Library from Massachusetts
The preliminary injunction was filed late last night and requires the town to turn off the machines from 7 PM to 7 AM daily. Additionally, Judge Muse’s decision calls on the turbines to be turned off on Thanksgiving, Christmas and New Year’s Day. The move follows what was a supposed agreement reached two weeks ago in Barnstable Superior Court between Falmouth’s attorneys and lawyers representing neighbors living near the turbines.
Two weeks ago, 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 Neil Andersen, both parties presented a 7AM to 7PM agreement to the judge. Falmouth Selectmen subsequently disregarded that agreement and continued to run the wind turbines 5AM to 9PM. One selectboard member advocated running the turbines 24/7 in spite of the Court's request. 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.
Wind turbine opponent Lilli-Ann Green of Wellfleet welcomed the news Wednesday that Mass Audubon wants to withdraw its zoning applications. Green contends that Mass Audubon's mission to protect wildlife, including rare birds and bats, directly contradicts the idea of erecting a wind turbine, which she said is a technology that kills those creatures. The proposed turbine is taller than what is allowed for structures in Wellfleet, she said,
The plan includes a proposal from Fairhaven Wind to pay for software that would automatically turn off one of the town's two turbines in "adverse weather and wind conditions." It is not clear exactly what those adverse conditions are. Acksen also mentioned the possibility of turning off one turbine between the hours of midnight and 4 a.m.
State noise regulations prohibit any noise source from being more than 10 decibels louder than background noise. Last winter, the DEP's noise testing of the turbines detected five violations. The July proposal allowed for continued testing of the turbines to see whether changing the angle of the blades to slow their spinning could still remain in compliance of state law while maintaining higher levels of power production than turning one turbine off completely.
The guidelines for best practices that are expected from the DPU process are not regulations but would be offered to towns to use in existing reviews of wind-energy projects, DPU spokeswoman Mary-Leah Assad wrote in an email.
"We are currently involved in complex and sensitive matters related to the operation of these turbines," he said. "There could be significant legal ramifications to the town and its taxpayers. I'm appealing to you "for your patience." Among the matters Putnam referred to is a lawsuit in Barnstable Superior Court ruling that declared the turbines a nuisance.
J. Malcolm Donald of Blacksmith Shop Road, a vocal opponent of the turbines who attended yesterday's hearing, lauded the temporary agreement. "I think it was earth shattering that the parties finally, after more than three years of disagreement, actually sat down and talked," he said. "I think it is kind of a stroke of genius of the judge. This is economical judicial action."
The Andersens and the zoning board won one round earlier this month, when Muse ruled against a town request to toss out the board's ruling. On Thursday, he went one step further, saying abutters were “injured in some way” by the turbines. The turbines will now shut down from 7 p.m. to 7 a.m., and another hearing will be held Nov. 21.
The town's Board of Health decided Monday to ask selectmen to reconsider the operating hours for the town's municipal turbines, but stopped short of ordering them to either change or expand the devices' eight-hour downtime.
If turbine owners are required to install strobe control systems, the arbitrary guideline of 30 hours per year will no longer be relevant, Thompson said. “Mandating the owners to install the technology would take the guesswork out and shut off the turbine until the conditions no longer exists.”
he Green Energy Committee wants to hire a different consultant to conduct a new flicker study of the Independence wind turbine. In his presentation to the Planning Board Monday night, Mark Beaton said the study conducted by the Massachusetts Clean Energy Center for the town is flawed and should not be replied upon for factual information.
"We think that it is likely there will be significant additional transmission investment needed to maintain reliability and improve access to these clean, intermittent power sources," Lee Olivier, executive vice president and chief operating officer, said in an earnings call Friday. "But it is too early to estimate how much that additional investment will be and exactly when it will occur."
Sue Hobart says whenever she's near her Falmouth home she suffers from headaches, nausea and disorientation. And she sleeps poorly. Hobart's home sits 1,600 feet away from three, 400-foot-tall turbines, which were installed by Lightship Energy in 2010. "I worry for you people," she told Peru residents on Thursday night.
Board of Health Chairman Joe Casna said the board needs to follow the advice of town counsel and carefully approach regulating turbines, in this case for flicker, using science, or risk a lawsuit. He said the town would then have a basis for negotiating mitigating measures. ...When Board of Health member Toni Cushman asked about the possibility of seeking relief for the residents, Casna said the wind turbine operators show no desire to take action.
Mass. Audubon’s Wellfleet Bay Wildlife Sanctuary will request that the Wellfleet Zoning Board of Appeals, when it meets on Thursday, Nov. 21, at the senior center, allow Mass. Audubon to withdraw without prejudice its request for a special permit to install a wind turbine at the sanctuary.Formal notice of the request was e-mailed to Christine Bates, the board’s secretary, on Tuesday morning, by Michael D. Ford, the lawyer who filed the application for Mass Audubon.
It wasn't a large plume of smoke. More like a puff. It was white, with a dim flash of red at the beginning. Roughly 30 seconds after the smoke dissipated, a small fountain of water bubbled up to the surface. It was the first of what will be 50 blasts in the bedrock to make way for large boats carrying turbine components to the under-construction South Terminal. Bill White is director of offshore wind for the Massachusetts Clean Energy Center, which owns South Terminal.
In the lead-up to an important town vote on a proposed wind development, residents are hosting two Falmouth residents who fled their town after three wind turbines began operating there in 2010. Sue and Ed Hobart, who say living near three 400-foot turbines in Falmouth caused them to suffer negative health impacts, will take part in an informational meeting at 6:30 tonight at the Community Center.
Yet, countryside residents from Vermont to Massachusetts, and elsewhere, now claim not only environmental degradation but personal health problems from the imposing wind towers, which fans praise as emblematic of America’s clean energy future. Mike Nelson, of Albany, Vt., told WCAX-TV last November the resulting noise from the wind tower installments had cost him lost sleep and that neighbors were reporting headaches, symptoms of so-called “wind turbine syndrome.”
Mr. Koch has said that the most persuasive arguments against Cape Wind are economic, arguing that the project relies on government subsidies that could vanish tomorrow and that it would raise the cost of electricity, not lower it. ... “I am equally confident that the project’s lack of merit will result in its demise.”