​Falmouth Wind Turbine Truth Goes To Court

Falmouth Wind 1 began operations on March 2010, the Town began receiving noise complaints within days Falmouth Wind 2 began operations on February 2012.

The Town of Falmouth failed to file Special Permit 240 166 for the installation of either wind turbine.

Falmouth Wind I is no longer operational and shut down by the Zoning Board of Appeals

As for Falmouth Wind II the Town of Falmouth claims they qualify for the Doctrine of Latches. A legal term that bars the wind turbine victims of Falmouth Wind II because they waited to long to seek relief from Falmouth Wind II. This doctrine is based on the idea that the courts should not aid those who take an inordinate amount of time to raise their claims. Falmouth Wind II runs 12 hours a day and not on Sunday per court orders.

The Town of Falmouth has to explain in up coming court litigation why they hid a Vestas noise warning dated August of 2010 for five years from Falmouth Town Meetings

The only reasonable conclusion is had the town produced the letter the turbines would never have been built.

For those of you who don't get this the town hid a manufacturer noise warning that the noise from the turbines is dangerous and is today saying according to the Doctrine of Latches the neighbors have lost their rights to appeal the permit process to Falmouth Wind II.

The town put the safety and health of up to 200 residential homes hiding the letter and avoiding Special Permit 240-166..The Special Permit process would have required additional abutter notifications and studies

The letter can be viewed at this link : 110 decibels August 2010

http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.Ve9oyhFVikp

The acting Town Manager Heather Harper since November 2010 was the chief administrative officer of the town and is responsible for administering and coordinating all employees, activities and departments placed by general law, this Town Charter or bylaw under the control of the Board of Selectmen and the Town Manager. The Manager implements the goals and carry out the policies of the Board of Selectmen.

Just prior to becoming acting Town Manager Heather Harper had been with the town for over 15 years most of the time as assistant Town Manager.

In September of 2010 Heather Harper told Brewster officials : “We took on a huge risk and I think we were successful but we’re a large community and I think we can take on that risk,”

The town at this time was in possession of the noise warning letter from Vestas wind company that the turbines generate dangerous noise levels.

The letter remained hidden for 5 years. The town knew the risk they were taking hiding the letter.

https://www.wind-watch.org/news/2010/09/11/brewster-officials-take-a-wind-turbine-tour/

What is more interesting is several Falmouth Special Permit meetings that took place at the start of 2011.

Acting Town Manager Heather Harper had told Selectman David Braga in 2011 selectmen did not have jurisdiction over the permit.

Heather Harper had been the acting Town Manager since November of 2010 and was unaware of the Special Permit process with regards to the Select Board. It would be interesting to find out how Acting Town Manager Heather Harper came to the conclusion the owners of the wind turbines the Falmouth Select Board could not ask for a Special Permit.

The question for the courts and everyone else today is how long had the acting town manager been instructing the Select Board they could not ask about permits ? One or two years during the permit process for Falmouth Wind II ? How much other permit information besides the hidden letter was kept from public view.

It's a pretty safe bet a judge looking at the town hiding warning letters and an acting town manager misdirecting elected public officials is going to cause major problems with the Doctrine of Latches.

Frank Duffy, the town's attorney later said at another meeting the board of selectmen, acting as the owners of the 1.65-megawatt municipal turbine off Blacksmith Shop Road, has the right to request a special permit process at any point.

Cape Cod Times Feb. 17, 2011

http://www.capecodtimes.com/article/20110217/NEWS/102170314/0/SEARCH

Falmouth town residents need to get out of those arm chairs and start paying attention to how the Town of Falmouth is operating.

The wind turbine abutters have won every litigation case. The town claims after hiding noise warning letters and misleading elected public officials for years they qualify for the Doctrine of Latches

After 21 years on the job, assistant town manager Heather B. Harper resigned effective June 10, 2016