Falmouth ZBA Cease and Desist Order Sooner Rather Than Later

Falmouth Zoning Board of Appeals The Wind Turbine 7/23/2015

Falmouth Town Council Can Not Direct The Zoning Board of Appeals. The Falmouth Town Council made his arguments in court and lost.

The Massachusetts Supreme Court ruled Falmouth broke the law and should have used a Special Permit to install its turbine.

The courts left it up to the Town of Falmouth to enforce its own bylaws. The judge did not rule out that he would at some time in the future order a Cease and Desist order.

Every day this goes on is going to cost the taxpayers of Falmouth more and more to repay the wind turbine victims for the loss of their health and property rights.

A Cease and Desist order with step-by-step instructions. A Cease and Desist order is used to refrain or stop the Town of Falmouth from the activity of operating Falmouth Wind 1 until they receive a Special Permit to operate Falmouth Wind 1.

Harm is being done to up to 200 residential home owners. That is a fact. The waste water plant doesn’t need the turbines it operated for years without them. The turbines were never the revenue stream that was promised. A dream to good to believe never is. 

The Town of Falmouth doesn’t need the turbines. The turbines are an ongoing expense and the courts have ordered the operations curtailed because of the noise. The turbines will never make a profit and face future maintenance and continued legal action with court cases lined up out the front door of town hall. 

In June the Massachusetts Supreme Judicial Court denied Falmouth’s petition for further appellate review of the town’s ongoing legal dispute with neighbors over the Falmouth Wind 1 turbine.

The Falmouth Zoning Board of Appeals has twice ruled that the turbines are a nuisance.

The Massachusetts Supreme Court has found that Falmouth did ignore its own bylaw 240-166

There is sufficient evidence to show the Vestas V-82 1.65 megawatt wind turbine formerly known as the NEG Micon NM- 82 1.65 megawatt wind turbine generates up to 110 decibels of noise almost twice the manufacturers specifications. This was known to all the people involved in the installation of Falmouth Wind 1 turbine. A rational person can only conclude the town avoided Special Permit bylaw 240-166 because it would require additional studies and notifications.

You can click on this link and listen to the court litigation. Half way down the page you can click to hear the audio portion of the trial -

http://ma-appellatecourts.org/display_docket.php?dno=2013-P-1498

You can copy and paste to browser :
http://ma-appellatecourts.org/display_docket.php?dno=2013-P-1498


The Falmouth Zoning Board of Appeals (ZBA) is a quasi-judicial board which interprets and applies the town’s zoning bylaws.

The Board of Appeals is responsible for hearing a variety of requests including special permits to variances from zoning by-laws and the sign code.

The Zoning Board is responsible for holding public hearings for special permits, variances and appeals relating to land use.

Hears and decides Appeals by persons aggrieved by an order or decision of the Inspector of Buildings or other administrative official, in violation of any provision of applicable law.

In exercising its powers and responsibilities, the ZBA may make orders or decisions.