Select Board Meeting Oct 19 - Eminent Domain Projection 70 Million

TOWN OF FALMOUTH BOARD OF SELECTMEN
AGENDA
MONDAY, OCTOBER 19, 2015 – 6:00 P.M.
SELECTMEN’S MEETING ROOM

6:00 p.m. EXECUTIVE SESSION- Wind Turbine Litigation

7:00 p.m. OPEN SESSION

The Minutes of Meetings: The Select Board at the previous October 5, 2015 meeting unanimously approved Article 2 an eminent domain article to be sent to Special Town Meeting November 10, 2015.

Select Board member Mary Pat Flynn said supporting the article is consistent with the board’s ongoing support of wind energy in town. She said: “We’ve made a long term commitment to renewable energy.” There was no discussion of what this would cost taxpayers and very little else was said.

The board is expected to approve the minutes to that meeting on Monday October 19, 2015

The Falmouth officials are aware of the recent Wind Turbine Options Group discussions. There are approximately 200 residential homes modeled in the acoustic studies around the turbines. Those homes not taken by eminent domain would petition for eminent domain damages due the taking’s perceived property stigma and subsequent property devaluation.

The eminent domain property takings could cost Falmouth taxpayers 70 million dollars plus based on an average home price of $350,000.

The Consensus Building Institute (CBI) conducted the Falmouth Wind Turbine Option Analysis Process (WTOP) at a cost to taxpayers of $388,000.00. The Falmouth Wind Turbine Option Analysis Process didn’t consider eminent domain because of the prohibitive costs of the litigation and takings.

The Falmouth Select Board has endorsed Article 2 an eminent domain article in spite of the CBI-WTOP recommendations.

History : On September 17, 2015 Attorney Chris Senie presented the Falmouth Zoning Board of Appeals a request to cease and desist the Falmouth Wind 1 turbine, The board approved the request. The link is next

Please read by clicking on the link below :
Zoning Board of Appeals September 17, 2015 Senie & Associates, P.C. Representing Impacted Neighbors
https://windwisema.files.wordpress.com/2015/09/senie-to-zba-ceasedesist-2015-09-17.pdf

Since the September 17, 2015 ZBA appeal the Falmouth Select Board has endorsed three articles for Special Town Meeting November 10, 2015. The articles ask for more money or a way to shift money within the budget, an eminent domain proposal to take wind victims homes and a change in the bylaw to guarantee the victims lose their health and property rights.

The Verbal Explanation of Article 2 , Eminent Domain :

For the record the following information is the verbal presentation of Article 2 at the Falmouth Select Board Meeting Oct 5 , 2015 as shown at the one hour and thirty minute mark, 1:30 , on Falmouth CTV’s Government Channel.

The presenter describes the options of taking the homes of wind turbine victims by eminent domain.

The presentation describes several other methods and options on how to take the homes around the wind turbines away from the residential home owners. (1:30 minute mark in the video )

The endorsement of Article 2 by the Select Board is almost one hour later at the two hour and twenty four minute mark, 2:24 minutes

The article presentation:
Presentation of Petition Article for November 2015 Special Town Meeting (5 minutes)
a. Present Petition Article 2 – Ronald Zweig and Richard Latimer

The presentation can be viewed on the link below:
Board of Selectmen 10/5/15 part 2

http://www.fctv.org/v3/vod/board-selectmen-10515-part-2

1:30 minute mark and 2:24 minute mark 

The Falmouth Select Board has endorsed these three art icicles:

WARRANT FOR THE NOVEMBER SPECIAL TOWN MEETING TUESDAY, NOVEMBER 10, 2015 AT 7:00 p.m.

ARTICLE 1: To see if the Town will appropriate a sum of money to the Energy Receipts Reserved for Appropriation account for further appropriation, and to determine how the same shall be raised, or do or take any other action on the matter. On request of the Board of Selectmen.

ARTICLE 2: To see if the Town will vote to support the Board of Selectmen’s efforts toward maximizing the benefits and thereby minimizing any financial burden to Falmouth’s citizens from operation of the Town’s municipal turbines at its Wastewater Treatment Facility at 154 Blacksmith Shop Road, West Falmouth, MA. Or do or take any other action on the matter. On petition of Richard Latimer, Ronald Zweig and others.

ARTICLE 3: To see if the town will vote to amend Chapter 240 – Zoning – of the Code of Falmouth by adding the following to Article XXXIV (34) Wind Energy Systems:

240-166.D (2) Any Wind Energy System owned by the Town of Falmouth and used for municipal purposes, in existence as of the date of this bylaw, shall be exempt from the provisions of this Article, pursuant to Section 240-30 .B. and may be allowed to operate as a matter of right in public use district