Judge Orders Falmouth to Run Wind Turbines on 12-Hour Schedule

Wind turbine noiseThe Enterprise
Barnstable Superior Court Judge Christopher J. Muse has ordered the town to operate its wind turbines at the Wastewater Treatment Facility for 12 hours per day except on Sundays starting today.

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. That agreement—to reduce the operating hours of the turbines from 16 hours per day to 12 hours per day as a temporary move toward a more comprehensive settlement—was tied to the town’s appeal of the Falmouth Zoning Board of Appeals decision in May upholding Neil P. and Elizabeth Andersen’s claim that the wind turbines constitute a nuisance. The Andersens live near the turbines on Blacksmith Shop Road and have been outspoken in their criticism of the machines and impacts they have had on their lives shortly after the first, Wind 1, became operational in March 2010. Read article

29 thoughts on “Judge Orders Falmouth to Run Wind Turbines on 12-Hour Schedule

  1. holy hell!! I almost fell off my chair is this true??? Is there a higher authority that has a brain out there to dare say anything to a wind proponant!!!???

    This judge should be hoisted on shoulders and paraded around!!

    Putting the people first and to add insult to injury to the wind slime, praising our own holidays!!!

    My god someone get this mans address so we can send him our support!

    We should send this on to our so call representatives ( before the gov hacks this guy job! )

    ….guy WITH a brain in court…. I think theres a tear in my eye!

    This is huge!!!

    • And Duke Energy has agreed to pay one million dollars for killing protected birds. Makes you think you can indeed be hopefully this Christmas holiday season!

  2. I agree. This is excellent. Hopefully other courts can use this result.

    What I wonder is if there will be an appeal. Surely Wind companies are not going to leave this. Or maybe they realize it is the end of the “gravy train”. Hmm.

  3. Injunction: …….and, the wind turbines are still on till 9PM [just to be nasty]

    ‘[excerpt] This morning Town Counsel Frank K. Duffy Jr. said he was unsure why the board could not come to an agreement on the matter. “In the end we wound up exactly where we would have been, turning them on from 7 AM to 7 PM,” he said.

    In his ruling Judge Muse wrote that the “town’s actions, (or inactions), require this court to employ its direction in ruling upon the Andersens’ motion…”

    He later noted that the Andersens “have a substantial likelihood of success on the merits of their position that the ZBA’s decision that both turbines created a nuisance” and that if the court did not file a preliminary injunction “the Andersens will suffer irreparable physical and psychological harm.”

    Judge Muse said that while the town may suffer financial penalties for the reduced energy production of its turbines, the Andersens would benefit from his proposed operational model, noting that “they will experience sufficient periods of time to sleep and relax in their home, with a commensurate increase in the use and enjoyment of their impacted property.”

    Mr. Duffy said the town has the right to appeal Judge Muse’s injunction within 30 days. He said he believed that Town Manager Julian M. Suso would be asking selectmen to hold an executive session to discuss that matter further.

    If the board does not vote to file an appeal, he said, Falmouth would have to wait until Judge Muse either releases the preliminary injunction or the court case goes to trial. Mr. Duffy said this case is not scheduled to go to trial until December 2014 at the earliest. “For what it is worth we will continue talking to neighbors about reaching a solution,” he said.
    1st comment is interesting.

    • ‘[excerpt] Malcolm Donald

      Superior Court Judge told Falmouth Town Counsel, Frank Duffy, that he was very disappointed that the Town of Falmouth hadn’t abided by the November 7th agreement with Neil Andersen to run the wind turbines 7AM to 7PM. Judge Muse made it clear that when an agreement between parties is presented to him that he can expects it to be enforced. “Agreements stand as orders” said the judge. An embarrassed Mr. Duffy told the judge that he couldn’t get consensus from Falmouth Selectmen. 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. Selectman Moffitt, who was in on the negotiations, went so far last week on Town Meeting floor as to advocate running the turbines 24/7.’

      Town of Falmouth vs. the Falmouth Zoning Board of Appeals?

    • ‘[excerpt] That agreement—to reduce the operating hours of the turbines from 16 hours per day to 12 hours per day as a temporary move toward a more comprehensive settlement—was tied to the town’s appeal of the Falmouth Zoning Board of Appeals decision in May upholding Neil P. and Elizabeth Andersen’s claim that the wind turbines constitute a nuisance.’

      It appears everyone agreed to an agreement – but ‘selectmen’ – did not.
      So it’s not over.

      Who or what is – Falmouth Selectmen?
      Wastewater Treatment Facility?
      But, that doesn’t make sense.
      Too confusing.
      But, they’re pissed off, and, that’s well understood.

      • I think a “selectmen” is like a municipal councillor here.

