Falmouth ZBA Wind Turbine 1 Hearing-- 9/10/2015-- 6 PM

Falmouth ZBA Wind Turbine Heaing 9/10/2015 6 PM

Justice delayed is justice denied. This is all about money before the health of citizens.

The Falmouth Wind 1 megawatt wind turbine minimum setbacks established to protect public health and safety, and adjacent property interests are not safe.

The Massachusetts Clean Energy Center admitted in an April 2013 memo it made mistakes in the acoustical noise study.

Judge Robert Rufo also declined to issue a time frame or limit on how long the Town of Falmouth has to obtain the special permit.
Most court rulings impose limits at most stages of proceedings. The judge did say when asked about ordering a cease and desist order : “It doesn’t mean I won’t,” he said. “I will if I think I should at any point in time.”

The ruling for the special permit was June 4, 2015. Over 90 days have elapsed and only now are they having the first hearing. One might ask how fast the special permit process would have taken had the judge placed a time limit on the process or had ordered a cease and desist order.

The Appeals Court stopped short of ordering the town to shut down Wind 1 until a special permit is issued.

Barnstable Superior Court Judge Christopher J. Muse issued a preliminary injunction to reduce the turbine’s hours of operation. The Court found that the defendants in the case face “a substantial risk (that they) will suffer irreparable physical and psychological harm if the injunction is not granted.”

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

The Falmouth Wind 1 turbine and associated equipment does not conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10).

A November 2005 Falmouth feasibility study shows noise impacts of the proposed wind turbine and identifies residential homes that would be affected by the turbine .A total of 99 residential properties are located within a half-mile radius of the turbine site. There are 68 properties located to the west of the turbine site. The closest dwellings are approximately 1700 feet due west of the proposed turbine site. Sixty-one of the 68 properties are located on one of the following residential streets: Ridgeview Drive; Ambleside Drive; Westmoreland Drive; and Brantwood Road. Seven properties are located to the east of West Falmouth Highway.

The Town of Falmouth had been given a warning from Vestas wind company that the turbine generates noise 7 decibels higher than the manufacturer specifications. The town keep this letter from the public and never posted the April 2005 Falmouth screening report along with various documents and memos.

General Electric a domestic wind turbine company refused to build wind turbines in Falmouth because of setback issues.

The Massachusetts Clean Energy Center had warned of two distinct types of noise in all other studies prior to the Falmouth study. The two types of noise are “regulatory” and “human annoyance. ” Human annoyance was dropped from the Falmouth wind study. Today we know human annoyance is low frequency / infra sound.

The Town of Falmouth did not act in the best interest of public safety. 

Falmouth Zoning Board of Appeals LIVE
Schedule Information:
9/10/2015 at 6:00 PM

Watch it live at : http://www.fctv.org/v3/15live

Zoning Board of Appeals Agenda for: 09-10-2015
September 10, 2015 – 6:00 PM
Board of Appeals Hearings & Open Meeting
Selectmen’s Meeting Room – Town Hall