Neighbor News
Falmouth Wind Turbines Litigation: "Who's on First?"
"Who's on First?" was a comedy routine made famous by Abbott and Costello. Is Falmouth following the same routine using the court system?
Over the eight-year history of the poorly placed wind turbines in Falmouth, the town has reneged on court deals in the past.
On November 7 of 2013 Town counsel Frank K. Duffy and former select board member Rebecca Moffitt, representing the town, came to an agreement in Barnstable Superior Court over the wind turbines. The Falmouth select board reneged on that agreement one week later.
On June 21, 2017 Barnstable Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth's Wind 1 and Wind 2. The judge agreed with the Falmouth Zoning Board the wind turbines are a nuisance
Find out what's happening in Falmouthfor free with the latest updates from Patch.
The Falmouth Select Board voted not to appeal the June 21, 2017 court decision.
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."
Find out what's happening in Falmouthfor free with the latest updates from Patch.
In August of 2017 Susan Perez, executive director of the Massachusetts Clean Water Trust announced money, provided through a loan/grant program established under the American Recovery and Reinvestment Act of 2009 would be reduced. No additional interest will be charged, and the town has until July 2029 to pay it off as a result of the Judge Moriarty decision.
The Town of Falmouth between March and June of 2018 resolved all remaining lawsuits against the town. The insurer MIIA, Massachusetts Interlocal Insurance Association.
The Town of Falmouth completely settled 10 nuisance complaints with residents regarding the two wind turbines at the wastewater treatment facility on Blacksmith Shop Road.
According to Falmouth's Wind Energy System Bylaw § 240-166 K (5) (a) [4]: "… Absent notice of a proposed date of decommissioning, the WES (Wind Energy System) shall be considered abandoned when the facility fails to operate for more than 12 consecutive months." Why hasn't the zoning enforcement officer (Falmouth's building commissioner) ordered the removal of this structure?
According to a local news article August 2018 now the turbines may not come down together: "Falmouth Town Counsel Frank Duffy said Wind 1 and Wind 2 do not share the same legal status and therefore will not share the same fate."
It appears the Town of Falmouth is setting up for more ongoing wind turbine litigation. Watch this video from February 2018
State of the Town: Falmouth Wind Turbine Update February, 2018
Attorney Frank Duffy, Select Board Chair Susan Moran, Town Manager Julian Suso
