Ocean Wind 2021 Request TO Bypass Falmouth Bylaws Slips Into Cracks

https://www.falmouthma.gov/AgendaCenter/ViewFile/Minutes/_03152023-14132

On March 15, 2023, a meeting was held in Falmouth with a small group of Falmouth citizens offshore and wind contractors and a wind spokesperson. The discussion involved high-voltage direct current converter electric plant, cables, and environmental issues which were for some reason many questions were answered by a former Falmouth select board member.

The spokesperson for the wind company said the wind company will seek to bypass not all of the town bylaws.

https://www.falmouthma.gov/AgendaCenter/ViewFile/Minutes/_03152023-14132

See this link for the March 15, 2023 entire meeting :

https://www.falmouthma.gov/Age...
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After reading the letter this is the basics of zoning in Falmouth>;

The purpose of the Falmouth Bylaws is as follows: (APPROVED BY TOWN MEETING)

a. to protect the public health, safety, and welfare of the community;
b. to lessen congestion in the streets;
c. to secure safety from fire, flood, panic, and other dangers;
d. to prevent overcrowding of land;
e. to avoid undue concentration of population;
f. to encourage housing for persons of all income levels;
g. to facilitate the adequate provision of transportation, water supply, drainage, schools, parks, open space, and other public requirements;
h. to conserve the value of land and buildings, and to prevent blight;
i. to protect and enhance the conservation of natural resources and the environment;
j. to encourage appropriate use of land throughout Falmouth, including consideration of the recommendations of the Local Comprehensive Plan adopted by the Falmouth Planning Board and the Regional Policy Plan adopted by the Cape Cod Commission; and,
k. to preserve and increase amenities, pursuant to G.L. c. 40A, c. 40B and c. 41, as amended, and Article 89 of the Amendments to the Constitution.

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The Ocean Wind Company Is requesting from the state Bypassing Towm Bylaws

REQUEST TO BYPASS FALMOUTH BYLAWS APPROVED BY TOWN MEETING

FOR SOME REASON THESE DOCUMENTS ARE NOT ON THE FALMOUTH TOWN WEBSITE

Link Fot Documentation :

https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/14205954

PETITION OF MAYFLOWER WIND ENERGY LLC AKA SOUTHCOAST WIND

Dated: November 17, 2021

PURSUANT TO G.L. C. 40A, § 3 FOR INDIVIDUAL AND COMPREHENSIVE EXEMPTIONS FROM THE OPERATION OF THE ZONING BYLAW OF THE TOWN OF FALMOUTH

COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

Petition of Mayflower Wind Energy LLC Pursuant to G.L. c. 40A, § 3 for Exemptions from the Operation of the Zoning Bylaw of the Town of Falmouth for the Construction and Operation of New Transmission Facilities for the Delivery of Energy from an Offshore Wind Energy Generation Resource Located in Federal Waters to the Regional Transmission System in the Town of Falmouth, Massachusetts.

D.P.U. 21-142

See Pages 46 to 54

https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/14205954

Page 50

Use Regulations § 240-18 and Article VIII

Section 240-18 expressly prohibits the granting of use variances. The Noticed Alternative Mayflower Wind Substation – Cape Cod Aggregates is located in the Agricultural AA District and Article VIII and XV does not expressly allow an electrical substation in connection with a large-scale wind generating facility. Therefore, an exemption from the prohibition in Section 240-18 and Article VIII and XV is per se required.

Pgae 50

Section 240-72.3(B) expressly prohibits the storage of de-icing chemicals, hazardous waste subject to M.G.L. c. 21C, and liquid petroleum products. To the extent the Noticed Alternative Mayflower Wind Substation – Cape Cod Aggregates could be found not to comply with these requirements, an exemption from the prohibition in Section 240-72.3 is per se required. Section 240-72.3(C) requires a special permit for any use that will render impervious more than 15% or 2,500 square feet of any lot, whichever is greater. A special permit can only be issued after a public hearing, is discretionary, and if granted, are subject to appeal.

page 50

Upon reasonable review and the current status of plan design, it is reasonably expected that Noticed Alternative Mayflower Wind Substation at the Cape Cod Aggregates site will not comply with the minimum setback requirements and that relief will be required. The legal -51- . Zoning Bylaw Provision Local Relief Required Why Exemption is Required standard for obtaining a variance is difficult to meet. Variances are a disfavored form of relief and, even if granted, subject to appeal

Page 53

V. WIND ENERGY SYSTEMS § 240-166(C) and Article XXXIV

Section 240-16 6 expressly prohibits the construction of a wind energy system, and no special permit from the Planning Board shall be permitted, if the wind energy system has a rated capacity greater than 250 kilowatts in any zoning district, is not an accessory land use, and where the primary use of the facility is electrical generation to be sold to the power grid or accounted for through net metering. To the extent this Section applies to the Project, an exemption from the prohibition in § 240-166(C) and Article XXXIV is per se required.

Noise Fire Explosion

Nuisances § 240-110 Section 240-110 expressly prohibits any injurious or obnoxious noise, vibration, smoke, gas, fumes, odors, dust or other objectionable features, or any use that is
hazardous to the community on account of fire or explosion or any other cause.
To the extent the Mayflower Wind
Substation could be found not to comply
with these requirements, an exemption
from the prohibition in Section 240-110 is
per se required.

SEE LINK FOR DOCUMENTATION Pages 46 to 52

https://fileservice.eea.comacloud.net/FileService.Api/file/FileRoom/14205954

March 15 Energy meeting https://www.falmouthma.gov/AgendaCenter/ViewFile/Minutes/_03152023-14132