Thursday, June 18, 2009

Planning Board lawsuit in the hands of the judge

A final hearing was conducted at Cheshire Superior Court on May 29th, on the lawsuit against the town's Planning Board in the manner in which they have handled Robert Van Dyke's application for a Planned Residential Community consisting of 32 condominiums on Franklin Mountain next to Shamrock Realty. The Plaintiffs ( abutters ) have charged that the board has over stepped it's authority granting waivers and intrusions into the protected buffer zone stipulated by ZBA ordinances, voted into law by the town's citizens, has allowed van Dyke to destroy wetlands and that the board's chairperson has acted improperly throughout the proceedings, acting more as an agent for the applicant than a member of the board in protecting the town and the rights of it's citizens. On June 12th the abutters, following orders they had received from the court; submitted an amendment to their final arguments which included an affidavit from a member of the board, given of their own free will. We expect that both the attorneys for Van Dyke and the town will once again strongly object to this and other evidence presented and another hearing may be required to resolve their complaints. One can only wonder how much this has cost the citizens of Winchester in legal fees.

5 comments:

Bee said...

For the sake of the town we hope you prevail and put a stop to what has been going on in town for so long. Maybe some good will come of your actions and others will pick up the torch and stand up and make our elected officials accountable for their actions.

Anonymous said...

Do not count on it from the Winchester residents. I have never seen such a bunch of brain dead group of people in my life. What does the sky have to fall on them to wake them up. At what point does enough property taxes, become enough property taxes?

Some Hope? said...

It may be too much to hope for, but it looks like a couple of the selectmen would like to see a little more accountability from our employees. Having Rick M run water and sewer would be a good start, the police dept. has personal problems that need to be looked into. Hwy, who knows!

Anonymous said...

Sort of reminds me if your last name is Beaman, you can build any where you want, ignore covenants to deeds and have water wells and septic tanks as far apart as you feel like it. The rest of us have to follow the game and play by the rules. Hmm-wonder if there is still a tie in with the planning board chair and real estate? Conflict of interest all around. Food for thought!

Anonymous said...

The selectmen don't want accountability because then they'd be accountable. They only say and hint at what they think you want to hear.