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Town of Bourne v Future Generation Wind LLC

This enforcement action was brought by the Town of Bourne in Massachusetts acting through its Board of Health. The purpose of the action is to require compliance with the Town's duly adopted Wind Energy Conversions System Regulations for a wind turbine system on land in the Towns of Bourne and Plymouth. The Town of Bourne seeks a Declaratory Judgment ruling that the wind turbine project is subject to the provisions of the Town's Board of Health Regulations and orders requiring the Defendant, Future Generation Wind, LLC to comply with the requirements of the Regulations. A portion of the complaint as filed is provided below. The full complaint can be accessed by clicking the link(s) on this page.

 

FACTUAL ALLEGATIONS

4. On August 10m 2912, the Bourne Board of Health exercised its authority pursuant to General Laws Chapter 111, Section 31 and 122 to adopt Wind Energy Conversion Regulations, a copy of which is attached hereto and incorporated by reference as Exhibit “A”.

5. Bourne’s Wind Energy Conversation System Regulations prohibit the construction of installation of Wind Turbines in the Town of Bourne unless they comply with the Town’s Regulations.

6. On or about April 15, 2015, the Defendant, Future Generation Wind, LLC , recorded a Notice of Lease with a term of twenty (20) years, with rights to extend for uo to thirty (30) years , of land in the Towns of Bourne and Plymouth at the Barnstable County Registry of Deeds at Book 28802, Page 270. Exhibit “B.”

7. A portion of the land leased by the Defendant, Future Generation Wind, LLC, located in the Town of Bourne is described in the Notice of Lease identified in Paragraph 6, supra, and recorded at Barnstable County Registry of Deeds in Book 28802, Page 270. The Notice of Lease references a Plan recorded at Barnstable County Registry of Deeds at Book 629, Page 34 entitled “Plan of Land in Bourne & Plymouth,” dated January 27, 2009. See, Exhibit “C.”

8. Future Generation Wind, LLC has constructed three wind turbines, each approximately 500 feet tall, on the leased land and is preparing the turbines for operation.

9. Future Generation Wind, LLC has acknowledged to the Board of Health that the operation of the turbines will have effects within the Town of Bourne.

10. Bourne’s Wind Energy Conversation System Regulations require: “Any person who intends to construct or install a WECS much first provide Written notice to the Board of Health. The notice must be accompanied by adequate information for the Board to review the potential that the WECS has for causing adverse health effects and shall include none (9) criteria. See, Exhibit “A.”

11. Bourne’s Wind Energy Conversion System Regulations require compliance with Performance Standards on “Noise,” “Modulation,” “Shadow Flicker,” “Abandonment,” “Emergency Access,” and “Security.”

12. Public Health requirements and the public interest compel the production of information that enables the Board of Health to make affirmative determinations that the proposed WECS meets these Performance Standards.

13. Defendant, Future Generation Wind, LLC, has failed to file the Notice to the Board of Health that is required by Bourne’s Wind Energy Conversion System Regulations.

14. The public interest requires that the Defendant, Future Generation Wind, LLC, honor and respect Bourne’s public health regulations.

PRAYER FOR RELIEF

Wherefore, the Plaintiff, Town of Bourne, acting through its Board of Health, respectfully requests the following relief from this Honorable Court:

A.    A Declaratory Judgment declaring that the Defendant, Future Generation Wind, LLC is subject to the requirements of the Wind Energy Conversion System Regulations promulgated by the Board of Health of the Town of Bourne;

B.    A Declaratory Judgment declaring that the Defendant, Future Generation Wind, LLC, must comply with the requirements of the Wind Energy Conversion System Regulation of the Town of Bourne;

C.    An Order compelling Future Generation Wind, LLC to file a “Notice to Board of Health” as required  by Bourne’s Wind Energy Conversion System Regulations;

D.    A Temporary Restraining Order prohibiting Future Generation Wind, LLC from operating the Wind Turbines until the Massachusetts limited liability company files a “Notice to Board of Health” as required  by Bourne’s Wind Energy Conversion System Regulations;

E.    A Temporary Restraining Order prohibiting Future Generation Wind, LLC from operating the Wind Turbines until the Bourne Board of Health determines that the Massachusetts limited liability company’s project complies with Bourne’s Wind Energy Conversion System Regulations;

F.    A Permanent Injunction prohibiting Future Generation Wind, LLC from operating the Wind Turbines until the Bourne Board of Health determines that that Future Generation Wind, LLC, is in compliance with Bourne’s Wind Energy Conversion System Regulations; an 

G.    Whatever further relief this Honorable Court determines is just and appropriate.

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Bourne Complaint

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FEB 9 2016
http://www.windaction.org/posts/44315-town-of-bourne-v-future-generation-wind-llc
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