lawsuit filed against the town (and threatened against BlueWave Capital) to prevent a solar farm from sprouting on the old dump by citing a technicality, stands a chance...like snow in the Sahara.
The state is now on a crusade to encourage public/private renewable energy projects, and solar farms on old landfills is a shining example. The disputed deed restriction (or lack thereof) was/is between the town and the Department of Environmental Protection.
According to Boston based attorney John Wadsworth, who specializes in Environmental, Energy and Natural Resources law: "If there is any violation it is a violation of DEP solid waste regulations for not recording the restriction, not something that prevents DEP from revising the restriction for this use."
If DEP had any concerns, then why did they grant the permit last year for the Final Comprehensive Site Assessment?
Since the eight households have a combined assessed value of around $4 million, safe to say they can afford the litigation co-op entry fee (when Mary Streeter tried to rally NIMBYs on Larkspur Drive to legally battle the decision to allow Dr. Kate Atkinson to build a medical office in the Research Park out that way the entry fee would have been $2,000 each).
But the $8,000 to $10,000 cost to squash this nuisance lawsuit will be spread out over 10,000 housing units who will benefit many times over by the $1 million per year net gain in economic benefit to the town. A bright future indeed.