Falmouth -Turbine Special Permit - KEMA Study & ARRA Federal Funds

KEMA, Inc. & Ecology and Environment, Inc. funded by the Massachusetts Community Wind Collaborative of the Renewable Energy Trust wrote a detailed study that provided the Town of Falmouth with the technical, environmental, and financial information to move forward with commercial wind turbines in 2005.

The study by KEMA done in two parts April of 2005 and November of 2005 concluded the town needed Special Permits to install its megawatt wind turbines

The entire wind turbine health and financial fiasco can be placed on the individual or individuals who decided not to follow the special permit process.

No matter who made the decision to avoid the special permit process the Falmouth Town Charter sets the Select Board as the chief executives and policy making board of the town.
Who advised town officials to avoid the special permit process ?

Page 35 of the KEMA study clearly states a Special Permit is needed for the Town of Falmouth
Page 35 of PDF next :

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TOWN OF FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY

November 2005 Prepared by: KEMA, Inc. & Ecology and Environment, Inc.

Contacts: Chris Clark & Liz Hicks

KEMA

One Burlington Business Center
67 South Bedford Street Suite 201 E. Burlington, MA 01803

Funded by the Community Wind Collaborative of the Renewable Energy Trust

Executive Summary The purpose of the feasibility report is to:

1) confirm the feasibility of the project;

2) provide the Town of Falmouth with the technical, environmental, and financial information required to determine whether or not to proceed with the project;

and 3) identify general next steps for moving forward with development of the project.

In addition, information from the report will be used as the basis for presentation materials for community education workshops and related activities.

FALMOUTH COMMUNITY WIND PROJECT FEASIBILITY STUDY •

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

Issues considered in the process, include setback and noise.

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

Page 35 Special Permit Required To Build Falmouth Wind Turbines

http://www.falmouthmass.us/ene...

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Subject: ARRA Funds

In order to receive ARRA , American Recovery and Reinvestment Act of 2009 stimulus funds for Falmouth Wind II .The Town had to file for a waiver to the United States Environmental Protection Agency Region 1—New England.

In that application that was approved by the US EPA the Town of Falmouth provided this information :

“ The Town of Falmouth has adopted a local ordinance regulating large scale wind turbines. Zoning Article XXXIV, Chapter 240, Section 240–166 requires a Special Permit for windmills with minimum setback from property lines.”

THE TOWN OF FALMOUTH NEVER GOT A SPECIAL PERMIT FOR EITHER WIND TURBINE.

NOW THE QUESTION : WHY ARE FEDERAL OFFICIALS IGNORING THE LAW THE TOWN OF FALMOUTH NEVER APPLIED FOR A SPECIAL PERMIT !

Who advised town officials to avoid the special permit process in the federal EPA Project Waiver ?

WAS THE $4,865,000 A GRANT OR A LOAN ?

WHAT DID THE TOWN TELL TOWN MEETING MEMBERS ?

The Massachusetts Clean Water Trust (SRFProgram), dispersed to the Town of Falmouth loans totaling $4,865,000 to acquire and install Wind 2.

The original interest rate is 0%.

(SRFProgram) Clean Water State Revolving Fund Projects Receiving ARRA Subsidy

ENVIRONMENTAL PROTECTION AGENCY [FRL–9142–5] Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Falmouth, MA AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice. Page 22129 Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / NoticesSUMMARY: The EPA is hereby granting a waiver of the Buy America requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Town of Falmouth, Massachusetts for the purchase of a foreign manufactured wind turbine to be installed at its existing wastewater treatment facility site.
This is a project specific waiver and only applies to the use of the specified product for the ARRA project being proposed. Page 22130

Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Notices

half way down column # 1
“Based on information provided to the EPA, --------- the Town of Falmouth has taken the necessary steps to obtain all required local, state, and federal approvals to move forward with the proposed project. The Town of Falmouth has adopted a local ordinance regulating large scale wind turbines. According to the submittal, Zoning Article XXXIV, Chapter 240, Section 240–166 requires a Special Permit for windmills with minimum setback from property lines.”

http://www.gpo.gov/fdsys/pkg/FR-2010-04-27/pdf/2010-9751.pdf

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The Town of Falmouth was told by KEMA, Inc. & Ecology and Environment, Inc. they needed a Special Permit to install wind turbines .The Town of Falmouth made reference to the Special Permit 240 -166 in the federal EPA waiver application.

It's obvious the town did not file the Special Permit 240 166 because it would require additional studies, hearings and notifications to the neighbors of the turbines.

The Town of Falmouth has no defense for not filing Special Permit 240 166

General Electric a domestic company refused to build a single wind turbine in Falmouth. In order to get almost 5 million in stimulus funds to build Falmouth Wind II the town never told the federal government in the EPA waiver that GE refused to build a turbine because of setbacks. The KEMA study done in 2005 made reference to building a wind turbine and the town would require a special permit.

Since the enactment of ARRA the Massachusetts Clean Water State Revolving Fund
SRF programs have worked hard to fund important projects to buy domestic products. If foreign products are purchased for a project an EPA waiver is needed from the federal government.

The Town of Falmouth after the refusal of General Electric a domestic company who refused to build a single wind turbine due to setbacks went out and bought a larger louder foreign made wind turbine and made reference to Special Permit 240 166 in the EPA waiver but never filed for the permit.

What made the town go out and buy an even larger foreign made turbine ?

Why not a smaller wind turbine like the Massachusetts Maritime Academy which is almost one third the size of the two town owned turbines purchased ?

Was the one million dollars offered to the Town of Falmouth by the Massachusetts Clean Energy Center to purchase Falmouth Wind I from them the reason to ignore the Special Permit 240 166 process and take the health and property rights of up to 200 residential home owners ?

Is the town using the Massachusetts court system to cover up one million dollars from the Massachusetts Clean Energy Center and the 5 million dollar federal loan\grant on Falmouth Wind II.

The bottom line is the town should have filed Special Permit 240 -166 to build the turbines not build a path around the special permit process with litigation for the last 6 plus years