FHMNA: EEA Public Hearing and Comments Requested by Jan 22, 2025; FHMNA Letter to Select Board

FHMNA: EEA Public Hearing and Comments Requested by Jan 22, 2025; FHMNA Letter to Select Board

Falmouth Landing Site for SouthCoast Wind cables are still on the table, but a new opportunity to express your opinion is now available. Note the information and links below.

FHMNA 1/3/2025 Letter to the Select Board:

To: Doug Brown; Nancy Taylor, Chair; Scott Zylinski, Vice Chair; Robert Mascali; Heather Goldstone; Michael Renshaw, Town Manager; Peter Johnson-Staub, Asst. Town Manager

RE: FHMNA / SouthCoast Wind – Article 97

Now that the Federal BOEM has approved the SouthCoast Wind project on the basis of all 2400 MW going to Brayton Point, including the variant of Falmouth in case of need, we are still potentially on the table as a prospective cable landing site.

In the meantime, as you may recall, last year (2024) the Commission on Energy, Infrastructure, Siting and Permitting (CEISP) issued a Survey and Request for Public Commentary in which many of us, including the town, participated. As you may also know, the CEISP subsequently made recommendations to the Governor’s office which resulted in Senate Bill No. 2967 “An Act Promoting a Clean Energy Grid, Advancing Equity and Protecting Ratepayers”, which was signed into law by the Governor on November 20, 2024.

This Act, among other things, has streamlined the Energy Facility Siting Board (EFSB) approval process of various clean energy projects. Previously, the approval process required state, regional, and local permits which will now be consolidated into a single permit from the state EFSB and a decision must be reached with 15 months to expedite the siting of clean energy projects.

NOW, I would like to bring to your attention that the Healey Administration is proposing significant changes to Massachusetts State Constitution Article 97 “An Act Preserving Open Space in The Commonwealth”. The new proposal (301 CMR XX.00 “Disposition of Change in Use of Article 97 Interests”) would weaken this article via policy changes which would make siting and permitting easier for offshore wind developers, or others. Article 97 was intended as a protection “for the people of the Commonwealth, to have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and esthetic qualities of their environment; and the protection to the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources and was declared a public purpose.”

It is our opinion that anything short of, or diminishing, this protection should not be considered.

On December 17, 2024, the Executive Office of Energy and Environmental Affairs (EEA) held its first Public Hearing on this matter. I’m not sure how many attended this hybrid meeting either in person or via Zoom, however, I feel that the notice of this meeting was not recognized by many and accordingly the period for questions or comments has been extended until January 22, 2025, and a second hearing scheduled.

A second public hearing is now scheduled for January 16, 2025, as per the following Notice: EEA Notice of public Hearing

Note the email address for public comment.
EEA will consider written comments that are received by 5:00pm on Jan 22, 2025. EEA encourages electronic submission of written comments to [email protected]
Please refer to 301 CMR 52 in the subject line.

Below is the 11-page draft of 301 CMR XX.00 “Disposition of Change in Use of Article 97 Interests”
EEA proposed changes to Article 97

We believe that it is in the best interest of the people of the Commonwealth, and specifically the people and Town of Falmouth, to preserve the constitutional rights afforded us under Article 97 and these should not be diminished in any way especially to the benefit of developers, wind or otherwise. We hope that the Town agrees with us on this matter and will take steps to prevent this action.

Respectfully submitted,

Dave Buzanoski , President
Falmouth Heights – Maravista Neighborhood Association

N.B. Minor typos in the original letter have been corrected here.