Homeowner: “I will have to move due to the constant noise and flicker shadow that comes into my home”
Iberdrola and the same sound engineer who did the work on the original Clayton-Thousand Island Horse Creek industrial wind turbine sacrifice zone is still involved in a lawsuit with Herkimer County homeowners.
Fairfield homeowner, ” I will have to move due to the constant noise and flicker shadow that comes into my home.”
In 2012 more than 60 residents of Herkimer County sued the developer and their sound engineer claiming that the 37 turbines they built are bigger and noisier than they were told during the planning stage. They claim the turbines are causing health problems and depressing their property values. Plaintiffs have said they will have to move from their homes.
The plaintiffs are represented by, Melody D. Scalfone (www.scalfonelaw.com) and Jeff DeFrancisco (email@example.com). The lawsuit has been in local, state and national news. Attorney Scalene has traveled with one of the plaintiffs to other states to give testimony concerning living under industrial turbines.
From a source, JLL has learned that the lawsuit that you can read at this link is progressing.
Some of the claims against Iberdrola and their sound engineer:
94. The Defendants represented to the Town of Fairfield and residents in the areas where the turbines were placed that the subject wind turbines would not be noisy, would not adversely impact neighboring houses, and there would not be any potential health risks.
95. Defendant Atlantic Renewables LLC released “projected” noise levels that showed that the wind turbines would not go over 50 dB.
96. The aforementioned 2006 noise level study by Defendant Atlantic Renewables LLC was based on projections for General Electric 1.5LSE, 389-foot tall turbines, and not the Gamesa G90, 476-foot turbines, that Defendants collectively placed in the Hardscrabble project.
98. The Defendants failed to adequately assess the effect that the wind turbines would have on neighboring properties including, but not limited to, noise creation, significant loss of use and enjoyment of property, interference with electrical functioning of homes such as satellites, television, internet and telephone services, diminished property values, destruction of scenic countryside, various forms of trespass and nuisance to neighboring properties, and health concerns; among other effects.
99. Despite the foregoing, and in opposition to many residents who own property in close proximity to the wind turbines, in 2010 the Defendants erected 37 Gamesa G90 wind-turbines that stand 476 feet tall in and around the Towns of Fairfield, Middleville, and Norway, New York.
102. In 2011, the Defendants conducted a noise study that showed noise levels as high as 72 dB.
103. As a result of the aforementioned 2011 study, the Defendants thereafter faulted their own study and conducted two additional noise studies to demonstrate compliance with the Town of Fairfield’s Local Ordinance 1 of 2006, which sets the maximum noise level at 50 dB.
104. These new studies conducted by the Defendants show the average wind speeds, direction and expected percentage of operation.
105. The Defendants’ new studies did not measure the maximum wind speeds and do not measure the noise levels in the winter months, when the noise levels are higher.
106. The Defendants’ new studies fail to acknowledge and assess the extent of the problems, including the full log of Plaintiffs’ complaints that are in the thousands.
108. Since the huge wind turbines in this project produce very little electricity, when the government subsidies expire, the people in the Hardscrabble area will be confronted with a poorly maintained and deteriorating wind energy facility that may one day become derelict.
114. The Defendants’ noise studies also fail to address the aforesaid levels of infra and low frequency sounds by only focusing on audibility, and not on other sensations such as vestibular and other symptoms that fit with the Wind-Turbine Syndrome profile or other health concerns.
115. The wind turbines are causing such significant problems and/or injuries that residents, including the Plaintiffs, are continuing to have many difficulties on their properties, house values have been significantly compromised, and some residents were even forced to abandon their homes; among other damages as set forth in this complaint.
121. The aforesaid Defendants carelessly and negligently created and/or assisted in the creation of the massive wind-turbine structures that have caused and continue to cause significant harm to residents in the area of the turbines.
122. The aforesaid Defendants carelessly and negligently failed to adequately disclose the true nature and effects that the wind turbines would have on the community, including the Plaintiffs’ homes.
125. The amount of the damages sustained herein by Plaintiffs exceed the jurisdictional limits of all lower courts.
128. The studies performed by CH2M Hill, Inc. and Mark Bastasch, P.E., INCE lacked a total and real assessment as it related to the potential harm.
129. It is a requirement of acoustic engineers, pursuant to the International Conference on Electrical and Electronics Engineering and civil engineers (as per New York State licensure) to protect public safety, health, and welfare.
130. Defendants knew or should have known that the wind turbines erected produce acoustic pressure pulsations that affect peoples’ health.
131. It was the responsibility of CH2M Hill, Inc. and Mark Bastasch, P.E., INCE to advise their clients and the public, including Plaintiffs, of the potential for adverse health risks and other impacts to property in the Hardscrabble project area.
133. As a result of the aforesaid, the Plaintiffs have suffered significant and permanent injuries as more fully set forth herein.
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