Falmouth Faulty Legal Advice Wind Turbine- Health -Financial Fiasco

Massachusetts
Falmouth getting faulty legal advice on turbine

Source: OPINION

http://www.capecodtimes.com/article/20151003/OPINION/151009932

Bad legal advice to the town of Falmouth seems to have led it from the frying pan into the fire with the long-running wind turbine fiasco.

It’s now painfully obvious the town’s legal advisers were asleep at the switch when Falmouth pressed ahead with a massive wind generating project without going through the proper zoning and permitting procedures. If it had actually followed its own rules with the same due process it implores residents to follow on a regular basis, the current impasse with neighboring property owners over the turbine’s ill effects might have been avoided altogether.

That was mistake No. 1 — clearly, a whopper that placed the municipality in the frying pan.

And here comes mistake No. 2: Falmouth municipal officials are again acting on bad legal advice by proposing a zoning bylaw exemption for town-owned wind turbines in a special town meeting on Nov. 10.

The town manager now appears convinced that a major town screw up can be easily fixed by passing a new zoning bylaw.

Unfortunately, it’s not that simple. Spot zoning is not consistent with the U.S. Constitution.

Perhaps Falmouth’s town counsel would be wise to familiarize himself with the following paper on spot zoning before pushing the town into yet another firestorm of legal troubles: http://tinyurl.com/q77eqm3

Truncated click link to keep reading

https://www.wind-watch.org/news/2015/10/03/falmouth-getting-faulty-legal-advice-on-turbine/

September 2015 : Wind Turbine Victms Defense

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

Zoning Board Of Appeals September 17, 2015 Part 1
http://www.fctv.org/v3/vod/zoning-board-appeals-september-17-2015-part-1

Zoning Board Of Appeals September 17, 2015 Part 2
http://www.fctv.org/v3/vod/zoning-board-appeals-september-17-2015-part-2

October 2015 : Select Board Reaction To Wind Turbine Victms

WARRANT FOR THE NOVEMBER SPECIAL TOWN MEETING
TUESDAY, NOVEMBER 10, 2015 AT 7:00 p.m.

http://www.falmouthmass.us/clerk/111015stm.pdf

For action on articles in the Warrant

COMMONWEALTH OF MASSACHUSETTS

Barnstable, SS To either of the constables of the Town of Falmouth, in said county:

In the name of the Commonwealth of Massachusetts you are directed to notify and summon the inhabitants of the Town of Falmouth qualified to vote in Town Affairs to meet at the Memorial Auditorium, Lawrence School, Falmouth, Tuesday, November 10, 2015 at 7:00 p.m. for the purpose of acting on the articles contained in the following warrant:

ARTICLE 1: To see if the Town will appropriate a sum of money to the Energy Receipts Reserved for Appropriation account for further appropriation, and to determine how the same shall be raised, or do or take any other action on the matter. On request of the Board of Selectmen.

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.

ARTICLE 3: To see if the town will vote to amend Chapter 240 – Zoning – of the Code of Falmouth by adding the following to Article XXXIV (34) Wind Energy Systems:

240-166.D (2) Any Wind Energy System owned by the Town of Falmouth and used for municipal purposes, in existence as of the date of this bylaw, shall be exempt from the provisions of this Article, pursuant to Section 240-30 .B. and may be allowed to operate as a matter of right in public use districts. Or do or take any other action on this matter. On request of the Board of Selectmen.