On June 8 the Zoning Board of Appeals voted to postpone the ongoing public hearing on the Bog Wind project until the Attorney General can review Town Meeting's decision to repeal the town's bylaw on wind energy facilities.

Bog Wind developer Beaufort Windpower is asking the Zoning Board of Appeals to approve the construction of two wind turbines on Charge Pond Road.

Town Meeting repealed the wind energy bylaw on May 24. At the time, town attorney Rich Bowen said the project would be grandfathered in to using the previous bylaw since it is already before the Zoning Board of Appeals.

However, a week later Bowen explained that because the Bog Wind developer did not file the proposal properly, the project could be impacted by the bylaw change.

At the June 8 meeting, Jon Witten, a legal representative for the town, presented a legal opinion to the Zoning Board of Appeals and Planning Board questioning the filing of the proposal and suggesting the public hearing be closed and the project's application be denied since it is not grandfathered in to the old bylaw.

Glen Berkowitz of Beaufort Windpower said Witten's recommendation to deny the project was premature as the Attorney General has not yet reviewed Town Meeting's decision to repeal the previous bylaw.

The Attorney General reviews any bylaw change to evaluate if it complies with state laws and to determine if there was a defect in the process of its approval.

Berkowitz says there was a "fatal defect" in the debate at Town Meeting since town counsel and other officials publicly stated the project would not be affected by the change. Berkowitz said their statements could have influenced the vote.

"The laws have been there all along. ... It is the applicant's responsibility [to verify the project has been filed properly]," Witten said.  "The only thing that could change this conversation is if the Attorney General denies the bylaw change."

The Zoning Board of Appeals voted to continue the hearing to October 26, 2011 in order to give the Attorney General a chance to review and respond to the bylaw change.

After the meeting Berkowitz said he was pleased with the Board's decision to continue the hearing.