Falmouth Select Board Meeting July 10, 2017 Faces Inculpatory Testimony

Massachusetts

The Falmouth Select Board will meet in executive session Monday, July 10, 2017

Item # 1 at 6 PM is M.G.L. c. 30A, s. 21(a)(3) – Litigation – discuss decision of Superior Court dated June 20 in case of Town of Falmouth v. Falmouth ZBA and Funfar including appeal and impact on other pending wind turbines cases

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In April of 2017, a Barnstable jury found in favor of the Town of Falmouth over its wind turbines. The news media did not report that much of the testimony and/or evidence against the town was not allowed into that particular trial.

In June of 2017, a Barnstable Superior Court judge shut down Falmouth Wind II. Judge Cornelius J. Moriarty found in favor of the Falmouth Zoning Board of Appeals and the Funfar family. The testimony and/or evidence of the town from this trial can go forward in future trials against the wind turbines.

The Town of Falmouth Select Board has to decide if it faces inculpatory evidence from the Town of Falmouth v. Falmouth Zoning Board of Appeals and Funfar recent trial that will impact multiple pending wind turbines cases.

The Town of Falmouth had been warned prior to the installations of the wind turbines that both turbines normally operate at 103.2 decibels of noise but the manufacturer has also stated that it may produce up to 110 decibels under certain circumstances.

The noise level of 103 decibels is that of a lawn mower. The noise level of 110 decibels is that of a chest pounding hard rock band playing 24/7

One example is this 2010 letter released by the Town of Falmouth through a FOIA, Freedom of Information Act request years after the 2013 town vote to take down the wind turbines

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)