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Wind Turbine Nuisance Noise Falmouth Massachusetts
Your Brain Receiving Infra-sound, Human Annoyance and Regulatory Nuisance Noise Near Large-scale Commercial Wind Turbines- A Fried Egg
Court order granting injunction; Falmouth turbine operations limited due to noise
Superior Court Justice Christopher J. Muse - November 21, 2013
November 2013, in the injunction hearing in the Town of Falmouth vs. the Falmouth Zoning Board of Appeals case where the ZBA decided that the wind turbines were a nuisance to a Falmouth resident , both parties presented a 7AM to 7PM agreement to the judge.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
Falmouth Selectmen subsequently disregarded that agreement and continued to run the wind turbines 5AM to 9PM.
One select board member advocated running the turbines 24/7 in spite of the Court's request.
Find out what's happening in Falmouthfor free with the latest updates from Patch.
Hearing this, Superior Court Justice Christopher Muse granted the injunction sought by nearby residents.
The order is available by clicking the link on this page.
TOWN OF FALMOUTH
vs.
TOWN OF FALMOUTH ZONING BOARD OF APPEALS & others
MEMORANDUM OF DECISION AND ORDER
ON DEFENDANTS’ MOTION FOR PRELIMINARY INJUNCTION
ORDER
By order of the court, preliminary injunction shall issue until further order of the court.
1. The Town of Falmouth, its Selectmen, agents and persons acting in concert shall be restrained from operating the Wind Turbines located at the Waste Water Treatment Facility except during the hours of 7am to 7pm, every day of the week except Sunday. This schedule shall commence on November 22, 2013. Additionally, the same parties shall be restrained from operating said turbines in any fashion on the following limited dates: November 27, 2013; December 25, 2013; and January 1, 2014.
2. The mitigation plan proposed in Building Commissioner Gore’s affidavit shall be implemented forthwith.
3. The Defendant Abutters shall be allowed to submit to the Building Commissioner written proposals for sound and pressure mitigation.
4. The parties shall submit a written status update on mitigation efforts seventy-five days from this Order.
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The Town of Falmouth should review the Massachusetts DEP Noise Pollution Policy Interpretation and shut down the turbines permanently.
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:
A “Loud” continuous sounds from industrial or commercial activity, demolition, or highly amplified music. The Falmouth wind turbines generate up to 110 decibels of noise equal to that of a hard rock band playing outdoors
Sounds in narrow frequency ranges such as “squealing” fans or other rotary equipment. The turning blades of the wind turbines generate human annoyance or what today is called infra sound
Intermittent or “impact” sounds such as those from pile drivers, jackhammers, slamming truck tailgates, public address systems, etc. The regulatory noise and human annoyance combined equate to a nuisance. The neighbors describe the noise as torture from the inability to sleep while the turbines operate
State Policy:
A noise source will be considered to be violating the Department’s noise regulation (310 CMR 7.10) if the source:
Increases in the broadband sound level by more than 10 dB(A) above ambient. The Massachusetts Clean Energy Center admitted "mistakes " in preliminary noise studies and the MassDEP has confirmed in only a few days of testing the turbines break state noise regulations
The 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. Indepedant studies done by neighbors confirm excess levels of 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.
The Falmouth wind turbines are a nuisance taking the health and property rights of citizens.
