Better Plan, Wisconsin

Those of us who want safe setbacks from industrial wind turbines are used to being called names by wind developers. It's to be expected. They are salesmen trying to make money, and the way to make that money is to build as many wind turbines as possible, placing them as close as 1000 feet from our homes whether we want them there or not. When we question this, it's understandable that they would try to shut us down in any way they can. After all, that's just business as usual, right?

But when an elected official does this to members of his own community who have gone to him with serious complaints about the trouble they are having living amid the wind turbines, it's much more than just business as usual. Click here to watch Milwaukee News anchor Ted Perry speak out about local officials in Byron, Wisconsin who have turned their backs on the troubles the wind turbines have brought to the people in their community.

Below is the transcript of what Milwaukee anchorman Ted Perry had to say on May 7 during the channel six evening news: (To watch the story on wind turbines he was commenting on, click here)

"I learned a few thing researching our story on wind turbines. Lesson one, few people are actually against them but many people are against the irresponsible placement of wind turbines, and there's a big difference.

Lesson two, a lot of bad blood could have been and should have been prevented. you see the state required more wind energy but left a lot specifics of placement up to local government. And after talking to a few of those officials, I had a better sense of the frustration land owners like Larry Wunsch feel. Larry moved to the country years before this project began and told developers he didn't want turbines on his land and felt townships officials didn't listen to his group when they listed their concerns. Now he's surrounded by them.

One of those elected officials told me off camera that the complainers are 'implants' and not old stand-by people-- his words. Really?

Larry's a fire- fighter, an occupation that requires a solid stand-by personality, don't you think? He's also lived in the township for 15 years.

Another town official refused and on-camera interview after saying he'd do one but insists he'd vote for them again. I went to his house. You cannot see or hear the wind turbines from his place it's worth noticing.

Madison needs to give the Public Service Commission what it asks for. The ability to step in to hear the complaints of those people who have been left twisting in the wind of a multi-million dollar movement.

 
And this, an editorial from today's Fond Du Lac Reporter from a Byron Resident living near turbines. It's in response to a letter from a Mr. Gary Trew that ran on May 8th. (Click here to read it at the source)

 LOUD WIND TURBINES DO NOT BELONG NEAR HOMES 

by Sandy Vercauteren
Byron, Wisconsin

Mr. Trew, I am not an engineer so I cannot comment on topics 1 through 4, but I am a health-care professional and a homeowner who lives in the wind factory, and would like to correct topic No. 5.

Wind turbines are noisy a lot of the time — very noisy.

There are two sounds, a motor drone and an intermittent whooshing sound. The noise is constant, loud and penetrating. This noise penetrates my house; especially my bedroom at night, when it is at its loudest because of the cool air at ground level. This noise is with my windows closed. Disturbing your sleep, yes; good for your health, no.

Your comment that this is a noise crickets can drown out is wrong. The sound from the turbines drowns out the noise of the crickets. It's obvious you have not experienced turbine noise in your bedroom.

I challenge your definition of wind opponents. Most of us have lived in our homes many years, myself over 30 years. We are small business owners, health-care workers and firefighters. We go to church, work every day, and pay taxes. You rue the loss of prime farmland to McMansions. Who is selling them the land? What about the 25 miles of prime farmland paved as access roads to the turbines?

Your comment that we have "not-in-my-backyard attitudes" makes me wonder if this happened to your parents' or children's homes, would you be so vociferous about other people's complaints, or would you tell your family members to just "suck it up."

Maybe you need to listen closer. We don't say we are against wind power, but these turbines do not belong near homes; making people suffer consequences of flicker, noise and flashing lights, that affect the "salability" of their homes, their retirement, their life investments, their peace of mind or their health.

I hope the other facts presented in your letter have more credibility than those concerning noise. I feel the wind factory is an example of big business pushing its agendas without ethical considerations.

Sandy Vercauteren is a Byron resident.

