Turbines stopped on Sundays

A judge has limited the hours of operation of Falmouth's two wind turbines, siding with a couple who say the towering windmills have caused health problems, and potentially costing the town thousands of dollars in lost revenue.

Barnstable Superior Court Judge Christopher J. Muse granted a preliminary injunction Thursday, ordering the town to only operate the 1.65-megawatt turbines at the wastewater treatment facility 12 hours per day, 7 a.m. to 7 p.m., Monday through Saturday. The turbines will remain idle on Sundays, Thanksgiving Day, Christmas Day and New Year's Day.

Neil and Elizabeth Andersen, who live about a quarter mile away, say they've suffered health issues since the turbines' construction about three-and-a-half years ago. Neil Anderson said he has lost some of his cognitive functions, and has gaps in his memory.

"This isn't an anti-wind thing, this is direct negative effects from massive wind turbines," Andersen said.

The Zoning Board of Appeals declared the wind turbines a nuisance, but the town appealed that decision in court.

"The court finds the Andersens claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that each day of operation produces further injury, to be credible," Muse wrote in the order. "There is a substantial risk that the Andersens will suffer irreparable physical and psychological harm if the injunction is not granted."

The environmental group Wind Wise Massachusetts hailed the decision.

"This is believed to be the first time that a court in the U.S. has ruled that there is sufficient evidence that wind turbines near residential areas are a health hazard to families living nearby," said president Virginia Irvine.

The town had argued that restricting the turbines' hours would hurt revenue from sales of energy back to the grid. In documents prepared earlier this year for selectmen, consultants estimated that if the 400-foot turbines only operated for 12 hours daily, the town would lose $250,000 to $300,000 a year.

Town officials could not be reached for comment.

The town was ordered to update the court on its efforts to minimize the health effects within 75 days.

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Acadia SUV parks in practical territory

Like many full-sized SUVs today, the 2014 GMC Acadia Denali no longer fancies itself a truck but instead is built from the ground up as the king of do-it-all.

Except for the Honda Odyssey, this may be one of the more practical machines to move as many as seven people around town with split second row captain's chairs allowing free flow to the third row. And with a quick pull on a strap, the back seats drop to create a monster storage area. Access to the car is well designed and the power lift gate is a back-saver.

The 3.6 liter V-6 288 horsepower engine turning a 6-speed automatic lacked some giddy-up for the size of the vehicle and acceleration suffered, although gas mileage has improved over earlier models. Regular gas will get you 16 miles per gallon in the city and 23 on the highway.

The fit and trim of the interior is excellent. Using a mix of hard and soft surfaces with some nice brushed metals and wood grain, the Denali upgrade looked and felt great. The well-made seats are nicely piped and offer good support and comfort. I did not quite master the Intellilink infotainment system and found it to be a bit cumbersome. Frankly, it's time we got back to paying attention to driving rather than drilling through menus looking for music, phone numbers and navigation.

The truck handled quite nicely and the all-wheel-drive performed well in a couple of brief trail tests I was able to run. This vehicle rides smoothly, more like a full-sized car, but will happily crunch over rough-and-tumble areas. The tow capacity is rated at 5,200 pounds.

I liked the lines of the SUV. The Denali trim adds some crispness to the curved features. It shares the bold Chevy deep grill and heavy chrome. And much to my pleasure, the rear wheel wells do not indent into the rear 
interior deck as they do on the smaller Terrain. I tested the woefully underpowered junior SUV last summer and really disliked how much of the cargo area was sacrificed because of that design.

The Denali upgrade trim adds on a panoramic sunroof, front and rear collision alerts, lane departure and blind spot monitors, more sound proofing and rear seat DVD players.

The base Acadia has a MSRP of $48,675, with the Denali package you'll pay $52,335.

Along with the Odyssey, comparison shoppers should take a look at the Dodge Durango, Honda Pilot, Mazda 9 and Hyundai Santa Fe — the Acadia fits favorably among these seven-passenger vehicles.

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Modern upgrade, authentic charm

This turn-of-the-century townhouse on Beacon Hill with five levels of living space was updated in a way that preserved its authentic charm while adding contemporary features.

