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Falmouth Massachusetts Wind Turbines Abandoned 3 Years

Zoning Bylaw Abandonment: Absent notice of a proposed date of decommissioning

Future of Old Falmouth Wind Turbines
Future of Old Falmouth Wind Turbines (Image Credit; SPOONER )

Massachusetts Appeals Court upheld the Falmouth wind turbine decision the wind turbine facility is a nuisance and ordered that they be permanently shut down in June 2017.

Wind turbines cause adverse human health effects that have been ascribed to the proximity of wind turbines.

Case studies catalogued complaints of annoyance, reduced quality of life, and health effects associated with wind turbines, such as sleeplessness and headaches.

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The noise emissions of turbines disturbed the sleep and caused daytime sleepiness and impaired mental health in residents living within short distances.

Proponents have claimed that from lack of sleep and impaired immune systems these effects include, congenital abnormality, and even cancer.

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Town of Falmouth: Article XXXIVWind Energy Systems

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.

(6) Financial surety: The SPGA shall require the applicant for any LWES to provide surety, either as a bond or escrow account, to cover the cost of removal in the event the Town must remove the WES together with a right-of-entry onto the property in the event of default. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall be adjusted for inflation.

(7) Public inquiries/complaints: The applicant shall identify a responsible person and contact phone number in the event of public inquiries or complaints, for as long as the WES is in place. Complaints that cannot be resolved by the parties shall be forwarded to the Building Commissioner, with a copy to the SPGA, by the responsible person identified above.

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