A recent article in the Harvard Press depicted the Wind Turbine Bylaw proposed by the Planning Board as being more restrictive than requirements for cell towers and amateur radio antennas, and quoted John Sweeney, a former member of the Wind Energy Conversion Systems Task Force, as saying that as a result of this bylaw there would be legal fees of more than $60,000 associated with a filing for a special permit.
What must be noted is that wind turbines are significantly more complex than cell towers and amateur radio antennas, which are relatively passive structures. There were many issues that needed to be considered in allowing the installation and operation of wind turbines, some of which are: safety, noise and interference issues, liability for damages, viewshed protection (a valuable town asset), preservation of town character, and consistency with intended uses within residential zones. In the past, Harvard spent considerable time to balance similar issues when cell towers were first proposed. Recent noise issues associated with a facility in Devens highlight the concerns residents have on issues that impact quality of life and the character of Harvard.
As the proposed bylaw does not impose any unusual legal requirements, it is the opinion of the Planning Board that legal fees would not approach the order of magnitude quoted. The need for legal services should be comparable to other applications such as shared driveways or other nonstandard applications that would incur legal fees in order to obtain a special permit.
The Planning Board believes the proposed bylaw is a reasonable balance between the potential impact on neighbors and the community and the desire to promote the use of renewal energy sources by residents.
Joseph R. Sudol Jr., chairman
Planning Board
