Although the Public Service Board is required to take local
ordinances into consideration when approving alternative energy systems,
there is very little that local towns can do to ensure that their
particular zoning ordinances are honored.
LOCAL OR STATE LEVEL?
The issue of whether alternative energy systems should be reviewed and
regulated at the local or state level is something being discussed
throughout The Valley and beyond particularly in communities that rely
on tourism and the aesthetic appeal of mountains, open fields or oceans
and beaches to attract those tourists.
When and if the review should be local, communities (and states) need to
make sure that local voices are heard, local ordinances obeyed, local
resources preserved and yet avoid the kind of NIMBY-ism that gets too
many projects tanked.
In Martha's Vineyard there is currently a one-year moratorium on the
siting of any wind energy projects in the state waters (up to three
miles off shore). The moratorium was adopted by the Martha's Vineyard
Commission, a regional planning agency that represents all the towns in
Dukes County, Massachusetts.
REGIONAL IMPACT
Mark London, executive director of the commission, explained that while
the state of Massachusetts has statutory authority to review commercial
wind projects, specific wording in the enabling statute that created the
Martha's Vineyard Commission and the similar Cape Cod Commission
provides those two bodies with regulatory authority over development
that will have regional impact.
He explained that the Massachusetts Oceans Act of 2008 opened up what
had been ocean sanctuary areas to certain types of projects, including
wind energy.
"For the Oceans Act, the state studied where wind and other ocean
projects such as sand and gravel mining and aqua-culture should be
sited. The main emphasis, however, was on wind energy and it identified
two areas for commercial scale wind development," he said.
Both of those locations are within Dukes County.
CRITICAL PLANNING CONCERN
"We are a bit unusual in that we have regulatory authority over
development with a regional impact. Our authority is similar to that of
the regional commissions of Act 250 in Vermont. So there was wording in
the Oceans Act that basically said that state review trumps our regional
review. As a result of local representation by all of the select boards
in all of our towns, our planning commissions and our state legislator
and state senator, we were able to convince the state secretary of
energy and environmental affairs that they should not be able to trump
the two commissions, the Martha's Vineyard Commission and the Cape Cod
Commission," London explained.
That action left the two regional commissions with the ability to define
what projects are appropriate for their particular communities and
London acknowledged that was a coup.
The commission adopted a district of critical planning concern (DCPC), a
specific definition in the commission's bylaws which is defined as
such:
"If the Martha's Vineyard Commission votes to consider a nominated area
as a Critical District, then a special moratorium will take effect,
suspending the town's authority to issue development permits within the
area being considered. The moratorium extends to all 'development
permits,' defined by the statute as 'any permit, license, authority,
endorsement or permission required from a municipal agency prior to the
commencement of construction, improvement or alteration made to
buildings or land.'"
POLITICAL AGREEMENT
"Although it was a political agreement the question of whether our
authority could have trumped the state's was not clear. The state said
they don't want to force projects down our throats and want projects
adopted that have the support of the community," London continued.
"We are now starting the process of trying to figure out what the
community wants in terms of aesthetics, impact, location, how many, how
big, etc. In one of the two areas defined by the Oceans Act there was
room for 100 turbines and some would have been relatively close to the
shore," he said.
State waters extend to three miles beyond the shore and federal waters
are nine or more miles from the shore. London said there is a huge
potential for federal projects and many people on the island argue that
there should be no wind projects in the state waters, and that it makes
the most sense to adopt the nine-mile federal water boundary.
PLANNING PROCESS
"We are in the planning process. A month and a half ago we set up a task
force and we are preparing visual simulations of what some options and
projects would look like. The commission has general policies and review
criteria for development of regional impacts but those have been
land-based. A critical concern for us is that our economy is based
directly and indirectly almost completely on tourism, vacation and
seasonal homes. When we survey people, the scenic values of the island
are right up there with what is most important," he concluded.
More information about the Martha's Vineyard Commission including
simulations of wind power installations and the planning process can be
found at mvcommission.org.
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