 Wind energy and eminent domain 

The BPRC has asked three times for information to help us verify the results of a survey paid for by wind developer, EcoEnergy (as reported in the Janesville Gazette--click here to read it)

As of May 31, still no response from Mr. Bjurlin, of EcoEnergy, though we saw him live and and in person at the Town of Union public hearing about the wind ordinance. We are surprised that a company that has its sights set on dramatically changing the lives of so many people in our community wouldn't bother with a reply to our requests for information. The words "arrogance" and "entitlement" come to mind. Also "rudeness". But wind developers are not known for caring much about the communities they wish to make money off of. EcoEnergy's refusal to respond is evidence of this.

Today we feature the third chapter of a noise log kept by a Brownsville family who live 3/4 miles east of South Byron in Fond Du Lac County, Wisconsin. The new wind turbines have just gone on line there in March. (click here to download the entire diary)

They aren't the only family we've heard are having turbine troubles. Since posting the first diary entry, we've heard from several families. Children seem to be especially affected by the turbine noise and resulting headaches.

If you are having problems with turbines it's important you start a day-to-day diary right away so you will have a record of what is happening to you. And please let us know how you are doing! We will do all we can to get your story to our legislators and to others who may be able to help. CONTACT US!

April 28 –
Quite peaceful today

April 29 –
6AM. Turbine turning slow with little sound.
3PM Turbine not turning.
It has been a peaceful today, however now, at 10:30 PM turbine #4 is back to it’s rather loud sound, somewhat like a large train engine under load with the whooshing sound of the blades.
Midnight- I can hear #4 from my dining room.

April 30 –
5:30 AM low noise.
3 PM. Moderate noise.
9:30 PM. Jet sound our like having your car window open 1/8” while driving down the freeway…annoying.

May 1 –
6 AM. Fairly quiet

May 2 – 6 AM.
Not much sound.
3 PM. Louder.
7 PM. Wind is from the south or a little south west. This is the loudest sound in 3 or 4 days. We can hear turbines 4, 6 & 73.  Number 4 sounds like a jet flying over, number 73 a deep sounding thunk.
Sitting at the computer at 11 PM. I can hear turbine sounds. Our oldest son (age 33) said, “When it is calm it sounds like the generator humming. When it is windy I hear air going through the blades”.

May 3 –
6 AM. I have not been outside yet this morning, but I can hear turbine #4 or #73 (or both) while in the house. Someone chose 50 db of sound as being a standard or OK or as an acceptable sound level. What ever the level by whomever it was, this is not acceptable.
 5:30 PM. Loud jet sound. I can hear turbine #4 from our mailbox which is another 150’ added to 1560’ and the length of our house. Weekends seem to be loud. I can hear low sound of #4 inside the house.
11 PM. Loud jet sound. I can hear #4 and #73.

May 4 –
7AM. Turbine is turning slow and quiet.
12:30 PM. 30’ from the house door turbine #4 sounds like the F16’s flying over at the NASCAR race at Brooklyn, Michigan. I can also hear the sound in the house as I write this. I can also hear turbine #73, keeping in mind that 73 is 2480’away from the house.  Does that suggest that the 1000’ or 1800’ is not enough set back from the turbines that energy companies and the PSC say make little or no noise? It sounds like a political campaign: Tell the lies now and hope the constituents forget or deal with reality later.
           
 Tonight turbine #73 and #4 seemed to be fighting with each other. They both are loud. I walked closer to turbine #4 so that I was 1350’ away. That meant I was 2690’ from turbine #73. That’s 100’ more than half a mile away and it was louder than turbine #4. The wind at ground level was straight from the S-SW. In the inside front of the house I can hear turbine #73. In my family room in the back of the house (56’ long) I hear turbine #6 or #4. It is not the sound of a jet flying over or a whoosh, but more like hearing your heart beat with a stethoscope.

May 5 –
5:30 AM. Same sound as last night.
6:30 PM How nice. It is calm and all the turbines are still. The robins and cardinals are happy too I hear them chirping. I had not noticed them when the turbines are loud. I will pay closer attention to listen for that in the future.

