Library filed under Impact on People from Massachusetts
As Falmouth selectmen consider challenging a cease-and-desist order that left the community’s second wind turbine inoperable, they are taking into account all legal action surrounding the town-owned machines near Blacksmith Shop Road.
Falmouth Board of Selectmen halted operation of the town’s second wind turbine Tuesday, June 20, after a Barnstable County Superior Court judge deemed the town-owned power source a nuisance.
In this important ruling issued by Massachusetts Superior Court Judge Cornelius J. Moriarty II, the court ordered that the decision of the Falmouth MA Zoning Board of Appeals be affirmed to the extent that the operation of Wind 1 and Wind 2 constitute a nuisance and that the Town of Falmouth cease and desist operation of the wind turbines immediately. The full order can be accessed by clicking the document icon located on this page.
A Barnstable Superior Court judge on Tuesday ordered the town of Falmouth to shut down two town-owned wind turbines. ...In an emergency meeting Tuesday night, selectmen instructed the town manager to comply with Moriarty’s order.
Despite the 2013 Wind Turbine Bylaw prohibiting the existing turbine structures, and the zoning board’s 2016 permit denial for one of the turbines, I think town hall and wind turbine neighbors are destined to do this forever. Exposing perhaps the real victim in this David and Goliath paradox – Falmouth itself.
The Eagle editorial's implication that NIMBYism must not stand in the way of saving the planet is as irrational as it is unfounded. The hard-working politicians and administrators in the East have neither wind nor ridges in their backyards, so they pontificate to us out here in the Berkshires that we must (must!) accept wind turbines on every ridge if they say so. Or else.
"[Police] Officer confirmed that turbine noise in bedroom was excessive," the officer reported, but because the noise was coming from Plymouth, Plymouth police were called. Plymouth police told them to call the board of health, which passed the call along to the building inspector.
"During the big windstorm two weeks ago the sound of the blades was plainly audible inside my home, and my house actually vibrated," McGrath said. "My wife had to steady a television on the dresser upstairs as it moved toward the edge." McGrath says he doesn't want to make this personal. He wants data to be gathered, analyzed, and appropriate action taken.
Based on his experience living one mile from wind turbines, Lorusso became a community activist and documented through photography and stories and is sharing that with other communities considering installing wind towers. “These are being sold to us that they are saving the environment,” he said. “I am not anti-wind, I am pro-environment.”
“It [the project] will require the fragmenting of one of the largest blocks of undisturbed forest in western Massachusetts,” he said. “This project is about money — not about saving the environment.” “And then there’s the well-documented noise issues,” he said. “I’m convinced about 200 acres of our land will become undevelopable for residential use in the future.”
In a complaint filed in October, the Reillys wrote, "It has been over four years now that we have respectfully requested that the BOH order an abatement to eliminate the strobing impacts to our property which, as described back in 2012, 2013, 2014, 2015 and now here in 2016, adversely impacts our family's health and well-being."
Town meeting approved more money Tuesday for legal fees tied to the embattled municipal wind turbines. ...$260,000 is for costs tied to wind turbine lawsuits. The selectmen recently approved mediation to try to settle the bulk of the cases, but a suit brought by Barry and Diane Funfar is due to go to trial Thursday in Barnstable Superior Court. Two more cases are likely to go to trial in the spring, said Town Counsel Frank Duffy.
A handful of members of the Buzzards Bay Citizens Action Committee and their neighbors in Plymouth argued that the town’s lack of related health bylaws made it possible for the turbines to be built. Since the turbines started spinning in June, neighbors say they have disrupted their sleep patterns and caused stress.
It is truly unfortunate that people, all people, have not been made aware of the truths of the industrial wind turbine mandates and agenda. It is a costly experiment. It will never change global warming or climate change.
I find it interesting how several Falmouth residents continue to lambaste we neighbors of Falmouth’s wind turbines, categorizing us as “complainers.”
Wind turbine projects have previously been rejected in Wellfleet, Eastham, Orleans, Harwich, Dennis, Brewster, Barnstable and Bourne. Health concerns have been a major issue. A Superior Court judge, hearing neighbor’ complaints that wind turbine noise constituted an intolerable “nuisance” that was causing “irreparable harm,” issued an injunction to curtail operations. The “Falmouth experience” is not unique.
The majority of board members found fault with the application on more than one front, including the zoning requirement that the turbine known as Wind 1 will not have "adverse effects" on either the neighborhood or the town. Throughout the permit hearing, which stretched over a half dozen meetings and several months, neighbors of the turbine presented evidence on multiple fronts, including personal testimony, in an attempt to show the negative effects of the turbine.
Sarah Laurie, CEO of the Waubra Foundation in Australia, delivered this powerful speech before the Falmouth wind turbine demonstration held in Falmouth, MA on February 27, 2016.
Town counsel Jay Talerman responded by claiming that Kingston Wind Independence is in breach of its contract with the town - in part because KWI has failed to make several of its required monthly rent payments. He also claims that KWI is not in full compliance with either the Board of Health’s original abatement order or its second abatement order for shutdown of the turbine under certain conditions.
“There will be a lawsuit that will be filed shortly within Superior Court against Future Generation Wind,” Stephen Mealy, chairman of the Board of Selectmen, said Tuesday after the board returned from an executive session to map out a legal strategy against the wind energy company, which is now owned by ConEdison Solutions. The Bourne Board of Health has previously found that the turbines could affect Bourne residents.