Falmouth Suckers Paying For Wind Turbine Litigation Circus

MassCEC Admits Fatal Acoustic Wind Turbine Noise " Mistake " 2013

How do you win a lawsuit when the state agency who sold you the turbines had all the specifications before the installations and then three years later admits they made mistakes and the Town of Falmouth hid the noise warning letter from the public along with memos and emails ?

Massachusetts Clean Energy Center Admits Acoustic Wind Turbine "Mistake"

Below is an excerpt from a memo from the Massachusetts Clean Energy Center about an acoustic noise test done by KEMA Inc prior to the installations of any wind turbines in Falmouth.

The MassCEC admits that the study made acoustic noise " mistakes" using a 103 decibel General Electric wind turbine as a model.

The admission does not include the fact that the MassCEC sold the Town of Falmouth a Vestas V 82 type turbine that is twice as loud as the General Electric model turbine

The Massachusetts Clean Energy Center was the original owner of Falmouth Wind I and had all the specifications including warnings the turbine generates 110 decibels of noise.
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The warning :
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.
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April 3, 2013 • Massachusetts
Details on MassCEC’s April 2 Memo on Falmouth turbines

Credit: THE BULLETIN | Posted Apr 03, 2013 | www.wickedlocal.com ~~
“Falmouth Wind 1 was one of the earliest municipally-owned megawatt scale wind turbines installed in Massachusetts. Even though the original MTC-commissioned feasibility study for Falmouth over-estimated the likely acoustic impact, that study did not include a detailed acoustic analysis based upon sampling of ambient acoustic conditions (as is our current, more rigorous practice) which might have identified a potential exceedance of the 10 decibel limit,” the memo reads. “The Falmouth wind turbines are of an older design which does not offer ‘low noise operations’ or other retrofit options.”
https://www.wind-watch.org/new...

MassDEP : Noise Pollution Policy Interpretation
Noise is a public health concern that falls within the scope of Massachusetts Department of Environmental Protection (MassDEP)
Noise Background Noise is a type of air pollution that results from sounds that cause a nuisance, are or could injure public health, or unreasonably interfere with the comfortable enjoyment of life, property, or the conduct of business.
Types of sounds that may cause noise include:
• “Loud” continuous sounds from industrial or commercial activity, demolition, or highly amplified music;
• Sounds in narrow frequency ranges such as “squealing” fans or other rotary equipment; and
• Intermittent or “impact” sounds such as those from pile drivers, jackhammers, slamming truck tailgates, public address systems, etc.
Policy
A noise source will be considered to be violating the Department’s noise regulation (310 CMR 7.10) if the source:
1. Increases the broadband sound level by more than 10 dB(A) above ambient, or
2. Produce a “pure tone” condition – when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.
These criteria are measured both at the property line and at the nearest inhabited residence. “Ambient” is defined as the background A-weighted sound level that is exceeded 90% of the time, measured during equipment operating hours. “Ambient” may also be established by other means with consent of the Department
http://www.mass.gov/eea/docs/dep/air/community/noisefs.pdf

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There's a sucker born every minute. The turbines were purchased with taxpayer funds and sold again to the Town of Falmouth. Taxpayers are paying for the turbines twice. Everyone involved in the installation of the turbines knew the turbines generate a chest pounding 110 decibels of noise.

The town avoided Special Permit 240 166 because it would require additional notification to neighbors and a review by the Zoning Board of Appeals . At that time there was enough information to show the turbines were dangerously too loud.

A simple fact noise warnings of two distinct types of noise "regulatory" and "human annyonace" were not given Falmouth residents that were in boiler plate noise studies produced by the Massachusetts Clean Energy Center

The Falmouth wind turbines are a bunco scheme of enormous consequence. The people who value intellectual honesty should not quietly be fleeced by such mendacity, even from their government officials

The town knew the turbines are a nuisance.
The intentional hiding of noise warning letters, memos and emails was not a "mistake" it was intentional

The avoidance of filing Special Permit 240 166 was reckless as it put the health and welfare of up to 200 residential home owners at risk over a noise they describe as torture.
The turbines took the American dream of home ownership and the right of those living around the turbines to enjoy their land

The town created health and property taking that creates actual harm and a substantial risk of future harm

Barnum & Bailey was right and all the attorneys and law firms have turned Falmouth into a Circus and the taxpayers are the Clowns providing the entertainment.