Falmouth Zoning Board Faces Tension Over Wind Turbine Noise and Health Concerns
- Meeting Overview:
The Falmouth Zoning Board of Appeals meeting on September 17, 2015, was dominated by discussions over the noise and health impacts of wind turbines at the town’s wastewater treatment facility. Appeals were filed by residents who argued the turbines, known as Wind One and Wind Two, were operational without proper permits and had become a nuisance due to excessive noise, violating zoning bylaws. The board addressed various concerns, including the turbines’ noise levels, health implications, and the town’s permitting process.
A significant portion of the meeting focused on appeals related to the wind turbines, emphasizing the distress they have caused local residents. Residents, including Baran and Diane Funfar, presented testimonies describing the noise from the turbines as akin to “the repetitive takeoff of jet planes,” severely impacting their quality of life. The board affirmed the Funfars’ appeal, acknowledging the turbines as a nuisance and citing substantial noise that disrupted the appellants’ peaceful enjoyment of their property. Testimonies from residents further detailed the health issues experienced, such as insomnia and psychological disturbances, directly attributed to the turbine operations.
In particular, the Anderson appeal highlighted a preliminary injunction issued by Judge Muse, restricting the operation of both Wind One and Wind Two to daytime hours and prohibiting operation on Sundays and specific holidays. This legal action was based on evidence of “substantial and continuous insomnia” and other health issues linked to the turbines. The board’s decision underscored the turbines’ violation of zoning laws due to the absence of necessary special permits, emphasizing the town’s failure to adhere to its protocols for evaluating noise impacts.
The historical context of the turbines’ installation was scrutinized, revealing discrepancies in the turbines’ size and output compared to initial proposals. The turbines constructed were much larger and more powerful than originally planned, leading to concerns over their suitability as accessory uses under the zoning bylaws. Residents were not informed of this significant change, which exacerbated the community’s grievances.
The meeting also delved into the town’s procedural missteps, noting that a comprehensive analysis of noise impacts, as mandated by the zoning bylaws, was not conducted before the turbines became operational. This oversight sparked further debate about the town’s good faith in handling the wind turbine project and its adherence to zoning requirements.
The resident described the noise as resembling a jet plane, particularly during high winds, leading to discomfort and necessitating appeals to the Board of Appeals for remedial action. Despite acknowledging the issues, town officials reportedly insisted they could not shut off the turbines.
Legal representatives for the Andersons argued that the Building Commissioner had a duty to enforce zoning bylaws and issue cease and desist orders for the turbines. The attorney emphasized that Wind One was operating without a special permit, constituting a zoning violation, and urged the board to recognize Wind Two’s similar legal status. Criticism was directed at the Building Commissioner for allegedly misinterpreting court orders and failing to take necessary actions to address the turbines’ impact.
The board noted a lack of transparency and communication from the town, particularly concerning the operational status of the turbines and the absence of formal special permit applications. The ongoing operational issues and community grievances over the turbines’ effects highlighted the need for a more comprehensive and transparent approach to addressing the wind energy project’s challenges.
Zoning Board Officials:
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
09/17/2024
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Recording Published:
11/26/2024
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Duration:
110 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Barnstable County
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Towns:
Falmouth
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