Falmouth Wind Turbine Litigation Epilogue October 2, 2018

"Friends of Falmouth Wind," say they should be allowed to intervene in the lawsuit that ended June 20, 2017. Barnstable Superior Court Judge Cornelius Moriarty agreed with the Falmouth Zoning Board the two town-owned wind turbines are a nuisance and shut them down.

The small group, "Friends of Falmouth Wind," filed their appeal too late and the judge determined they have no standing. The group has filed an appeal in Massachusetts Appeal Court.

In the appeal, the "Friends of Falmouth Wind " misinterpret the 2007 Massachusetts General Court enacted legislation Chapter 200 specifically to assist the Town of Falmouth in the construction of wind turbines. The Friends contend this legislation is intended to bypass local bylaws and zoning and allows the construction of wind turbines in Falmouth. The legislation only allows the Town of Falmouth to borrow money to build wind turbines. Falmouth has zoning bylaws that protect the safety and health of its citizens.

Massachusetts in 1966 adopted the Home Rule Amendment to the Massachusetts Constitution giving certain powers to cities and towns. 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. Falmouth local zoning bylaws and public health laws are meant to protect the health, safety, and welfare of the general public.

Municipalities may adopt charters without needing state approval. Falmouth has several bylaws approved by the Massachusetts Attorney General that are required to build a wind turbine, Falmouth 240-166 Wind Turbine Special Permit for construction and Falmouth 240-110 Nuisance to control noise. The Massachusetts Attorney General is required to approve local bylaws when town by-laws are adopted or amended to be sure they do not conflict with MGL, Massachusetts General Laws, Session Laws & Bills.

Municipalities may not borrow money without state approval thus in 2007 the Massachusetts legislature passed legislation Chapter 200 that allowed the Town of Falmouth to only borrow money to build wind turbines.

The Friends of Falmouth Wind are going in front of the same Massachusetts Appeals Court that ruled in DRUMMEY vs. TOWN OF FALMOUTH February 26, 2015 :The requirements of § 240-166D, quoted pertain to considerations of potential impacts on neighbors as well as safety in the operation of windmills. The appeals court ruled Special Permit 240-166 is needed and the town has to follow the nuisance bylaw 240-110.

In 2005 the Town of Falmouth had a study done to install town-owned wind turbines by KEMA INC. The study stated Special Permit 240-166 required to build a wind turbine ( Falmouth Wind I) The first wind turbine.

In 2010 the Town of Falmouth filed a federal EPA waiver: "Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Falmouth, MA" The waiver submitted by the Town of Falmouth stated a Special Permit 240-166 was required. ( Falmouth Wind II ) The second wind turbine.

The appeal of the Judge Moriarty decision by the Friends of Falmouth Wind in Massachusetts Appeal Court is frivolous litigation. It is clearly specified in the Massachusetts General Laws in regard to both the Appeals Court and the Supreme Judicial Court that it may award just damages and single or double costs to the appellee.

The Massachusetts Appeal Court should award Treble damages plus interest

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Photo Credit: The Standard-Times of New Bedford headlined the study on the front page of the Saturday issue November 10, 2012

Headlines (Study: Turbines affect sleeping habits, health)

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Photo -Study finds physical, mental health effects from wind turbines-Standard Times

NOVEMBER 11, 2012

https://windwisema.org/2012/11/11/study-finds-physical-mental-health-effects-from-wind-turbines-standard-times/

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State of the Town: Falmouth Wind Turbine Update February, 2018