Falmouth Wind Turbine Victims Owed One Million Dollars

Diane and Barry Funfar were living the American dream of home ownership in Falmouth until the installation of two foreign-made Vestas 110 decibel megawatt industrial wind turbines between 2010 and 2012.

In 2005 the Town of Falmouth had a study done by KEMA Inc that showed on a map one General Electric domestic wind turbine would break state noise guidelines and the town needed a special permit. General Electric refused to build a single wind turbine because of residential setbacks and ice throw.

Town and state officials went forward ignoring the 2005 KEMA Inc study installing the Vestas turbines despite emails and written warnings from Vestas of America. Falmouth Wind I the first turbine was originally owned by the Massachusetts Technology Collaborative now the Massachusetts Clean Energy Center they had all the specifications. Documents make its clear state and town officials knew prior to the installations the turbines were too loud for nearby residents.

Federal officials also failed by lending American Recovery and Reinvestment Act of 2009 funds to the Town of Falmouth creating a substantial and specific danger to public health or safety related to the implementation or use of covered funds.

ARRA funds can only be used to buy American and put Americans to work unless a waiver is filed with the US EPA. A waiver was filed saying no domestic wind turbines were available but intentionally left out the fact General Electric a domestic wind company refused over setbacks, ice throw, and a special permit was required.

Vestas of America, town, state, federal and even officials from the state semi-quasi Massachusetts Clean Energy Center knew prior to construction the turbines were too loud and never filed a special permit to install the turbines.

In June of 2017, the Massachusetts courts shut down the nuisance turbines and the town insurance company settled with the victims for a minuscule amount of money.

On February 6, 2019 well after the prior insurance settlements with the wind turbine victims Massachusetts Governor Charles D. Baker admitted to Congressman Thomas M. McClintock of California at Congressional hearings they screwed up. Quote from Gov. Baker: “I think, sometimes when something doesn’t go the way it should go, everybody blames the concept,” he said. “Well, sometimes, we just screw up the way we actually implement it, which makes the concept look bad.”

Massachusetts Governor Baker admitted the Falmouth wind turbine project was screwed up.

The two massive wind turbines still remain in place in violation of the town bylaws as they should have been removed after one year.

The two turbines still plague the Funfar family as every time they look out their windows at night they see the large airplane blinking red warning lights on top of the 400-foot turbines that look the size of a Volkswagon. A constant reminder of what neighbors describe that noise as torture.

The Funfar family spent up to $100,000.00 a year for the past eight years hiring attorneys, law firms, travel expenses and leaving their house for long periods of time because of the two types of noise from the wind turbines. Barry Funfar could not work outdoors in his garden while the turbines operating.

With the recent admission by Governor Charlie Baker of the wind turbine screw-up, it's time for the federal, state, town and semi-quasi state agency to reimburse the Funfar family their total legal expenses.

Massachusetts has law firms and attorneys that work off a contingency fee contract. The law firm receives compensation from the settlement proceeds, if any, based on a percentage usually around one third. This type of contingency contract saves the plaintiff any upfront money and owes nothing if the law firm loses.

The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. Governor Baker admitted the screw-up.

Section 1983 only allows you to sue for actions taken “under color of state law.” This means that your rights must have been violated by a state or local officials. This includes people who work for the state, city, county or other local governments. It applies when someone acting “under color of” state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.

The Funfar family for eight years had their health and property rights taken from them in which local, state and federal officials knew in advance.

Massachusetts Governor Charles D. Baker Jr. admitted the Falmouth wind turbine "screw-up."

Diane and Barry Funfar had to remortgage their home and spend their life savings to protect their health and property rights.

They will never get back the health effects from the wind turbines now its time for state and local officials to pay back the up to one million it cost this family.

WindTurbineSyndrome
Published on Feb 11, 2019

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Host David Moriarty speaks with guests Barry Funfar, Falmouth MA resident, and Frank Haggerty, New England Environmentalist, about the national news exposure in February 2019 that led to the Governor of MA Charlie Baker being called to testify in front of Congress as to what happened with Falmouth MA USA and its two Vestas wind turbines. Two mega watt industrial turbines installed in 2010 at great cost for the town waste water treatment plant now inactive by court order after neighbors living nearby sued. Multimillion dollar loans need to be paid back to the Commonwealth by a town of just over 30,000 residents. Originally cablecast on Falmouth Community Television FCTV-13.