Falmouth ZBA Permit " Turbine " Documented Problems

Falmouth Wind 1 ZBA Health- Noise- Safety -- Documented Problems With Falmouth Wind 1

Falmouth Zoning Board of Appeals

The Board hears and decides four types of petitions in a reasonable, objective, honest manner in the best interest of the Town: Special Permits - Uses allowed by special permit where community input and a review of the specific project is desired. The uses must be in harmony with the general purpose and intent of the Bylaw, and may be subject to general or specific conditions set forth therein.

SPECIAL PERMIT PROCESS

The Zoning Act provides a specific process that a Special Permit Granting Authority must follow when reviewing a special permit application.

For a detailed description regarding this process, please refer to MGL, Chapter 40A, Sections 9, 11 and 16.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A

Here is what we know :

The Falmouth Zoning Board of Appeals in May of 2013 ruled 4 to 1 and declared the two town owned wind turbines a nuisance

General Electric Company a domestic wind turbine company refuses to site wind turbines in Falmouth over safety setbacks

Vestas wind company warned the Town of Falmouth in writing the Vestas V 82 type turbine proposed in Falmouth generates 110 decibels of noise twice the manufacturer specifications. ( Before the installations )

Nils Bolgen, Massachusetts Clean Energy Center wind turbine manager Falmouth said Wind 1 placed “Ad Hoc.” The agency now looks at setbacks of 2000 feet from property lines.

The Massachusetts Clean Energy Center in an April 2013 memo to the Town of Falmouth admits mistakes in acoustical tests prior to the installations of Falmouth wind turbines

Falmouth Wind 1 breaks MassDEP’s noise regulations 310 CMR 7.10 The wind turbines are in violation of Massachusetts noise regulations

Massachusetts Clean Energy Center deleted noise warning of “human annoyance” in previous boiler plate studies from Falmouth study

Massachusetts Court System curtailed the hours of operation of “nuisance” wind turbines

Study # 1
Falmouth Wind Turbines Low Frequency Sound Studies : by Steve Ambrose and Rob Rand
http://legis.wisconsin.gov/senate/lasee/Documents/McPherson%20Infrasound%20Study.pdf

Study # 2
Author: Bahtiarian, Michael; and Beaudry, Allan
https://www.wind-watch.org/documents/infrasound-measurements-of-falmouth-wind-turbines/

Around 200 residential homes in wind turbine zone.

The Town of Falmouth is in position of hundreds if not thousands of written certified noise complaints

Town of Falmouth avoided wind turbine bylaw 240-166. Massachusetts Superior Court

Massachusetts Clean Energy Center a Massachusetts state agency pays Falmouth 1.8 million to help pay town related litigation fees for wind turbines.A questionable act by a state agency to pay only one side in civil or criminal litigation.

In law, a reasonable person would determine the current wind turbines pose a threat and harm to the public.

Granting a Special Permit for Falmouth Wind 1 :

The reasonable person must weigh all of the following factors presented at a public hearing below before acting:

All written documentation including noise warning letters from Vestas omitted from Town Meeting Members, Memos from MassCEC admitting acoustical noise mistakes prior to installation, number of written certified noise complaints, court judgements against the town, explanation why MassCEC dropped “human annoyance” from the Falmouth noise study just prior to installation, explanation of “Ad Hoc” installation of Falmouth Wind 1.

Finally why the Falmouth Board of Health and the Town of Falmouth made the wind turbine victims file written certified noise complaints about the wind turbines while the town had always known about the letter from Vestas wind company that the turbine generates 110 decibels of noise. Twice the specified noise.

Reference : http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.VRKmG_nF9-c

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.