Eight pending suits involving turbines may head to mediation

Town counsel Frank K. Duffy Jr. said he is in talks with multiple attorneys regarding Falmouth’s wind turbines, following a selectmen’s decision to pursue mediation.

Eventually, the parties need to agree on a mediator and who will represent each side during the talks, he said.

Selectmen Chairman Douglas H. Jones said at a recent selectmen’s meeting that the litigation process has gone on long enough regarding the operation of the structures. The board met in executive session and voted in favor of talking with plaintiffs as a means to resolve several lawsuits.

The suits include claims of zoning violations and nuisance to private property. In some cases, the Town of Falmouth is suing the Town of Falmouth’s zoning board for decisions regarding the turbines.

Most of the suits have been filed by neighbors of the two 1.65 megawatt turbines located at the town’s wastewater plant off Blacksmith Shop Road. They were erected between 2010 and 2011.

The 397-foot tall turbines were built to power the wastewater facility and produce renewable energy credits. But neighbors have complained about adverse health effects and devaluing of their properties and have pursued many options to get them to stop spinning.

To date, these are the list of suits filed against Falmouth.

Neil Andersen and Elizabeth Andersen v. Town of Falmouth

Property: 211 Blacksmith Shop Road

Barnstable Superior Court – private nuisance action

Filed September 24, 2012;

Brian Elder, et al, v. Town of Falmouth

Property: 161 Blacksmith Shop Road

Barnstable Superior Court – private nuisance action

Filed March 21, 2013;

Town of Falmouth v. Andersen and Falmouth Zoning Board of Appeals (ZBA)

Property: 211 Blacksmith Shop Road

Barnstable Superior Court – appealing a decision of ZBA finding wind turbines are a nuisance at property

Filed June 2013

Trial scheduled for September 12;

Town of Falmouth v. Funfar and ZBA

Property: 27 Ridgeview Drive

Barnstable Superior Court — appealing decision of ZBA finding wind turbines are a nuisance at property

Filed January 2014

Trial scheduled for November 16;

Linda Ohkagawa v. Town of Falmouth

Property: 821 West Falmouth Highway

Barnstable Superior Court – private nuisance action

Filed February 2015;

Laird, Elders, Drummey, Ohkagawa, Funfars and Andersens v. Town of Falmouth and ZBA

Property: Wind Turbine 1

Barnstable Superior Court – Follows an Appeals’ Court decision; The Falmouth Building Commissioner issued an order to the Town to apply to the ZBA for a special permit for Wind 1; declined to issue a cease and desist order for Wind 1. ZBA affirmed commissioner’s order and plaintiffs appealed

Filed September 2015;

Diane and Barry Funfar and Linda Ohkagawa v. ZBA

Property: Wind Turbine 2

Barnstable Superior Court – appeal of a decision of the ZBA denying a cease and desist order for Wind 2, because petition filed late

Filed December 2015;

Town of Falmouth v. Kimberly Bielan, members of the ZBA, et al

Property: Wind 1

Massachusetts Land Court – appealing ZBA decision denying special permit for Wind 1

Filed April 2016

Two cases resulting with the appeals court reversing the decision of Barnstable Superior Court that a special permit was not needed to build Wind Turbine 1 are complete. The town’s petition for further appellate review was denied last June and an application for a special permit from the ZBA was also denied.

Three other cases have been dismissed.