Relocation of Falmouth II Turbine Could Net Town Litigation

Falmouth plans to move wind turbine # 2 one half mile after courts shut down nuisance wind turbines.

In Massachusetts one or more members of a class may sue or be sued as representative parties on behalf of all only if:

The class is so numerous that the action of bringing parties together of all members is impracticable: ( 200 residential homes & business locations)

There are questions of law or fact common to the class: ( 110 decibel wind turbines court & zoning board ruled a nuisance)

The claims or defenses of the representative parties are typical of the claims or defenses of the class: ( two types of wind turbine noise measured in decibels & human annoyance, low frequency additionally shadow flicker )

The class representative parties will fairly and adequately protect the interests of the class: (2923 feet around wind turbine)

Falmouth wind turbine number 2 is a Vestas V-82 type 1.65 megawatt wind turbine that generates 110 decibels of noise.

Robert Rand and acoustic expert warned in an October letter to the Select Board: "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 distances provided by the proposed new location. The proposed new location is still too close."

Barnstable Superior Court Judge Cornelius Moriarty issued the order to shut down Falmouth's Wind 1 and Wind 2 on June 21, 2017.

The Town of Falmouth as of June 2018 settled 10 nuisance complaints with residents regarding the two wind turbines at the wastewater treatment facility on Blacksmith Shop Road.The ink wasn't even dry on the settlement when the Falmouth Select Board: Susan L. Moran, Chairman - Megan English Braga, Vice Chairman -Doug Jones- Samuel H. Patterson and Douglas C. Brown decided they could possibly move Falmouth Wind II to a new location one-half mile to the East. Which today looks doubtful based of safety and health setbacks of 2923 feet.

Note # The wind turbine relocation is so far a recommendation from Weston & Sampson engineers hired by the Town of Falmouth.

Who in their right mind would provide litigation insurance for a 110-decibel wind turbine near residential homes?

In Falmouth, up to 65 individual residents out of 45 households (including children) have stated that their health and well-being have been negatively affected by the operation of the turbines. (Sleep disturbance, headaches, increase in blood pressure, shortness of breath, tinnitus, vertigo, to mention some symptoms).

Two separate Zoning Board decisions declared that the turbines are a nuisance, ordering the owner of the turbines (Town of Falmouth) to “eliminate the nuisance”.

On July 25, 2016, well over two years ago the Falmouth Select Board in executive session authorized the Town Manager, Town Council, and town's insurer, Massachusetts Interlocal Insurance Association, MIIA, to participate in mediation with all parties to resolve all outstanding suits and claims.At that time there were up to eleven active lawsuits in various Massachusetts courts.

Board of Selectmen Chairman Doug Jones announced the Select Board had voted in executive session to authorize the town's insurer, Massachusetts Interlocal Insurance Association, to start mediation with all the parties in as many as eleven pending litigations to resolve outstanding legal actions.The Massachusetts Interlocal Insurance Association was tasked with resolving years of mitigation and eleven lawsuits in Falmouth.

The Massachusetts Interlocal Insurance Association (MIIA) was incorporated by the Massachusetts Municipal Association in 1982 as a nonprofit organization to provide insurance services to the cities, towns.The Massachusetts Interlocal Insurance Association functions as the administrator for the MIIA Property and Casualty Group Inc.The MIIA Property and Casualty Group Inc., formed in 1987, provides property and casualty coverage for cities, towns

.Massachusetts has at least twenty one other communities with poorly placed wind turbines.The insurance carrier will certainly pay all the claims but be assured all the cities and towns in Massachusetts will be assessed major premium increases as the claims roll in.