Where the Medway zoning board granted a variance of 63 square feet from the minimum lot area requirements of the town's zoning bylaw, allowing the defendant to divide her property located into two lots, a complaint filed by the plaintiff
abutters challenging the permit should be dismissed, as the plaintiffs have failed to come forward with credible evidence of an injury to a protected interest.
In turn, that "omission of material information upon which the board's decision would rely" meant that the required hearing notice to the public and
abutters was inadequate, according to the ruling by Judge Stephen P.
A critical aspect of the pilot program is to monitor noise levels to understand whether, if at all, the PVNB affects the noise levels that
abutters perceive or that occur on the other side of the highway.
Margaret Sheehan, an attorney for the
abutters, said last week the challenge against Entergy and town officials came down to whether the spent fuel facility "is a matter of right or does it require a special permit, which would require a public hearing and allow Plymouth to add conditions."
Chaffee will need a permit for his planned operation, which will require notification to
abutters and a public hearing.
Such a bylaw would aim to protect both the rights of the individual landowner and, since the visual impact of solar arrays is so extensive, it would also seek to protect
abutters and maintain the "sense of place'' or rural identity of the town.
As the Goodales exhausted mining opportunities on the southern and eastern limits of their 100.2-acre property, work has begun in areas closer to the neighborhoods, inciting concern from
abutters about noise, dust and visual impact of the mining operations.
With input from those responsible for funding the cleanup,
abutters to the contaminated site, the EPA and the town, the plan was agreed upon and lauded as a big step forward after many years of static.
The Forest Society is correct in that most public roads are right-of-way easements and
abutters technically own the land to the center of the road, as well as the air space above it, for that matter.
I get very little feedback about the extra information I include in the report about
abutters or expiring above-market leases or risky sources of income.
The artificial lake was rapidly filling with silt and a healthy estuary would provide greater benefits to both the ecosystem and
abutters' land values.