Falmouth Taxpayers Face Massive Liability Over Wind Turbines

Falmouth Taxpayers Face Massive Liability Over Wind Turbines

The Falmouth Energy Committee knew in 2005 five years before the installation they needed a Special Permit

Falmouth taxpayers soaked and hung out to dry !

In 2005 the Falmouth Energy Committee put together a screening report dated April 19, 2005. In section 6.2.2 the section clearly states the town code requires a special permit. Two paragraphs before section 6.2.2 it says the committee checked with the Cape Cod Commission.

On page Page 23 of the model bylaws for wind turbines “ Cape Cod Commission Cape Light Compact Model Bylaw for Land-based Wind Energy Conversion Facilities” it says towns need a special permit.

The Cape Cod Commission document even says the Zoning Board of Appeals should be the SPGA , Special Permit Granting Authority !

The Falmouth Energy Committee authored the April 19, 2005 Falmouth site screening report. They knew in 2005 they needed a special permit. The Falmouth Select Board was also aware the town needed a special permit they appointed all the people to the Falmouth Energy Committee.

A wind turbine feasibility study done for the Town of Falmouth dated November 2005 shows 99 homes that would be affected by Falmouth Wind 1 and identifies those homes by streets.

The Massachusetts Clean Energy Center deleted noise warnings about “ human annoyannce” found in all other boiler plate wind studies prior to the Falmouth wind study . Mattapoisett residents had great concerns about what “ human annoyannce” was. Today we know it is infra-sound or what is called low frequency noise. Falmouth residents were denied the “human annoyance” warning !

Vestas wind company wind company warned the town by letter prior to the installations the turbine generates 110 decibels of noise almost twice the original specifications of the turbine. The 110 decibels is equal to a hard rock band playing outdoors 24/7.

The Massachusetts Clean Energy Center in an April 2003 memo to the town admitted it made mistakes during wind tests prior to installation.

Nils Bolgen the wind turbine director at the Massachusetts Clean Energy Center in June of 2013 in a press release said the Falmouth Wind 1 turbines was built “ Ad Hoc”

The Town of Falmouth knowing all this information made its own citizens file elaborate certified written noise complaint forms to single out and disgrace anyone making complaints. The town continued to take the health and property rights of these citizens knowing for years they needed a special permit and knew they would never get a special permit because of the noise warnings. They knew the turbine generates 110 decibels of noise equal to a hard rock band !

The town knowingly took the health and property rights of up to 200 residential home owners with NO compensation to go into the commercial wind turbine business.

Here is the most recent documentation :

TOWN OF FALMOUTH COMMUNITY WIND PROJECT SITE SCREENING REPORT April 19, 2005 Prepared by: KEMA & Ecology and Environment, Inc

KEMA would also like to thank, the Town of Falmouth, its staff, and its Energy Committee for their support during the preparation of this report.

Page 28

The Cape Cod Commission website was reviewed to determine consistency with Cape Cod Commission Planning. The website includes a joint publication by the Cape Cod Commission and Cape Light Compact, June 2004 Assessment of Distributed Generation Technology, as well as a model bylaw for land-based wind energy facilities. The study includes an assessment of current technology for land-based generation facilities and a discussion of permitting and siting issues that should be addressed by a bylaw. Siting issues include shadow and flicker for properties nearby, lighting (related to FAA requirements), wetlands and rare species habitat, noise, avian impacts, and visual impacts. Visual impacts were noted as the primary concern for siting wind projects on the Cape.
In general, this project is anticipated to be consistent with the Town of Falmouth and Cape Cod Commission plans.

6.2.2 Town Code
The recommended location is on land Zoned as Public Use. A Special Use Permit is required for construction and operation of windmills in the Town of Falmouth.

Cape Cod Commission Cape Light Compact Model Bylaw for Land-based Wind Energy Conversion Facilities

http://www.capecodcommission.org/resources/bylaws/ModelWindBylaw.pdf

Page 23 of 41 :
09.0 Term of Special Permit

A Special Permit issued for any wind energy conversion facility shall be valid for 25 years, unless extended or renewed.
The time period may be extended or the Special Permit may be renewed upon satisfactory operation of the facility. At the end of that time period, the wind energy conversion facility shall be removed by the applicant.

Commentary: As discussed earlier, the design life of a turbine is approximately 20 years, but may be longer for more modern machines. The bylaw recommends that the initial Special Permit be valid for a minimum of 25 years. As the technology is rapidly changing, newer turbines and rotor designs that upgrade the equipment or improve efficiency may be desirable. The bylaw allows extension of the permit if the facility is operating satisfactorily and changes in the turbine design could be accommodated through the modification process currently applicable to all Special Permits

10.0 Application Procedures

10.1 Special Permit Granting Authority (SPGA) The SPGA for wind energy conversion facilities shall be the Planning Board. Commentary: Towns have different preferences for SPGAs. The model bylaw recommends that the Planning Board (PB) serve as the Special Permit Granting Authority for wind energy conversion facilities. Towns may choose instead to have the Zoning Board of Appeals serve as the SPGA.

“A Special Use Permit is required for construction and operation of windmills in the Town of Falmouth.”

FALMOUTH COMMUNITY WIND PROJECT SITE SCREENING REPORT KEMA Inc.Page 28 April 19, 2005


Section :

6.2.2 Town Code The recommended location is on land Zoned as Public Use.

A Special Use Permit is required for construction and operation of windmills in the Town of Falmouth.

A petitioner may apply for a special use permit provided they meet the requirements of ARTICLE XXXIV, Windmills § 240- 166 of the Town Code.

Issues will be considered in the process, include setback and noise distance.

The special permit requires a setback from the property line of at least the distance from the base of the turbine to the highest tip of the turbine plus 10 feet.

It also includes a rebuttable presumption that noise from the windmill in excess of 40 dBa, as measured at the property line, shall not be excessive.

The requirements also require that the turbine is protected from unlawful access and requires underground wiring.

The special permit also expressed concern with prop and ice throw and communications interference.

Based on our preliminary project assessment, the recommended location should be able to satisfy these requirements and no overly contentious permitting issues have been identified.

KEMA Inc.Page 28 April 19, 2005

FALMOUTH COMMUNITY WIND PROJECT SITE SCREENING REPORT

Also another observation and reading of this section also needs review : The section 6.2.2 appears to contain an error as written, “It also includes an arguable presumption that noise from the windmill in excess of 40 dBa, as measured at the property line, shall not be excessive.”

This would suggest that noise at ANY level over 40 dBA (say 70 dBA, or 110 dBA) would not be excessive which is clearly not a rational stance. How many “mistakes” were made ? 

The bottom line : How much irrefutable proof do you need to see the obfuscation, so called mistakes and ommision of negative information. Falmouth taxpayers owe a large debt to the wind turbine victims