May 6 –
5:15AM. I can hear turbines 4 and 73 quite loud.
4:30 PM. Turning quietly.
11:00 PM. I have the kitchen door and combination door open. It is loud with the two turbines sounding like they are fighting to see who can win at being the loudest.
11:30 PM. I am sitting by the computer. I can hear turbine #73 grinding away. Remember that  one is 2480’ away from the house. Usually I get past the large pine tree 30’ from the house before the sound gets my attention. Tonight the turbine sound was loud on the porch just outside the house door.

May 7 –
6:15 AM. Again the loud sound right outside the door. For the people that say “Oh, you will get used to it”, you are wrong. The sound is getting more aggravating and annoying.
3:20 PM. I have been neglecting turbine #6 for a while. I won’t today. At the moment it is louder than turbine #4. In case you don’t care to go way back to the beginning of this log turbine #6 is about ¾ of mile away or about 3960’ away + or - a few feet. That would give the impression that a 1000’ set back approved by the WI PSC is certainly insufficient and inept.
11:15 PM. Turbine #4 is moderately grinding away. Our 13 year old son had some late school work to do. He went to bed at 10:00PM. He should be tired. At 10:40 he came down stairs and to our bedroom where I was talking on the phone. He had an over sized piece of paper that he had drawn a picture of a wind turbine on. Yes, he should have been sleeping, however he couldn’t  sleep. He had opened his window because it was nice outside and could hear the turbines #73 and #4 from his open window. Probably turbine #73 because that window faces the south toward turbine #73. He also had a headache. This morning at the table for breakfast he also complained that he still had a little bit of a headache.

May 8 –
5:45 AM. Turbines are slow moving and quiet.
10:00 PM. Quiet.

May 9 –
6:00 AM. Only a few of the 86 turbines are turning. From somewhere on my property or the center of the road I can see all 86 of turbines in this wind farm. It is very peaceful and quiet.
10:30 PM. Peaceful and quiet. It is rare.

May 10 –
 6:30 AM. Turbine #4 is turning slow. I can hear the turbine while walking in the back
of our property.
11:30 PM. I can hear #73.

May 11 –
7:30 AM. My wife did not sleep well last night.
The turbines are not very loud at this time.
12:15 PM. to 5:00 PM. The wind is from the north with the sound of a jet flying over, very annoying.
9:30 PM. I can hear the beating sound of turbine #4 while sitting at the computer.
10:20 PM. The turbine is loud and violent, ripping through the night sky. Late this afternoon I took a pain killer for my headache. I can’t think of when I took a pain-killer for a headache. At least a year as it is extremely rare for me to have a head-ache. I did not sleep well. This has happened several times when hearing the turbines from inside the house.

May 12 –
5:30 AM. Moderate sound.
4:45 PM. I can hear turbine #4 over road traffic in front of our house.
11:00 PM. Jet sound.

May 13 –
5:20 AM I can hear turbine #73 from in the bathroom.
6:15 AM. I am walking in the yard and can hear a number of the turbines. I walked away from #73 toward #4. When I was about 2737’ from turbine #73 it is still very loud, but now is close to the sound of #4.
3:30 PM. Turbine continues to be loud.
4 to 7 PM. I worked in the garden. There were times when it sounded like a Chinook helicopter doing heavy work. Very loud.
9:00 PM. Turbines #4 and #73 are ripping through the sky. At times #73 is loud like blasting in a stone quarry. A loud, pounding sound. I hear them while at the computer once in the house.
 
NOTE FROM THE BPRC RESERCH NERD: Click here to watch a video that gives some idea of what the turbines sound like. Below is a detail of a map of the Brownsville turbine locations. The turbines mentioned in this post are located in the north east section. Each red dot is a 40 story turbine. (Full map is also posted below and may be downloaded for printing by clicking here)

GOT TURBINE NOISE?
We've been following this story since the the middle of January when trouble with the noise from turbines in this community was first reported. Read about it in the 1/18/08 Special Features Archive Called "Got Noise?"

