Falmouth Wind Turbine Litigation 2019

Note # The Massachusetts Department of Environmental failed to enforce public health by brokering a Project Regulatory Agreement between the Town of Falmouth and the Massachusetts Clean Water Trust. The agreement is for a no interest power production guarantee grant/loan to build Falmouth Wind II the second town-owned wind turbine. The Massachusetts Clean Water Trust lent American Recovery and Reinvestment Act funds through the State Reserve Funds to the Town of Falmouth.

ARRA funds cannot be used if there is a risk to public health or safety related to the implementation or use of funds. This is an extremely embarrassing situation for everyone involved in the financing of Falmouth Wind II.

The purpose of the 26 meetings of the Falmouth Wind Turbine Option Analysis Process (WTOP) managed by the Consensus Building Institute (CBI) was to engage in an open, transparent, and collaborative exploration of the range of options for the long-term future of the Town's two Wind Turbines – Wind I and Wind II. The September 12, 2012 videotape about the ARRA funds was it a loan or a grant was never shown on local cable TV and remains "lost."

Falmouth Wind Turbine Litigation 2019

Massachusetts Time To Lay All The Cards On Table

January 1, 2019
Falmouth Video- Select Board Chair Susan Moran: "We would never put the town in the situation again where we would, you know, to the best of our ability be subject to any anticipated litigation."??????

The Town of Falmouth owns two town-owned Vestas V-82 nuisance wind turbines Wind l and Wind ll shut down by the courts June 2017

It's time for the town to put all the hidden documents on the table and why the documents remain hidden for years.The Town of Falmouth is hiding documents which include email warnings, maps, memos, and letters that show they had always known the turbines are too loud to be placed near residential homes.

In 2005 KEMA Inc prepared a noise study map which shows any type of megawatt wind turbine breaks state noise regulations.

Prior to the installation of the Falmouth Wind II the town hid a 110-decibel noise warning letter from Vestas in order to receive a grant from the American Recovery and Reinvestment Act of 2009. Nicknamed the Recovery Act or the stimulus package. Stimulus funds cannot be used if they create a substantial and specific danger to public health or safety related to the implementation or use of ARRA recovery funds. All hidden documents show the turbines should never have been built.

Video : Falmouth Select Board Chair Susan Moran 3 Minutes Video: "We would never put the town in the situation again where we would, you know, to the best of our ability be subject to any anticipated litigation.

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Letter # 1 Truncated

August 3, 2010 - Vestas 110 decibel noise warning letter to: 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

"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. "..................................................................................................

Town of Falmouth plans to shut down Falmouth Wind I and relocate Falmouth Wind II Meeting -October 15, 2018

Letter # 2 October 26, 2018

Mr. Julian M. Suso, Town Manager- Mr. Rod Palmer, Building CommissionerTown of Falmouth, 59 Town Hall Square, Falmouth, MA 02540

Re: Wind Turbine Relocation Study, Weston & Sampson Report October 12, 2018

Mr. Suso, Mr. Palmer,This letter is respectfully submitted to the Town of Falmouth to provide a qualified professional opinion about the proposed relocation of Wind II.

The original permittings for Wind I and Wind II (and NOTUS) resulted in neighbor complaints soon after start-up and were confirmed to exceed Falmouth’s 40-dBA noise limit (turbines sited too close).

Weston & Sampson's relocation recommendation for Wind II appears to be inconsistent with the Town 40 dBA noise limit and the 2017 Barnstable Superior Court Decision.

1. The distance to meet 40 dBA for Wind II, a Vestas V82 with sound power level of 110 dBA, is approximately 891 meters or 2923 feet. This is greater than the setback distancesprovided by the proposed new location. The proposed new location is still too close.

2. At 2147 and 2244 feet listed in the subject report, the expected sound level is 43 dBA.

3. Use of the proposed new location appears certain to result in the relocated wind turbine's maximum noise levels exceeding the Falmouth noise limit of 40 dBA.

4. Use of the proposed new location appears certain to result in the relocated wind turbine's maximum noise levels exceeding established background sound levels of 27-28 dBA by over 10 dB, breaching State 10-dB noise limits.Supporting detail is provided below.

Please contact me if you have any questions.Respectfully Submitted, ________________Robert W. Rand, ASA, INCE