Neighbor News
Falmouth Select Board Deals Wind Turbine Permit Fatal Flaw
Falmouth Select Board has ignored the Zoning Board of Appeals as it views the board as an impediment to the operation of wind turbines 24/7
Permits and development laws are complex because of legal or jurisdictional constraints.
The ZBA, Zoning Board of Appeals a semi-judicial town board makes the final decisions on permits.
For the last five months the Falmouth Zoning Board of Appeals has been in the process of reviewing an application by the Town of Falmouth for a permit for Falmouth wind turbine number one. The final meeting of the ZBA will be Saturday, March 5, at Falmouth Town Hall.
The Massachusetts Court of Appeals ruled Falmouth Wind 1 was illegally installed.
The Falmouth ZBA has to consider safety, health and declining property values due to a noise from the wind turbines described as torture. The home owners are the original stake holders many of whom lived for years with no problems prior to the placement of “megawatt” wind turbines.
Over 47 local residents originally filed certified written noise complaints against Falmouth Wind 1. There are approximately 200 residential homes with thousands of feet of Falmouth Wind 1 and 2 the two town owned turbines.
The Town of Falmouth has been following the agenda of a group called the Friends of Falmouth Wind a clandestine group of public officials and private residents that advocate the operation of the turbines 24/7 despite the health and safety of a few hundred people.
Falmouth has also spent millions on litigation fees hiring law firms to defend the illegally placed wind turbines at taxpayer expense.
The Massachusetts Clean Energy Center spent 5.2 million to buy two individual megawatt wind turbines in 2004. The 1.65 megawatt turbines are Vestas V 82 type with a price tag of 2.6 million each in 2004. The litigation fees over 6 years have exceeded the original purchase price.
The health problems and litigation fees paint a poor picture for safe renewable energy from megawatt turbines near residential homes.
The town has reached a point where its not clear whose advice they are following.
Last Thursday night February 11, 2016 Select Board Members Doug Jones, Susan L. Moran, Mary Pat Flynn, Rebecca Moffitt and Samuel H. Patterson met to approve the articles of the April 2016 Town Warrant. The board had questions about multiple articles but raised no questions over Article 27 and approved the town warrant.
A link to the warrant : http://www.falmouthmass.us/clerk/ATM40416.pdf
“ARTICLE 27: To see if the Town will vote to advise the Board of Selectmen to take all necessary legal actions and measures by no later than December 31, 2016 to remove any and all impediments to fulltime operation of the Town’s municipal wind turbines per the manufacturer’s specifications at its Wastewater Treatment Facility located at 154 Blacksmith Shop Road, West Falmouth, MA. Or do or take any other action on the matter. On petition of Ronald D. Zweig and others.”
The question now is what does “ to remove any and all impediments “ mean to the Falmouth Zoning Board of Appeals who are still considering a permit for Falmouth Wind 1.
Article 27 if passed at Falmouth Town Meeting would result in diminution in value of around 200 residential homes around the wind turbines. Diminution in value is a legal term used when calculating damages for property value loss. For example if the Town of Falmouth spent the next eight years trying to take residential homes by eminent domain the surrounding homes would also suffer a loss because they are in the wind turbine model of 200 homes.
The Falmouth Zoning Board of Appeals is no longer taking written documentation for the final permit Falmouth Wind 1 meeting March 5.
It remains unclear why the Falmouth Select Board never questioned Article 27 and will it interfere with the decision of the Zoning Board of Appeals. In my opinion, the Falmouth Select Board has ignored the Zoning Board of Appeals as it views the board as an impediment to the operation of the wind turbines 24/7.
The question for attorneys and law firms representing the Town of Falmouth now is has the association of town officials with the “Friends of Falmouth Wind” made the town a dangerous legal client.
Whose advice is the Town of Falmouth following at taxpayers expense ?
