Falmouth Wind Turbine Permitting Fumbles

Cape Cod Commission Technical Bulletin 11-02

Municipal Wind Energy Conversion Facility

In May,2011,the 2009 Regional Policy Plan (RPP) was amended to include Minimum Performance Standards for siting Wind Energy Conversion Facilities (WECFs) in Barnstable County.


MPS E1.8 Noise :

Page 3

All applicants for a WECF greater than 660 KW shall perform a noise study and fund an approved Cape Cod Commission approved consultant's review of the noise study,and adhere to a setback of ten times the rotor diameter from the nearest residentially zoned parcel.

http://www.capecodcommission.org/resources/energy/TB_11-002_Drft120611.pdf

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Falmouth, Massachusetts has two town owned Vestas V-82 type wind turbines in the 1.65 megawatt class of wind turbines. These turbines are almost three times the size of the 660 KW turbines used in the Cape Cod Commission example.

The diameter of a rotor from the wind turbine Vestas V 82/1650 is 82 meters ( 270 feet )

Ten times the rotor diameter of the Falmouth Vestas V 82 wind turbine is 2700 feet from only one turbine to the nearest property line.

The Cape Cod Commission formula would require a circle 2700 feet around both Falmouth Wind 1 and Wind 2 for a noise study. There are around 200 residential homes within this area.

The Town of Falmouth’s special permit application to continue operating Wind 1 has been denied by the Falmouth Zoning Board of Appeals. The town select board has filed litigation against its own appointed Zoning Board of Appeals.

April 28, 2016 the town filed the land court case. The discovery period closes on October 31, 2016.

Should the Town of Falmouth, applicant for Wind 1, have performed a new noise study and funded an approved Cape Cod Commission consultant to review the noise study and adhere to a setback of ten times the rotor diameter from the nearest residentially zoned parcel ?

The Massachusetts Appeals Court ruled in 2015 that the wind turbine should have received a permit before it was constructed.

Now in the permit process has the town bypassed the Cape Cod Commission Regional Policy Plan requirements ?

How many times can you fumble the ball ? As long as you keep paying multiple law firms your tax dollars!