A TOWN'S RETALIATION AGAINST RESIDENTS FOR GOING AGAINST THE WIND

A TOWN’S RETALIATION AGAINST RESIDENTS FOR GOING AGAINST THE WIND

2015 YEAR END REVIEW

Credit : Firetower Wind Firetower Wind

Truncated click link to read entire story :
https://mjoecool.wordpress.com/2015/12/30/a-towns-retaliation-against-residents-for-going-against-the-wind/

FEB 8
http://www.capenews.net/falmouth/news/falmouth-finance-committee-begins-annual-budget-work/article_72859d38-ae2a-11e4-8f2d-6724180a1b18.html?_dc=261837522033.602
Falmouth Finance Committee Begins Annual Budget WorkMar 4
http://capecodtimes.com/article/20150304/NEWS/150309749
Falmouth selectmen have two weeks to appeal turbine ruling

Mar 17http://capecodtimes.com/article/20150317/news11/150319524Falmouth decides to pursue wind turbine ruling appealMar 20
http://www.capenews.net/falmouth/columns/troy-s-take-falmouth-s-stinkin-lincoln/article_16df9944-cf17-11e4-95d4-1fda017238c6.html
Troy’s Take: Falmouth’s Stinkin’ Lincoln
Apr 1
http://capecodtimes.com/article/20150401/NEWS/150409946
Falmouth selectmen OK deals to offset wind losses
Jun 4
http://www.capenews.net/falmouth/news/town-s-turbine-s-fate-up-in-the-air/article_aa010f7c-0aff-11e5-bb10-a770c3ce321d.html
Town’s Turbine’s Fate Up In The Air
Jun 17
http://capecodtimes.com/article/20150617/OPINION/150619603
Falmouth selectmen ignore will of Town Meeting
Aug 20
http://www.falmouthmass.us/agenda.php?depkey=zbadec&number=7519
Zoning Board denies Appellant the enforcement request for cease and desist enforcementSept 17
http://www.capecodtimes.com/article/20150917/NEWS/150919396
Falmouth zoning board orders turbine shutdown
Copy of decision filed with Town Clerk –http://www.falmouthmass.us/agenda.php?depkey=zbadec&number=7552Sept 29
http://m.capecodtimes.com/article/20150929/NEWS/150929407/101252/NEWS
SPECIAL TOWN MEETING
Falmouth selectmen try new tack to resume turbine operation
Oct 2
http://www.capenews.net/falmouth/news/neighbors-express-relief-at-temporary-turbine-shutdown/article_d1e6b545-09f6-56f3-8448-eadfd955f03f.html?mode=jqm
Neighbors Express Relief At Temporary Turbine Shutdown
Oct 19
http://www.falmouthmass.us/agenda.php?depkey=health&number=7580
Falmouth Board of Health issues letter making Zoning Board of Appeals and Falmouth Board of Selectmen aware the Health Canada study had been accepted for publication though not available to public yet. The BoH reported at the meeting that they felt it important not to generalize the responses of Falmouth residents given a broader statistically-supported list of health effect results.The BoH letter did not offer, nor represent any consensus recommendation on the matter of adverse health impact evidence experienced by nearby wind turbine residents. (*A reminder that regulatory findings should be supported by proof was included in the letter. However, absent from the letter was health board member Heufelder’s 2012 letter to the state Dept. of Public Health (DPH) requesting a site specific health complaint investigation by medical professionals. Absent from the letter was the DPH denial reply and reasons [cost]. This letter, given the absence of all relevant BoH information, suggested that without local proof the plausibility of adverse health effect has not been eliminated.)

Oct 21
http://www.capenews.net/falmouth/news/selectmen-withdraw-wind-appeal/article_d474c7b8-4ffe-53fc-894f-165c26fab724.html
Turbine Appeal Fails Due To Filing Error
Oct 29
http://www.capenews.net/falmouth/news/questions-raised-about-wind-permitting-construction/article_0ce7bc3f-8b24-5196-874f-091a11817b97.html
Hearing Begins On Special Permit For Town’s Turbine
Oct 30
http://www.capenews.net/falmouth/opinion/troy-s-take-when-the-irrational-becomes-the-absurd/article_3ea60be6-fb5b-57e2-81a1-c6dd7ee0c19a.html
Troy’s Take: When The Irrational Becomes The Absurd
Nov 10
http://www.capecodtimes.com/article/20151110/NEWS/151119960
Wind turbine bylaw faces delay
Nov 23
http://capecodtimes.com/article/20151123/NEWS/151129796
Wind turbine zoning hearing continued to Dec. 10
Nov 30
Zoning board of Appeals Open Meeting discussion regarding whether appellants took unreasonable delay for Wind 2 enforcement action that causes prejudice or disadvantage to the Town of Falmouth’.
http://www.falmouthmass.us/meeting.php?depkey=zone&number=7696
Board voted unanimously that:
– Parties in appeals 68-15 and 70-15 have standing
– Parties in appeals 68-15 and 70-15 did not have duty to inquire or possible knowledge of building permit issuance for Wind 2.
– Consensus by Board that Doctrine of Laches bars the matter of Wind 2 from getting to the substantive portion of appeal.The ZBA’s decisions held that appellants are barred from seeking zoning enforcement because of the doctrine of Laches (prejudice caused by unreasonable delay).Dec 1
https://mjoecool.wordpress.com/2015/12/01/planning-board-dismisses-wind-energy-bylaw-review/
Planning Board Dismisses Wind Energy Bylaw Review
Dec 4
http://www.capecodtimes.com/article/20151204/NEWS/151209770#ReaderReaction
Repayment on Wind 2 could include interest
If turbine shuts down, town may be on the hook for loan, additional chargesDec 10
http://www.falmouthmass.us/meeting.php?depkey=zone&number=7666
Doctrine of Laches prevents the Zoning Board from getting to the substantive portion of appellants appeals and bars residents from further requests for enforcement action (i.e. a request requiring the Town to apply for a special permit for Wind 2)

PERSONAL BACK STORY

A shroud of public distrust looms over Falmouth Town Hall leaders. The Court’s ruling that wind turbines in Falmouth shall gain a special permit has seen end-of-the-year challenges and the implementation of legal loop-holes. The community has been left with a growing suspicion that actions by Falmouth Selectmen prolong the community problem instead of allowing an appropriate solution be found.

Town leaders continue to fixate on, and are committed to perpetuating the mistake by targeting nearby turbine residents as the cause of this wind project siting mistake. An ‘above the law’ mentality prevails as represented by the Selectmen’s November Town Meeting bylaw change proposal to exempt town turbines. (see September 29 Cape News article)

Falmouth, before the town’s wind-burn debacle, was based in a culture of inclusion, participation and respect for citizen rights. 2015 continues to highlight a separation from these ideals. 2015 represents another year of measured betrayal of law and common decency.

It’s been reported to me that personnel from the town manager’s office staff have threatened board membership revocation of some of my friends that hold positions on other voluntary regulatory boards. What degree of political decency and integrity extends so farther that citizen volunteers should be forced to choose bonds of community friendship based upon forced political agendas?

Most would consider this action a most deplorable exercise of power.

As I welcome 2016, I think it only another act of betrayal.