FALMOUTH: MASS AG - US DOJ- TAKE NOTICE ARRA WIND TURBINE LOAN/GRANT

GENERAL ELECTRIC A DOMESTIC WIND TURBINE COMPANY REFUSED TO BUILD A WIND TURBINE IN FALMOUTH BECAUSE OF RESIDENTIAL SETBACKS AND ICE THROW-

Falmouth Wind Turbines ARRA Stimulus Loan Misrepresentations

Falmouth Wind Turbine II Corruption Means, Motive, and Opportunity

Means is the ability of a defendant to commit the crime. A Vestas V -82 commercial 1.65 megawatt wind turbine is the means. Falmouth Wind Turbine II.

Motive is the reason the defendant committed the crime. Motive is the cause that moves people to induce certain actions such as Grants, American Recovery and Reinvestment Act of 2009 (ARRA) stimulus funds, a political agenda to advance a career in politics with financial rewards or simply working at a state agency being rewarded a job in the commercial wind industry.

Opportunity is whether the defendant had the chance to commit the crime. In this case the simple fact that it would be unlikely someone else would witness or stop them. For example a state agency with no legislative or judicial oversight along with elected and appointed political figures misleading or lying by omission to the public. Hiding documents, memos and letters that negatively influenced receiving 4.8 million dollars in federal stimulus funds.

Massachusetts would win the race to become the most corrupt state in the Union if our Attorney General or our United States Attorneys investigated the commercial wind turbine renewable energy programs. Our elected representatives are more interested in covering up investigations to protect their colleagues and friends.

Falmouth is ground zero for poorly placed wind turbines in the United States taking health and property rights for six years.

The Massachusetts Water Pollution Abatement Trust through the federal American Recovery and Reinvestment Act of 2009 (ARRA) stimulus funds provided the Town of Falmouth $4,865,000.00. The grant/loan of approximately five million dollars financed the construction of Falmouth Wind II commercial 1.65 megawatt wind turbine. The grant/loan to this day has never been made clear to the public.

Falmouth wind turbine II is the second of two foreign made Vestas V-82 type 1.65 megawatt turbines built in Falmouth. The first turbine is Falmouth Wind I.

The United States Department of Labor, Office of Inspector General (OIG) since its 1976 establishment has been at the forefront of the Nation's efforts to fight waste and fraud.

The Town of Falmouth has an obligation to pay back the federal government almost 5 milion dollars in stimulus funds for the purchase of a foreign made Vestas V 82 commercial 1.65 megawatt known as Falmouth Wind II .

In the Town of Falmouth prior to the installation of any commercial megawatt wind turbines a domestic wind turbine company, General Electric, refused to place a single 1.5 megawatt wind turbine.. The reason given was setbacks to residential property and ice throw to route 28 a nearby highway. The Massachusetts Technology Collaborative today known as the Massachusetts Clean Energy Center conducted acoustic noise tests for the placement of a General Electric 1.5 megawatt wind turbine which in a 2013 memo admitted were flawed.

The installation of the two town owned Vestas V 82 wind turbines happened from 2010 to 2012 after the refusal of the domestic wind turbine company General Electric refused to place wind turbines because of residential property and ice throw setbacks.

In order to receive the 5 million ARRA federal stimulus grant/loan the town had to file a federal EPA waiver to buy a foreign made wind turbine because there were no American made turbines available. In that waiver the town out of all their zoning bylaws and regulations made reference to a single bylaw. That bylaw is zoning bylaw 240-166. Bylaw 240-166 is a Special Permit to install wind turbines. The application implied to federal officials the town was going to use Special Permit 240-166 to build Falmouth Wind II.

A. The town never filed Special Permit 240-166 to build its wind turbines. The Massachusetts courts system has ruled the town had to file the Special Permit 240-166 prior to installation.

B. Since August of 2010 the Town of Falmouth hid a letter from Vestas wind company the manufacturer of the town owned turbines a warning that their turbines which includes Falmouth Wind II were twice as loud as the General Electric domestic wind turbines.

C. The filing of Special Permit 240-166 would have required additional wind turbine noise studies and abutter notifications the result of which would have been the turbines would never have been built.

D. In boiler plate noise studies done by the Massachusetts Technology Collaborative today known as the Massachusetts Clean Energy Center for several years prior to the Falmouth wind installations made reference to two distinct types of wind turbine noise : "Regulatory" measured in decibels and "Human Annoyance" today known as infra sound. The reference to two distinct types of noise was dropped from any and all wind studies done in Falmouth. The neighbors to the turbines were denied the warning.

E. The Town of Falmouth was aware in a memo from the Massachusetts Clean Energy Center in 2013 that the original noise tests using the General Electric wind turbine has flawed acoustic noise tests and the town had in its possesion a letter from Vestas in 2010 that the Falmouth Wind II turbine installed with federal ARRA funds was twice as loud. Again the neighbors to the turbines were denied another noise warning.

F. The Town of Falmouth now claims after hiding wind turbine letters, documents, memos, negative information and not filing Special Permit 240-166 because it would have required additional abutter notifications they qualify for the Doctrine of Latches. A legal term that bars the wind turbine victims of Falmouth Wind II because they waited to long to seek relief from Falmouth Wind II. This doctrine is based on the idea that the courts should not aid those who take an inordinate amount of time to raise their claims. Keep in mind the MassCEC dropped the warnings to two distinct types of noise prior to the installations.

The Town of Falmouth and many of its residents derive an income from grants and awards given to an area of Woods Hole in Falmouth. Many of the residents who work for these groups are elected and appointed officials on local boards of the Town of Falmouth. The Massachusetts Clean Energy Center is the common denominator in building Falmouth Wind II and awarding grants to the Falmouth community dependant on those grants.

Massachusetts for ten years has dozens of high level Massachusetts politicians enjoying immunity for corruption, bribery, and racketeering trials of various legislators.

The Massachusetts Attorney General and United States Attorney need to look into the Falmouth wind turbine health and finacial fiasco.

In addition how did the Town of Falmouth get an ARRA stimulus loan from the federal government to buy an unsafe foreign made wind turbine ?

Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.

Maura Healey is an advocate and resource for the Commonwealth and its residents in many areas, including protecting consumers, combating fraud and corruption and protecting civil rights.

Office locations : New Bedford: 105 William Street, First Floor, New Bedford, MA 02740-6257, Telephone: (508) 990-9700
Boston: One Ashburton Place, Boston, MA 02108-1518, Phone: (617) 727-2200

United States Attorney for the district of Massachusetts is Carmen Ortiz.Ms. Ortiz has overseen the criminal prosecution of corrupt Massachusetts Speaker of the House Sal DiMasi.

Office location : Boston, John Joseph Moakley United States Federal Courthouse, 1 Courthouse Way, Suite 9200, Boston, MA 02210, (617) 748-3100

See references :
http://masscases.com/cases/sjc/446/446mass188.html