TIMELINE OF FOLLY
October 15, 2018
During Public Comment to the Falmouth Board of Selectmen, a warning was given by a resident to the board that Wind 2 required the certainty of an official zoning classification (declaring a structure non-conforming with local zoning bylaw or a structure non-complying with zoning bylaw). It was explained to the board that the zoning enforcement request submitted for Wind 1 (December 2017) resulted in Falmouth Building Commissioner Palmer’s determination that Wind 1’s zoning classification, without the protection of the required zoning special permit, was a non-complying, unlawful structure.
It was further explained to the board that the building commissioner’s response to a zoning enforcement request submitted for Wind 2 (June 2018) did not address nor determine a Wind 2 zoning classification even though the resident filing the enforcement request claimed Wind 2, similarly not protected by a zoning special permit, was also a non-complying, unlawful structure.
November 4, 2018
Following up on the matter, an e-mail was forwarded to Falmouth’s Board of Selectmen wherein a Falmouth resident requested the board to ascertain and make public the official zoning classification for Wind 2.
January 11, 2019
To date, there has been no response to the e-mail request, nor has there been public announcement of Wind 2’s zoning classification by anyone in Falmouth Town Hall. Essentially, Wind 2’s zoning status, (lawful or unlawful) is undetermined.
January 14, 2019
Falmouth’s Board of Selectmen will discuss and vote on whether to move Wind 2 to an alternative Falmouth Waste Water Treatment Plant site or to a site for use outside of Falmouth. The consultant to the Town of Falmouth reported to the Falmouth Board of Selectmen (October 15, 2018) that moving the wind turbine to the consultant recommended alternative site on the Waste Water Treatment Plant property would carry an upfront cost of 3 million dollars.
To be able to consider any relocation of Wind 2 to any location in Falmouth, even before filing a special permit application, the Town of Falmouth must establish, pursuant Article XXXIV Wind Energy Systems, that Wind 2 is/has been lawfully in existence [zoning classification of non-conforming or conforming status] as of the effective date of said article (April 2013). If successfully established, Wind 2 shall be considered lawfully in existence and may apply for a special permit. Note: Wind 2 began construction/operation without a special permit governed by the old Windmill Bylaw (§ 240–166 adopted 1981) Oct 2010 / Feb 2012 respectively).
(‘are you ready for some folly-ball?’)
The Falmouth Board of Selectmen intend discussing and voting to potentially relocate a major piece of municipal infrastructure, at an upfront cost to taxpayers of 3 million dollars, while an official zoning classification of the wind turbine structure goes without address or determination.