Falmouth Fatal Flaws : Wind Turbine Motion To Intervene

Falmouth Select Board Meeting In Executive Session To Response To Motion to Intervene Monday 5 PM 10/23/2017

The big question will they file a motion to dismiss?

On October 18, 2017, Falmouth Town Attorney Frank Duffy received a motion to intervene in a case in which the appeal time has long expired. In addition, other litigation has or is being consolidated due to the lack of an appeal.

The letter on the first line under subject sites:

Town of Falmouth v. Town of Falmouth Zoning Board of Appeals, et. al. Barnstable Superior Court Docket No. 2014-0003

The correct docket number is No. 2014-00003. This is probably a typographical error but it is the first line of the letter.

How do you go forward with a "mistake " on the first line? Should the judge be sent a corrective administrative order before proceeding?

Typos are bad. They are sloppy. As you have probably been told over and over again, if the judge sees that you were sloppy in proofreading the brief, why should he or she think you were any more careful in your legal research or the manner in which you describe cases?

We need to keep in mind during the installation of the wind turbines many so-called "mistakes" were made. The intervention request has a "mistake" on the first line. The mistakes continue to pile up.

The litigation case was originally filed on January 2, 2014, and closed June 21, 2017. The Falmouth residents had three and one-half years to intervene in the litigation.

In the main body of the motion, the interveners actually agree with the judge and court that the turbines are a nuisance and recognize they should have filed intervener litigation at an earlier date but did not.

The closing of the letter under Conclusion reads: The Relief from Judgement is being requested for the limited purpose of presenting a remedy that is more equitable to both parties which can reduce the nuisance that was determined to exist while operating to protect our environment by allowing the continuation of renewable green energy and also greatly reducing the financial impact on the taxpayers of Falmouth.

The conclusion leaves out again the health and safety of the up to 200 residents who live around the wind turbines and references financial interests as the reason to intervene. No one living around the wind turbines bought a house with a reduced nuisance.

As far as the financial impact Heather Harper the former acting Town Manager and wind turbine manager told people “We took on a huge risk and I think we were successful but we’re a large community and I think we can take on that risk.”

Note # The Acting Town Manager, Heather Harper, according to town regulations implemented the goals and carried out the policies of the Board of Selectmen.

The town knew the risk gambled and lost they knew according to the August 2010 Vestas letter prior to the installations the turbines were too loud. The 110 decibels of noise that equates to a hard rock band playing day and night.

Mary Pat Flynn, an 18-year Select Board member, announced in February of 2016 she will not be seeking re-election. Three months later May of 2016 the Falmouth Zoning Board refused to issue a Special Permit for Falmouth wind turbine number one.

The motion also leaves out the purpose of the Falmouth Wind Turbine Option Analysis Process (WTOP) run by the Consensus Building Institute (CBI) was for the Town of Falmouth and the neighbors of the wind turbines to engage in an open, transparent, and collaborative exploration of the range of options for the long-term future of the Town’s two Wind Turbines – Wind I and Wind II.

The WTOP -CBI meetings lasted one year in which the Town of Falmouth withheld a noise warning letter from Vestas the manufacturer that the turbines generate 110 chest pounding decibels of noise. The letter was also withheld from voters in a 2013 vote to take down the turbines.

The August 2010 Vestas 110 decibels of chest pounding noise warning letter is the "Smoking Gun."

The Falmouth Select Board needs to post the Vestas noise warning letter along with maps, memos, and emails that have been made public in court proceedings.

It's time to put all the cards on the tables.

The Falmouth Zoning Board a semi-judicial board under Massachusetts state law found the town-owned wind turbines are a nuisance.

The Falmouth Select Board appoints the members of the Zoning Board. In June of 2017, Barnstable Superior Court agreed with the zoning board the turbines are a nuisance.

Selectboard Chairwoman Susan Moran Esq. said : “It's time to put the matter behind us and move forward.”

The Massachusetts Superior Court agreed with the Falmouth Zoning Board and shut down the turbines June 2017 four months ago.

The Motion to Intervene shows a group of Falmouth residents sat on the sidelines for almost four years thinking the courts would throw out the decision of the semi-judicial Falmouth Zoning Board of Appeals the turbines are a nuisance.

The expression "I'm going to take my ball and go home" when directed at an individual is used to illustrate the individual's immaturity when that person can't get his way.

The Motion to Intervene is a classic example of: "I'm going to take my ball and go home"