Falmouth Wind Turbine Amendment The Fatal Flaw

Falmouth Massachusetts USA 10/5/2015

Falmouth Wind Turbine Amendment Fatal Flaw

Where is the town getting its legal advice ?

Falmouth Wind Turbine # 1

Fatal Flaw : Falmouth Wind Turbine Article 3 - Division of Air Quality Noise Regulations (310 CMR 7.10)

Approval of the Attorney General is required when town by-laws are adopted or amended.

The Article 3 amendment to the wind turbine section if approved by 2/3 of the Town Meeting Members goes to the Massachusetts Attorney General for approval.

The Massachusetts Attorney General would be asked to approve an amendment that allows two commercial megawatt turbines that are breaking state laws and regulations Division of Air Quality Noise Regulations (310 CMR 7.10).

The Falmouth Article 3 amendment asks the Attorney General to ignore Massachusetts Zoning Ordinances and particularly the State Building Code.

The Massachusetts Superior Court ruled in June of 2015 the Town of Falmouth must comply with the town special permit process 240-166.

The Falmouth Zoning Board of Appeals voted a cease and desist order to shut down Falmouth Wind 1

The Falmouth Select Board has proposed Article 3 amendment to the Falmouth wind turbine bylaws to allow the Falmouth wind turbines to operate as a of right in public use districts.

The state of Massachusetts has a model bylaw for towns to consider if there is not one in place. Following are some of the impact studies which may be required:

Wildlife, avian, endangered species
Wetlands
Visual impacts
Sound impacts
Archeological / historical
Transportation and safety

http://www.mass.gov/eea/energy-utilities-clean-tech/renewable-energy/wind/wind-energy-model-zoning-by-law.html

Building Permit: The permit issued in accordance with all applicable requirements of the Massachusetts State Building Code (780 CMR)

3.10.6 Sound : The operation of the wind energy facility shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10)

The Town of Falmouth is going to ask the Massachusetts Attorney General to approve this amendment ?

An ammendment that includes two out of compliance wind turbines breaking state laws & guidelines.

# The Falmouth wind turbines are a health and well documented nuisance problem through the Massachusetts Court System.

How could the Town of Falmouth expect the Massachusetts Attorney General approve this amendment ?


WARRANT FOR THE SPECIAL TOWN MEETING TUESDAY NOVEMBER 10 At 7 p.m. 2015

“ARTICLE 3 : To see if the town will vote to amend Chapter 240- Zoning-of the Code of Falmouth by adding the following to Article XXXIV (34) Wind Energy Systems: 240-166.D (2) Any Wind Energy System owned by the Town of Falmouth and used for municipal purposes, in existence as of the date of this bylaw, shall be exempt from the provisions of this Article, pursuant to Section 240-30.B. and may be allowed to operate as a of right in public use districts.”