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Middleboro Review 2

NEW CONTENT MOVED TO MIDDLEBORO REVIEW 2

Toyota

Since the Dilly, Dally, Delay & Stall Law Firms are adding their billable hours, the Toyota U.S.A. and Route 44 Toyota posts have been separated here:

Route 44 Toyota Sold Me A Lemon



Friday, November 15, 2013

NStar's Environmental Tyranny in Middleboro


Middleboro to take on NSTAR

Middleboro officials to ask courts to stop land clearing

By Alice Elwell
Posted Nov 11, 2013


The Conservation Commission and two selectmen have joined forces to take on the NSTAR utility company and will seek a town-wide cease and desist order to stop land clearing along the transmission lines.

On Thursday, the Conservation Commission reviewed the state’s response to its Oct. 24 letter asking why NSTAR has been allowed to destroy more than 16 acres of habitat used by the endangered eastern box turtle.

There are an estimated 40 box turtles along the Middleboro transmission lines that stretch from Carver to Bridgewater, and for more than a month NSTAR has been clear-cutting a 300-foot easement through landowner’s property and jeopardizing the endangered turtle.

In an Oct. 31 response, DFW Assistant Director Thomas W. French wrote, “The NSTAR project will not destroy box turtle habitat, but rather involves the conversion of forested habitat to early-successional habitat.” French said there were no other viable alternatives to the clear cutting.

To mitigate the loss of habitat, NSTAR donated $136,080 to the Eastern Box Turtle Mitigation Bank operated by The Nature Conservancy.



“This is a slap in the face,” said Chairman Ronald Burgess, calling the state’s sidestepping of local bylaws counterproductive. “Utilities are supposed to be servants of the people, not lords of the people,” Burgess said.

“I’m not at all happy with the response, we don’t have to accept that. I want to protect our turtles. This is insane,” said Chairman of the Selectman Stephen J. McKinnon.

Burgess said the commission does not have the authority to seek a cease and desist order, but selectmen have the ability through the wetlands bylaw.

Selectman Leilani Dalpe threw in her support when McKinnon said, “Just give me the ammunition, I’ll fire the weapons.”

Landowners along NSTAR’s transmission lines have been outraged to find their land clear cut, and Robert D. Yunits was encouraged that presence of turtles might save the trees. Yunits, who lives on Rocky Meadow Street, has become the leader of a crusade of landowners who are trying to stop NSTAR.

“They crush, they kill and destroy. We are trying to set up a class action lawsuit,” Yunits said. “They don’t care about the people, so why are they going to care about the animals?”

In a prior interview, NSTAR spokesman Michael Durrand said the utility was clear cutting the entire easement to reduce power outages. Durrand said under the right conditions electricity and jump from the wires to trees.

McKinnon will make a motion at Monday’s selectmen’s meeting to begin court action against NSTAR.

An NSTAR spokesman said the company had no comment.


http://www.enterprisenews.com/news/x1372981689/Middleboro-to-take-on-NSTAR






Residents debate actions against NSTAR

Tree-cutting policy angers neighbors to power lines

By Alice C. Elwell
Posted Nov 15, 2013
 
Rather than pay legal fees, local attorney Adam Bond told nearly three dozen people who attended a Citizen’s Against NSTAR meeting on Thursday to forget filing an injunction and try to work out a deal on the cutting of trees.

“Good luck getting an injunction on this one,” Bond said.

“Injunctions are expensive,” Bond said. “When you’re dealing with a utility you’re spending good money after bad.”

Landowners are up in arms over NSTAR’s policy to clear-cut its 300-foot right of way along transmission lines.

“We’re working to establish more open space on the right-of-way for which we have legal easements to maintain,” said NSTAR’s spokesman Michael Durand in an email to The Enterprise. “Hundreds of thousands of residents and businesses depend on these major transmission lines for reliable electric service. We have an obligation and a commitment to do what we can to prevent tree-related outages along these rights-of-way,”

Some like Darlene Parsons of Rocky Meadow Street are camping out in their yards all day to make sure their trees are not cut down.

Others such as William and Dorothy Kenerson lost 500 trees in a mere four hours.

“That’s how fast they are hitting us,” said Dorothy Kenerson,
State Rep. Keiko Orrall, R-Lakeville, offered to negotiate a meeting between landowners and NSTAR, but cautioned, “passion and anger tends to fuel acrimony ... It’s very important to keep as cool a composure as you can.”

“Are you going to take our side or stay in the middle?” asked resident Russell Bouffard.

He said that when NSTAR clear-cuts the easement on his Summer Street property a certified vernal pool will be destroyed. Bouffard has already been told by a real estate agent the value of his property will drop 10 percent once the trees are cut and he didn’t have much hope officials would help him.

“Nobody cares who I am. I’m nobody,” he said.

