KINGSTON – Town counsel says there would be no real chance of avoiding litigation if the Board of Health were to immediately issue an order shutting the Independence and O’Donnell wind turbines down without scientific evidence.
Despite heartfelt pleas from residents, the Board of Health took his advice for avoiding potential litigation, voting 4-1 against taking action against the owners of the Independence until a study by the Massachusetts Clean Energy Center has been completed and it’s proven that the Independence is out of compliance with state regulations.
Residents like Dan Alves, who say their lives have been harmed by operation of either the Independence, three O’Donnell turbines, or both, are convinced that the Independence, the focus of the CEC study, will prove to be out of compliance.
“We have no doubt whatsoever that it’s way out of compliance,” he said.
These residents argue that board should have done the right thing regardless and ordered an immediate shutdown of all four turbines. Town Counsel Jay Talerman advised that if the town were to lose a court challenge from the turbines owners at this stage, without the science, it could be harmful to the case.
“I think you should have what you need to win,” he said.
The owners of the Independence have committed to within a week of Monday night’s meeting responding to a Board of Health request that they decide if they will offer to mitigate the disruption to the lives of residents who say they have been harmed by its operation before the study has been completed.
For the complete story, read the Kingston Reporter and check back online at www.wickedlocalkingston.com.
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