Attention: Wind Turbine Victims Within 3200 Feet Of Falmouth Wind 1

Falmouth Wind Turbine Special Town Meeting November 10, 2015

The Falmouth Select Board has endorsed all three articles. All three articles are wind turbine related.

Last night October19 the Falmouth Select Board certified the minutes of the Oct 5 Select meeting in which they endorsed Artcle 2. Article 2 is the eminent domain proposal as seen on local Falmouth Government Cable TV.

ARTICLE 2 is a proposal explained as an eminent domain article to take the residential homes around the wind turbines. The presentation is at the 1:30 hour mark and the overwhelming endorsement by the Select Board is at the 2:24 mark in the video.

The only discussion during the endorsement of this article was: “We’ve made a long term commitment to renewable energy.”

The proposal is to throw you and your family out on the street.

There are approximately 200 residential homes within 3200 feet of Falmouth Wind 1

The presentation can be viewed on the link below:
Board of Selectmen 10/5/15 part 2---- 1:30 minute mark and 2:24 minute mark 
http://www.fctv.org/v3/vod/board-selectmen-10515-part-2


The Massachusetts Superior Court Department ruled in 2015 : The defendant town was required to obtain a special permit from the zoning board of appeals to install a wind turbine on town land, where the zoning by-law specifically designated windmills as an accessory use by special permit.
Background. The plaintiffs are Falmouth residents who live between 1,300 and 3,200 feet from a wind turbine known as “Wind 1,”
http://masscases.com/cases/app/87/87massappct127.html

ARTICLE 3 Is an amendment to change the Special Permit By-Law creating a group of second class citizens living around two commercial wind turbines that violate state noise regulations and have been ruled a nuisance. The amendment creates a wind turbine zone where only a minority of residents have to live with several distinct types of wind turbine noise affecting health. Another term for this is Spot zoning. Spot zoning is not consistent with the U.S. Constitution

Falmouth Planning Board Wind Turbine Article Hearing 10/20/2015 Tonight

Live coverage of the Falmouth Planning Board from Town Hall October 20, 2015 6:30 PM

http://www.fctv.org/v3/15live

The Planning Board studies and makes recommendations on the long term growth of the Town. The Planning Board also reviews site plans and special permits under the zoning bylaw and subdivision plans under the Subdivision Control Law. The Planning Department assists the Planning Board in the administration of its duties as well as assisting other town departments with land use responsibilities.


Planning Department Agenda for: 10-20-2015

AGENDA

Selectmen’s Meeting Room, Town Hall October 20, 2015
Regular Meeting 6:30 pm

PUBLIC HEARING:
Zoning Article for November 10, 2015 Special Town Meeting

ARTICLE: 3 To see if the town will vote to amend Chapter 240 – Zoning – of the Code of Falmouth by adding the following to Article XXXIV (34) Wind Energy Systems:

240-166.D (2) Any Wind Energy System owned by the Town of Falmouth and used for municipal purposes, in existence as of the date of this bylaw, shall be exempt from the provisions of this Article, pursuant to Section 240-30 .B. and may be allowed to operate as a matter of right in public use districts.

Or do or take any other action on this matter. On request of the Board of Selectmen.

http://www.falmouthmass.us/agenda.php?depkey=planning&number=7584

## NOTE : Additional information related to the plans not part of the meeting above :

Approval of the Attorney General is required when town by-laws are adopted or “amended.” The amendment ,Article 3 ,as written is consistent with Spot Zoning in the Town of Falmouth. Spot zoning is not consistent with the U.S. Constitution.

Click to review Spot Zoning : http://tinyurl.com/q77eqm3

September 2015 : Presentation that led to the wind turbine amendment :

Zoning Board of Appeals September 17, 2015 Senie & Associates, P.C. Representing Impacted Neighbors
https://windwisema.files.wordpress.com/2015/09/senie-to-zba-ceasedesist-2015-09-17.pdf

Zoning Board Of Appeals September 17, 2015 Part 1
http://www.fctv.org/v3/vod/zoning-board-appeals-september-17-2015-part-1

Zoning Board Of Appeals September 17, 2015 Part 2
http://www.fctv.org/v3/vod/zoning-board-appeals-september-17-2015-part-2