Falmouth Criminally Responsible For Wind Turbines

Falmouth Criminally Responsible For Wind Turbines

The first Falmouth bylaw 240-1 states the purpose of this chapter is to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water supply, drainage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment

Bylaw 240-18 of the by-law states that where an activity might be classified under more than one of the within uses, “the more specific classification shall govern; if equally specific, the more restrictive shall govern. “

Today March 24, 2015 citizens around the world are watching the Vestas V-82 commercial megawatt turbines that were placed in Falmouth, Massachusetts USA.

Citizens worldwide have been made aware through the Freedom of Information Act that the Town of Falmouth is guilty of withholding noise warnings from Vestas Wind Company about the two commercial wind turbines. The FOIA letter addressed to the Town of Falmouth on August 3,2010 describes noise warnings prior to the installation of any wind turbines.

The Town of Falmouth held energy committee hearings and Select board meetings for years prior to the installation of the first commercial wind turbine. The information in the August 3,2010 warning letter from Vestas that had warned the town years before the installation is no where to be found in any public records or hearings . The omission of the warning today equates to public officials having full knowledge that the first Vestas wind turbine would in fact break state noise guidelines.

Now ask yourself what is a criminal act ? Does it apply to social conduct threatening or endangering property, health,saftey and moral welfare of citizens ? The Town of Falmouth since 2010 has avoided dispute resolution and victim compensation to the more than 200 residential homes around the turbines

The Town of Falmouth according to court records reviewed two bylaws : 240 - 30B of the by-law , which includes municipal purposes and 240-166 the wind turbine bylaw .

The 240-30B bylaw is much less restrictive than the wind turbine bylaw 240-166 that requires additional noise and setback studies.

The Town of Falmouth prior to the installation of the megawatt turbines was faced with having the written noise warnings in black and white from Vestas wind company. The warning clearly stated the turbines would break state noise regulations.

Massachusetts has case law where corporations have been held criminally accountable for assault and battery on the environment. Why not the public officials in Falmouth who were aware the turbines would break state noise laws ?

Mass Case Law - Assault & Battery on the Environment :
“In November of 1997, the owner of a Worcester-area smelting company pled guilty to several charges, including assault and battery with a dangerous weapon, stemming from the exposure of employees to large quantities of lead dust”

http://www.nesl.edu/userfiles/file/lawreview/vol33/3/jessup.pdfa

The Town is guilty of assault and battery on the environment. The Massachusetts Environmental Strike Force has found corporations criminally responsible for crimes against the environment .

The Town of Falmouth has knowingly inflicted noise on the up to 200 residential homes around the wind turbines assaulting the environment of the residential home owners who were the original stakeholders

A Criminal Charge