Scituate: Superior court judge denies effort to stop operation of wind turbine

Judge Charles Hely has denied a motion for preliminary injunction to stop operation of a wind turbine in Scituate. The McKeever family of Scituate filed a complaint in superior court in December against the Scituate Board of Health. The McKeever’s attorney, Tanya Trevisan, asked the judge to order the Board of Health to temporarily shutdown the structure while the lawsuit lingers in court.

“Obviously the family is disappointed as they were hoping to get some relief from the daily disruptions that this wind turbine causes and the problems it brings with it. For the sake of their children, the McKeevers are staying positive and will work diligently, as any parent would, to ensure the Board of Health proceedings move forward in the manner anticipated by the court,” said Trevisan

The McKeever’s live 640-feet away from the turbine.

At the preliminary injunction hearing Monday in Brockton Superior Court, the attorney representing the Board of Health, Jonathan Davis, said that the McKeever’s signed a release a few years ago with the company that owns the structure, Scituate Wind LLC, that they won’t challenge permits that were granted to install the turbine. In exchange for silence about the agreement, the McKeever’s were given $20,000 and six trees were installed in their yard to create a sound buffer from noise created by the turbine.

But the McKeever’s did question permitting of the turbine. Trevisan presented a special permit as evidence. She said the Planning Board signed off on a special permit but a requirement was that the Board of Health needed to sign off on it as well, which Trevisan argued never happened.

The McKeever’s attorney also presented doctor’s notes as evidence which show that the health of the Scituate family has been negatively impacted since the turbine began operating.

Scituate: Superior court judge left to decide fate of wind turbine [ 1:39 ] Play Now | Play in Popup | Download (33)