Four and a half months later, the noise goes on--

Couple goes to court for windmill distress

(Click here for source) 

 
HOLLIDAYSBURG — The Juniata Township couple seeking relief from noisy wind turbines has taken their complaint to Blair County Court.
    Todd and Jill Stull, in a lawsuit filed at the courthouse, accuse Gamesa Energy USA LLC and the Allegheny Ridge Wind Farm LLC of destroying their quality of life and damaging their health. They’re seeking an injunction ordering the noise to be reduced.
    Ever since the wind turbines were built on acreage spanning Blair and Cambria counties, the Stulls say they have endured excessive noise and vibrations, causing loss of sleep, emotional distress, inconvenience and loss of property value.
    “Defendants’ wind turbines have destroyed the peaceful environment formerly enjoyed by plaintiffs and their neighbors,” the lawsuit states.
    Representatives for Gamesa Energy and Babcock & Brown, which owns the Allegheny Ridge Wind Farm, said Thursday that they had not yet received the lawsuit and declined comment.
    In April, Juniata Township supervisors commissioned a study to determine if the turbines exceed the noise level allowed by township ordinance. Solicitor Michael Routch said the information is needed if the township is to force action to reduce noise at the request of residents.
    Pittsburgh attorney Bradley S. Tupi said the Stulls’ lawsuit is based on nuisance laws applicable when a property owner uses his property in a way that interferes with how others use theirs. These laws historically surface in noise disputes between airports and neighbors, with rulings often reflecting who was there first, Tupi said.
    The Stulls have lived on their 100-acre property since 1992.
    The 30-turbine wind farm, which spans five townships and borders the Stulls’ property, went into operation in 2007.
    The lawsuit also accuses Gamesa and the wind farm of securing permits and approvals to build on the basis that the turbines would cause no noise. Based on that premise, Tupi said the Stulls raised no objections or appeals to the proposed project, but now find themselves exposed to noise, vibrations and flicker during a setting sun.
    “There is no question that the noise from these turbines are having a terrible effect on the Stulls,” Tupi said.

In the common pleas court of Blair County, Pennsylvania

TODD STULL AND JILL STULL
Plaintiff,

v.

GAMESA ENERGY USA, LLC and
ALLEGHENY RIDGE WIND FARM, LLC

Defendants

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF (partial list)

14. Some of the industrial wind turbines are as close as 2,400 feet from Plaintiffs' home.

15. Before the wind turbines were erected, Plaintiff's property was a quiet, rural location where the predominant sounds were those of songbirds and leaves blowing in the wind. Defendants' wind turbines have destroyed the peaceful environment formerly enjoyed by Plaintiffs and their neighbors.

16. During windy conditions, the mechanical turbines become extremely noisy. The turbine blades make a "whooshing" sound almost like jet aircraft, except that the sound is cyclical, alternating louder and softer over short intervals. The turning of the industrial wind turbine hub housings to face the wind (or otherwise) makes a piercing, screeching, metal-on-metal noise.

17. The noises from the turning turbine blades can last many hours or even days. The noises from the turning of the hub housings are of shorter duration. The noises occur during daytime and nighttime. The noises are unpredictable and are generated without notice to Plaintiffs. The noises are audible inside Plaintiffs' home, even with windows closed.

18. The turbine noises interfere with Plaintiffs' sleep. Since the operation of the industrial wind energy facility began, Plaintiffs have not been able to sleep with their windows open, and even with windows closed Plaintiffs use an indoor fan to create "white noise" in a vain effort to cancel out the noise of the mechanical turbines outside.

19. The mechanical turbines also generate disturbing, low-frequency vibration that adversely affects the Stulls and their property. Both the audible noise and the vibrations, either individually or collectively, make Dr. Stull so uncomfortable that he often cannot sleep at night. Sometimes he goes down into an unheated cellar to try to find a quiet place to sleep.

