Falmouth Lack Of Action By Falmouth ZBA Demands Immediate Court Action

Falmouth Lack Of Action By Falmouth ZBA Demands Immediate Court Action

Massachusetts Judge Robert Rufo did not issue a cease and desist order requested by neighbors after a Court of Appeals ruling that said the town broke the law and should have used a special-use permit from its Zoning Board of Appeals before erecting Wind 1.

The judge did not rule out imposing a cease and desist order at any point it time.

Usually litigation cases designate a time frame for each step in the process the judge issued no time frame for the Town of Falmouth to obtain a Special Permit to operate the turbine.

The Falmouth turbines have been operating illeagally for five years.

The fundamental argument for petitioners, wind turbine victims, is citizens health and welfare rights.

The fundamental argument for the Town of Falmouth is financial management

The ZBA’s determination should be a belief that there’s nothing more important than good health.

Ill health for neighbors should not be supported by illogical actions from public officials responsible for protecting public health.

Neighbors are far better acoustic analyzers for determining the quality of their life.

The Massachusetts Clean Energy Center recently gave the Town of Falmouth 1.8 million dollars in tax payer funds to help the town litigate against the wind turbine victims.

It’s clear local boards are being direceted by attorneys paid for with these funds to comtinue the operation of the wind turbines at a cost of the victims health and all Massachusetts taxpayers.

It’s clear the Town of Falmouth is taking advantage of a legal ruling in which they can obfusacte and continue hearings in an effort to outspend the wind turbine victims in court.

The Massachusetts Clean Energy Center, a state renewable agency, should not be allowed to pay the litigation costs of the Town of Falmouth and not the wind turbine victims. This is misuse of taxpayer funds.

The courts need to take immediate action if the Falmouth Zoning Board of Appeals fails to act.

The Town of Falmouth was aware prior to the construction of Falmouth Wind 1 that it would break state noise laws.

Vestas Wind Company reiterated to the town August of 2010 the turbines generates 110 decibels of noise 7 decibels higher than the specifications

The Massachusetts Department of Environmental Protection did indeed find the turbine breaks the law. The turbine is illegal and should never have been built.

The Town of Falmouth was aware the turbines were 7 Decibels higher that the manufactures specifications. Every 3 DCB increase is a doubling of sound and acoustic power to the human ear and that is simply an intolerable increase.

In the following letter Vestas wind company reiterates in writing that the Town of Falmouth had been previously warned the turbine generates up to 110 decibels.

This letter was hidden by the town for the last 5 years :

August 3, 2010
Mr. Gerald Potamis
WasteWater Superintendent
Town of Falmouth Public Works
59 Town Hall Square
Falmouth, MA 02540

RE: Falmouth WWTF Wind Energy Facility II “Wind II”, Falmouth, MA
Contract No. #3297

Dear Mr. Potamis,

Due to the sound concerns regarding the first wind turbine installed at the wastewater treatment facility, the manufacturer of the turbines, Vestas, is keen for the Town of Falmouth to understand the possible noise and other risks associated with the installation of the second wind turbine.

The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances. These measurements are based on IEC standards for sound measurement which is calculated at a height of 10m above of the base of the turbine.

We understand that a sound study is being performed to determine what, if any, Impacts the second turbine will have to the nearest residences. Please be advised that should noise concerns arise with this turbine, the only option to mitigate normal operating sound from the V82 is to shut down the machine at certain wind speeds and directions. Naturally this would detrimentally affect power production.

The manufacturer also needs confirmation that the Town of Falmouth understands they are fully responsible for the site selection of the turbine and bear all responsibilities to address any mitigation needs of the neighbors.

Finally, the manufacturer has raised the possibility of ice throw concerns. Since Route 28 is relatively close to the turbine, precautions should be taken in weather that may cause icing.

To date on this project we have been unable to move forward with signing the contract with Vestas. The inability to release the turbine for shipment to the project site has caused significant [SIC] delays in our project schedule. In order to move forward the manufacturer requires your understanding and acknowledgement of these risks. We kindly request for this acknowledgement to be sent to us by August 4, 2010, as we have scheduled a coordination meeting with Vestas to discuss the project schedule and steps forward for completion of the project.

Please sign in the space provided below to indicate your understanding and acknowledgement of this letter. If you have any questions, please do not hesitate to call me.


Sincerely,

(Bruce Mabbott’s signature)
___________________
Bruce Mabbott Gerald Potamis
Project Manager Town of Falmouth


CC: Sumul Shah, Lumus Construction, Inc.
(Town of Falmouth’s Wind-1 and Wind-2 Construction contractor)

Stephen Wiehe, Weston & Sampson
(Town of Falmouth’s contract engineers)

Brian Hopkins, Vestas
(Wind-1, Wind-2’s turbine manufacturer, and also Webb/NOTUS turbine)

http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.Ve9oyhFVikp


Every 3 DCB increase is a doubling of sound and acoustic power to the human ear and that is simply intolerable increase.

http://www.noisehelp.com/decibel-scale.html 

Hearing 9/17/2015 : http://www.falmouthmass.us/agenda.php?depkey=zone&number=7517