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Falmouth Veteran Files New Wind Turbine Complaint -Massachusetts

Officials Failed To inform Voters Prior To Construction They Had Camouflaged Documents Wind Turbines Generate 110 Decibels of Noise -- 2018

Barnstable Superior Court Judge Cornelius Moriarty agreed with the Falmouth Zoning Board issued the order to shut down Falmouth's Wind 1 and Wind 2 on June 21, 2017. The Falmouth Zoning Board determined the turbines are a nuisance. The Falmouth Select Board who filed the lawsuit against its own zoning board lost and voted not to appeal the court order.

On July 10, 2017, Susan Moran, the chairwoman of the Board of Selectmen, said: "It's time to put the matter behind us and move forward." .

On March 7, 2018, Susan Perez Executive Director of the Massachusetts Clean Water Trust at the meeting of trustees reported the town of Falmouth has notified her they will be sending a letter asking for guidance as to whether various proposals regarding Wind II, which was financed by the Trust, would qualify the project as an “energy efficient” project. Ms. Perez said she will update the board when she receives the letter.

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Where is the letter?

The question of if the money appropriated to build Falmouth Wind II with ARRA, American Recovery and Reinvestment Act of 2009 funds, was a loan or a grant remains unexplained to the public. Falmouth Town Meeting voted for the money for Falmouth Wind II at Falmouth Special Town Meeting June 9, 2009. The Massachusetts Clean Water Trust the week of Nov 26, 2015, notified town manager Julian M. Suso the Town of Falmouth borrowed $4,865,000 from the trust for the construction of Wind 2, the second of the town's two wind turbines.

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The Town of Falmouth Select Board approved $200,000.00 in February 2018 to conduct a study to reuse the Falmouth wind turbines. Town Attorney Frank Duffy in the "State of the Town: Falmouth Wind Turbine Update February 2018" said the wind turbines need to be moved where they can not be heard or seen.

The Town of Falmouth in April of 2018 hired an engineering consulting firm Weston & Sampson to study the wind turbines.

Where is the study? Are they going to spend another $200,000.00 on Falmouth Wind II?

The Massachusetts Public Records Law (Law), found at Chapter 66, Section 10 of the Massachusetts General Laws, applies to records made or received by a Massachusetts agency or municipality. Unless the requested records fall under an exemption to the Law, the responsive documents must be made available to a requester.

On June 1, 2018, the MIIA, Massachusetts Interlocal Insurance Association settled all the Falmouth nuisance lawsuits.

Falmouth resident Barry Funfar filed a complaint with the building commissioner June 25, 2018 regarding a requirement that Wind II be removed after 12 months of no operation. According to Falmouth's Wind Energy System Bylaw § 240-166 K (5) (a) [4]: "… Absent notice of a proposed date of decommissioning, the WES (Wind Energy System) shall be considered abandoned when the facility fails to operate for more than 12 consecutive months.

The Town of Falmouth in September of 2018 has not replied to the Barry Funfar complaint with the building commissioner June 25, 2018.

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