Falmouth board authorizes intervention in Eversource substation review; approves multiple event and restaurant licenses

The Falmouth Select Board authorized town counsel on May 18 to file a petition to intervene in the Energy Facilities Siting Board (EFSB) proceedings for Eversource’s proposed Fal substation after members said community suggestions offered earlier had not been reflected in Eversource’s filings.

Town counsel explained the difference between intervenor status — a full party that can file evidence and motions — and limited participant status, noting that abutters and municipalities commonly receive intervenor status because their interests are directly affected. Counsel said the EFSB considers whether a petitioner’s interests are unique and whether the petitioner can assist the board’s understanding. The board voted to have counsel file the intervenor petition.

Select Board member Jack P. Richardson said he and other board members had attended the recent hearings and expressed frustration that Eversource had not incorporated neighborhood concerns. Richardson noted the company’s recent strong earnings and urged more willingness to explore alternatives that reduce local impacts.

Licenses and event approvals

During routine business the board approved multiple special event and entertainment licenses: the Barnstable County Fair entertainment and Sunday entertainment licenses (Cape Cod Fairgrounds, July 20–26) were approved after staff recommended conditions; Shipwrecked LLC’s one‑day entertainment and Sunday entertainment license (Shipwreck/Heights Hotel race after‑party, Aug. 16) was approved after applicant Alex Khan agreed to keep music lower between 9–11 a.m. to address neighbor concerns. The board also approved transfer of an all‑alcohol restaurant license and entertainment licenses to Old Casino LLC at 286 Grand Avenue; one member abstained from that vote.

Clean Water Trust interim financing

Separately, the board approved interim loan notes to the Massachusetts Clean Water Trust to finance the SRF‑eligible portion of the Great Pond Phase 1 sewer project. Bond counsel prepared the interim note documents and a town clerk certification of the board’s financing vote was read into the record per trust requirements.

What the vote means

The intervenor authorization allows the town to participate as a full party in the EFSB case, including access to discovery and an opportunity to try to negotiate site changes or mitigation as part of the hearing process. Town counsel cautioned that the EFSB’s statutory purpose is to allow certain waivers of local rules and that success at denial of specific waivers is an uphill legal path; the town’s role will be to raise concerns, present evidence, and seek the best available protections for neighbors.

Votes at a glance

- Consent agenda: approved (licenses and administrative orders).
- Barnstable County Fair entertainment & Sunday licenses: approved.
- Shipwrecked LLC one‑day entertainment & Sunday entertainment license (Aug. 16): approved, applicant agreed to reduce music volume 9–11 a.m.
- Old Casino LLC (286 Grand Avenue) entertainment & Sunday entertainment licenses and transfer of all‑alcohol restaurant license: approved (one abstention).
- Authorization for town counsel to file petition to intervene in EFSB proceedings concerning the Fal substation: approved.
- Interim loan note authorization with Massachusetts Clean Water Trust: approved and delegated to treasurer for execution.

Who spoke

Town counsel explained the legal options and regulatory path; Select Board members urged vigorous representation of local concerns; several applicants and members of the public presented during the public hearings.

Next steps

Town counsel will file the intervenor petition within the EFSB deadline; staff and special counsel will continue negotiating lease/tax/decommissioning and subsidy details for the Cape Cod Country Club solar proposal reported elsewhere on the agenda. The town also moves ahead with Clean Water Trust interim financing for the sewer project.