Read the draft zoning bylaw provisions here.

The United States had previously been given an extension to file its brief in the Massachusetts Appeals Court.  On June 25, 2010, court proceedings were stayed until July 28 to permit final settlement negotiations to proceed.  A status report was filed on July 28, with the stay pending settlement negotiations extended to August 30.

On August 28, both the United States and Blasch filed a joint motion to stay the appellate proceedings in order to go back to the Land Court to jointly request that court to vacate its decision and to modify its judgment.  The parties have until September 28 to dismiss the appeal if the lower court decision is vacated or to report back to the Appeals Court if it is not.

See the Mass. Appeals Court docket in case 2010-P-0385 here.

See the Annual Town Meeting Minutes of April 26, 2010, pp. 28-30.

When it finalizes a draft zoning bylaw amendment, it will conduct informational public meetings during the summer and fall in anticipation of presenting the amendment for a vote at the fall Town Meeting.

See the Minutes of its February 3, 2010, meeting.

The Bylaw would authorize the Conservation Commission to protect land within the ACEC in the same manner it now protects wetlands and floodplains.

The Bylaw notes that “Areas of Critical Environmental Concern (ACECs) are places in Massachusetts that receive special recognition because of the quality, uniqueness and significance of their natural and cultural resources.”

The Bylaw was recommended by the Board of Selectmen and Conservation Commission, both by 5-0 votes, and was opposed by the Bylaw Committee by a 2-1 vote.

If approved, the Bylaw would allow the Commission to adopt specific Regulations to protect the ACEC.

The proposed Bylaw is Article 35, on pp. 26-29 of the Warrant.

Board members summarized their own views of the pros and cons of the proposed turbine at the White Crest Beach site.

After acknowledging all the efforts by Town committee members, they voted 5-0 to halt the project.

Although Warrant Articles relating to the project have been published, they are likely to be withdrawn at the April 26, 2010, Town Meeting.

For more details, see “Wellfleet Selectmen Kill Turbine Plan“, by Doug Fraser, Cape Cod Times, March 31, 2010.

A Land Court judge had ruled that the U.S.A. did not have standing to appeal the Wellfleet Zoning Board of Appeal’s approval of the Blasch LLC building permit.

The U.S. was granted a second extension, until June 28, 2010, to file its appellant’s brief with the Appeals Court.

The case is docketed as 2010-P-0385.  Its status is online here.

There will be a public hearing on the proposed amendment on Wednesday, April 17, 2010, at 7:00 pm at the Senior Center.

Price had noted the CCNS’ missions of preserving the Seashore’s resources and conserving energy.  Specific projects, such as the turbine proposal, would be examined in light of these goals.  He will review U.S. Park Service analyses of this proposal and its effects on resources in forming the Seashore’s position on it.