Falmouth, Massachusetts USA November 1, 2018
Falmouth Select Board Members: Susan L. Moran, Chairman - Megan English Braga, Vice Chairman- Doug Jones. Samuel H. Patterson. Douglas C. Brown.
In 2005 the Town of Falmouth had a study done that included an acoustic decibel map showing a General Electric 1.5 megawatt wind turbine would break state noise regulations at up to 200 residential homes around the Wastewater Treatment Plant. The study stated that a Special Permit 240-166 was required. General Electric a domestic wind turbine company refused to place one single wind turbine.
Between 2010 and 2012 the Town of Falmouth went forward installing two Vestas V-82 commercial 1.65 wind turbines generating 110 decibels each almost twice as loud on the decibel scale as the General Electric wind turbine. The turbines were installed in disregard for public safety and health despite emails and a written warning from Vestas of America warning of the 110 decibels.
The Town of Falmouth in order to get ARRA, American Recovery, and Reinvestment Act, funds filed an EPA waiver to buy Falmouth Wind II a Vestas foreign made wind turbine. In that waiver, it said there were no domestic wind turbines available. The refusal by General Electric over residential setbacks and ice throw were omitted. The federal EPA waiver filed by the town referred to filing Special Permit 240-166 which the town never filed.
The town put the safety and health of its citizens at risk building the turbines using federal stimulus funds.
The Town of Falmouth after eight years of litigation witnessed on October 15, 2018, the production of a study to move Wind II to a new location because the courts have determined the turbines are a nuisance.
The study at a cost to taxpayers of $14,000.00 did not include an acoustic noise model done by experts and made no reference to Falmouth Wind II generating 110 decibels of noise. Safety & Health ignored in 2018.
In court testimony to shut down the wind turbines, expert acoustic testimony was given that a 108-decibel wind turbine needs noise setbacks at 2228 feet. The Falmouth wind turbines generate 110 decibels requiring even greater setbacks. There is no location safe at the Wastewater Treatment Plant.
The town hopes to move Falmouth Wind II and move the 5 million dollars loan/grant and project regulatory agreement with it to avoid paying the loan.
This brings us to what is ARRA Grant Fraud? Simply put, fraud is Lying, cheating, and stealing in the performance of a government grant, contract, or loan.
There is a fine line between Fraud and a Mistake… That line is Intent!
Ignoring the health and safety of up to 200 residential homeowners crossed the line creating a substantial and specific danger to public health or safety related to the implementation or use of covered funds.
The elements of fraud are: a false representation of fact, knowledge of the falsity by the party making the false representation, intent to deceive the party by making the false representation, reasonable reliance by the innocent party and actual loss suffered by the innocent party.
Where is the expert acoustical noise study to move Falmouth Wind II today?
The Town of Falmouth after years of omitting negative documents showing the wind turbines should never have been built are going forward again without any expert acoustic noise models with a wind turbine financed with ARRA funds that took the health and safety of residential homeowners
#1 ARRA --American Recovery and Reinvestment Act of 2009 Terms and Conditions May 2009
The Town of Falmouth created "a substantial and specific danger to public health or safety related to the implementation or use of covered funds."
#2 PRA --Project Regulatory Agreement Falmouth Wind II - Brokered by Massachusetts Department of Environmental Protection - Financed by Massachusetts Clean Water Trust with SRF, State Revolving Funds
#3 Wind Turbine Noise -- Can cause heart disease, tinnitus, vertigo, panic attacks, migraines and sleep deprivation.
Falmouth Select Board Wind Turbine Study To Move Falmouth Wind Turbine II
October 15,2018 Video