Falmouth Wind Turbine Epilogue - Turbines Ruled A Nuisance -Shut Down

Barnstable Superior Court Judge Cornelius Moriarty on June 20, 2017 ordered the town of Falmouth to shut down two town-owned wind turbines as they are a nuisance.

Falmouth selectmen Monday, July 10, 2017 ended years of litigation over the town’s two wind turbines voting against appealing the June court ruling the turbines are nuisance and shut them down.

Massachusetts municipalities have 60 days to appeal these type lawsuits.

Those who filed up to eleven lawsuits against wind turbines claim that the sound created by the turbines and the “shadowing” or “flicker” from the rotating blades interfere with their use and enjoyment of their property, disrupt their sleep and even make them ill. , Symptoms include headaches, tinnitus (ear ringing), and sense of quivering or vibration, nervousness, rapid heartbeat, nausea, difficulty with concentration, memory loss, and irritability.

The opponents also contend that the wind turbines lower property values.

Nuisance law protects owners against interference with the use and enjoyment of their property by acts occurring somewhere other than on their own property.

The Town of Falmouth never obtained the necessary regulatory approvals(Special Permit 240-166) for the wind turbines.

The turbines were installed between 2010 and 2012

The Town of Falmouth in May of 2013 voted by a 2 to 1 margin not to take down their two town-owned wind turbines. The voting public at that time had no idea the town officials had information showing the turbines were a health hazard.

The Freedom of Information Act gave Falmouth residents the right to request information from their government showing the negative information about the turbines.

The Town of Falmouth received one million dollars in advance to take the first wind turbine that could not be sold at public auction as it had warnings of two distinct types of noise. The noise warnings were: regulatory measured in decibels and human annoyance known as infra sound since 1987. The warnings were dropped for the Falmouth sale.

Local and state politicians kept documents from the public for over three years prior to the vote from the public that revealed the turbines were a health hazard. The documents include emails, maps, warning letter, and memo.

Questions remain over the second wind turbine Falmouth Wind II loan/grant. The town received a federal waiver to buy foreign-made wind turbines after General Electric a domestic wind turbine company refused to build just one smaller wind turbine because of residential home setbacks which include health and safety.

The Massachusetts Department of Environmental Protection helped finance the Falmouth Wind II turbine with American Recovery and Reinvestment Act of 2009 (ARRA) funds providing a Project Regulatory Agreement.

The "Project Regulatory Agreement" a power production requirement in turn made it impossible for the MassDEP to enforce its own noise regulation 310-CMR-7.10. The state put the "Project Regulatory Agreement" over the health, safety and environmental noise regulations.

Major multiple nuisance lawsuits were brought by landowners.

Town of Falmouth vs. Falmouth Zoning Board of Appeals et al

Massachusetts Superior Court Case Number 1472CV00003

On 06/21/2017 Massachusetts Superior Court Judge Cornelius J Moriarty -------Judgment.

It is ORDERED and ADJUDGED::

1. that the decision of the Falmouth Zoning Board of Appeals be affirmed to the extent that the operation of Wind 1 and Wind 2 constitute a nuisance; and

2. that the Town of Falmouth cease and desist the operation of the wind turbines forthwith.