Falmouth Select Board To Discuss Resolution of All Wind Turbine Litigation

A.... Town of Falmouth in 2012 agreed to enter honest open negotiations with wind turbine neighbors to resolve a noise described as torture from the wind turbines at a cost to taxpayers of $139,000.00.

The Falmouth Wind Turbine Options Analysis WTOP negotiations were overseen by the Consensus Building Institute

The town had a Vestas noise warning letter of 110 decibels of chest pounding noise the town had the letter since August of 2010. The negotiations were not open and honest .The town never disclosed the 110 decibel warning letter in negotiations ........

B. ....Barnstable Superior Court Judge Christopher J. Muse held a hearing on November 21, 2013. Falmouth Select Board Member Rebecca Moffitt and Falmouth Town Counsel Frank Duffy agreed with the judge two weeks prior to shut the turbines down 12 hours a day. The Falmouth Select Board recanted the verbal agreement because nothing was in writing. The Falmouth Select Board pulled the rug out from under a Massachusetts Superior Court judge

Massachusetts Superior Court Judge Muse then issued a preliminary injunction against the Falmouth wind turbines.

C. ....Falmouth Board of Selectmen announced July 25, 2016 after the executive session to authorize Town Manager Julian M. Suso, Town Council Frank A. Duffy Jr. and the town’s insurer, Massachusetts Interlocal Insurance Association, to participate in mediation with all parties in pending wind turbine litigation to resolve all outstanding suits and claims. The mediation did not include the Massachusetts Clean Energy Center and Massachusetts Department of Environmental Protection Project Regulatory Agreement.

June 2017 Judge Cornelius J. Moriarty II affirmed the Falmouth Zoning Board of Appeals’ position on turbines Wind 1 and Wind 2, both turbines are shut down as they are a nuisance.

D ......The Town of Falmouth has never admitted they hid this 110-decibel chest pounding letter from 2010. The letter has never been posted on the town website over a seven year period :

The Vestas Town of Falmouth Hidden Noise Warning Letter Next :
----------------------------------------------------------------------------------------------------------------------------------------------

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)

-----------------

https://www.youtube.com/watch?v=igepZJgCIa8

Industrial Wind Turbines: An Upper Cape Dilemma July 2017 #3

WindTurbineSyndrome

July 2017
David Moriarty, resident of Town of Falmouth, talks to audience about the current status of the town owned wind turbines in Falmouth, MA after court injunction, and urges people in town to get involved with local decision makers and elected officials to stop appeal process which will be expensive and probably not succeed.

Moriarty says we are all responsible for when we let elected officials do as they please with public money, who then may lie to get away with it after the fact, and we have to hold them accountable.