Falmouth Wind I and II Smoking Gun Document April 19, 2005

Falmouth Wind I and II Smoking Gun Document April 19, 2005

Falmouth Wind 1 KEMA Special Permit April 19, 2005. The April 19 report is part one of the KEMA report. Part two was published November 2005. Most people have never heard of or read part one.

The Town of Falmouth understood the risk of going forward with NO Special Permit for Falmouth Wind 1.

KEMA provided a feasibility study for the Town of Falmouth.

Falmouth Community Wind Project Site Screening Report

Apr 19, 2005 – FALMOUTH SITE SCREENING REPORT

This report was prepared by KEMA ECOLOGY AND ENVIRONMENT, INC and funded by the Massachusetts Technology Collaborative aka today the Massachusetts Clean Energy Center

April 19 ,2005 Site Screening Page 28-- Falmouth Wind 1 needs a Special Permit

Click here to read page 28
https://www.dropbox.com/s/4cvi5tu6i7yww7a/2005%20April%20KEMA-MTC%20Falmouth_Site_Screening_Study.pdf?dl=0

2005 April KEMA-MTC Falmouth_Site_Screening_Study.pdfDropbox


Page 28 --A Special Permit is required

The date of the report April 19, 2005

The report says page 28 a Special permit is needed . Falmouth Wind 1 Turbine

Falmouth Community Wind Project Site Screening Report April 19,2005

The date is important for this report April 19,2005

Page 28 of the April 19, 2005 site review says : 6.2.2 a special permit is needed for the wind turbine

A major goal of the majority of feasibility studies including KEMA’s was to establish very clearly what permitting hurdles there were, and what zoning changes might be required easements or variances needed or deeds to be checked. The research can be quite thorough.

Again the KEMA report said : A Special Permit is needed for Falmouth Wind 1

We also know that from a letter released through the FOIA, Freedom of information Act that all those involved with the construction of Falmouth Wind 1 were well aware the turbine would break state noise regulations hence the reason for not obtaining a Special Permit. ( The Vestas Noise Warning Letter )

Noise impacts were well know in 2005 -Mattapoisett residents had been warned in their feasibility study about two distinct types of noise. The warning about the two distinct types of noise "regulatory" and "human annoyance" were dropped from the Falmouth studies because the Massachusetts Clean Energy Center was stuck with two Vestas V 82 commercial wind turbines.

Falmouth residents never were warned about the two distinct types of noise

Falmouth went for the bait and got hooked the rest is history. A history with NO Special Permit !

If the decision had not been made to forego the Special Permit process in Falmouth , and along with it detailed analysis of acoustic and shadow flicker impacts, there is a good probability that what had been learned in the meantime could have avoided the multi-million dollar mistake Falmouth now needs to rectify.

The Special Permit process would have questioned the appropriateness of the Vestas V 82 turbine model selected. The Falmouth April 19, 2005 Site Screening Report clearly on page 28 says a Special Permit is needed. The EPA waiver for Falmouth Wind II said the town was going to file a Special Permit

All of the Energy Committee knew in March of 2005 they needed a Special Permit they all read the draft of the April 19, 2005 site screening report that a Special Permit was required

Energy Committee Minutes for: 03-28-2005

Monday, March 28, 2005 10:00 Meeting in Selectmen Room, Town Hall, Falmouth, to discuss the KEMA draft site screening report of March 2.

John Abe presented the summary of the report, the first of the two-part feasibility study of utilizing the wind at the wastewater treatment plant, and asked for comments and questions about what Falmouth wants for the final report.

At the end of the meeting he asked for all our comments to be sent to him by next week, Friday (Apr 8) ; he will then submit an outline for the feasibility study and a timeline for further discussion from the town and for involving the community.

Meeting was attended by:
John Abe, KEMA, Inc, Author of the Site Screening Report (Feasibility Study)
Dick Elrick, Massachusetts Technology Collaborative, Sponsor of the Feasibility Study
George Calise, Engineer for the Town of Falmouth
Ahmed Mustafa, Chair, Falmouth Selectmen
Kevin Murphy, Falmouth Selectmen
Bob Whritenour, Falmouth Town Administrator
Megan Amsler. Co-Chair, Falmouth Energy Committee
Joan Muller, Co-Chair, Falmouth Energy Committee
Ursula Boyce, Falmouth Energy Committee
Joe Hackler, Falmouth Energy Committee Advisor
Dick Koehler, Falmouth Energy Committee Advisor

Falmouth took a gamble and lost. The town lost the health and property rights of its citizens and misused public funds to use the tie up the Massachusetts Court System to achieve a renewable energy goal that deprives citizens constitutional rights. 

Note # Town of Falmouth filed a federal EPA waiver for a 6 million dollar loan on Falmouth Wind II saying they were going file a Special Permit 240 166 because of the April 19 ,2005 KEMA report stating on page 29 a Special Permit is needed :

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 / Notices

SUMMARY: 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