Barnstable citizen group goes to court on Town Council wind vote. Here is what's next.

Tandem efforts are underway to compel the Barnstable Town Council to rescind its recent executive session vote on a side agreement with Avangrid Renewables and reconsider it in open session with public input.

One is a citizens' petition drive promoted by Barnstable Speaks , a grassroots organization concerned about plans to land high-voltage electric cables from Avangrid's New England Wind 1 project , formerly Park City Wind. The plans are to land the cables at Craigville Beach in Centerville and route them under the Centerville River, through the village's Main Street district and to a substation on Shootflying Hill Road.

The other is a civil complaint filed in Barnstable Superior Court by Save Greater Dowses Beach , another citizens' group with similar concerns, including the company's proposal to land cables for its New England Wind 2 project, formerly Commonwealth Wind, on Dowses Beach in Osterville. Barnstable Speaks is also listed as a plaintiff in the lawsuit.

Side agreement on offshore project in dispute

The "side agreement" at issue was discussed by the Town Council in executive session on June 13, and members voted 7-5 to direct the town manager to finalize the deal, which essentially releases easements for the Craigville Beach landing in exchange for augmented benefits to the town.

Town attorney Karen Nober announced the terms of the agreement at the June 27 Town Council meeting , upsetting residents who expected to be able to participate in a discussion of the matter.

The easements have since been signed but are in escrow pending the state's decision about contracts for offshore wind projects in its fourth and largest solicitation, for which Avangrid is a contender. Winning bids are expected to be announced in early September.

Residents behind the civil complaint were in court Tuesday for a hearing related to their lawsuit. Attorneys for the town and Avangrid were in attendance as well, and some residents demonstrated with "Protect Our Beaches" signs in front of the courthouse during the proceeding.

Two angles on alleged town charter violation

On Wednesday, Susanne Conley, chairwoman and co-founder of Save Greater Dowses Beach, said the plaintiffs are claiming the vote on the side agreement in executive session is a violation of the town charter.

The petitioners, she said, claim that the Town Council violated the town charter by taking the vote in executive session, depriving the voters of the right of redress in the public meeting. As of Wednesday evening, they had collected nearly 400 signatures, according to Barnstable Speaks member Joanne O'Connor.

"The petition is completely separate, although their argument closely mirrors ours," Conley said. She emphasized that the plaintiffs in the civil complaint are not questioning the executive session, "just that the vote to grant easements under Article 97 should have been public." Article 97 is part of the state's Public Lands Preservation Act that establishes a right to a clean environment.

Ultimately, Conley said, if the court agrees with the citizens, the Town Council would repeat the vote on the side agreement in a public session. That would then trigger a 10-day window for voters to collect signatures to call for a referendum vote on the side agreement, if the outcome of a public vote by the Town Council were to have the same result, she said.

The citizens bringing the lawsuit are awaiting a decision about whether they can present their argument at a full hearing and are seeking an injunction to prevent release of the easements until the matter is settled. Superior Court Judge Michael Callan took the case under advisement Tuesday. A decision could be made as soon as Monday, according to Conley.

As of Wednesday, the town's legal department did not have any statements to share about the civil case.

Side agreement gives additional benefits to the town

The side agreement supplements the host community agreement associated with the 791-megawatt New England Wind 1 project, providing additional money and other concessions to the town, while simultaneously lifting a hold on granting the easements to the company, according to the town's legal team.

Last October the council called for a pause on officially signing off on the easements because of uncertainty about the project's status after Avangrid withdrew from a deal with Connecticut because of changing market conditions. Avangrid instead chose to seek a new contract under better terms through the current multi-state bidding process.

Airing concerns with Gov. Healey

On Wednesday, as Gov. Maura Healey visited Four Seas Ice Cream in Centerville to promote the Massachusetts Ice Cream Trail , members of both citizens' groups gathered with their signs. The citizens were chanting “Protect our beaches, say no to Avangrid!”

After finishing her Four Seas’ visit, Healey took a few minutes to talk with the crowd saying she was aware of concerns having to do with proposed offshore wind transmission lines on the beaches but that federal studies show they emit the same electromagnetic radiation as a television.

“The whole reason for transmission lines is part of the move away from climate damage,” Healey said, noting that Massachusetts is a leader in renewable energy.

Protestors voiced concerns about water pollution and beach access rights in connection with wind power.

Healey said she was listening, following research and trying to balance the state’s needs including an urgent need for workforce housing. The crowd dispersed without input from Barnstable police who were standing by for traffic control.

Conley, after the interactions with Healey, said she "actually walked across the street and spoke with the entire group."

"I thought it was very above-board for her to take the time to come talk to us," she said.

Conley noted that the groups do recognize the need to move toward renewable energy sources but believe there are better, less impactful ways to achieve it. "I told the governor it's the use of recreational beaches that are protected under Article 97 that we're opposed to," Conley said. She added that she also pointed out concerns about effects on the ocean as well as routing cables through an historic village center lined by 200-year-old trees and historic properties, including the 1856 Country Store .

"The governor promised to drive by and take a look at what we're talking about," she said. "It was really good to have a face-to-face with the governor. She is in a position to turn around and say, 'Hey, we've got to go a different way.'"

Heather McCarron writes about climate change, environment, energy, science and the natural world, in addition to news and features in Barnstable and Brewster. Reach her at hmccarron@capecodonline.com

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This article originally appeared on Cape Cod Times: Barnstable citizen group goes to court on Town Council wind vote. Here is what's next.