The 10-room single-family brick rowhouse at 22 Joy St. — built in 1890 — was completely redone in 2006 with a granite, cherrywood and stainless-steel kitchen and a spacious top-floor master bedroom suite. The 3,096-square-foot home with formal dining and living 
areas, double Victorian parlors with wood-burning fireplaces, and a private courtyard and third-floor deck is listed for $2,700,000.

The makeover also 
included a two-zone gas-fired heating and central air-conditioning system, new electrical and plumbing, five updated bathrooms and 
recessed lighting throughout. The brick exterior was repointed and large four-pane windows had their rope-and-pulley systems updated with custom shutters. But much of the original woodwork, including door and window moldings, wide-pine floors, staircases, wood-burning fireplaces and top-floor wood beams, has been retained.

You enter through a double set of wood doors into an oak-floored foyer with a sweeping staircase. A formal dining room to the right is walled off from the foyer and accessed through French doors around a corner. The dining room has a wood-burning fireplace, recessed lighting and an original 
exposed beam.

The adjacent living room also has an original wood-burning fireplace and a 
recessed-lit tray ceiling with an exposed beam. In one corner is a wet bar added in 2006 with Green Goddess granite counters and a Marvel wine cooler. Windows from this room and the adjacent kitchen look out on a narrow 
private courtyard.

You step down from here into a long kitchen and breakfast nook with four large windows overlooking the courtyard and a leaded glass door that opens onto it.

Redone in 2006, the 
kitchen has dark cherry­-wood floors, light cherrywood cabinets and Green Goddess granite countertops. There are also two stainless-steel sinks, two wall ovens and two wine coolers. Stainless-steel appli­ances also include a Sub-
Zero refrigerator, G.E. Profile dishwasher and gas stovetop with a Zephyr hood.

A restored original winding staircase leads up to the second floor, where there are two Victorian parlors with original wide-pine floors and pine wainscoting. The front parlor, currently outfitted as a home office, has two tall windows, recessed lighting, and a wood-burning fireplace with a marble mantel.

The back parlor, currently outfitted as a den, has its own wet bar with Green Goddess granite and a Marvel wine cooler and an original brick fireplace. Off this room is a small bedroom, and there's a half-bath off the hallway.

There are two more bedrooms on the third floor with restored pine floors, recessed lighting and large windows. The front bedroom has a wood-burning fireplace, and the rear bedroom opens out onto a good-sized private deck. There's a full bathroom on this floor with a Green Goddess granite vanity and a white-tiled walk-in shower.

The entire fourth floor of the townhouse is a master bedroom suite with vaulted
ceilings, original wood beams and exposed brick walls. The oak-floored bedroom has custom lighting and lots of closet space. The en-suite master bathroom, also with oak floors, has a clawfoot tub as its centerpiece.

There's a marble-line shower and wood vanity topped by white vessel sinks and high-end wall faucets.

The finished basement has beige ceramic tile floors. There's a family room, off which is a European full bathroom with a showerhead in the wall. Off the family room is a closet with a Kenmore washer and 
dryer, and closets holding the home's two-zone heating and central air-conditioning system replaced in 2006.

There's also an exercise room with barrel vaulted openings for storage, and stairs up to a bulkhead that opens into the courtyard.

Parking is on-street with a residential permit, as there is no on-site space.

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Worker bonuses at Market Basket up to board

Market Basket management wants to reward its loyal employees with generous bonuses and profit-sharing contributions — but the decision ultimately rests with the supermarket chain's board with which it's been at odds.

Management, including CEO Arthur T. Demoulas, has proposed a December bonus pool of $56 million for employees and a company contribution to their profit-sharing program that equals 20 percent of their eligible wages, according to a Thursday memo from director of operations William F. Marsden.

The boost in the bonus pool, from $35 million last year, is attributed to 1,500 new employees added since then and the company's strong performance for the year, according to a source close to management. Last year's contribution to the profit-sharing program, established in 1963 as a way to share the success of the company with employees, was 15 percent.

