Falmouth Wind Turbine 1 ZBA Defective Permit Meeting 8/20/15

Falmouth Wind Turbine 1 Defective Permit Meeting 8/20/15

Zoning is in place to protect the safety and health of neighborhoods from the construction of buildings or structures that do not fit into the context of a neighborhood.

These structures may bring additional traffic, noise or pollution, or they may be constructed at a height that does not work for the neighborhood.

The Falmouth Zoning Board of Appeals is governed by Massachusetts state law Chapter 40 Section 12.

The board of appeals shall adopt rules, not inconsistent with the provisions of the zoning ordinance or by-law for the conduct of its business.

The Falmouth ZBA is conducting an unannounced letter writing campaign those in town in favor or not in favor of a ceast and desist order for the Falmouth Wind 1 turbine. The minutes to the last meeting reveal the board accepted correspondence 43 letters in opposition to the appeal, 1 letter in support.

The Falmouth ZBA is a semi judicial board that is deciding on the defective wind turbine permit issued for Falmouth Wind 1. It is unclear why the board is accepting a letter writing campaign for and against the defective permit and was a public request made for the referendum.

It is also unclear who and how the ZBA is being directed.

The Town of Falmouth did not act in good faith avoiding Special Permit 240-166.

The town is and was always aware that applying for Special Permit 240-166 would require additional notifications and wind studies. Commercial wind turbines in the megawatt class should never have been built in Falmouth. The town was keenly aware of the facts.

In the 2005 April 19, 2005 Falmout Site Screening Report Section 6.2.2 : “ A Special Use Permit is required for construction and operation of windmills in the Town of Falmouth. “ In addition just prior to the Specil Permit section there a reference to the Cape Cod Commission Model Bylaws for wind turbines which says the ZBA should be the town agency that issues the special permit and all towns require a “special permit” for wind turbines.

https://www.dropbox.com/s/4cvi5tu6i7yww7a/2005%20April%20KEMA-MTC%20Falmouth_Site_Screening_Study.pdf?dl=0

General Electric refused to build a commercial megawatt turbine in the same location because of setbacks.

Prior to the Falmouth wind turbine study all other town sites contained a noise warning about “regulatory noise” and “human annoyance.” The warning to “human annoyance” was dropped from the Falmouth noise study. We know today the reference is to infra sound or what is called low frequency sound.

Nils Bolgen the wind director at the Massachusetts Clean Energy Center admitted the turbine was placed “Ad Hoc.”

In April of 2003 the Massachusetts Clean Energy Center in an effort to CYA sent the Town of Falmouth a memo that they made mistakes in the noise tests for Falmouth Wind 1. They also were the semi-quasi state agency that dropped the reference to “ human annoyance.” A little late for the wind turbine victims but they got rid of the politically embarrassing turbine.

The Town of Falmouth hid the noise warning letter below from Vestas wind company from the general public for the last five years. The town always knew the turbines generate 110 decibels of noise almost twice the specifications. Many call this the “Smoking Gun” letter.

http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.VdEcw_lViko

WasteWater Superintendent
Town of Falmouth Public Works
59 Town Hall Square
Falmouth, MA 02540

RE: Falmouth WWTF Wind Energy Facility II “Wind II”, Falmouth, MA
Contract No. #3297

Dear Mr. Potamis,

“Due to the sound concerns regarding the first wind turbine installed at the wastewater treatment facility, the manufacturer of the turbines, Vestas, is keen for the Town of Falmouth to understand the possible noise and other risks associated with the installation of the second wind turbine. “

“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. These measurements are based on IEC standards for sound measurement which is calculated at a height of 10m above of the base of the turbine.”

Folks, The evidence is clear. The Massachusetts Technology Collaborative now the Massachusetts Clean Energy Center was the origial owner of Falmouth Wind 1. A Vestas V-82 1.65 megawatt wind turbine. They were stuck with the turbine costing them $3300.00 a month in storage fees. They couldn’t sell the turbine even at auction. It was a political embarrassment.

The Massachusetts Technology Collaborative now the Massachusetts Clean Energy Center bribed the Town of Falmouth with one million dollars to take the politically embarrassing turbine off their hands.

The rest is history. Massachusetts has a colorful history of corruption capers.Falmouth Wind 1 is a chapter in corruption. Massachusetts is a pretty corrupt place . Former Speaker of the House Sal DiMasi and father of the Massachusetts Green Commuity Act is serving 8 years in federal jail.

Former Governor Patrick used the fake name “Sally Reynolds” in emails to wind turbine contractors.

The taxpayers of Falmouth have to understand the evidence overwhemingly points to greed and corruption. All those invloved in the installation of Falmouth Wind 1 were aware the turbine was too loud.

The Zoning Board of Appeals Hearing

http://www.falmouthmass.us/agenda.php?depkey=zone&number=7464

Zoning Board of Appeals Agenda

Zoning Board of Appeals Agenda for: 08-20-2015
Hard to read? Click here to view Agenda alone. (Opens in a new window)

Town of Falmouth
Zoning Board of Appeals
__________________________________

59 TOWN HALL SQUARE, FALMOUTH, MA 02540
508-495-7460 – Fax 508-495-7463

AGENDA

August 20, 2015 – 5:30 PM
Board of Appeals Hearings & Open Meeting
Selectmen’s Meeting Room – Town Hall


5:30 PM Open Meeting: #54-15 Drummey et al, Appeal of Bldg. Comm’r
Re: Cease and Desist Wind Turbine (KB, TH, EVK, PM, JS) 

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

Model Bylaw for Land-based Wind Energy Conversion Facilities

Page 23

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

Page 24

10.1 Special Permit Granting Authority (SPGA) The SPGA for wind energy conversion facilities shall be the Planning Board.