    • ‘[excerpt] Selectman Moffitt, who was in on the negotiations, went so far last week on Town Meeting floor as to advocate running the turbines 24/7.’

      One thing is for sure – it’s not over.
      It could get nasty.

      • Here’s another thing — that’s ‘for sure’:

        The ‘harm’ isn’t happening — “by accident.”

        You say, “there is an intent to injure.”

        (I wonder what Ontario Court of Appeal justices might say about this…..)

  4. Interesting story on Bishop Hill….

    The sound of the wind

    Mike Stigwood is an acoustician. An ex-environmental health officer he now runs his own consultancy and has developed something of a specialism in wind farm noise and has uncovered some major problems with the official limits on noise levels. As I understand it, the guidelines are measuring average levels of noise, while wind farms emit sounds that ramp up and down as the turbines rotate. This “amplitude modulation” makes the sound particularly obtrusive and the fact that the rhythm changes constantly makes it hard to ignore too. You can get a sense of this at the example here (Follow his link at this point) (although note the caveats). After the talk people in the audience described having to abandon parts of their homes because of the constant drone, and Stigwood put out a call for people willing to testify about what they were going through.

    Follow the “here” link to the noise complain — on the BH site:

  5. Last I heard these turbines were to be shut down and removed? So what’s up with that, I wonder ?

    • Douglas…… It’s called “Compromise”!! WE roll over and give in to the wishes of our Provincial Government, the “Wind” Companies and our greedy neighbours and they toss us a bone….. a very small bone!

  6. As I recall the problems is that if the turbines are shut down the town/people will still have to pay for them which they can’t afford to do.
    So running them half time will produce some money.
    They got themselves into a real bind with the turbines.

  7. Capecod Online
    “More confusion on Falmouth turbines”
    These are two town owned turbines that the court ordered on Nov.7 to run 12 hours a day but a week later they are still running from 5AM-9PM.
    The town still owes $11 milion on thes two turbines.
    This is a premium news article but you can use BING to get this information.

    Good example of community owned turbines and who has to pay for them.
    Selectmen here are town council members. Selectmen title can also be used for state representatives or at least in olden times they were known as selectmen.

    • Did somebody have a whored of these Vestas 1.65 MW IWTs they needed to get rid of?

      In the Clear Creek/Cultus/Frogmore IWT Zone, 18 Vestas V82 1.65 MW IWTs came online in 2008.

      Two years later, they needed MAJOR repairs. They had to bring in the big crane–that took more than a day to put together–to lift the replacement component to the nacelle!

      Must have been expensive….

      Take a look here:


    • Bank of Scotland PLC
      registering on land title
      “No Sec Interest” in 2007
      (as wind turbines being built.)

      June 26, 2008 registering
      $500,000,000 ($500 million!)
      Parties from: AIM SOP Phase 1 GP Inc. and AIM SOP Phase 1 GP LP
      Parties to: Fortis Capital Canada Ltd

    • I’m trying to post a link that has a detailed description about everything that has happened in Falmouth and it won’t let me.

  8. These events would make a good comedy movie!
    Those involved in community based wind power in P.E. county should read all of this information. You buy IWTs and you have to pay for them.

  9. There is a push on in Ontario to have local communities become involved with IWTs and to have community based wind power.
    Read the events that have taken place at Flmouth and any sane community would avoid involvement with IWTs.
    Communities can’t afford to mess around with wind energy.

    • Ontario so closely parallels……

      Premier Social Justice –
      and, the constant acknowledgement…….
      ‘we hear you’ – cha-cha-cha

      The green business fussiness of the model; and,
      the vaguely conceived ‘green clean stuff’ –
      is now being expressed with certainty –
      are you ready? All together now!
      ‘we hear you’

      What’s in a name change? – $75 million in federal grants

      ‘[excerpt] The Massachusetts Technology Collaborative is charged with promoting innovative sectors, such as the life sciences, including biotechnology, and alternative energy. But its role has been diminished by the creation of two new state agencies, the Massachusetts Clean Energy Center and the Massachusetts Life Sciences Center.

      In 2009, for instance, the job of steering money to Massachusetts clean energy firms was transferred from the tech collaborative to the Clean Energy Center.

      Nevertheless, officials at the tech collaborative say the agency still plays a major role in supporting health care technology, broadband, nanotechnology, and other areas. A spokeswoman noted that the collaborative has won $75 million in federal grants over the past 18 months.

      Wendy Everett, a nonprofit leader who has worked with Adams for years, chalked the administration’s move up to politics.’

      ‘[excerpt] Created by the Green Jobs Act of 2008, the Massachusetts Clean Energy Center (MassCEC) is dedicated to accelerating the success of clean energy technologies, companies and projects in the Commonwealth—while creating high-quality jobs and long-term economic growth for the people of Massachusetts. Since its inception in 2009,……’

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