Falmouth Select Board Chairman Mary Pat Flynn Notification Falmouth Wind 1 Broke Laws 5/15/2012

Select Board Member Mary Pat Flynn Notified Wind 1 Broke State Regulations

Falmouth Wind 1 broke the MassDEP 10 Decibel Threshold 5/15/2012

Letter from Ken Kimmell formerly BCK law and Mass DEP Commisioner

BCK Law stands for Bernstein, Cushner & Kimmell, P.C.,

To: Falmouth Chairperson Mary Pat Flynn

From : Ken Kimmell Mass DEP Commisioner

May 15, 2012 Massachusetts Department of Environmental Management Protection

Sound Sampling of Falmouth Wind 1

The results of MassDEP sound sampling : Falmouth Wind 1 broke the MassDEP 10 Decibel Threshold

http://www.airandnoise.com/MA310CMR710.html

310 CMR 7.10(1) is subject to the enforcement provisions specified in 310 CMR 7.52.

The DEP has established a Noise Level Policy for implementing this regulation. The policy specifies that the ambient sound level, measured at the property line of the facility or at the nearest inhabited buildings, shall not be increased by more than 10 decibels weighted for the “A” scale [dB(A)] due to the sound from the facility during its operating hours.


Click here to read entire file :

http://www.mass.gov/eea/docs/dep/energy/wind/final-falmouth-report-with-cover-letter-and-appendix.pdf

DEP: Falmouth wind turbine is too loud

The Massachusetts Department of Environmental Protection found that Falmouth’s “Wind 1” turbine exceeds the allowable noise level, according to a study by the agency.
Credit :
By SEAN TEEHAN

Posted May. 15, 2012 at 12:02 PM
Updated May 15, 2012 at 12:17 PM

The Massachusetts Department of Environmental Protection found that Falmouth’s “Wind 1” turbine exceeds the allowable noise level, according to a study by the agency.

A statement from Massachusetts Senate President Therese Murray (D-Plymouth) announced the finding this morning.
“I’m glad that the results of DEP’s study will provide residents affected by Wind 1 with some relief. This is an issue that has divided the community,” Murray said in a statement. “I believe that industrial size wind turbines do not belong in residential neighborhoods, but we should not remove wind energy from the renewable energy mix in Massachusetts.”

The finding comes after a DEP-headed study that measured turbine noise levels in various wind conditions.

DEP Commissioner Ken Kimmell will officially announce the findings later this afternoon, a DEP spokesman said.

Wind turbines loomed heavily at this month’s Falmouth Town Meeting, as selectmen and board of health members at separate meetings voted on measures meant to address residents’ health concern

Selectmen voted in favor of shutting down Wind 1, one of the town’s two 1.65-megawatt turbines off Blacksmith Shop Road, from 7 p.m. to 7 a.m. each day.

Stopping Wind 1’s operation for 12 hours each day represents a compromise between the town and some people who live near the turbines and for more than a year have complained of nausea, vertigo and other health problems.

truncated click link to read original story :
Source : http://www.capecodtimes.com/article/20120515/NEWS11/120519858