Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
Started by: Ronald S. Wood (rswood) on Sat, May 7, '94
100 responses so far
27 new of 100 responses total.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#74 of 100: Barry Kort (kort) Fri Aug 18 '95 (15:58) 21 lines
Dunno if this belongs here. If not, please suggest another venue...
I live in a condo which encorporates and abuts a Wetlands. One
parcel is owned by the Condo Ass'n and is designated Open Space,
to be left in its natural, scenic and open condition. The adjoining
parcel is owned by the Conservation Commission and is deeded as a
Conservation Area which may only be used for 'passive recreation'.
The Trustees of the Condo Ass'n have permitted some unit owners
to build a golf course upon the two parcels, without so much as
a by-your-leave from affected parties. Then they rolled into the
monthly condo fees the cost of operating and maintaining the golf
course. After disputing the matter for several years, with no
progress, I began withholding the portion of the condo fees that
pay for the golf course.
This week the Trustess filed suit against me, seeking a lien on
my unit and an order to sell it. You can read the legal papers
at: http://web.musenet.org/~bkort/bedfordshire.html
Please let me know what you think of the case.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#75 of 100: Bob Bickford (rab) Fri Aug 18 '95 (18:10) 4 lines
You should have gotten the environmentalist types involved *before*
you started withholding fees.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#76 of 100: reachability problems (hank) Fri Aug 18 '95 (18:31) 1 line
Geez ....
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#77 of 100: Mary Robertson (rayvel) Fri Aug 18 '95 (18:45) 2 lines
The Association may be violating their use permit. Get a good environmental
attorney to look at it.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#78 of 100: Barry Kort (kort) Fri Aug 18 '95 (19:27) 12 lines
There is prima facie evidence that we are overreaching our permissible
use of the two parcels, but it is unclear how serious the violations
are. For example, the golfers run two-cylce gasoline golf carts
(electric carts can't make it up the hill), notwithstanding the
covenents prohibiting any use of motorized recreational vehicles
on either parcel. The Trustees get upset when kids do wheelies
in the golf carts, but they don't want to enforce the covenent
prohibiting them. (But they do prohibit dirt bikes and snowmobiles.)
I don't know any environmental lawyers in Boston who would have
an interest in enforcing the environmental laws as they apply
to our Open Space and Conservation Areas.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#79 of 100: reachability problems (hank) Fri Aug 18 '95 (21:08) 2 lines
You'll have to provide the interest, by paying them. But they'll know
the law.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#80 of 100: Jennifer Powell (jnfr) Fri Aug 18 '95 (21:32) 9 lines
I think that the exact wording of your covenants will be crucial. I don't
see how you can do this, with any hope of success, without a good
environmental lawyer.
What you need to do for your own conscience is, of course, another
question.
I take it this wetland is too small or whatever, for the feds to be
interested in it.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#81 of 100: Barry Kort (kort) Sat Aug 19 '95 (05:36) 32 lines
It's 13.5 acres of Conservation Land alongside the flowage of the
Shawsheen River. A portion of the 23 Acre Open Space is also
designated Wetlands. (There are 5 natural ponds on the two parcels.
Two are directly connected to the Shawsheen, two are spring fed, and
one is fed from runoff along the embankment.) The Trustees installed
a diesel powered water pumping station on the Conservation Land
and are pumping about 10,000 gallons a day out of the Shawsheen
to water the greens. We have no permits for any of this.
There are 4 points of law at issue.
Point 1. The Trustees failed to obtain the 75% vote of the unit
owners required by state law and by the condo ass'n bylaws to
alter the common areas. Indeed the Trusteed didn't even notify
the unit owners or call for a vote at all.
Point 2. The Trustees failed to apply to the Planning Board
for an amendment to the Special Permit to build the Planned
Residential Development. The original Special Permits provides
that the previously existing golf course on the open space
would be "permanently discontinued" as of Fall of 1986.
