Falmouth Wind Turbine Appeal To Be Held October 2, 2018

Falmouth Wind Turbine Appeal To Be Held October 2, 2018

Notice of 10/02/2018, 9:30 AM argument at John Adams Courthouse, Courtroom 4 (a4) sent.

APPEALS COURT
Full Court Panel Case
Case Docket
TOWN OF FALMOUTH vs. FALMOUTH ZONING BOARD OF APPEALS & others
2018-P-0104

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In 2005 the Town of Falmouth conducted a feasibility study to install a Vestas V 47 - type 1/2 megawatt wind turbine. The plan was vetted and voted on by Town Meeting.

Between 2008 and 2009 the Town of Falmouth changed and increased the size of its turbines and requested General Electric to install a 1.5-megawatt wind turbine 3 times the size of the 2005 turbine used in the feasibility study. General Electric refused to place a single 1.5-megawatt 103-decibel turbine because of residential setbacks and ice throw to a nearby highway.

In 2009 the Town of Falmouth contracted a single Vestas V-82 - type 1.65-megawatt turbine larger and louder than the GE turbine.

Vestas wind turbine company warned the Vestas V-82 - type 1.65 wind turbine generates 110 decibels of noise and according to 2005
noise study map done by KEMA Inc shows the decibel levels would rise well above state noise regulations at up to 200 residential homes around the turbines.

The 2005 KEMA Inc study stated the Town of Falmouth was required to file Special Permit 240-166 to install commercial wind turbines.

Falmouth Special Permit 240-166 required additional notifications to the neighbors and hearings at the Falmouth Zoning Board.

The Town of Falmouth ignored the KEMA Inc study and its own bylaw Special Permit 240-166. Emails, Maps, Memos and a Vestas letter dated August 3, 2010, to the Town of Falmouth show the reason why the town never filed the Special Permit. It was too loud and too large.

Neighbors complained about noise and shadow flicker the day the turbine started to operate.

The town hid the warnings from the public and could not file the Special Permit because of a hearing at the Falmouth ZBA and notifications to neighbors would not allow the construction of the Vestas V-82 type 1.65 megawatt wind turbine.

By 2012 the town continued to hide noise warning documents from the public and installed a second Vestas V-82 - type 1.65 wind turbine. Neighbors complained of disturbed sleep, headaches, tinnitus (ear ringing), and sense of quivering or vibration, nervousness, rapid heartbeat, nausea, difficulty with concentration, memory loss, irritability and anger from the turbines.

In 2012 the Massachusetts Department of Environmental Protection notified the Town of Falmouth, Select Woman Mary Pat Flynn the turbines are breaking state noise guidelines.

The Town of Falmouth by 2013 continued to hide the August 3, 2010, Vestas noise warning letter along with emails, maps, and memos and held a townwide vote to keep the turbines operational. Ill-informed voters voted by a 2/3 majority to keep the turbines operational. After the 2013 vote, the town released the August 3, 2010, Vestas noise warning through a FOIA , Freedom of Information Act Request. # Note - the town kept the letter secret until after the 2013 2/3 vote.

Town voters actually voted to keep breaking state noise regulations aka break the law. Those involved in Massachusetts Appeals case 2018-P-0104 to be held in October are using the 2/3 vote by town voters to break the laws of the Commonwealth as a means to keep operating the wind turbines.

The Falmouth Zoning Board has determined the wind turbines constitute a nuisance.

Barnstable Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth's Wind 1 and Wind 2 on June 21, 2017.

The Falmouth Select Board the legal owners of the two town wind turbines decided not to appeal the decision. Chairwoman Susan Moran said : "It's time to put the matter behind us and move forward."

The Friends of Falmouth wind filed an appeal 5 months too late and Judge Moriarty ruled they have no standing in the case.

The Friends of Falmouth continue to ignore the facts that the town hid negative wind turbine documents from the public that included emails, memos, maps, and letters in order to get voters in 2013 to vote by a 2/3 margin to keep the turbines operational.

We have reached a point where the federal government needs to get involved. To build the second Falmouth wind turbine American Recovery and Reinvestment Act (ARRA) Act of 2009 funds were misused.