and the public received a deficient notice because of the application's mischaracterization of what the dimensional relief would be for, and for having no opportunity to review the stairway plans submitted at the meeting," the judge wrote.
(The appraiser should note, as with abutter
analysis, that the information provided is beyond a standard appraisal's scope.)
The couple did not attend Thursday night's Zoning Board of Appeals public hearing, which was filled with dozens of abutters
and opponents to the proposal.
In ruling that the abutters
did have standing, the Land Court referred to a Plymouth bylaw that regulates the light industrial district, where the nuclear power station and spent fuel storage facility are located.
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.
The artificial lake was rapidly filling with silt and a healthy estuary would provide greater benefits to both the ecosystem and abutters
' land values.
In frontier regions with muddled property rights to land, competition between indigenous people and abutters
over the ownership of natural resources should increase forest clearance.
"The plaintiffs Peter Kirk (Kirk) and Bryan Johnson (Johnson), abutters
to the south and north of the Developer property, respectively (together, the Abutters
Chaffee will need a permit for his planned operation, which will require notification to abutters
and a public hearing.
Aslin is an experienced litigator, representing property owners and abutters
in property disputes over titles, boundaries, easements and other land use-related issues, as well as energy development and regulatory compliance.
But before then, the school, the site, and abutters
will be demarcated by a combination of jersey barriers and fencing.
The Nottingham Planning Board recognized the proposal as one of regional impact and 10 towns were deemed abutters
due to the three watersheds involved.
40A, 11, because she was identified as a property owner entitled to receive notice of the public hearing on the matter and the zoning board's decision.<br />According to the plaintiff, because the notice statute directs the local tax assessor to certify the list of property owners affected by a zoning board decision, her appearance on the tax assessor's list of certified abutters
of the defendants' property, signified by her receipt of notice of the matter, entitled her to a rebuttable presumption of standing.<br />But Judge William J.