I returned from vacation to find construction equipment clearing the site across the street from my office. A local developer has pulled the trigger on a 240,000 retail/professional center. In the current economic climate the sound of heavy equipment is somewhat welcome. We have seen some other interest in commercial and light industrial development as well. It is starting to feel like we have “turned the corner”. The site across the street was the subject of a recent land court decision. See: http://masscases.com/cases/land/2011/2011-09-416077-DECISION.html. The decision of Judge Trombly was appealed, and is pending in the Appeals Court. Apparently the developer is exercising the rights created by 2006 amendments to Chapter 40A, Section 11 which allow projects to proceed at the developer’s own risk: “The person exercising rights under a duly appealed special permit does so at risk that a court will reverse the permit and that any construction performed under the permit may be ordered undone.”
I have enjoyed hearing about your various vacation adventures mountain climbing, biking and white water rafting. Many many of our peers are getting more adventuresome as they get older; you have to admire their stamina…until you realize that many of them have specifically planned their vacations so that they will be out of Blackberry-reception-range. I followed suit and spent four days navigating a 40’ motor yacht from Plattsburg, NY on Lake Champlain to Falmouth, MA. I did not know it was possible until 3 days before the trip, and there were moments during the trip that I was not sure it was possible.
- PAUL F. ALPHEN, ESQUIRE
BALAS, ALPHEN & SANTOS, P.C.
