Massachusetts Crimes Against Public Justice Wind Turbines

Massachusetts Crimes Against Public Justice- Wind Turbines

Falmouth officials were aware of Vestas noise warning letter Before ,During and After wind turbine litigation started against the town well before August 3, 2010

Massachusetts General Law Chapter 268 Section 13b

Section 13B. (1) Whoever, directly or indirectly, willfully

(a) threatens, or attempts or causes physical injury, emotional injury, economic injury or property damage to;

(c) misleads, intimidates or harasses another person who is:

(i) a witness or potential witness at any stage of a criminal investigation, grand jury proceeding, trial or other criminal proceeding of any type;

(ii) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal statute, or a violation of conditions of probation, parole or bail;

(v) a person who is or was attending or had made known his intention to attend a civil or criminal proceeding, including criminal investigation, grand jury proceeding, trial, other criminal proceeding of any type, probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk’s hearing, court-ordered mediation, any other civil proceeding of any type with the intent to impede, obstruct, delay, harm, punish or otherwise interfere thereby, or do so with reckless disregard, with such a proceeding shall be punished by imprisonment in a jail or house of correction for not more than 2 and one-half years or by imprisonment in a state prison for not more than 10 years, or by a fine of not less than $1,000 nor more than $5,000, or by both such fine and imprisonment.

(4) A prosecution under this section may be brought in the county in which the criminal investigation, grand jury proceeding, trial or other criminal proceeding is being conducted or took place, or in the county in which the alleged conduct constituting an offense occurred.

https://malegislature.gov/laws/generallaws/partiv/titlei/chapter268/section13b

Vestas raises concerns about turbine noise-- 110 Decibels equals an outdoor hard rock band

(Letter)

Bruce Mabbott -

August 3, 2010

Impact on People Noise Massachusetts

After noise complaints started coming in following the erection of WIND 1, the first Falmouth turbine at the wastewater treatment facility, Vestas required 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.” WIND 2 would not be released to the town for erection until the letter was signed. 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)http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.VUwKf_lViko