Falmouth SB Set To Expand Outside Law Firms Over Wind Turbine Shut Down

On Monday night June 26, 2017 the Falmouth Select Board will meet in executive session to decide whether to appeal the most recent determination that the wind turbines are a nuisance.

In May of 2013 a ballot vote by the entire town voted to operate the wind turbines 24/7 by a 2 to 1 in favor vote. The vote mandates the Select Board to keep the turbines operational.

The town faces two more scheduled lawsuits in September and several lawsuits still not scheduled. The lawsuits are expected to last the life expectancy of the turbines.

The Falmouth Select Board has to take into consideration the mission statement of the Board of Selectmen.

Falmouth Select Board members:

Susan L. Moran, Chairman, Megan English Braga, Vice Chairman, Doug Jones, Samuel H. Patterson and Douglas C. Brown.

Mission Statement for the Board of Selectmen: To provide strong community leaders to ensure a high quality of life through the promotion of : An atmosphere for a good local economy, Environmental stewardship, Growth Management, Long-term financial stability, Professional, quality and accountable service and Responsiveness to community issues and concerns.

The Select Board is committed to engaging all segments of a diverse community and promoting Town-wide consensus and unity of purpose.

In April of 2013, just prior to the May 2013 ballot vote to take down the wind turbines the Town of Falmouth received a memo from the Massachusetts Clean Energy Center that mistakes were made in the original predictions of acoustic noise tests which underestimated the decibels levels on a map produced by KEMA Inc in 2005. The 2005 estimates were based on a single 1.5 megawatt General Electric wind turbine generating 103 decibels of noise.

General Electric refused to build a single wind turbine because of ice throw and residential house setbacks.

KEMA Inc.in their report stated a Special Permit is required to install a single GE wind turbine.

The Town of Falmouth went forward installing two (2 ) Vestas V-82 commercial 110-decibel wind turbines. A single Vestas 110 decibel wind turbine on a decibel scale and to the human ear is twice as loud as the single GE wind turbine.

The KEMA map shows a single town-owned Vestas wind turbine exceeds 50 decibels at multiple residential locations. There are no noise predictions for Falmouth Wind II or both turbines operating together

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The Town of Falmouth received a warning letter in 2010 : How can you win a lawsuit ?

“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.”

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