Falmouth Attorney Confirms the State Has the Authority to Override Decision if Select Board and Town Meeting Vote to Deny Mayflower Wind’s Request for Falmouth Landfall

Can Mayflower Wind install the proposed electric cable and substation in Falmouth without Town approval?

This is a question asked of the Falmouth Assistant Town Manager Peter Johnson-Staub and the response from the Falmouth Town Counsel Maura O’Keefe.

The response came to us as a .pdf, so please click here to read the full text. Also, please read carefully and note that in the first of two paragraphs of the “Conclusion”, Atty. O’Keefe in part states perhaps:

“While the EFSB has broad authority to override the state and local permit granting process under certain circumstances, the language of section 69K is clear that the EFSB may not override any decision of the Town concerning its own land or an interest in land that it owns, except for land in the public way. Therefore, if a proposed article to grant an easement over Town land fails to pass at Town Meeting, for example, if there is no action the EFSB may take to override that vote.”