Neighbor News
Falmouth Broke Civil & Criminal Law ZBA
Turbines are not an essential government function-waste-water facility operated for years without them.
Falmouth Zoning Board Meeting - 7/23/2015
Town of Falmouth Broke Civil & Criminal Law
The wind turbines are not an essential government function – the waste-water facility operated for years prior to the wind turbine being constructed.
The Falmouth ZBA in the past has found the turbines are a nuisance
The Town of Falmouth and the Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative not only avoided the town special bylaw but also conspired to commit civil & criminal acts. These acts were committed to save an embarrassed state agency and misappropriate taxpayers money through an elaborate one million dollar deal.
The one million dollar bribe to buy Falmouth Wind 1 today has turned into another gift of 1.8 million dollars to pay the legal defense of the Town of Falmouth for breaking the law. The Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative is paying the wind turbine legal fees of the town in an attempt to outspend the wind turbine victims.
The Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative is in the process of victimizing the citizens again
240-110 of the Code of Falmouth
Noise violation was found in the Mass DEP regulations when DEP study was conducted.
The Massachusetts Supreme Court found the 314 acre town owned parcel needed a Special Permit 240-166 to install commercial wind turbines.
Barnstable Superior Court found the Town of Falmouth maintains a condition that causes ‘substantial’ and ‘unreasonable’ interference with the use and enjoyment of the property of another. A court order shut the turbines down 12 hours a day and all day Sunday.
Low frequency due to amplitude modulation has supporting information. Prior to the Falmouth wind studies the Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative provided a wind study to residents of Mattapoisett and other towns that made reference to two distinct types of noise from the wind turbines A. “Regulatory” & B. “Human Annoyance.” The references were dropped from the Falmouth wind study.
On September 5, 2013, the Zoning Board of Appeals received the following eight packets;
- Packet 1 entitled ZBA Filing Documents
- Packet 2 entitled “Health”, Letters/Medical Providers
- Packet 3 entitled “Noise/Nuisance”, Resources = WT Noise
- Packet 4 entitled “Complaint Letters”, To Town Hall and State Representatives
- Packet 5 entitled “Letters to Others”, Speaking of My Complaints
- Packet 6 entitled “My Letters to newspaper Editors”, concerning WT Problems
- Packet 7 entitled “Property Devaluation”, info
- Packet 8 entitled “Letters/Notifications”, From the Town
The Massachusetts Superior Court found the Town of Falmouth broke the law and should have followed Special Permit 240-166.
There is evidence to show the Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative was stuck with an older Vestas V-82 commercial gear driven wind turbine in the 1.65 megawatt class. ( Now known as Falmouth Wind 1)
The turbines were a political embarrassment and couldn’t be sold at auction. Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative had to give the Town of Falmouth one million dollars in advance to take the loud out of complaint turbine off their books. The turbines were being held in storage at $3500.00 a month for years and couldn’t be sold at auction.
Here is what we know.
Using Special Permit 240-166 to install Falmouth Wind 1 would have resulted in no installation of the turbine. Special Permit 240-166 would have required more wind studies and additional notifications. Those notifications would have allowed abutters to the turbines to locate negative information about the installation.
The Town of Falmouth was in possession of a letter from Vestas Wind Company that the turbines generate 110 decibels of noise almost twice the specifications.
The Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative for the first time after all their other wind turbine studies in previous towns had dropped the reference to two distinct types of sound Regulatory & “Human Annoyance” from the Falmouth study.
One can only reasonably conclude that “Human Annoyance” was the reference to low frequency/infra sound.
The Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative in an April 2013 CYA memo to the Town of Falmouth admits they made acoustic noise mistakes in the Falmouth wind study for Falmouth Wind 1.
The Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative in June of 2013 admitted the Falmouth Wind 1 turbine was installed “ Ad Hoc.”
There is enough evidence in hand that the Town of Falmouth & The Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative work in unison to break the law by avoiding the Special Permit process.
The end result was the Massachusetts Clean Energy Center formerly known as the Massachusetts Technology Collaborative the owner of the politicaly embarrassing turbine they were holding in storage at $3500.00 a month for several years off their books
The Town of Falmouth got one million dollars up front as an enticement to avoid the special permit process.
The residents around the wind turbine lost their health and property rights with no compensation.
Not only civil laws were broken but criminal actions took place that endangered the health and safety of the public.
It is also clear that the former Massachusetts Attorney General was a wind turbine advocate and took no actions to protect the citizens of Massachusetts who have become second class citizens/
The former Mass Attorney General today works for a law firm that advocates for the installation of commercial wind turbines.
That law firm could be part of the legal defense team of the Town of Falmouth using taxpayer funds to out spend the wind turbine victims in court.
A reasonable person or jurist can only conclude that the “mistakes,” “omissions,” “ hidden noise warning letter” and transfer of hundreds of millions of taxpayers dollars was and intention act taking the health and property rights of citizens in search of the American Dream ; Home ownership and the right to live in that home based on the zoning regulations and property rights.
The Town of Falmouth has taken those rights with no compensation for 5 years.
