Falmouth Wind Turbine Full Court Panel Case Appeal Due Soon

Massachusetts Superior Court Judge Cornelius Moriarty ruled in June of 2017 that the Falmouth town-owned wind turbines are a nuisance to neighbors.The judge ordered wind turbine #2 shut down. Wind turbine #1 had already ceased operation in 2015 when it was denied a special permit from the local Falmouth zoning board.

The Green Center and several town residents have refused to accept a judge’s decision to keep the two controversial turbines permanently shut down, and took the matter to the Massachusetts Appeals Court for review in January of 2018. The Massachusetts courts have ruled the group has no standing and filed their appeal 5 months too late.

All briefs in the court of appeals case number # 2018-P-0104 were filed by April 4, 2018.
Falmouth residents who filed the motion to intervene are Dr. George M. Woodwell, Ronald D. Zweig, Christina C. Rawley, Earle A. Barnhart (the principal officer of The Green Center), John Carlton-Foss, Rhona N. Carlton, James Churchill, Hilde Maingay, Pamela D. Pelletreau, Robert H. Pelletreau Jr., Allison B. White and Katharine R. Woodwell.

Court of Appeals Case No. 2018-P-0104 – On Appeal from Denial of Motion to Intervene by Barnstable Superior Court (Case No. 1472CV00003)

The purported purpose of the appellants' action is to modify the remedy directed by Barnstable Superior Court Judge Moriarty (a decision deeming the turbines a nuisance and ordering them to shut down). George and his “Friends of Falmouth Wind” are urging the court to order the town to convene proceedings to take evidence about remedies that would allow the wind turbines to continue to operate and avoid the costs to the Town that would be incurred to comply with the lower court’s ruling.

The Court is likely to be entertained by the two reports addressing Falmouth’s wind turbine noise mitigation proposals:

A. Weston & Sampson Wind Energy Facility Mitigation Alternatives Analysis – December 2011 http://www.falmouthmass.us/DocumentCenter/View/159/Weston-and-Sampson-PDF?bidId=
B. Wind Turbine Options Analysis Process Final Report to the Falmouth Board of Selectmen Falmouth, MA – January 18, 2013 http://www.falmouthmass.us/DocumentCenter/View/124/Final-Report-PDF?bidId=
Both reports clarified that any mitigation option did not reduce infrasound and very low-frequency noise produced from wind turbine operations.

Home insulation additions and sound-masking devices were offered as forms of mitigation to wind turbine neighbor, yet the quality of life outside, in the yards, gardens and on the patio decks of neighbors was not even addressed.

Given the on-going research concentration on infrasound and very low-frequency wind turbine impact, it’s doubtful any options suggested to date, could improve the neighbors’ situation if turbines were to operate again.

On July 10, 2017 Susan Moran, the chairwoman of the Board of Selectmen, said:"It's time to put the matter behind us and move forward."

Time to stop the insanity ?