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Falmouth BOH 2013 Wind Turbine Motion Legal Implications Today
Boards of Health are required by state laws and regulations to perform critical duties related to protect all its citizens health

Massachusetts Boards of Health are responsible under general laws, state and local regulations, for disease prevention and control, health and environmental protection, and promoting a healthy community. Local boards of health in Massachusetts are required by state and local laws and regulations to perform many critical duties related to the protection of public health
On October 21, 2013 a wind turbine health motion was presented to the Falmouth Board of Health. Since that meeting in 2013 many additional wind turbine noise related documents have come to light which include emails, maps, state agency admission of acoustic noise tests mistakes prior to installation and the courts have ruled the town should have filed Special Permit 240 -166 to build the wind turbines.
Two years after the 2013 wind turbine motion it was revealed the Town of Falmouth had a noise warning letter from the manufacturer of the wind turbines that stated the town had previously been warned the turbines generate a chest pounding 110 decibels of noise almost twice as loud as those considered at the October 21, 2013 Falmouth Board of Health Meeting.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
The bottom line is the town always knew the Vestas turbines installed were twice as loud as General Electric turbines used as models in pre installation noise tests. The town avoided Special Permit 240 - 166 because it would have required additional notifications to residential home owners and additional hearings would have to be held.
Documents including emails, maps, so called "mistakes" in acoustic noise studies and in general withholding negative information about wind turbine noise shows well beyond any reasonable doubt town officials were and are today aware they took the health and property rights of up to 200 residential home owners.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
The actions taken by town officials are both criminal and civil
Next is the motion presented to the Falmouth BOH in 2013 :
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Falmouth Massachusetts Wind Turbines A Nuisance :
Motion:
Falmouth, MA Board of Health Meeting
October 21, 2013
Motion:
As a result of Falmouth residents complaining of health effects resulting from exposure to wind turbine operation for the last three and one half years, I move that the Falmouth Board of Health direct the Falmouth Board of Selectmen to reinstate the hours of operation for Wind I and Wind II from 7AM to 7 PM.
Speak to Motion
1. During the last few years, people throughout the world have witnessed a new, unprecedented, and unexpected health related phenomenon in people who are living in close proximity to large wind turbines. These health effects have been extensively documented and are similar whether people live in Denmark, New Zealand, Australia, Belgium, Canada, and the United States and other regions of the world.
Virtually since the installation of the two 1.65 megawatt turbines, residents living in close proximity to the wind turbines have expressed concerns about swishing and thumping noises with pressure changes that can be consistent, intermittent, inconsistent, or absent depending upon weather conditions. They are also concerned about the low frequency sound energy that is being produced by the turbines. Residents indicate that the result is negative physical and psychological effects.
In Falmouth, health effects were documented in formal testimony “Health Effects of Exposure to Wind Turbines” on May 23, 2012
The summary of that testimony is illustrated below:
Health Related Symptoms
- Sleep disturbances
- Fatigue
- Headaches, including vestibular migraine headaches
- Tinnitus
- Changes in interpersonal relationships
- Difficulty concentrating
- Mood disturbances
- Irritability
- Depression requiring anti-depressive medications
- Increased blood pressure
- Increased heart ratePalpitations
The highlighted symptoms are consistent with chronic sleep deprivation... Since that time, increased suicide attempts and increased sleep apnea have been added to the list. It is notable that the World Health Organization has identified sleep deprivation as a carcinogenic agent (cause of cancer).
2. As they emerge in our society, new health issues are first investigated through qualitative studies, interviews that are rigorously analyzed for the incidence of specific themes. Many of these studies have been performed, and are published in peer reviewed journals world wide. These studies are accompanied by detailed case reports that examine the experience of individuals. It should be noted that case reports can raise the question but cannot answer it. Correlational studies and cross-sectional studies follow. Hundreds of studies have been performed, with varying amounts of rigor. However, because health effects from wind turbines is a relatively new phenomenon the data is not yet available to perform cause and effect and dose response trials. This is expected. Hard evidence documenting the health effects emanating from exposure to wind turbine operation has not yet had the time to develop.
3. Consistency of findings among studies is a primary consideration in establishing cause and effect relationships. In other words, the results of one study are found to be similar to the results in a variety of other studies, despite the design of the studies. It is remarkable that results from studies in 15 countries indicate that t people who are living in close proximity to large wind turbines report almost identical health effects, even using the same descriptors. It is biologically credible that noise and low frequency infrasound can affect the human body in ways that were formerly not understood.
4 Nuisance
We must be reminded that the focus of public health is to protect the health of every member of the community. After 3 ½ years of continual discourse with the Board of Health regarding the health effects emanating from Wind I and Wind II, both turbines can be considered a nuisance. In Falmouth, the proximity of the two turbines can enhance health effects exponentially, making the outcome even more disturbing and even more difficult to measure. Until there is hard evidence that the turbines are not causing harmful effects, I believe that the Falmouth Board of Health must act on behalf of the residents in the community and declare the turbines a nuisance.
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Links to this document :
Falmouth Board of Health Agenda October 21, 2013 http://www.falmouthmass.us/agenda.php?depkey=health&number=5991
Falmouth Board of Health Minutes October 21,2013 http://www.falmouthmass.us/meeting.php?depkey=health&number=5991
"Board of health member Gail Harkness made a motion for the shut-off times to return to 7 p.m. to 7 a.m., but she failed to get the majority of the board to agree."
Quote Source: By Erin Ferraro | THE BULLETIN | Posted Nov 06, 2013