Neighbor News
Falmouth Wind Turbines Ruled Non-Compliant Structures
Current Falmouth Select Board in a precarious position today due to being aware of the August 2010 Vestas noise warning letter and emails.
The Falmouth Zoning Board found that the Falmouth wind turbines are a nuisance. Barnstable Superior Court Judge Cornelius Moriarty agreed with the Falmouth Zoning Board and issued the order to shut down Falmouth's Wind I and Wind II on June 20, 2017.
A local Falmouth resident wrote to Rodman Palmer, Building Commissioner & Zoning Enforcement Officer to remove Falmouth Wind I as it had not operated for over a year.
In a December 27, 2017, letter to the local resident the building commissioner stated he has the authority to order any “non-complying” structure removed, so he didn't need to make a determination under the wind energy bylaw.
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The local resident after receiving the letter from the Building Commissioner that Falmouth Wind I is a non-complying structure sent an email to the Falmouth Select Board on December 30, 2017, asking to include Falmouth Wind II as part of the Building Commissioner determination as town regulations do not allow selective enforcement and prejudice.
Both town-owned wind turbines are chest pounding 110 decibel Vestas V-82 type 1.65 megawatt wind turbines.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
On January 2, 2018, Rod Palmer, Building Commissioner sent a second letter to the Falmouth Select Board about the non-complying Falmouth Wind I and gave the town until May 18, 2018, to prepare a plan for “dismantling and removal” of the Wind 1.
The current Falmouth Select Board is in a precarious position today because they are aware of the August 2010 Vestas noise warning letter that the turbines generate a chest pounding 110 decibels of noise. The town had also been warned by email prior to the construction of the turbines break state noise regulations. In addition, a KEMA Inc map from 2005 shows a single Vestas V-82 wind turbine generates almost 60 decibels at homes on Blacksmith Shop Road.
In October 2017, Friends of Falmouth Wind filed a motion to intervene in the court case that started in January of 2014. The residents had three years to ask to intervene but never asked the courts. Judge Moriarty rejected this motion.
The Friends of Falmouth Wind, motion to intervene filed on October 2017 was in addition 3 months too late after June 20, 2017, Judge Moriarty decision agreeing with the Falmouth Zoning Board the wind turbines are a nuisance. Municipalities have 60 days to appeal litigation. In July of 2017, the Falmouth Select Board decided not to appeal the decision. Chairwoman Susan Moran said: “It's time to put the matter behind us and move forward.”
The Friends of Falmouth Wind are ignoring the purpose of the 26 Falmouth Wind Turbine Option Analysis Process (WTOP) meetings held in 2012 at a cost of $136,000.00 was to engage in an open, transparent, and collaborative exploration of the range of options for the long-term future of the Town's two Wind Turbines – Wind I and Wind II.
The Town of Falmouth was not honest in the negotiations and withheld the August 2010 Vestas wind turbine warning letter and emails prior to construction warning of the noise from the Falmouth Wind Turbine Options Analysis Process (WTOP).
The Town of Falmouth released the 110 decibel Vestas wind turbine warning letter in 2013 through a Freedom of Information Act but has never told the citizens of Falmouth about the "Smoking Gun Letter."
The Friends of Falmouth Wind, then have now in December filed an appeal of the denial of the motion to intervene. Hopefully, this will bring federal attention to the financing of Falmouth Wind II with the American Recovery and Reinvestment Act of 2009 (ARRA) funds and a federal EPA waiver to buy Falmouth Wind II.
General Electric a domestic wind turbine company refused to build a single 103.5-decibel wind turbine because of residential setbacks and ice throw to a nearby highway.
Falmouth officials misled federal officials filing for the federal EPA permit to buy a foreign made turbine after GE refused to build because of residential setbacks. The town at the time of the filing had a warning letter, emails and KEMA Inc map showing the turbines should never have been built.
Notes:
Falmouth Massachusetts: Wind Turbines Found To Be Non-Complying Structures
Rod Palmer, Building, C.B.O. Commissioner December 19, 2017
Falmouth Wind Turbine Letter -- Wind 1 is a non-complying structure letter
