Library from Massachusetts
The disassembly marks at least the third time in the last four years that the Applied turbine — the tallest of the three within the industrial park — has been shut down for an extended period of time.
Barnstable Superior Court Judge Cornelius Moriarty had deemed the turbines at the town's wastewater treatment facility a nuisance and ordered that they be permanently shut down in June 2017. The selectmen voted not to appeal the decision. ...The Green Center then appealed Moriarty’s ruling to the Massachusetts Appeals Court but again failed to gain any traction, with a panel of three judges upholding Moriarty’s decision.
The Massachusetts Appeals Court upheld a lower court's decision to deny intervention involving action between the town of Falmouth and the Falmouth zoning board of appeals in which judgment had already entered. The judgment declared that two wind turbines operated by the town were a nuisance and ordered that their operation cease and desist. The proposed interveners claimed that they were entitled to intervention as of right because they had compelling interests that were no longer being adequately represented by the town. The lower court ruled, and the appellate court affirmed that the motion be denied since the interveners could not likely establish standing, and that the motion was untimely. A portion of the 10-page order is provided below. The full order can be accessed by clicking the links on this page.
Gov. Charlie Baker wrote to Secretary of the Interior Ryan Zinke on Thursday to ask him to consider eliminating the highest-priority fishing areas from future leases for offshore wind, particularly in the New York Bight, a heavily fished area south of Long Island.
“In the final analysis, Vineyard Wind was not willing to commit to Yarmouth to do the things that our community was asking for,” Holcomb said. The town’s questions went unanswered by Vineyard Wind, Yarmouth Town Administrator Daniel Knapik said. ...“Right now, we are really not moving ahead with anything,” Holcomb said of the town’s interactions with Vineyard Wind.
With no progress toward securing payments due the town of Kingston, the owners of the Independence wind turbine have been given a 30-day deadline to pay up or risk suspension of site plan approval.
This important letter to the Town of Falmouth (Massachusetts) explains how the relocation of the Wind 2 turbine would result in continued noise violations. The author, Robert Rand, an acoustician experienced in turbine noise, warned that the turbine would need to be situated at least 2923 feet from the nearest neighbor in order to remain in compliance with governing noise regulations. The letter is posted below and accessible by clicking the document icon on this page. The supporting evidence is included with the document.
The town is contractually obligated to buy power from owners of the privately owned Wind 2 turbine. But that electricity, at $116/MWh, is twice the cost of the ELD’s averaged portolio ...“Therefore, if anything, the rates will experience some very limited relief from this event.”
After years of hearing complaints of noise, headaches and sleep deprivation, the Bourne Board of Health declared Wednesday that the four wind turbines across the town border in Plymouth are negatively affecting public health.
The terms of the lease were set in September 2016, when all three companies vying for state offshore wind contracts committed to use the New Bedford Marine Commerce Terminal under the same terms if they were selected.
The fire was confined to electrical equipment on the first floor, said Fire Chief Andy Theriault afterwards. “There was no extension,” he added. Theriault said smoke filled up the tower and eventually vented from the top of the 260-foot structure.
One of the two wind turbines under a court order never to operate at their current spot may spin again on the wastewater treatment plant property, a little less than a half mile north from where it now stands. Accomplishing the move, however, would cost the town just over $3 million and isn’t likely to appease critics of the turbine’s current location.
Weston and Sampson, engineers hired by the town to look at logistics and costs related to dismantlement and removal of the turbines, are scheduled to present their findings to selectmen Monday at 8 p.m., during the board’s regular meeting in Town Hall.
Barnstable and Vineyard Wind officials have signed a host community agreement that includes $16 million in payments to the town in return for the offshore wind energy developer landing a high-voltage electric power transmission cable at William H. Covell Memorial Beach rather than via a disputed route through Lewis Bay in West Yarmouth. But a final decision on the transmission cable route, the landing location and other details is still to be determined.
The proximity of the men’s grant areas means their oysters, which total about 3,250,000, could be smothered by sand and silt that’s stirred up when Vineyard Wind lays the cable, the letter contends. Although Vineyard Wind officials have met with the shellfishermen multiple times and proposed solutions that include installing silt curtains while work is conducted, there’s no evidence those solutions will work, according to the letter.
A September report from Bank of America Merrill Lynch indicated that the federal Bureau of Ocean Energy Management would approve projects like Vineyard Wind in a timely manner, Beane said. The report said timing of permitting affects whether offshore wind developers can take advantage of federal investment tax credits that are expected to expire in 2024.
A resident filed an enforcement action request (June 2018) alleging Wind 2 violates Chapter 240 Section 3B of the Falmouth Zoning Bylaw (the local provision copied from M.G.L. c. 40A, s. 7).
Funfar’s lawyer James Rosenblum argued that Wind 2 is the same make and model as Wind 1, and neither was ever issued a special permit from the zoning board. The lack of a special permit had never been legally challenged in court for Wind 2, as it had for Wind 1, “but that doesn’t mean Wind 2 is a legal structure,” Rosenblum said. “The structure had a legal building permit but doesn’t have a legal special permit and never did,” he said.
In his response, Mr. Palmer said this regulation does not apply to Wind 2 because of when it was installed. The letter indicates Wind 2 was issued a permit and became operational in February 2012. “The building permit and the date of initial operation are both beyond the six year enforcement provision of G.L. c. 40A, s. 7 for structures erected in reliance upon a building permit,” Mr. Palmer wrote.
As local opposition to a proposed high-wattage transmission cable intensifies, Yarmouth selectmen have rejected a second offer by offshore energy company Vineyard Wind to pay for costs incurred as the town considers a host community agreement with the company.