Orrall has partnered with state Sen. Marc R. Pacheco, D-Taunton, to attempt to reach an agreement with NSTAR to stop work in Middleboro until the utility meets with landowners and addresses their concerns, but Orrall said utility easements are crucial for electricity to be delivered to customers.

Bond advised landowners to review their utility easements and “politely” ask NSTAR to provide a survey of the property in question.

“You need to protect your buffer zone. They impact the value of your home. Read your easement and ask (NSTAR) for a survey by a surveyor.”

Landowners are within their rights to demand a survey that provides easement lines before trees are cut, he said.

Last year Needham reached a compromise with NSTAR and saved some trees from being cut.

But that’s unlikely to happen in Middleboro, said Durand,
“In Needham we stopped our work entirely so we could re-survey an area that had 100-plus-year-old easements. This is not the case in Middleboro,” he said.

Residents countered that it is trees along streets that cause outages and not trees along the transmission lines.

Durand agreed.

“It’s true that trees along the streets cause far more power outages during storms because streetside trees are allowed to remain in the vicinity of the lines,” he said. “However, each outage individually affects far fewer customers than one transmission outage does. While maintaining street trees is acceptable for aesthetic reasons, it is unacceptable near 345,000-volt transmission lines – the backbones of the regional electric grid. The fact that there are few transmission line outages is a testament to the work that we do.”

Landowners can review their easements and property records online at the Plymouth County Registry of Deeds, http://plymouthdeeds.org/search-records-2.html.

http://www.enterprisenews.com/news/x1069225253/Residents-debate-actions-against-NSTAR?zc_p=1


Robert Yunits

My name is Bobby Yunits and I have a unique story with NSTAR. 

On Aughst 13, 2013 a tree company hired by NSTAR showed up on our horse farm which has an indoor arena, an enclosed round pen and forty six training stalls for Paso Fino Horses.  

We were left a card with nstars information and number to speak with. 

My contact was Chris Schofield. 

He never returned my phone calls with the number provided for five weeks. 

I finally left him a recorded message which I also recorded saying that my horse farm had two major events and I would be our to state and I intended on seeking legal counsel if they touched my property on 146 Rocky Meadow street until I returned home. 

I returned home from the nationals and a Stephen Cartwright came to my property to meet with me. 

We had a cordial communication that day and we tried to have a civil conversation about our land. 

He brought to my attention that he found two new markers from 1966 and these were done on a composite when New bedford gas and electric had purchase the land. Goldie Faghaberg had sold the land for 1800.00 It was a 300 foot easment that only had been cleared to 230 feet.  

He brought my recorded deeds to my land and said that my $426,000.00 barn was on their easment. He did this by drawing a red line accross my deed and marked my two surveyors out of three deceased also in red pen. 

We had a discussion on whose lines are correct and he said of course his were. At that meeting he stated that our barn was on his company's easment and Marked all of the trees to the middle of my barn with blue ribbons for the second time as I had ripped them off. 

We had a major clinic at the barn and I removed the ribbons again. At that meeting he looked me in the eye and removed Chris Schofield from my property. 

We asked him if we could top our treees so they would always stay under the 15 feet. Having the land fully surveyed all 15 plus acres he looked me in the eye and shook my hand and said he would send the Senior Arborist out to speak with me when I returned from the World Cup with the Horses. 

I came home from the world cup to a letter from Mr. Stephen Cartwright and it stated that Mr. hayes would be glad to come to my property but only after the trees were cut. I went directly for legal counsel and wrote Mr. Cartwright a letter which told NSTAR to cease and desist on my property until we could settle the land dispute. 

They cut 60 trees on my Wall Street land attached to the horse farm. We called the police showed them a Cease and Desist letter and showed them the problem with our recorded deeds and the "No SURVEY" from NStar. 

My Saga still continues but most of my trees still stand. 

I DID EVERYTHING CORRECTLY! We bought this property and had every inch surveyed and registered in the book of deeds. 

When it comes to Middleboro we had as builts and finished accepted building completions with both barns by now retired William Gedritis.  

Our Builders met with the planning board and was approved with his as builts to proceed with each barn. 

Mr. Gedritis looked at my first barn and made Dick Mcdonough put and extra support on each rail of the barn. Signed of on first. 

Built the second barn with an indoor arena and we had everything recorded and stamped by the town of Middleboro. I am still willing to work with NSTAR for my unique property. 

They have not contacted me and they recieved my letter when I reached out to Senator Marc Pacheco, and Keiko Orrall. 

I find myself here today in the same position as everyone else. Will they cut my buffer zone? Will they remove barn and have to leave the town of Middleboro?

When I sell this propertyr as a business and will this remove %10 percent value from my farm which a real estate person said this will effect the property. 

I reside here with My partner Michael Bruce and have built this farm by all the regulations mandated and I find myself fighting for our lives here. 

Our house and barns will be exposed to the wind tunnels, Our water flow will change with the grade. Will our barns and house flood?

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