(FHMNA Note: See below the printed letter for links to read the full BOEM approval, the proposed revision to Article 97, and the email address to send your comments.)
Letter to the Editor as published in The Falmouth Enterprise on 1/10/25, pages 4 &5:
“SouthCoast Wind and Article 97”
We write in response to Mark Cool’s letter “Hot Air and Empty Talk” in the Jan. 3 Falmouth Enterprise.
We very much appreciate Mr. Cool’s commentary with respect to the U.S. Department of the Interior (DI), Bureau of Ocean Energy Management’s (BOEM) approval of the SouthCoast Wind project, and his comments regarding Article 97 of the Massachusetts State Constitution.
As Mr. Cool points out, this approval comes as no great surprise, in that BOEM has thus far approved all such projects which have come before it, albeit with some minor changes, and it does not as yet eliminate Falmouth as a prospective cable landing site.
The DI/BOEM approval as issued states in part:
“… preferred offshore export cable corridor (ECC) making landfall at Brayton Point, Massachusetts with an intermediate landfall on Aquidneck Island, Rhode Island. This preferred ECC to Brayton Point would be used for both Project 1 and Project 2 in the Lease Area. The Project would also include one variant ECC which, if used, would make landfall and interconnect to the ISO New England Inc. (ISO-NE) grid in the town of Falmouth, Massachusetts. In the event that technical, logistical, grid interconnection, or other unforeseen challenges arise during the design and engineering phase that prevent Project 2 from making interconnection at Brayton Point, Project 2 would use the Falmouth variant ECC11 and make landfall and interconnect in Falmouth, Massachusetts…”
With respect to Massachusetts Constitution Article 97, as Mr. Cool points out, various park lands in Falmouth Heights (including Worcester Park) are Article 97 lands, as acknowledged by SouthCoast (see Mayflower) in their filings. Article 97 is one of the very few protections we, the citizens of the Commonwealth, have with respect to the clean environment, open space, natural, scenic, historical and aesthetic qualities, etc.
Article 97 was approved by the voters of the Commonwealth in 1972 and only eventually enacted in November 2022, and it is stipulated therein that such dedicated lands shall NOT be used for another purpose or disposed of without a two-thirds roll call vote of both houses of the Legislature. It is further stipulated that such lands are to be held by a public entity of state, regional or county government, or similar public authority.
The Healey administration has now submitted an 11-page proposal to amend Article 97, which will essentially make it easier for developers to acquire or change the use of Article 97 protected parcels.
There has already been one public hearing/Zoom on this matter and the question/comment period has been extended through Jan 22, 2025. A second public hearing/Zoom on this matter has been scheduled for Jan 16 by the Executive Office of the Energy and Environmental Affairs concerning the proposed changes to Article 97.
See this website for Notice of Article 97 Public Hearing, and to register for the Zoom meeting:
www.mass.gov/event/january-16-2025-notice-of-public-hearing-on-the-open-space-act-regulations-01-16-2025
We would certainly urge the Falmouth public to take serious interest in this effort by the Healey administration to diminish the public’s protection under Article 97, and to also participate in the Public Hearing, submit their comments, and to contact their state representatives accordingly.
Dave Buzanoski, President
Falmouth Heights – Maravista Neighborhood Association
Notes from FHMNA:
CLICK HERE to read the full 226-page DI/BOEM approval.
CLICK HERE to read the 11-page proposal to amend Article 97 entitled, “301 CMR XX.00: Disposition or Change in Use of Article 97 Interests”
Email your comments to [email protected] by 5:00pm on Jan 22, 2025. Please refer to 301 CMR 52 in the subject line.