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Eight pending suits involving turbines may head to mediation
Credit: By Carrie L. Gentile | The Falmouth Enterprise | August 12, 2016 | www.capenews.net ~~
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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.
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