"Despite the competitive environment we operate in, with competition cutting profit margins and lowering prices and targeting and even emulating our business model, we recognize the steel resolve of our associates to put forth their best efforts every day for this company," Marsden wrote in the memo to the Tewksbury company's employees. The letter recognized significant employee concern and inquiries about both benefits given infighting between the board and management.

"We are strongly recommending these benefits because you all deserve them," Marsden wrote.

A spokeswoman for the board, which is set to vote on the recommended benefits at its next meeting Monday, did not respond to Herald inquiries.

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Mohegan shifts bet to Revere

Four days before a recount it requested, Mohegan Sun has abandoned plans to build a casino in Palmer and is one of the companies in talks with Suffolk Downs to build one in Revere.

Mitchell Etess, CEO of the Mohegan Tribal Gaming Authority, said yesterday it will explore non-gaming projects for the 152-acre Palmer site where it had proposed building a $1 billion casino.

"The site off Exit 8 in Palmer remains an excellent opportunity for commercial development," Etess said in a statement, "and we look forward to coordinating efforts with Palmer so that it is developed for maximum benefit to the community."

Northeast Realty Associates, which owns the site, said Mohegan Sun notified the realty company this week that it is seeking to immediately terminate its exclusivity agreement, while at the same time continuing to lease the land.

"Northeast maintains that this is a violation of its agreement with Mohegan," the company said in a statement. "It is unfortunate that Mohegan Sun is abandoning the people of Palmer just days before the recount of the recent referendum, so that it can continue to negotiate a possible deal in another locale in Massachusetts."

Chip Tuttle, Suffolk Downs' chief operating officer, on Thursday said Mohegan Sun is among several companies that have discussed partnering with the racetrack to shift the site of its proposed casino to its land in Revere, where residents voted in favor of a casino. Voters on the East Boston side rejected it, and the Massachusetts Gaming Commission is consulting its lawyers to determine whether Suffolk Downs can proceed with the switch.

A spokesman for Mohegan Sun yesterday refused to say when its talks with Suffolk Downs began or who initiated them.

Although Mohegan Sun had requested the recount, which is set for Tuesday, Etess yesterday said their analysis of the results caused them to conclude the town "made a definitive statement on Nov. 5th," when the casino proposal lost by 93 votes. "The recount will not change this fact," Etess said.

Town Supervisor Charlie Blanchard said: "If they really concluded that, it would be wise to call it off and not have everyone go through all that."

Yet, a Mohegan Sun spokesman said he expects the recount of all 5,221 votes, which the town clerk's office said will be done by hand and take about five hours, will proceed anyway.

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Guilty plea in bird deaths at wind farms a first

WASHINGTON — A major U.S. power company has pleaded guilty to killing eagles and other birds at two Wyoming wind farms and agreed to pay $1 million as part of the first enforcement of environmental laws protecting birds against wind energy facilities.

Until the settlement announced Friday with Duke Energy Corp. and its renewable energy arm, not a single wind energy company had been prosecuted for a death of an eagle or other protected bird — even though each death is a violation of federal law, unless a company has a federal permit. Not a single wind energy facility has obtained a permit.

The Charlotte, N.C.-based company pleaded guilty to killing 14 eagles and 149 other birds at its Top of the World and Campbell Hill wind farms outside Casper, Wyo. All the deaths, which included golden eagles, hawks, blackbirds, wrens and sparrows, occurred from 2009 to 2013.

"Wind energy is not green if it is killing hundreds of thousands of birds," said George Fenwick, president of the American Bird Conservancy, which supports properly sited wind farms. "The unfortunate reality is that the flagrant violations of the law seen in this case are widespread."

There could be more enforcement. The Fish and Wildlife Service is investigating 18 bird-death cases involving wind-power facilities, and about a half-dozen have been referred to the Justice Department.

Wind farms are clusters of turbines as tall as 30-story buildings, with spinning rotors as wide as a passenger jet's wingspan. Though the blades appear to move slowly, they can reach speeds up to 170 mph at the tips, creating tornado-like vortexes. Eagles are especially vulnerable because they don't look up as they scan the ground for food, failing to notice the blades until it's too late.

