Falmouth Wind Turbine Laches Lawsuit No Slam Dunk

The Town of Falmouth has spent the last eight years telling Town Meeting Members the wind turbine lawsuits are a "Slam Dunk."

Falmouth Massachusetts installed two Vestas V-82 type 1.65 megawatt wind turbines in 2010 and 2012 without permits

Falmouth wind turbine number 1 will never operate again.

The Town of Falmouth believes the Doctrine of Laches applies to Falmouth wind turbine number 2. The Doctrine of Laches, in this case, means the wind turbine victims waited too long to file a legal appeal to the second turbine.

The problem for the Town of Falmouth today is a long history of omitting wind turbine documents from the public commonly called lying by omission.

KEMA Inc in 2005 produced a decibel map for the installation of a General Electric megawatt wind turbine showing decibel levels would break state noise regulations at up to 99 homes.General Electric refused to build one wind turbine at the WasteWater Treatment Plant.

The Town of Falmouth went forward building two Vestas wind turbines each twice as loud as the General Electric turbine.

Vestas wind company prior to the installations of the wind turbines warned the town by email the turbines generate a chest pounding 110 decibels of noise twice as loud as the General Electric wind turbine.

Prior to the construction of Falmouth Wind Turbine II, Vestas wind company warned the town by again by letter August 2010 the turbines generate 110 decibels of noise.

The town never released the letter until 2013 after the turbines were built. The emails and letters were never made public. The town hid the documents.

In April of 2013, the Town of Falmouth received a memo from the Massachusetts Clean Energy Center admitting in preliminary acoustic noise studies they underestimated the amount of noise the turbines generate. The memo was never made public.

A review of the financing of both the wind turbines at the June 29, 2009, Town Meeting reveals the town had prior studies that showed they have done studies which are relevant for a two-turbine configuration. To date, no one has ever seen studies were done before the June 29, 2009 Town Meeting showing both wind turbines.

In addition at the June 29, 2009, Town Meeting the town had passed a technical feasibility test for both wind turbines. To date, no one has ever seen the technical feasibility test.

Vestas wind turbine company also suggest a setback of 1640 feet for blade throw from the wind turbines these blades weigh seven tons each. The blade throw warning was never made public.

The Town of Falmouth believes they qualify for the Doctrine of Laches in which case the neighbors waited to long to file an appeal. The Town of Falmouth spent years hiding negative wind turbine documents showing how dangerous the turbines are to 184 residential homeowners

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Notes from June 29, 2009 Falmouh Special Town Meeting

The Falmouth Zoning Board of Appeals Ruled Falmouth Wind Turbine # 1 Needed A Special Permit.

Falmouth Wind Turbine # 1 and # 2 ---Financially & By Town Meeting Vote Became The Same Project At Town Meeting June 29, 2009

Vol. One 33 pages

COMMONWEALTH OF MASSACHUSETTS TOWN OF FALMOUTH SPECIAL TOWN MEETING

Monday, June 29, 2009 7:00 p.m. Page 14

Next slide. With the work with our consultants and our Town staff, our recommended expenditures to construct a second wind turbine, a second 1.65 megawatt turbine at the Wastewater Treatment Facility, and to subsidize the first – and we’re calling it Wind One – with the balance of the funds available. Given the funding available, an estimate of $8 million in ARRA funding, Wind Two cost we estimate is about $5 million, would allow a subsidy of the first wind project of $3,078,062.

Page 16 ;

Technical Feasibility Test For Falmouth Wind II completed and prior studies are relevant for a two-turbine configuration: Heather Harper, Wind Turbine Manager :"We've passed the technical feasibility test. The size of the site is over 240 acres. It can support two turbines. The distance to residences is greater than 1000 feet from any residence. And the prior studies that we have done are relevant for a two-turbine configuration. "

http://www.falmouthmass.us/Doc...

----------------------------------------------------------------------SPECIAL TOWN MEETING

Video: June 2009
29 minutes into video: Massachusetts Department of Environmental Protection (MassDEP) Intended Use Plan (IUP) Massachusetts Clean Water Trust: Subsidize Falmouth Wind I $3,078,062 -- Second wind turbine II about $5 million

31 minutes into video: Heather Harper, Wind Turbine Manager tells Town Meeting Members
"We've passed the technical feasibility test. The size of the site is over 240 acres. It can support two turbines. The distance to residences is greater than 1000 feet from any residence. And the prior studies that we have done are relevant for a two-turbine configuration. "

SPECIAL TOWN MEETING Video: June 2009

https://www.youtube.com/watch?v=g8LFk6JbxhU

ALL THREE ARTICLES WERE APPROVED AT THIS TOWN MEETING