CAUSE FOR CELEBRATION – FOR SOME … CONFUSION FOR OTHERS

After languishing in legal limbo for seven years, Falmouth’s Board of Selectmen have been cast into a wind tunnel of its own making. The Court’s decision directing the Town of Falmouth to “cease and desist the operation of the wind turbines forthwith” leaves the Board of Selectmen seeking options

Falmouth's Firetower Wind

After languishing in legal limbo for seven years, Falmouth’s Board of Selectmen have been cast into a wind tunnel of its own making. The Court’s decision directing the Town of Falmouth to “cease and desist the operation of the wind turbines forthwith” leaves the Board of Selectmen seeking options.

The Court affirmed Falmouth’s ZBA decision (both turbines being a nuisance) based on the following Town Claims:
– the Board was wrong to apply the 6dB(A) standard (instead of the DEP’s 10dB(A) allowance) [residents of Falmouth are governed by Falmouth Bylaw and Falmouth’s Wind Turbine noise standard is 6dB(A)]
– The Board was wrong to allow itself to find a nuisance where there was no expert/medical testimony; [none legally needed or required for nuisance claims in MA]
– The Board had no “causal connection” between the turbines and the claimed distress; [the ZBA & the Court believed the connection clear]

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