Falmouth 2005 Wind Turbine Noise Map Incriminating To Courts

Question # 1 : When Was Falmouth Wind II Complete ?

Falmouth Wind Turbine “Smoking Gun” Map

Smoking Gun KEMA Falmouth Wind Turbine Map Overlooked

The Town of Falmouth in 2005 had a Community Wind Project Feasibility Study prepared by KEMA, Inc. &
Ecology and Environment, Inc.

The study was prepared using a domestic General Electric 1.5 megawatt wind turbine as an example of the type of wind turbine that could be installed.

The study was completed in two parts April and November of 2005. The KEMA map on page 44 Fig. 17 shows Blacksmith Shop Road. The map clearly shows using a General Electric wind turbine noise levels exceed 40 decibels on the road and up to 99 nearby homes. This shows that in 2005 a GE wind turbine breaks the Commonwealth of Massachusetts. Department of Environmental Protection (DEP) Noise Control Regulation 310 CMR 7.10.

See map URL: http://www.falmouthmass.us/DocumentCenter/Home/View/1695

General Electric a domestic wind turbine company refused to build one commercial 1.5-megawatt wind turbine referencing setbacks to residential property and ice throw to a nearby highway.

On Page 33 of the KEMA report, it says: “A Special Use Permit is required for construction and operation of windmills in the Town of Falmouth.” The Town of Falmouth never filed Special Permit 240-166 as would require a hearing at the Falmouth Zoning Board of Appeals and additional abutter notifications in which case Falmouth Wind I would never have been built.

The Massachusetts Superior Court has ruled the Town of Falmouth should have filed Special Permit 240-166.

After the construction of Falmouth Wind I a foreign made Vestas wind turbine neighbors immediately complained of noise. Despite the noise complaints, the town went forward building Falmouth Wind II also a foreign made Vestas wind turbine with stimulus funds known as the American Recovery and Reinvestment Act funds.

In the application for ARRA stimulus funds for Falmouth Wind II the town had to submit a waiver request to the Federal EPA in order to receive the grant/ loan to buy a foreign made wind turbine. The stimulus funds were to buy American and put Americans to work.

The EPA waiver application stated the town was going to file a special permit 240-166 for the turbine which it did not. In the EPA waiver, the town never told federal authorities General Electric a domestic wind turbine company refused to build a turbine because of residential setbacks and ice throw. The town misled the EPA by telling them no domestic turbines were available.

The most important fact is there is no Project Feasibility Study for Falmouth Wind II or both turbines operating together.

Today we know a single Vestas wind turbine purchased by the town is twice as loud as the domestic General Electric wind turbine and town officials have been aware of these facts since prior to the construction of any wind turbines.

Two Vestas wind turbines can raise noise levels to near 60 decibels at up to 200 residential homes.The 60 decibels is like listening to background music 24/7. Neighbors describe the noise as a feeling and hearing a jet plane way up high in the sky.

The Town of Falmouth received a letter in August of 2010 from Vestas the manufacturer of the wind turbines that they are twice as loud as the General Electric domestic wind turbines used in the KEMA study. In addition, Vestas had warned prior by email to officials and representatives of the Town of Falmouth the turbines were too loud to be placed near residential homes.

The Town of Falmouth has released the emails and letter through FOIA, Freedom of Infomation Requests but has never told the citizens of Falmouth about the letter.

It’s clear today the Town of Falmouth hid the Vestas 110 decibel noise warning letter from the public and emails showing the wind turbines were too dangerous to install at the Wastewater Treatment Plant. The town continues to hide the letter from the public even today.

The Town of Falmouth is claiming that under the Doctrine of Laches a legal doctrine that the abutters to the Falmouth Wind Turbine II took too long to seek a legal remedy and they have no rights.

The problem for the Town of Falmouth is they hid the Vestas 110 decibel August 2010 noise letter and associated emails. On top of the hidden documents, the Massachusetts Clean Energy Center admitted in 2013 three years after the installation of Falmouth Wind I that they made acoustic noise mistakes in the original studies.The MassCEC in 2013 admitted Falmouth Wind I would break the Commonwealth of Massachusetts. Department of Environmental Protection (DEP) Noise Control Regulation 310 CMR 7.10.

The Massachusetts Clean Energy Center admitted in 2013 three years after the installation of Falmouth Wind I the acoustic noise “mistakes” because the 2005 KEMA Inc map is the smoking gun.

Everyone in 2005 knew a single domestic General Electric wind turbine was too loud according to the map. The town hid documents and placed two Vestas wind turbines each by themselves twice as loud as the GE turbine.

There is no decibel map showing a single Vestas wind turbine or two working together after eight years of litigation.

Note # Laches is a type of equitable defense wherein a plaintiff is prevented from bringing a claim because they delayed too long in filing it.

http://www.falmouthmass.us/Doc...

"First, DEP will conduct its normal completion audit in response to the Town's submission of its Project Completion Certificate to DEP;"

(When was the Wind II project complete?)

MASSACHUSETTS WATER POLLUTION ABATEMENT TRUST
April 2, 2013