Point 3. The Trustees failed to apply to the Conservation
Commission for a permit to alter lands protected by the Wetlands
Protection Act and Conservation Bylaws.
Point 4. The Trustees built a portion of the golf course upon
the adjoining parcel which is owned by the town.
Only Point 3 is relevant to Conservation Law. But together, we
see a systematic pattern of failures to inform or obtain the
legaly required approvals from interested parties.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#82 of 100: Jennifer Powell (jnfr) Sat Aug 19 '95 (09:40) 6 lines
Well, again, you'd probably need a lawyer to get them into court, but it
sounds like you might have something.
If the designated wetlands is among the area affected, you might be able
to get the feds involved. They might requirement an impact sstatement at
the very least.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#83 of 100: reachability problems (hank) Sat Aug 19 '95 (10:22) 5 lines
Jennifer's an expert here, Barry.
It sounds like you've picked a major battle. Might wanta win your'
damages lawsuit against the Condo Board and then buy a house elsewhere
(wry grin). They're apt to really try to stomp you, you need a big lawyer.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#84 of 100: Richard Buckberg (buck) Sat Aug 19 '95 (12:37) 19 lines
It sounds like you have good grounds for your case, but unfortunately they
ahve forced your hand by filing suit against you. I would suggest you hire
an attorney to deal with that, because otherwise you will be out on your
keister.
The agency with jurisdiction over all wetlands is generally the US Army
Corps of Engineers. Don'tr freak out! This agency is given authority over
wetlands by Section 404 of the Clean Water Act. They are, at least in the
Western States, VERY vigorous in their enforcement of wetland preservation.
Also, the US EPA does wetland enforcement by virtue of the Clean Water Act
and other laws. You should most definitely call both of these agencies and
ask for the Wetlands Enforcement offices. They should be very interested in
what is going on.
However, you have a personal legal problem that is different than the
wetland enforcement problem. Sounds like you will need legal advice to deal
with that one.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#85 of 100: Barry Kort (kort) Sat Aug 19 '95 (16:36) 11 lines
Hadn't thought of the Feds angle.
I am handling the case pro se. Please read the original complaint
and my answer and countercomplaint at:
http://web.musenet.org/~bkort/bedfordshire.html
The encroachment on the Wetlands is only one aspect of this case.
It's gonna be a David and Goliath case. I have to hit them right
between the eyes.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#86 of 100: Information wants to be out of step (hank) Sun Aug 20 '95 (11:5
3) 4 lines
I strongly suggest you hire an expert, if not to handle the case, then to
advise you. Good luck. You're gonna want to countersue, I suppose, for
interfering with your quiet enjoyment or whatever, if the condo agreement
doesn't restrict your right to complain.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#87 of 100: Barry Kort (kort) Sun Aug 20 '95 (14:56) 13 lines
I spend most of my time doing unfunded community service work in K12
science education. Hiring an expert is not an option for me.
The issue isn't so much one of quiet enjoyment as being compelled
to fund an inappropropriate and illegal conversion of the Open
Space and Conservation Area into a golf course. I'd be equally
upset if the land weren't protected by the Covenents, because
the Trustees failed to seek the required 75% vote of the Unit
Owners before converting the land. Had they gone about it
legally and properly, they would have discovered that they had
encroached on abutting public lands and they would have obtained
the necessary approvals and permits from the Planning Board and
from the Conservation Commission.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#88 of 100: Richard Buckberg (buck) Sun Aug 20 '95 (16:03) 3 lines
Call the Feds. If things are as represented, these jokers have broken the
law. Federal law. Call the Feds.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#89 of 100: Bob Bickford (rab) Mon Aug 21 '95 (00:27) 11 lines
Barry, ***DON'T*** try to do this yourself. You will be plowed under in
record time. You've already fucked up bigtime by not involving whatever
groups you could find to support the fight; trying to continue going it
alone is only going to ruin your life and certainly won't rescue that land.
