Falmouth Ma. Wind Turbine II Time To Blow Whistle ARRA Funds

Falmouth Wind Turbine II State SRF Loan Set To Face Scrutiny

In order to receive ARRA, American Recovery and Reinvestment Act of 2009 stimulus funds for Falmouth Wind II the town had to file for a Federal EPA waiver to buy a foreign made Vestas V-82 wind turbine to the United States Environmental Protection Agency Region 1—New England.

Environmental Protection Agency (EPA). ACTION: Notice.
Page 22129
Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010

In that application that was approved by the United States EPA the Town of Falmouth provided this information :

" The Town of Falmouth has adopted a local ordinance regulating large scale wind turbines. Zoning Article XXXIV, Chapter 240, Section 240–166 requires a Special Permit for windmills with minimum setback from property lines."

The Massachusetts Clean Water Trust (SRF, State Revolving Fund Program), dispersed to the Town of Falmouth loans totalling $4,865,000 to acquire and install Wind 2.

The Town of Falmouth has hundreds of building and zoning regulation and chose one article to be included in the federal EPA permit to get a five million dollar grant to build Falmouth Wind II. That bylaw is Special Permit 240-166. This is significant as it leads federal officials or anyone else for that matter to believe the town was going to file the permit. Why else was it in the waiver and no other bylaws or regulations.

The town took the 5 million but never filed the Special Permit 240-166 to build the wind turbine which required additional abutter notifications and hearings through the Falmouth Zoning Board of Appeals.

As a result of the lack of permit and health issues around the turbines the Massachusetts courts have found the turbine a nuisance.

ARRA funds are not available if they pose a risk to the public interest in areas ranging from consumer safety and environmental damage.

The Town of Falmouth had been warned prior to the construction of Falmouth Wind II that the turbines generate 110 decibels of noise raising levels to unhealthy levels in nearby residential homes. The town has a map from KEMA Inc from the year 2005 that showed the foreign made Vestas V-82 commercial type 1.65 turbine was far too loud most likely why the town ignored the Special Permit process.

The courts shut down both turbines in June of 2017.

The Town of Falmouth now plans to take down Falmouth Wind II and move it transferring the loan/grant to the new location near a privately owned wind turbine the same size. This will create a decibel increase between the two turbines of unknown magnitude.

The Massachusetts Clean Water Trust has been asked for advice as they gave the original loan to the Town of Falmouth.

The question for the Massachusetts Clean Water Trust is should they go back to the United States Environmental Protection Agency Region 1 and have them review the EPA waiver to allow the ARRA, stimulus funds to be given to the Town of Falmouth who never disclosed the turbines generate 110 decibels of noise.
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Falmouth Select Board Member Doug Jones brought up the 5 million dollars loan/grant at the town wind turbine meeting October 15, 2018. You can see his comment 38 minutes into the video:

Select Board Member Doug Jones; "Second point to make is if we relocate Wind II the likelihood that our 5 million dollar grant stays as a grant is very high as opposed to it turning into a loan that we have to repay. So there is also that additional 5 million dollar that does enter into the calculations of what we do with Wind II."

Video --Report of Weston & Sampson to Falmouth Select Board Wind Turbine II Relocation Oct 15, 2018 - Watch the Show At this link or the bottom of the page
https://www.youtube.com/watch?v=Sb7Cw1I5mtI

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The following is the correspondence between the Massachusetts Clean Water Trust and the Town of Falmouth over the 5 million dollars :
MEETING OF THE MASSACHUSETTS CLEAN WATER TRUST BOARD OF TRUSTEES

Sue Perez, Executive Director of the Trust

March 7, 2018 1:30 PM

3 Center Plaza, Suite 430 Boston, Massachusetts

MINUTES:
Ms. Perez reported the town of Falmouth has notified her they will be sending a letter asking for guidance as to whether various proposals regarding Wind II, which was financed by the Trust, would qualify the project as an "energy efficient" project.

Ms. Perez said she will update the board when she receives the letter.
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Minutes Executive Committee Meeting Massachusetts Clean Water Trust
Sue Perez, Executive Director of the Trust

May 23, 2018 1:30 p.m.
State House, Room 327

1. Falmouth Wind Turbine: Ms. Perez reported on the receipt of a letter from the Town of Falmouth regarding their Wind 2 turbine. The Turbine has not been in operation since June of 2017, when a judge ordered the Town to cease and desist operation. The Town is exploring selling the Wind
2. Falmouth would like to know if the Turbine commenced operation again, would this meet the terms and conditions to receive loan forgiveness under Project Regulatory Agreement?

The committee was unable to determine if this would be possible without more information about the sale and eventual operation of Wind 2. The Trust will respond with a letter asking for more information.