In his response to Barry A. Funfar’s complaint regarding Wind 2, Falmouth Building Commissioner Rodman L. Palmer said the wind turbine has not been abandoned.

In his letter, Mr. Funfar alleged Wind 2 violated Chapter 240 Section 3B of the zoning bylaws, and since it has failed to operate for more than 12 consecutive months, it should be considered abandoned.

Wind 2 was shut down in June 2017, after Barnstable County Superior Court Judge Cornelius J. Moriarty II upheld a zoning board of appeals decision deeming the turbines a nuisance.

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.

He added that he does not consider the property abandoned by the town.

“While it is not currently operating, the town is performing periodic maintenance to preserve it for relocation,” Mr. Palmer wrote. “The Town Manager has informed me that he has engaged an engineering firm to assess other locations for the removal and future operation of Wind 2.”

According to the response, Town Manager Julian M. Suso agreed to provide Mr. Palmer with a status report regarding Wind 2 by January 31, 2019.

(2) comments

m cool

This building commissioner response requires investigation! Wind 1’s enforcement complaint (Dec 2017) was filed after the six year enforcement provision of G.L. c. 40A, s. 7 (Wind 1’s building permit - June 2009). Mr. Palmer classified Wind 1 as a non-complying structure and ordered it dismantled and removed. His action now is inconsistent with his action then… WHY?

FrankHaggerty

Falmouth Wind II Needs A Special Permit Federal EPA Waiver 2010

Falmouth, Massachusetts USA --

https://www.federalregister.gov/documents/2010/04/27/2010-9751/notice-of-a-regional-project-waiver-of-section-1605-buy-american-of-the-american-recovery-and

Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Falmouth, MA

The Town of Falmouth, Massachusetts (MA) is proposing to construct a foreign manufactured Vestas model V82, 1.65 megawatt (MW) wind turbine generator at the Town's wastewater treatment facility located at 154 Blacksmith Shop Road, a 314 acre town owned site in Falmouth, MA. This proposed wind turbine would be the second one installed and commissioned at the site although the existing wind turbine was not funded through the ARRA. The Town of Falmouth is requesting a waiver for the purchase of a 1.65 MW wind turbine comprised of all turbine components, including, but not limited to: The blades, the nacelle (i.e. cover housing that holds the equipment within a wind turbine), the gear box, low and high speed shafts, generator, controller, and brake. The wind turbine is manufactured by Vestas of Denmark, and meets project design and performance specifications. The total estimated cost to furnish, install and commission the proposed wind turbine is approximately $4.3M.

Based on information provided to the EPA, the Town of Falmouth has taken the necessary steps to obtain all required local, state, and federal approvals to move forward with the proposed project. The Town of Falmouth has adopted a local ordinance regulating large scale wind turbines. According to the submittal, Zoning Article XXXIV, Chapter 240, Section 240-166 requires a Special Permit for windmills with minimum setback from property lines. The setback requirements of the ordinance states that “On the lot of the petitioner there shall be an area sufficient so that a circle, the center of which shall be no less than the height of the tower as measured from the base of the tower to the uppermost of the blade, or tower, whatever is greater plus 10 feet, may be drawn and be completely within the petitioner's land.”

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