"No form of energy generation, or human activity for that matter, is completely free of impacts, and wind energy is no exception," the American Wind Energy Association said in a statement.

The case against Duke Energy and Duke Energy Renewables Inc. was the first prosecuted under the Migratory Bird Treaty Act against a wind energy company. The Obama administration has championed pollution-free wind power and used the same law against oil companies and power companies for drowning and electrocuting birds.

"In this plea agreement, Duke Energy Renewables acknowledges that it constructed these wind projects in a manner it knew beforehand would likely result in avian deaths," Robert G. Dreher, acting assistant attorney general for the Justice Department's Environment and Natural Resources Division, said in a statement.

Duke has a market capitalization of nearly $50 billion.

"We deeply regret the impacts of golden eagles at two of our wind facilities," Greg Wolf, president of Duke Energy Renewables, said in a statement. "Our goal is to provide the benefits of wind energy in the most environmentally responsible way possible."

A study in September by federal biologists found that wind turbines had killed at least 67 bald and golden eagles since 2008. Wyoming had the most eagle deaths. That did not include deaths at Altamont Pass, an area in northern California where wind farms kill an estimated 60 eagles a year.

An investigation in May by The Associated Press revealed dozens of eagle deaths from wind energy facilities, including at Duke's Top of the World farm, the deadliest for eagles of 15 such facilities that Duke operates nationwide.

In 2009, Exxon Mobil pleaded guilty and paid $600,000 for killing 85 birds in five states. The BP oil company was fined $100 million for killing and harming migratory birds during the 2010 Gulf oil spill. And PacifiCorp, which operates coal plants, paid more than $10.5 million in 2009 for electrocuting 232 eagles along power lines and at its substations.

The wind farms in Friday's settlement came on line before the Obama administration drafted voluntary guidelines encouraging wind energy companies to work with the Fish and Wildlife Service to avoid locations that would impact wildlife. Companies that choose to cooperate get rewarded because prosecutors take it into consideration before pursuing prosecution.

Once a wind farm is built, there is little a company can do to stop the deaths. Some companies have tried using radar to detect birds and to shut down the turbines when they get too close. Others have used human spotters to warn when birds are flying too close to the blades. Another tactic has been to remove vegetation to reduce the prey the birds like to eat.

As part of the agreement, Duke will continue to use field biologists to identify eagles and shut down turbines when they get too close. It will install new radar technology, similar to what is used in Afghanistan to track missiles. And it will continue to voluntarily report all eagle and bird deaths to the government.

The company will also have to apply for an eagle take permit and draft a plan to reduce eagle and bird deaths at its four wind farms in Wyoming.

Duke's $1 million will be divided. The fine — $400,000 — will go into a wetlands conservation fund. The state of Wyoming gets $100,000. The remainder will be used to purchase land or easements to protect golden eagle habitat and for projects aimed at minimizing interactions between eagles and wind turbines in Wyoming.

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Associated Press writer Mead Gruver in Cheyenne, Wyo., contributed to this report.

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Follow Dina Cappiello on Twitter at www.twitter.com/dinacappiello

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Obama seeks to shift focus to economic progress

WASHINGTON — President Barack Obama says the U.S. economy is improving even if its progress has been overshadowed by political gridlock and the messy rollout of his health care law.

In his weekly radio and Internet address, Obama is seeking to shift the focus away from negative headlines. He says jobs have been created, the auto industry is recovering and deficits are falling.

But Obama says if Democrats and Republicans were working together, the economy could be even further along. He's accusing Republicans of wasting time with dozens of votes to repeal his health care law.

In the Republican address, Rep. Michael Burgess of Texas says despite Obama's promise, some who like their doctor may lose their doctor. He says the U.S. should scrap Obama's health law and start over.

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Online:

White House address: www.whitehouse.gov

Republican address: www.gop.gov

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Judge orders limited use of Falmouth wind turbines

BARNSTABLE, Mass. — The town of Falmouth was ordered by a judge on Friday to limit the hours two town-owned wind turbines operate after neighbors blamed them for a series of health problems.

