The Board of Health’s Wind Turbine Dance Card

IT'S TIME TO DANCE 

The Board of Health decided at their March 4, 2013 meeting, that any further decisions must be supported by scientific evidence.  Unless new research comes before the board, the board is content that the 12 hour night curtailment of the town’s two industrial sized wind turbines mitigate the “sleep disturbance” condition effecting many residents (http://www.falmouthmass.us/meeting.php?depkey=health&number=5441).

A short review - 

- May 24, 2012 the Board of Health convened an emergency public hearing to take testimony from adversely impacted residents (http://www.fctv.org/v3/).  The result, the board initiated two urgent requests to state public health and public protection agencies.  The correspondence asked for interim guidance addressing the potential existence of unhealthy conditions purported by residents, and state aid in constructing, conducting and interpreting a health/sleep survey.  Health Board Chairman  Harkness said the survey would give the board answers about how many people are experiencing symptoms like sleep disturbances and headaches, giving a truer prevalence of symptoms.

- January 28, 2013 the Falmouth Board of Health was advised that the state would not be participating in the survey examining the health effects of Falmouth’s wind turbines on local residents.  The board’s decision tossed the issue into the political arena when the board placed ‘on hold’ the continuation of the survey pending a decision by the Falmouth Board of Selectmen on the future of the town owned turbines (‘Health Board Puts Turbine Survey On Hold’  - Falmouth Enterprise - Jan 29, 2013).

The Massachusetts Department of Public Health (DPH) has broad power and responsibility for protecting the health of the state’s population.  DPH works closely with local public health officials and has joint and concurrent authority with Boards of Health to investigate and control nuisances.  Local Boards of Health also work in cooperation with the Massachusetts Department of Environmental Protection (DEP) on protecting the public from health threats related to air and water pollution.

The general structure, powers, and duties of local boards of health are found at "http://www.mass.gov/legis/laws/mgl/gl-111-toc.htm.”  Boards have authority to adopt and enforce reasonable health regulations under M.G.L. c.111, s.31.  Case law upholds boards’ authority to adopt regulations that are more restrictive than state standards so long as the local regulations do not conflict with state law and are not specifically preempted (http://www.mass.gov/legis/laws/mgl/111-31.htm).

In light of the recent ZBA nuisance decision regarding the turbines, and the fact that the turbines continue to turn, I’m left questioning “What is the Falmouth Board of Health THINKING?”   I understand, due to political issues, the ZBA decision will need to be decided in court.  Yet, the ZBA decision stands until determined otherwise, and serves as catalyst for the BoH to become pro-active. 

I remind the Board of Health, as well as the reader Mass.General Law: Chapter 111:

Section 122. The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel (https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section122). 

It’s time the BOH gets on the dance floor. It's time for a little “Wind Turbine Tango.” This means that effected Falmouth residents should expect to have their complaints investigated, given the finding of “nuisance” at at-least one property.  The board once had the initiative to investigate.  Despite the board's insistence that the issue is political, they ignore the root issue.  It is, and always has been about health.  

It’s time the Falmouth Board of Health becomes present to the issue at hand, and more important, to their statutory duty to support wellness and to prevent hazards and illness in our community.