20. Dr. Stull has experienced stress, anxiety and frequent disruptions of his sleep as a result of the noisy wind turbines.

21. The turbines' noises have a negative effect on Plaintiffs' enjoyment of their property and quality of life. The noises disrupt Plaintiffs' efforts to entertain guests on their property. The noises disturb Plaintiffs' use of their property for all outdoor family activities including hiking, hunting and other recreation.

22. Upon information and belief, the turbines' noises have diminished Plaintiffs' property value.

23. The turbine blades also create a disturbing "flicker" effect as they turn in the light of the setting sun. This also adversely affects the Stulls and their use and enjoyment of their property, including watching birds and wildlife, and hunting.

24. In order to induce state and local officials to grant permits and approvals necessary for construction of the industrial wind project, Defendants Gamesa and Allegheny represented that the wind turbines would be quiet. Those representations were false.

25. Plaintiffs relied upon Defendants' misrepresentations inter alia, by declining to oppose permits for the industrial wind energy project, by declining to appeal various local and state approvals of the project and by declining to sue to halt the project.

26. After the industrial wind energy facility was constructed, Plaintiffs complained about the turbine noises. Defendants offer various unsatisfactory explanations. Sometimes Defendants asserted that there simply were no noises. On other occasions, Defendants said that the turbine blades were defective and needed to be replaced. Defendants allegedly replaced the tape on the blades in January 2008, but the noises continued.

27. At various times, Plaintiffs have measured the noises from the turbines on Plaintiffs' property in excess of 70 decibels.

28. Defendants' conduct is ongoing, and Plaintiffs' harm is ongoing.

Count VII Injunctive Relief

55. The averments of the preceding paragraphs are incorporated by reference.

56. Plaintiffs seek injunctive relief to abate the nuisance and violations caused by Defendants' design, construction and operation of the wind turbines.

57. Plaintiffs are likely to prevail on the merits.

58. Plaintiffs are suffering immediate and irreparable harm, including ongoing personal injuries, anxiety, and emotional distress.

59. Money damages or other remedies at law are inadequate. Money damages cannot restore the peace and quiet Plaintiffs enjoyed on their property before the industrial turbines were built, and cannot free Plaintiffs from the constant anxiety and physical and emotional distress they suffer as a result of Defendants' conduct. Plaintiffs should not be forced either to continue to suffer these invasions or to move out of their home.

60. A balancing of the equities weighs in Plaintiffs' favor because, inter alia Defendants obtained permits for the industrial wind project based upon misrepresentation that the mechanical turbines would cause no noise.

61. A balancing of the equities weighs in Plaintiffs' favor because Plaintiffs relied upon Defendant' misrepresentation, inter alia, by declining to oppose permits required for the industrial wind energy project, by declining to appeal various local and state approvals of the project and by declining to sue to halt the project.

62. Consideration of the public interest weighs in Plaintiffs' favor because, inter alia, Defendants obtained permits for the industrial wind power plant complex based upon misrepresentations that the mechanical turbines would cause no noise. The industrial wind power plant complex not only affects Plaintiffs, but Plaintiffs' community.

63. Consideration of the public interest weighs in Plaintiffs' favor because Art. 1, Sec. 27 of the Pennsylvania Constitution provides that "The people have a right to clean air, pure water, and to the preservation of the natural scenic, historic, and esthetic values of the environment." Defendants' conduct has robbed Plaintiffs of the natural scenic and esthetic values of their environment at Pine Springs Farm.

WHEREFORE, Plaintiffs demand injunctive relief against Defendants to abate the nuisance caused by the offending industrial wind power turbines, together with costs and such other and further relief as the Court deems just.

TUCKER ARENSBERG, P.C.
Bradley S. Tupi, Esquire
William Haberstroh, Esquire

Attorneys for Plaintiffs,
Todd and Jill Stull

(Download a complete copy of the lawsuit  filed on May 1, 2008 by clicking here )