Condo associations are worse than most local governments, as they're
generally run by people filled with the feeling of power but lacking any
feeling of responsibility. (I mean, even more so than your typical local
politician, that is.) They *will* bury you. Get help.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#90 of 100: Barry Kort (kort) Mon Aug 21 '95 (04:04) 1 line
OK. Which agency of the federal government should I contact?
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#91 of 100: Barry Kort (kort) Mon Aug 21 '95 (04:13) 3 lines
I would like to reproduce this thread verbatim on the Web pages
where I will be posting the progress of this case. Does anyone
here object to such reposting of their comments?
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#92 of 100: Information wants to be out of step (hank) Mon Aug 21 '95 (10:2
3) 25 lines
Barry, _speak__with__an__experienced__environmental__lawyer_
Say what you did here, over the phone, to the office receptionist.
Say you don't know what kind of help you need or can afford, but your
friend ____ said their firm was knowledgeable about this area of the law,
and suggested you call.
They will take your name, and spend a while (days, weeks) doing a
"conflict check" to see if they've already represented other parties.
So you oughta call more than one firm.
Tell people you have the situation, and what you have in the way of
resources. Smart competent people will at _least_ point you toward
the right moves. But the people you want are in your own physical
neighborhood, maybe even conflict settlement teams, maybe a local
environmental group that would carry the load with you.
Talk to a law firm, get a local pointer.
Reproduction on your WEB page is fine for my posts; I'm not
a professional nor prescribing a course of action, just urging
you to ask locally.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#93 of 100: Richard Buckberg (buck) Mon Aug 21 '95 (10:40) 2 lines
Read my number 84 if you want to know who to call.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#94 of 100: Barry Kort (kort) Mon Aug 21 '95 (10:42) 1 line
I've begun searching for Boston area specialists in environmental law.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#95 of 100: Barry Kort (kort) Mon Aug 21 '95 (10:47) 14 lines
OK. Here's my to-do list...
Call US Army Core of Engineers and ask for Wetlands Enforcement Office.
Call US EPA and ask for Wetlands Enforcement Office.
Send a notification to the Bedford Planning Board and to the
Bedford Conservation Commission alerting them to the existence
of the lawsuit. (The Planning Board issued the Special Permit
which governs the use of the Common Open Space. The Conservation
Commission owns the abutting Conservation Area and also enforces
the Massachusetts Wetlands Protection Act.)
What else?
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#96 of 100: Richard Buckberg (buck) Mon Aug 21 '95 (11:05) 7 lines
I would suggest that these agencies don't want to know about your personal
lawsuit with the condo assn. Keep it business, not personal, unless you are
asked.
And, CALL A LAWYER FOR YOURSELF !!!!!!!!!!!!!!
or you'll be evicted. Don't be a martyr. It's not worth it.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#97 of 100: Bob Bickford (rab) Mon Aug 21 '95 (11:13) 3 lines
You can reproduce my words if you care to.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#98 of 100: Mary Robertson (rayvel) Mon Aug 21 '95 (11:31) 3 lines
You might also want to see if there's a Condo Association regulator in your
state and what, if anything, they can do to help if your Ass'n has broken a
any laws.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#99 of 100: Dirt First (phred) Tue Aug 22 '95 (02:19) 7 lines
Call the Conservation Law Foundation. They're local.
The National Wildlife Federation has a number of regional offices too,
one is a client of mine here in Portland, but I don't know where the
one for the Northeast is so you might have to call national. They have
lawyers on staff or on call at the regional level and close ties to
environmental law firms and law schools.
Topic 405 [environment]: Engineered Wetlands for Sustainable Communities
#100 of 100: Barry Kort (kort) Tue Aug 22 '95 (06:32) 2 lines
Good. I came across the Conservation Law Foundation in a search
yesterday on AOL. I have their number. I'll look up NWF, too.
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