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Falmouth Massachusetts Wind Turbine Removal Bylaw 150 Days
Falmouth Selectboard owners of wind turbines voted not to appeal lawsuit. Chairwoman Susan Moran said time to put the matter behind us.
TOWN OF FALMOUTH BOARD OF SELECTMEN AGENDA MONDAY, OCTOBER 16, 2017 – 6:30 P.M.
SELECTMEN’S MEETING ROOM 6:30 p.m.
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OPEN SESSION 6:30 p.m.
EXECUTIVE SESSION 1. M.G.L. c.30A s.21(a)(3) – Discuss resolution of all turbine litigation
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Falmouth Select Board Members : Susan L. Moran, Chairman. Megan English Braga, Vice Chairman. Doug Jones. Samuel H. Patterson. Douglas C. Brown.
The Falmouth Board of Selectmen voted Monday night July 10, 2017 not to appeal a judge’s decision ordering the shutdown of the town’s two massive wind turbines.
“It’s time to put the matter behind us and move forward,” board Chairwoman Susan Moran said. Chairwoman Susan Moran is also an attorney.
Barnstable Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth’s Wind 1 and Wind 2 on June 21, 2017. The Massachusetts court judge agreed with the Falmouth Zoning Board the 110-decibel wind turbines are a nuisance.
Falmouth wind turbine removal bylaw
Wind Energy Systems Removal
5) [Added ATM 4-8-2013, Art. 7, approved 7-9-2013[1]]
Article XXXIV:
Abandonment or decommissioning.
(a)
Removal requirements: Any WES which has reached the end of its useful life or has been abandoned shall be removed. For a scheduled decommissioning, the owner shall notify the SPGA by certified mail of the proposed date of discontinued operations and plans for removal. The owner shall physically remove the WES no more than 150 days after the date of discontinued operations. Decommissioning shall consist of:
[1]
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with local and state regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize erosion. The SPGA may allow the owner to leave below-grade foundations in place in order to minimize disruption.
[4]
Abandonment: Absent notice of a proposed date of decommissioning, the WES shall be considered abandoned when the facility fails to operate for more than 12 consecutive months.
[5]
Prior to declaring the WES to be abandoned, the SPGA shall notify the owner by certified mail that corrective action must be taken. The owner shall have 30 days to respond and provide a schedule for corrective action.
