Falmouth Wind Turbine Fatal Flaw Analysis Court Appeal 10/2/2018

The "Friends of Falmouth Wind" for years have acted as Cheerleaders urging the Town of Falmouth to pursue litigation case after litigation case over the wind turbines. The group organized online petitions and called for emailing various local and state officials at no cost to themselves but the large expense of health and resources to the abutters of the wind turbines and Falmouth taxpayers.

At Falmouth Town Meeting November 10, 2015, a former Selectman Brent Putnam told Town Meeting this about residents around the turbines:
" they're going to continue to fight this. They'd been fighting this when I was a selectman, they're fighting this now and I'm not a selectman. They have a vested interest in this, ladies and gentlemen, that most of us don't. And they, as just pointed out, they're continuing to spend their own money and their own energy and their own time to fight this, and guess what? They're winning."

Barnstable Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth's Wind 1 and Wind 2 on June 20, 2017.

On October 2, 2018, the "Friends of Falmouth Wind" head back to the Massachusetts Appeal Court to ask to intervene in a lawsuit that started between 2013 and 2014.

The Friends of Falmouth Wind contend in the wind turbine appeal coming up on October 2, 2018, that the Massachusetts Chapter 200 act of 2007 state legislation allowed the Town of Falmouth to build two massive 1.65-megawatt wind turbines in violation of Falmouth Town Bylaw 240-110.

The bylaw 240-110 states: No use shall be permitted which would be offensive because of injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or be hazardous to the community on account of fire or explosion or any other cause. No permit shall be granted for any use which would prove injurious to the safety or welfare of the neighborhood into which it proposes to go, and destructive of property values, because of any excessive nuisance qualities. (Falmouth Zoning Board determined the wind turbines are a nuisance)

The Friends of Falmouth Wind are misinterpreting the 2007 Chapter 200 Massachusetts General Court enacted wind turbine legislation. This legislation is for the financing of the wind turbines, borrowing, bonding and means of raising revenue to build and construct wind turbines. Not the construction of a wind turbine without local permits to protect the health, safety, and general welfare of the public.

M.G.L. c. 40A – The Zoning Act. Widely referenced as merely “40A”. The enabling law allows local communities to create zoning bylaws and ordinances under their police powers. Includes procedures for special permits, variances, appeals and public notification. Falmouth has and has had a bylaw Special Permit 240-166 to build wind turbines as stated in the 2005 KEMA Inc wind turbine feasibility study.

In 2007 the Massachusetts General Court enacted legislation Chapter 200 specifically to assist the Town of Falmouth in the construction of wind turbines:

Section 1: Notwithstanding any general or special law to the contrary, the town of Falmouth may design and install wind energy facilities at its wastewater treatment facility.

Section 3: Notwithstanding any general or special law to the contrary, the town of Falmouth may operate wind energy facilities installed pursuant to section 1.

The Falmouth Zoning Board determined the wind turbines are a nuisance. The Falmouth Select Board took the Zoning Board to court and lost. Barnstable Superior Court Judge Cornelius Moriarty agreed with the Falmouth Zoning Board and issued the order to shut down Falmouth's Wind 1 and Wind 2 on June 20, 2017. They are a nuisance.

A. The Massachusetts Technology Collaborative a semi-quasi state agency was the technical consultant and original owner of Falmouth Wind turbine # 1 a Vestas V-82 type 1.65 megawatt wind turbine. The MTC hired KEMA, Inc. & Ecology and Environment, Inc.to prepare a feasibility study in 2005 to install a single wind turbine in Falmouth. On page 35 of that study, it says: "A Special Use Permit is required for the construction and operation of windmills in the Town of Falmouth. Issues considered in the process, include setback and noise." Special Permit 240-166 was needed

B. In order to build the second Falmouth wind turbine # 2, an identical Vestas V-82 type 1.65 megawatt wind turbine the town had to file a waiver with the federal government EPA to buy a foreign made turbine with stimulus funds. In the waiver application, it referenced the Town of Falmouth Special Permit process 240-166. Anyone who reads the EPA waiver of the Buy America requirements of American Recovery and Reinvestment Act of 2009 Section 1605 shows the town was going to go through with the special permit process as noted in the permit application. Special Permit 240-166 was needed.

The town never filed Special Permit 240-166 for its first turbine installed in 2010 a 110 decibels Vestas V-82 type 1.65 megawatt turbine or the second turbine.

In addition, there was never a feasibility study or a noise study done for both turbines operating at the same time.

C Update in 2010 Chapter 200 of the acts of 2007:

2010 Chapter 175 An Act Relative To The Financing Of Wind Energy Facilities In The Town Of Falmouth.
http://masslib-dspace.longsight.com/handle/2452/208921

Chap. 0175. AN ACT RELATIVE TO THE FINANCING OF WIND ENERGY FACILITIES IN THE TOWN OF FALMOUTH.

Be it enacted, etc., as follows:

SECTION 1. Chapter 200 of the acts of 2007 is hereby amended by striking out
section 5 and inserting in place thereof the following section:-

Section 5. Notwithstanding section 53 of chapter 44 of the General Laws or any other
general or special law to the contrary, the town of Falmouth may establish a fund, which
shall be kept separate and apart from all other monies of the town, into which shall be
deposited all revenues from the operation of the wind energy facilities authorized in this act
and from any other renewable energy producing facilities which the town is authorized by
law to operate and all monies received for the benefit of the wind energy facilities and any
other renewable energy facilities, other than the proceeds of bonds or notes issued therefore.
The receipts may be appropriated to pay the cost of operation and maintenance of wind
energy facilities and any other renewable energy facilities, to pay costs of future
improvements and repairs thereto, to offset the other energy or energy related expenses of
the town, to pay the principal and interest on any bonds or notes issued therefore and for any
other lawful municipal purpose.

SECTION 2. This act shall take effect upon its passage.

Approved July 22, 2010.Page 815 http://archives.lib.state.ma.u...