Falmouth Board Dictates Tyranny Over Wind Turbines

Falmouth Board Dictates Tyranny Over Wind Turbines

Select Board : Doug Jones, Susan L. Moran, Mary Pat Flynn, Rebecca Moffitt, Samuel H. Patterson all endorsed Article 2- No Discussion

The Falmouth Select Board has promised to fight its own dirty little war by endorsing Article 2 at Falmouth Special Town Meeting November 10, 2015. This is not a proper application of the power of eminent domain.

The central issues associated with the Falmouth wind turbine fiasco:

A ) Town officials willfully ignored warnings from the turbine manufacturer concerning noise (audible and infrasonic) and the inappropriate proximity to residential areas,

B ) Town officials willfully ignored their obligation to employ all of the due process steps to secure proper permitting for the structures - permitting procedures the municipality itself put in place,

C ) The subject turbines have been found by independent experts to exceed acceptable sound emission standards as predicted by the town’s engineering firm and the manufacturer of the turbines,

D ) The town officials are now acting to drag the town further into endless legal battles and expenses by suggesting what amounts to an illegal “spot zoning” fix - retroactive legislation to bypass the town’s own rules and regulations.

The mess the town of Falmouth is in has absolutely nothing to do with the usefulness and legitimacy of wind power in general and everything to do with the rule of law and a municipality’s choice to continue to run amok in attempts to subvert and sidestep the rule of law.

The conduct of Falmouth municipal officials throughout this entire fiasco has been borderline criminal

Another new battle looms in Falmouth over a very old issue: the rights of private property owners versus those of the government to decide how land should be used.

History does repeat itself. The tyrant select board has endoresed stealing wind turbine victims homes under claim of authority and power. Making purchase offers at 50 percent of the sale price of homes ?

Article 2 is an eminent domain article that asks to throw residential families living around the wind turbines out on the street.

Basically its :” kick em to the curb ”

One member of the Select Board said the news media and local talk got it wrong . There is a link to the Falmouth Goverment CTV below where you can watch and hear the introduction to article 2 and the endorsement by the Select Board. You can’t deny what’s on the video !

The Falmouth Select Board for years has been touting the figures between 12 and 15 million dollars to take down the turbines.

The Falmouth Select Board has now boxed themselves into a corner by endorsing Article 2 the eminent domain article.

The board unanimously endorsed Article 2 with very little discussion only to say: “We’ve made a long term commitment to renewable energy.”

The Falmouth Select Board has again failed due diligence. They will tell you the turbines will cost 12 million to take them down but they won’t tell you how much the eminent domain article will cost you !

There are around 200 to 300 residential homes up to 3200 feet from the Falmouth turbines.

The Consensus Building Institute (CBI) conducted the Falmouth Wind Turbine Option Analysis Process (WTOP) at a cost to taxpayers of $388,000.00. The Falmouth Wind Turbine Option Analysis Process didn’t consider eminent domain because of the prohibitive costs of the litigation and takings.

The eminent domain property takings could cost Falmouth taxpayers 70 million dollars plus based on an average home price of $350,000.

The 70 million dollars takes into account homes not taken by eminent domain would petition for eminent domain damages due the taking’s perceived property stigma and subsequent property devaluation.

Town Meeting Members need to know how much the Article 2 eminent domain article will cost taxpayers.

An eminent domain contested case in Massachusetts can last 5 to 8 years. What are the legal costs ?

The residents are the original stakeholders and the turbines were illegally installed. The victims have been suffering a nuisance causing lack of sleep and health problems for over 5 years.

The town taking 10 to 40 homes would be cause for all the other residents to file litigation for diminished value loss of their property. Who would purchase real estate in a neighborhood where homes are being seized for wind turbine setbacks. In real estate it is location, location, location.

The courts will determine the measurable diminished value loss of all the other 200 to 300 homes around the turbines.

Town Meeting Members need to ask the Select Board why they endorsed Article 2 the eminent domain article and how much and how long will the process take if enacted by Town Meeting.

The eminent domain presentation can be viewed on the link below:
Board of Selectmen 10/5/15 part 2--- 1:30 minute mark presentation and endorsement 2:24 minutes
http://www.fctv.org/v3/vod/board-selectmen-10515-part-2
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This is the proposed article 2 written indistinguishably :

ARTICLE 2: To see if the Town will vote to support the Board of Selectmen’s efforts toward maximizing the benefits and thereby minimizing any financial burden to Falmouth’s citizens from operation of the Town’s municipal turbines at its Wastewater Treatment Facility at 154 Blacksmith Shop Road, West Falmouth, MA. Or do or take any other action on the matter. On petition of Richard Latimer, Ronald Zweig and others.
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Last please view the presentation by Attorney Chris Senie
Falmouth ZBA Sept 17 with Chris Senie -This link :
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

Town Meeting Member Dave Moriarty discusses the upcoming Special Town Meeting concerning Wind 1
Click here to watch the youtube video : Falmouth MA Wind Turbine Fiasco 2015
https://www.youtube.com/watch?v=Vs8SwaR4KjE&feature=youtu.be