Falmouth Turbine Friends File NO Appeal To SJC

Barnstable Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth's nuisance Wind 1 and Wind 2 on June 20, 2017.

After the June 2017 court ruling a local citizens group, Friends of Falmouth Wind, filed a motion in November 2017 to intervene in the case in Barnstable Superior Court to keep the turbines spinning.

The Massachusetts Appeals Court panel of three judges at the beginning of November 2018 dismissed the motion to appeal.

The Friends of Falmouth Wind had the option to petition the Supreme Judicial Court for further appellate review as of December 4, 2018. No appeal was filed the case is closed.

The Friends of Falmouth Wind is made up of local town politicians and a group of Hatchville residents.

The court rule rather than getting buried in competing opinions over whether the turbines exceeded permitted noise levels, the judge insisted that “nuisance is not defined in the zoning bylaw by any numerical standard.” The standard, he wrote, “is what ordinary people, acting reasonably, have a right to demand in the way of health and comfort under all the circumstances.”

Judge Moriarty reminded the Town of Falmouth that others suffer the same situation

Town of Falmouth, Massachusetts Chapter 240 Section 110

Nuisances: No use shall be permitted which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or be hazardous to the community on account of fire or explosion or any other cause. No permit shall be granted for any use which would prove injurious to the safety or welfare of the neighborhood into which it proposes to go, and destructive of property values, because of any excessive nuisance qualities.

The Town of Falmouth is planning to remove Falmouth Wind I and move Falmouth Wind II to a new location.

An acoustic expert has warned the town in writing the 110-decibel wind turbine needs a 2923 foot setback from residential property.

Falmouth Town Meeting Members have been allocating up to $260,000.00 biannually for wind turbine litigation for the last eight years.

The Town of Falmouth continues to hide the August 2010 noise warning letter from Vestas wind company.

August 3, 2010 Contract No. #3297

RE: Falmouth WWTF Wind Energy Facility II "Wind II", Falmouth, MA

The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances.

Time to stop the insanity release the Vestas 110 decibel warning letter to the public.