Hampden Board of Selectmen Decides Against Appealing Land Court Decision
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Meeting Type:
City Council
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Meeting Date:
08/07/2024
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Recording Published:
08/07/2024
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Duration:
11 Minutes
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Towns:
Hampden
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County:
Hampden County
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State:
Massachusetts
- Meeting Overview:
The Hampden Board of Selectmen convened to address the possibility of appealing a recent Land Court decision in the Garby versus Hampden Self Storage case. After thorough discussion, the Board voted against filing an appeal, citing financial risks and the advice of their attorney.
The primary focus of the meeting was the potential appeal of the Land Court’s decision, which mandated the Planning Board to grant a special permit to Hampden Self Storage. The Board’s attorney highlighted several concerns, including the high likelihood of incurring additional legal costs and the slim chance of reversing the decision. The attorney pointed out that while the standard for awarding damages is stringent, there remains a risk of the court imposing double fees if the appeal is deemed frivolous.
A Board member expressed personal reservations about the financial viability of self-storage units. However, the attorney clarified that any new conditions added by the Planning Board must be reasonable and not restrictive to the point of effectively denying the permit.
Another issue raised was the eligibility of newly elected and appointed Planning Board members to vote on the special permit, given their absence from previous hearings. The attorney stated that this matter requires clarification from the Land Court. Additionally, concerns about potential conflicts of interest among board members were discussed, with the attorney indicating that recusal decisions are left to the individual members involved.
Ultimately, the Board agreed with their attorney’s assessment and voted against proceeding with an appeal. They decided to focus on working with the Planning Board to impose reasonable conditions on the special permit to safeguard the town’s interests. One Board member praised the decision, noting that it reflects a responsible stewardship of town funds and a practical approach to resolving the issue.
Robert Markel
City Council Officials:
Donald Davenport, Craig Rivest, John D. Flynn, Lauren McCormick (Administrative Assistant)
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Meeting Type:
City Council
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Committee:
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Meeting Date:
08/07/2024
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Recording Published:
08/07/2024
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Duration:
11 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Hampden County
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Towns:
Hampden
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