KINGSTON – The Board of Health is pursuing the option of having in-house counsel help draft a regulation for wind turbine flicker.
Town Counsel Jay Talerman will be invited to meet with the board to discuss drafting a turbine regulation.
But not every board member is convinced this is the best option. Toni Cushman questioned Talerman’s ability to draft a regulation, considering his position as counsel representing the Board of Selectmen in contract negotiations with the turbine owners.
Board of Health Chairman Joe Casna said Talerman released a statement declaring that he has always maintained he is comfortable drafting a regulation.
“You will be able to speak directly to town counsel to express your concerns,” he said Monday.
Cushman said she still wants to keep the option of hiring special counsel on the table and asked if Casna had reached out to town counsel in Bourne, where a flicker regulation has been adopted. Casna said he had not. Bourne has adopted a Wind Energy Conversion System regulation that addresses flicker, but the town does not have turbines.
Board member Bill Watson said one task whoever drafts the regulation should take is to review flicker regulations adopted in Bourne and elsewhere, including towns with turbines and specifically privately owned turbines on town-owned land by lease agreement.
The board had planned to hire a consultant but contract negotiations broke off without an agreement.
Casna updated the board on the timetable for the release of a preliminary report based on the data collected during an acoustical study of the Independence wind turbine. He said the analysis of the data and release of a preliminary report could take at least four to six weeks.
The collection of data has been suspended after the Massachusetts Clean Energy Center and its consultants have determined that enough data has been collected from the properties closest to the turbine.
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