Falmouth Wind 1 Turbine -Special Perm...

Falmouth Wind 1 Turbine -Special Permit - Missing Document Question

Posted in the Cataumet Forum

Jack Kelly

Jamestown, RI

#1 Feb 13, 2013
The Falmouth Community Wind Project Site Screening Report April 19,2005

This report was prepared by KEMA ECOLOGY AND ENVIRONMENT, INC
and funded by the Massachusetts Technology Collaborative.

The date is important for this report April 19,2005

Page 28 of the April 19, 2005 site review says : 6.2.2 a special permit is needed for the wind turbine.

The March 28,2005 Falmouth Energy Committee Meeting and the Select Board shows they were all aware of the draft of the Site Screening Report to be issued on April 19,2005.

See March 28,2005 Energy Committee Minutes. http://www.falmouthmass.us/meeting.php...

A review of the April 19 ,2005 screening report and review of the 3/28/2005 Falmouth Energy Committee meeting can only one conclusion can be drawn - They were required to have a Special Permit.

Today February 13 ,2013 the record of the April 19,2005 "Falmouth Community Wind Project Site Screening Report" is no where to be found !

1.The Town of Falmouth Energy Committee has no reference to the document April 19,2005

2. The Consensus Building Institute (CBI) during to WTOP, Falmouth Wind Turbine Option Analysis Process never got the information for the April 19,2005 report.

3.The pdf file for the report will not allow access : www.masstech.org/.../comm_wind/falmouth/falmo...

This document proves that a Special Permit was required for Falmouth Wind 1 (commercial wind turbine)page 28 section 6.2.2

Why out of all the documents for the Vestas V 82 Commercial Wind Turbine is this one document missing ?
Jack Kelly

Jamestown, RI

#2 Feb 13, 2013
Energy Committee and Select Board meet 3/28/2005 three weeks before the issuance of the April 19,2005 "Falmouth Community Wind Project Site Screening Report"
At the Energy Committee and Select Board meeting 3/28/2005 they discuss the draft of the "Falmouth Community Wind Project Site Screening Report"
Energy Committee Minutes
Energy Committee Minutes for: 03-28-2005
Hard to read? Click here to view Minutes alone.(Opens in a new window)
Monday, March 28, 2005 10:00 Meeting in Selectmen’s Room, Town Hall, Falmouth, to discuss the KEMA draft site screening report of March 2. John Abe presented the summary of the report, the first of the two-part feasibility study of utilizing the wind at the wastewater treatment plant, and asked for comments and questions about what Falmouth wants for the final report. At the end of the meeting he asked for all our comments to be sent to him by next week, Friday (Apr 8) ; he will then submit an outline for the feasibility study and a timeline for further discussion from the town and for involving the community. Meeting was attended by:
John Abe, KEMA, Inc, Author of the Site Screening Report (Feasibility Study)
Dick Elrick, Massachusetts Technology Collaborative, Sponsor of the Feasibility Study
George Calise, Engineer for the Town of Falmouth
Ahmed Mustafa, Chair, Falmouth Selectmen
Kevin Murphy, Falmouth Selectmen
Bob Whritenour, Falmouth Town Administrator
Megan Amsler. Co-Chair, Falmouth Energy Committee
Joan Muller, Co-Chair, Falmouth Energy Committee
Ursula Boyce, Falmouth Energy Committee
Joe Hackler, Falmouth Energy Committee Advisor
Dick Koehler, Falmouth Energy Committee Advisor
Jack Kelly

Jamestown, RI

#3 Feb 13, 2013

Falmouth turbine case in hands of judge

February 05, 2013
A Barnstable Superior Court judge hopes to make a ruling on a long-standing controversy over the permitting of one of Falmouth's town-owned wind turbines before April.

Attorneys for Falmouth and the plaintiffs who sued the town over the 1.65-megawatt Wind 1 rested their cases Monday after two town officials testified.

In the suit, six plaintiffs — all Falmouth residents who live near two turbines at the wastewater treatment facility on Blacksmith Shop Road — are challenging a 2011 ruling by the town's zoning board of appeals that affirmed building commissioner Eladio Gore's approval of the turbine without a special permit.

Todd Drummey, Mark Cool, Brian Elder, Barry Funfar, Lawrence Worthington and Robert Laird want a cease-and-desist order on the operation of Wind 1 until it receives a special zoning permit. The suit has been consolidated with one brought by Neil and Elizabeth Andersen on the same grounds.

A town zoning bylaw requires windmill projects to receive a special permit from the zoning board, but Gore exempted Wind 1 from that stipulation under a different bylaw that allows the town to bypass the special permitting process for "all municipal purposes."

"I determined that the wind turbine was (for) a municipal purpose," Gore testified on Monday. "Therefore, it was allowed."

When the question of whether Gore could bypass the permit came before the zoning board in February 2011, three of the four members voting said he needed the special permit. But because two members had recused themselves from the vote, the board didn't have the required four votes to overturn Gore's decision.

During more than an hour of testimony on the trial's second and final day, Gore said he uses town zoning bylaws and state building code to decide whether or not to grant permits and to determine which projects require special zoning board permits.

"I first consider who the owner is," Gore said about the permitting process. "I consider what it is going to be used for."

Gore, who began serving as Falmouth's building commissioner in 1990, said he considered the turbine to be a principle use for the wastewater treatment plant, rather than an "accessory use," which might require a special zoning board permit.

Before Gore took the stand, Falmouth Water Superintendent Amy Lowell testified that the wastewater treatment plant uses between a quarter and a third of the electricity produced by the turbines and sells the rest back to the regional electrical grid.

After Frank Duffy, Falmouth's town counsel, rested his case, Judge Robert Rufo said he will accept additional material from both sides until March 1. From then, he hopes to have a ruling on the case within 30 days.
Jack Kelly

Jamestown, RI

#4 Feb 13, 2013
Jack Kelly

Jamestown, RI

#5 Feb 13, 2013
Code of Falmouth, Section 240


§ 300-5. Public hearing; notice.
Before the Board takes any action to grant, modify or disapprove a special permit, the Board shall hold a public hearing at which parties of interest shall have an opportunity to be heard in person or by agent. Notice of the time and place of the public hearing and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the Town once in each of two (2) successive weeks. The first publication shall be not less than fourteen (14) days before the date of the public hearing. Notice of the hearing shall be mailed within one (1) day of the first publication to all parties of interest.

§ 207-1. Public hearing regarding use required.
§ 207-2. Publication of notice; comments from Town boards.§ 207-3. Joint hearings.

[HISTORY: Adopted by the Town of Falmouth AFTM 11-18-2002, Art. 9. approved 3-13-2003. Amendments noted where applicable.]
Board of Selectmen — See Ch. 65.
§ 207-1. Public hearing regarding use required.
To ensure the most appropriate use of Town land and to allow for citizen participation in the planning and preliminary design of important building projects, the Town hereby requires the Board of Selectmen to conduct at least one public hearing regarding the potential use of any Town parcel to be used for municipal purposes, including but not limited to public buildings, public works, schools, parks, marinas or similar projects.
Jack Kelly

Jamestown, RI

#6 Feb 14, 2013
April 19,2005 Falmouth Community Wind Site Screening - Section 6.2.2 Pg 28 Special Permit
falmouthwindscreenin g.pdf
Jack Kelly

Jamestown, RI

#7 Feb 16, 2013
Here is another company that says you need a special permit .
Page 41 Special Permit or variance is necessary Falmouth
Jack Kelly

Jamestown, RI

#8 Mar 17, 2013
The Special Permit ruling should be out before April 1,2013

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