Effective immediately, the energy-generating turbines at the Cape Cod town's wastewater treatment facility are only allowed to operate from 7 a.m. until 7 p.m. on every day of the week except Sunday, and are not allowed to operate at all on Thanksgiving Day, Christmas Day and New Year's Day, Superior Court Judge Christopher Muse wrote in the decision.

Neil and Elizabeth Andersen, who live about a quarter of a mile from the turbines, said they caused "continuous insomnia, headaches, psychological disturbances, dental injuries, and other forms of malaise" they had not suffered prior to the turbines' construction.

"The court finds the Andersens claims that they did not experience such symptoms prior to the construction and operation of the turbines, and that that each day of operation produces further injury, to be credible," the judge wrote.

Continued operation of the turbines at previous levels put residents at risk of "irreparable physical and psychological harm," he judge wrote.

The environmental group Wind Wise Massachusetts called it a landmark decision.

"This is believed to be the first time that a court in the U.S. has ruled that there is sufficient evidence that wind turbines near residential areas are a health hazard to families living nearby," said Virginia Irvine, president of Wind Wise Massachusetts.

The decision has repercussions in other Massachusetts towns where wind turbines are being blamed for health problems, Neil Andersen said.

"It's torture," he said of the turbines' noise and pressure effects. "But this decision is a victory. It gives us some relief."

The 1.65 megawatt turbines were erected about 3½ years ago to power the treatment plant and to create revenue for the town by selling electricity back to the grid.

They ran 24/7 at first, but more recently have been running from 5 a.m. until 9 p.m. daily, he said.

Each turbine is almost 400 feet tall from the ground to the tip of the blade at its highest point.

They have been the subject of disagreements and lawsuits between town boards and townwide votes on whether to dismantle them entirely.

The town argued against restricting the hours of operation, saying shorter hours would reduce revenue from sales of energy back to the grid. The judge rejected that argument.

The town's lawyer was not immediately available to comment on the judge's decision.

The judge told the sides to work on a mitigation plan and submit it to the court in 75 days.

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China company sorry for oil blasts that kill 47

BEIJING — China's largest oil refiner apologized Saturday for explosions from a ruptured oil pipeline that killed 47 people and injured 136 others in one of the country's worst industrial accidents of the year.

Sinopec's expansion of petrochemical projects has met with resistance from members of the public, and Friday's blasts in the eastern port city of Quingdao will likely add to growing concern about safety and environmental risks. The accident was the deadliest involving Sinopec.

The explosions ripped slabs of pavement, and online photos showed bodies, overturned vehicles and shattered windows in nearby buildings. Black smoke rose above gigantic fuel silos and darkened much of the sky over a bay area.

The pipeline, owned by Sinopec, ruptured and leaked for about 15 minutes onto a street and into the sea before it was shut off. Hours later, as workers cleaned up the spill, the oil caught fire and exploded in two locations, the city government said.

Fu Chengyu, chairman of Sinopec, issued a public apology Saturday morning, according to a company statement. He said that Sinopec will collaborate with a State Council investigation group.

"We will investigate the incident with responsibility and give timely reports," another Sinopec statement said.

The Qingdao Environmental Protection Bureau said barriers had been set up to contain the oil as it spread into the sea, but that a mixture of gas and oil from a storm sewer exploded and caught fire over the sea.

More than 3,000 square meters (32,000 square feet) of sea surface was contaminated, the city government said.

Authorities said the oil seeped into underground utility pipes, which could have been a factor in the blasts, but they did not elaborate. They assured the public that the explosions did not affect any petrochemical plants or military facilities in the seaside district and that air quality remained good after the disaster.

About 18,000 residents were evacuated in the wake of the blasts, and power was restored to all but two residential neighborhoods, authorities said.

Of the 136 people hospitalized, 10 were in critical condition, the city government said.

The Beijing News cited a resident surnamed Gao as saying he was driving past Qingdao's Huangdao district when he felt the force of the blasts, and then realized the ground in front of him had fractured. The air was pungent, many cars on both sides of the road were overturned and there was dark smoke rising in the distance, he said.

"It felt like an earthquake, and I was dumbstruck," Gao said, adding that there was chaos on the street as people ran, panicking, in all directions.

