It’s not supposed to make sense
By Will Collette
OK, so I just got back from the third of a seemingly endless
series of Zoning Board of Review (ZBR) hearings on the Whalerock wind farm
proposal. Like Hearing #1 and Hearing #2, Hearing #3 was another display of
dueling experts and dueling lawyers in a kangaroo court atmosphere.
Some of what went on tonight was slightly interesting and
marginally different than the prior two hearings, but in the middle of watching
a distinguished scientist from URI, Dr. Jay Singer, try to address public fears
about wind turbines and health effects, I had a moment of satori, of a Zen-like
clarity.
Singer was trying to explain how scientists study, quantify
and theorize based on a discipline that requires rigorous scrutiny and the
ability to duplicate results often enough to generalize. I heard the crowd jeer
and catcall him, and saw some of the ZBR members display – sorry, guys – some woefully
ignorant behavior.
It seemed that nothing Singer could say about the science
could sway the somewhat diminished crowd or the two ZBR members (Crosson and
Rzewuski) who have pre-judged this case from their firm belief that “Wind
Turbine Syndrome (WTS)” exists. No matter how thoroughly Singer debunked WTS,
it made no difference.
That’s when it hit me: this debate over Whalerock is not
about science or economics. It’s more like an argument over religion.
 |
| Initial turn-out was down below 200 after two boring hearings. |
The
opponents have latched on to Wind Turbine Syndrome as the ultimate truth. They
believe. They have a deep, unshakable abiding faith.
And the discussion over Whalerock is now about whether you’ve been born again into faith in WTS, or not.
And the discussion over Whalerock is now about whether you’ve been born again into faith in WTS, or not.
There’s really no way to have a rational conversation about it. If you claim to be
opposed to the Whalerock project, as I am, but don’t believe in Wind Turbine
Syndrome, as I certainly do not, you are not a true believer.
In over 30 years of working with NIMBY groups, I can’t
recall ever seeing this deep-seated level of obsession with pseudoscience. It’s
pretty scary to see so many otherwise intelligent people buy into what seems to
resemble a cult.
 |
| ZBR Chair Mike Rzewuski may have handed Whalerock an easy court appeal |
For all practical purposes, this round - the ZBR hearings - in the never-ending
Whalerock fight is over.
Yes, there are two more hearings scheduled, the next on June 26, and the one after that on July 17. They will run an hour longer, starting at 6:30 and ending at 10:30.
Yes, there are two more hearings scheduled, the next on June 26, and the one after that on July 17. They will run an hour longer, starting at 6:30 and ending at 10:30.
There will probably be more hearings
after that. But since two ZBR members – Chair Mike Rzewuski and Ron Crosson –
have made it plain they will vote no, and Whalerock needs a 4-1 vote to get its
special use permit, the outcome is clear that Whalerock will be voted down.
And Whalerock will go back to Superior Court. ZBR Chair Rzewuski has
conducted these hearings in such an unprofessional manner that it’s hard to
imagine that the next judge in the next case will uphold the ZBR.
Rzewuski has allowed
yelling, catcalls and insults from the crowd, violated the agreed upon rules of
procedure, and failed to address key objections from the attorneys that leave
many important questions hanging in the air.
I’ll go into more detail in my follow-up coverage since it’s
clear that this case is going to go back to court and the errors I saw will
figure in how the court handles the next round of litigation.
Who is paying for the town’s Special Counsel to represent private
clients?
 |
| Mancini: Who is paying his bill to represent anonymous clients? |
The first half hour of tonight’s hearing was dominated by
arguments among the lawyers. Whalerock’s Gorham insisted, again, that the town
had no business even being there given Judge Kristin Rodger’s ruling that the
town had no standing. Of course, the lawyers argued about what Judge Rodger’s said and meant during their hearing before her last week on the town’s motion
to be allowed back into the case.
But the most interesting lawyer-on-lawyer melee had to do
with our new $50,000 Special Counsel John Mancini who is representing not only Charlestown but an anonymous group of private individuals.
Gorham insisted that Mancini needed to disclose those individuals identities so the ZBR can make the required determination as to whether they are, under the law, “affected parties.”
Gorham insisted that Mancini needed to disclose those individuals identities so the ZBR can make the required determination as to whether they are, under the law, “affected parties.”
Mancini insisted that he doesn’t have to reveal their
identities until the case goes back to Superior Court because, he argued, there
isn’t a requirement that their identities should be revealed.
The lawyers will argue that point in dueling briefs they
will submit to the ZBR for its consideration at the hearing after next, July
17.
The most likely answer is Charlestown Taxpayers
 |
| Ron Areglado (electric pink shirt, right) huddles with Town lawyers. Standing and smiling, Whalerock lawyer Nick Gorham trying to find out what they're talking about |
But Gorham further pressed the issue of who is paying for
Mancini to represent these anonymous people and stated that it is the town
taxpayers. He made that assertion several times in several different ways so
there would be no mistake that he was saying that Charlestown is paying for the
representation of these anonymous people.
Neither Special Counsel Mancini nor Town Solicitor Peter
Ruggiero disputed Gorham’s assertion that Charlestown is paying for Mancini to
represent these anonymous persons.
Apparently, the CCA Party majority on the Town Council feels
that it is appropriate for the town to now spend town taxpayers’ money to cover
the legal bills of private citizens. And we don’t even know who they are,
although Ill Wind leader and CCA Party regular Ron Areglado’s deep confab with Special
Counsel Mancini makes it a pretty good bet that he’s one of the anonymous ones
riding on the town’s tab.
I’ll have more on this and other “highlights” from tonight’s
hearing in my in-depth follow-up coverage, but consider this closing thought.
What do you think the CCA Party members would do if a Council led by Marge
Frank, Jim Mageau or Deb Carney made a closed-door deal to spend $50,000 to
hire a Special Counsel and then allowed that Special Counsel to charge the town
for representation of private individuals?
How long do you think it would take
them to assemble a mob to march from West Beach up South County Trail to burn
down Town Hall?
