Falmouth Wind Turbine Trial Doctors Expert Testimony May Be Tossed
Falmouth residents of the multiple lawsuits are seeking protection from adverse health effects, and loss of use and value of their property
In Falmouth residents of the multiple lawsuits are seeking protection from adverse health effects, and loss of use and value of their property, by requiring illegally permitted wind turbines be placed away from their properties.
The Massachusetts court system recently this week showed one of multiple lawsuits filed over the wind turbines was scheduled to be heard from September 12 to September 16. The trial has been postponed again and the only thing on the court website is: ” On 09/12/2016 Opposition to to Motion in Limine to Exclude the Expert Testimony of Dr. Robert McCunney filed by Town of Falmouth”
A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.
The town is asking to exclude expert testimony of Dr. Robert McCunney ? Isn’t Dr. Robert McCunney the expert witness for the Town of Falmouth wind turbine number one ?
The original court file date is June 5, 2013. The case number is 1372CV00281 Town of Falmouth vs. Falmouth Zoning Board of Appeals et al.
I am no legal scholar but it appears from the posting on the court docket the Town of Falmouth is asking the courts to throw out testimony from their own wind turbine expert a doctor ?
Over time as the Falmouth wind turbine lawsuits have dragged through the court system for six years worldwide the setbacks are increasing and even doctors have changed their views on setbacks because of human annoyance or today what is called infra sound or low frequency noise.
Nils Bolgen the wind turbine director at the Massachusetts Clean Energy Center uses 2000 feet as the standard setbacks today.
Falmouth taxpayers are paying up to $300,000.00 every six months for wind turbine litigation and this is the strategy ?
It appears today that the safe setbacks to commercial megawatt wind turbines is five times the height of the turbines or in the case of one wind turbine such as Falmouth it would be 3000 feet. The Town of Falmouth has two wind turbines. Dr. Robert J. McCunney, a medical doctor and a research scientist at the Massachusetts Institute of Technology an expert witness for the Town of Falmouth Wind turbine number 1 permit . Wind turbines should be five ( 5 ) times the height of the turbines
Quote : “He said any measurable health effects, referred to in some circles as “wind turbine syndrome,” are in fact the result of stress reactions to a sound an individual finds objectionable or annoying. For that reason, he noted, some communities in the US observe a noise mitigation setback standard of five times the height of the turbine – more than three times the distance recommended by the CCC.”
Above quote from Enterprise Published: 01/28/11http://archive.capenews.net/communities/region/news/827
The Cape Cod Commissions wind turbine rules today are nearly identical to expert testimony which is hard evidence to overcome.Dr. Robert McCunney (expert witness for the Town Of Falmouth) graphical presented to the board why nearly 3000’ was necessary between industrial wind turbines and residents.
As a paid consultant by the Town of Falmouth , Dr. McCunney’s recently updated power point presentation appeared in conflict with his personal sentiments offered to the board. Contradictions and compromises to previously held positions by the good doctor are notable.As matter of note regarding Dr. McCunney’s power power presentation almost 200 residential homes are within 3000’ of Wind 1 and Wind 2
Falmouth, Massachusetts 2010
The next time McCunney appeared on my radar was his July 15, 2010 appearance in Falmouth .
It was a meeting before a number of people, some of whom had experienced first-hand the effects of living close to (in this case, just one!) a wind turbine. They were curious if their symptoms – all of which should be familiar to us by now – were due to the noise or were “in their heads”.
His explanation indicated their symptoms were due to annoyance, which in turn was due to their dislike of turbines. He had no explanation why presumably disinterested kids as well as people on record as supporting turbines were also having problems. He also ignores the possibility that maybe the annoyance leads to the dislike instead of the wind industry’s preferred other way around.I thought his statements were disingenuous enough that I started a posting on his activities.
File under annoyance. The Massachusetts Clean Energy Center is aware of two distinct types of noise from wind turbines. First regulatory noise measured in decibels and second human annoyance or today what is called infra sound or low frequency noise
Note # Town Meeting Member Dave Moriarty interviews Frank Haggerty https://youtu.be/taQTNw7B-4U