Authorities ruled out terrorism but the incident remained under investigation, it said.

President Xi Jinping urged local officials to go all out in finding missing people, treating the injured and finding the cause of the accident, state TV broadcaster CCTV said.

It was China's second-deadliest industrial accident of the year, behind a chicken factory fire in June in Jilin that killed 121 people.

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Dim traffic sensors dull how 'smart' freeways are

LOS ANGELES — California's highways aren't as smart as they used to be.

Buried under thousands of miles of pavement are 27,000 traffic sensors that are supposed to help troubleshoot both daily commutes and long-term maintenance needs on some of the nation's most heavily used and congested roadways. And about 9,000 of them do not work.

The sensors are a key part of the "intelligent transportation" system designed, for example, to detect the congestion that quickly builds before crews can get out and clear an accident.

A speedy response matters: Every minute a lane is blocked during rush hour means about four extra minutes of traffic. Fewer sensors can mean slower response times, so the fact that 34 percent are offline — up from 26 percent in 2009 — creates an extra headache in California's already-sickly traffic situation.

"(It) is not an acceptable number, really," said California's top transportation official, Brian Kelly.

With limited space and money for new lanes, Kelly said, maximizing flow on existing freeways is critical. To do so, planners rely on a network of cameras, above-road detectors, message boards and the in-road sensors called "loops" because of their shape.

Some loops were cut during construction, others yanked out by copper wire thieves. Many have succumbed to old age.

The resulting blind spots show up as strings of gray amid the green, yellow or red on the large map that freeway managers overseeing Los Angeles and Ventura counties monitor for signs of trouble. Even worse off than LA, according to Caltrans, are inland areas such as the San Joaquin Valley and San Bernardino and Riverside counties.

The outages are significant enough that the sensors alone cannot produce real-time traffic maps that are useful to the public. Especially when compared to the many private traffic mapping services that drivers rely on to get around.

So, to post online traffic maps that are ready for public consumption, California and other states are paying the private sector.

Caltrans gives away data from its working loop sensors to Google and other companies; Caltrans also pays Google for a traffic map that incorporates its own data as well as information the tech giant gets from vehicles and cellphones whose owners have agreed to share location data.

California's tab is not large — Caltrans estimates it at $25,000 per year for its public-facing Quickmap — but other states are giving away sensor data and buying back reliable maps as well. Michigan's transportation department said it pays Inrix Inc. about $400,000 annually for data to populate its Mi Drive map.

An Inrix spokesman said the company has contracts with 25 state transportation departments.

Loops are a simple technology that can last decades when properly installed. A bundle of wires under the pavement detects the size, speed and number of vehicles that pass over it, transmitting the information to a roadside box. That data records traffic in real time, but also helps planners who want to know how many of what kinds of vehicles use a road so they can project when it will start to deteriorate (more big trucks means more potholes, sooner).

Drivers may be familiar with loops at surface street intersections, where a circular cut in a turn lane means a loop will detect an idling car and tell the light to change. Replacement materials cost only a few hundred dollars — but installing a loop on a freeway can cost thousands because to embed the wire crews must close two lanes, likely off hours when labor is more expensive.

In the Fresno and San Francisco Bay areas alone, Caltrans plans to spend $35 million to fix loops sensors — as well as freeway lights, cameras, ramp meters and other electrical systems — that are down due to metal scavengers or other problems.

The state that pioneered the use of loop sensors starting in the 1970s is not alone in its struggle to keep them producing reliable data.

In Utah, transportation officials estimated about 20 percent of loops do not work.

"Does it impair our ability to make informed decisions? Certainly," said Blaine Leonard, manager of the state's intelligent transportation systems program.

Information from loops informs the estimated travel times posted on freeway message boards.

"If the data is bad and therefore the travel times are bad, at some point in time the public goes, 'Well, they don't know what they're doing,'" Leonard said.

About 75 percent of loops In the Austin, Texas area are not working due to large-scale freeway resurfacing, according to the state department of transportation. Michigan's transportation planners abandoned loops because they found too many failed during winter's freeze-thaw cycle; they've moved to above-road sensors that use microwaves to detect traffic.

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