A Compromise

The turbines are exactly what Mass General Law C111 sec.143 was meant to prevent. The developers and two present members of the Fairhaven Board of Health ignored this law.  They ignore the damage they’ve inflicted. This project has failed and now they want to compromise?

The boss of Palmer Capital and Fairhaven Wind, Gordon Dean and his partners Sumul Shah and Jim Sweeney want a compromise. They have a compromise, shutting the turbines down from only seven PM to seven AM. The neighbors get twelve hours of peace and noise the other twelve. It sounds like the dealer who’s allowed to keep half the pot after being caught playing with a stacked deck and then asks for a bigger split.

Town officials from the beginning compromised their own town. Setbacks were framed around a predetermined location. The previous Select Board Chairman Bowcock and the Boards Executive Secretary Jeffrey Osuch worked in tandem and under the radar with the developers. They gave them a deal they couldn’t refuse.

According to Gordon Deanne, from an article in the Standard Times on 6/18, the project makes 1.1 million annum and from what Jeff Osuch said in a Standard Times Article on 6/14, residents get about $10 each a year. The Health Board Chairman Peter DeTerra ignored his Board’s legally mandated role. The Town Lawyer defended and continues to defend the developers, recently convincing the Health Board Chair to violate a privacy promise with a mass e-mail survey. People in the neighborhood around these things have had the deck stacked against them from the beginning and now the developers want a better compromise?

The Health Board compromised the law.  The Fairhaven Board of Health is required by the Noisome Trade Act, Mass. General Law Chapter 111, section 143 to ban any trade or employment, which would result in a nuisance, is harmful to person or property or negatively impacts health. If a proposal for such activity is brought forward The Health Board is required by this law to hold public hearings and determine if possible, a proper location. This never happened.  A new Select Board is elected, apologizes, begins to right a wrong and now the developers want to negotiate a compromise?

The truth was compromised. The developers and their friends in town government told neighbors there would be; no noticeable noise, no health issues, property values wouldn’t be impacted. The developers said minimum setbacks weren’t necessary; the turbines were guaranteed by the Chinese manufacture. The news about problems in Falmouth weren’t true or the turbines were different, Fairhaven’s were special guaranteed Sinovel turbines.

There have been over 450 noise complaints, people are unable to sleep, some are made dizzy by the low level sound and suffer headaches, homes have lost value some will be impossible to sell. The five Falmouth Selectmen voted unanimously in February to remove the turbines because of health impacts. Sinovel is being sued for theft of trade secrets so that promised guaranty might be problematic.

This project was compromised from its inception. The turbines are too close. They have been found to be out of compliance by a DEP biased towards wind developers. An independent acoustical engineering firm would find violations far in excess of those found by a state agency with a mandate of 2000 megawatts of renewable energy by 2020.

The turbines are exactly what Mass General Law C111 sec.143 was meant to prevent. The developers and two present members of the Fairhaven Board of Health ignored this law.  They ignore the damage they’ve inflicted. This project has failed and now they want to compromise?

A new compromise, after an earlier town government dealt a winning hand to the developers, cheating their own citizens out of the enjoyment of their homes and risking their health? Health & home can’t be compromised. It’s time to pull the plug. Take the stacked deck away and kick Dean, Shah and Sweeney out of town. They can take their two 400 foot Chinese Sinovel turbines with its stolen software with them.

Call that a compromise.

Henry Ferreira, Fairhaven, MA

 

 

 

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