Falmouth Emerald City Hopes Fade Away

Falmouth Wind Turbines Rolled the Dice

Rules : Falmouth Wind Turbine Appeal

Over the last ten years Massachusetts state officials and wind turbine contractors convinced the Town of Falmouth to become a “Green” town.

The stories told to the residents of Falmouth mimic the Wizard of Oz.

The residents were told they were getting a revenue stream that was going to take them down the Yellow Brick Road to the Emerald City.

The Town of Falmouth would indeed turn Green with renewable energy and everyone would live happy together for eternity.

Town residents were led to believe the wind turbines ( Wizard of Oz ) were the one thing that was capable of solving all the financial issues.

Today it has been revealed that the wind turbines ( Oz ) is actually none of these things . ,

Massachusetts state officials have been using a lot of elaborate magic tricks and props or wind turbine studies to make commercial wind turbines seem “great and powerful.”

Massachusetts has a long history of renewable energy fiascos. Evergreen Solar, Charlestown wind blade testing facility, New Bedford Marine Commerce Terminal and the poor placement of commercial wind turbines in twenty one communities.

The residents of Falmouth still don’t get it ! You can’t just take the health and property rights of your neighbors because you want a new revenue stream. The United States is a nation of laws. We all have constitutional rights and equal protection under the law.

Falmouth lost a major case in Massachusetts Supreme Court. Falmouth now is another financial fiasco in a long list of renewable energy failures.

How the Massachusetts Supreme Court Votes for Further Appellate Review; Certification.

If any three justices of the Supreme Judicial Court shall vote for further appellate review for substantial reasons affecting the public interest or the interests of justice, or if a majority of the justices of the Appeals Court or a majority of the justices of the Appeals Court deciding the case shall certify that the public interest or the interests of justice make desirable a further appellate review, an order allowing the application or the certificate, as the case may be, shall be transmitted to the clerk of the Appeals Court; upon receipt, further appellate review shall be deemed granted.

The Town of Falmouth knowingly installed two commercial megawatt Vestas 1.65 megawatt turbines of the V 82 class of turbine. The turbines were previously known as NEG Micon’s 1.65 MW wind turbine called the NM 82.

The Town of Falmouth omitted noise warnings from the Vestas Wind Company previous to the installation of the turbines.

See August 3,2010 letter from Vestas Wind Company at this link : http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.VRIAs_nF9-c

A Massachusetts Supreme Court panel of three judges found the Town of Falmouth should have followed by law 240-166.

The Town of Falmouth gambled they could use a by law that did not require additional noise and setback regulations.

The turbines have broken Massachusetts state noise regulations as was stated by Vestas Wind Company prior to the installations

The town finds itself between a rock and a hard place. Why didn’t the town warn Town Meeting Members and residents about the noise letter from Vestas Wind Company ? Would Town Meeting Members or individual voters have voted to gamble the health and property rights of up to 200 residential homes?

The Appeals Court decision exposes the Town of Falmouth to two harmful consequences.

First the town must apply to the zoning board of appeals for a special permit and, if successful, it will likely face further judicial appeals with attendant time, effort, uncertainty and expense.

This is exactly the fate that sec. 240 – 30B attempted to avoid by permitting “all municipal purpose” by right in a Public Use District.
Secondly, the Town will now face possibly calamitous financial consequences through its obligation to repay $4,992,000 bonded indebtedness with neither an asset to justify the expenditure nor a revenue stream to pay it .

The Town of Falmouth rolled the dice. Revenue stream vs taking the health and property rights of a minority of citizens.

Falmouth lost the gamble -time to pay up with the taxpayers dollars that were gambled