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Billerica bylaw bounced

Full story: Lowell Sun

The Massachusetts Attorney General's Office has annulled one of the town's newest bylaws, ruling that a measure seeking to regulate power plants is "inconsistent" with state law.

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TM Rep

Waltham, MA

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#1
Jun 22, 2009
 
So - How much time and money was wasted on the Special Town Meeting that ultimately accomplished NOTHING!!
Had Enuff

New York, NY

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#2
Jun 22, 2009
 
TM is spot on! This was an ABSOLUTE waste of time from the outset. But, you couldn't reason with the proponent and her crowd (the BWG fanatics). Plus she had the support of some of the Selectmen. This cost the town $$ plus everyone's time. I, for one, will vote AGAINST it if it comes back as a zoning article. Enuff is enuff.
So What

Billerica, MA

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#3
Jun 22, 2009
 
Had Enuff wrote:
TM is spot on! This was an ABSOLUTE waste of time from the outset. But, you couldn't reason with the proponent and her crowd (the BWG fanatics). Plus she had the support of some of the Selectmen. This cost the town $$ plus everyone's time. I, for one, will vote AGAINST it if it comes back as a zoning article. Enuff is enuff.
The bylaw was created to not only try and make our own law, but to send a message.

Message sent, goal accomplished.
THE BWG

Tewksbury, MA

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#4
Jun 22, 2009
 
The BWG's Full Statemnt:

"The BWG finds that DG Power LLC/Montgomery Energy Billerica Power Partners LP are utilizing their funds to pay legal counsel to dispute a general by-law which Billerica Town Counsel has interpreted as nonbinding. These actions raise
serious questions considering the fact that legal counsel for DG/MEBPP had previously filed documents with the Massachusetts Registry of Deeds which enables the proposal to be "Grandfathered" prior to any by law changes.

It is now obvious that DG/MEBPP ambitions extend further than just the Billerica Energy Center. The ambitions of DG Power were stated, to the public, at the EFSB Town Hearing in April of 2007 which CEO Fitzpatrick exposed the fact that the
power company's intentions were to permit and construct a half dozen facilities in our area and valley. As the BWG has consistently professed, and will
continue to provide facts that Billerica, nor the Valley, has ample resources to support the type of facility proposed as the Billerica Energy Center.

The legal dispute over a simple by-law, which does nothing beyond require
discussions among Billerica's reviewing boards according to Billerica Town Counsel Costello, verifies BWG concerns, when legal counsel for the power company, Mr. Gottlieb, contended the By-law to be a Zoning by-law and the Office
of the Attorney General concurred with Counsel Gottlieb. The question still remains, since the BEC is grandfathered, then why expend the additional funding to dispute the matter?" [End of Statement]

The newspapers are famous for half statements. Lokk at the TM Willaims mess.
THE BWG

Tewksbury, MA

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#5
Jun 22, 2009
 
Let’s take a look Fitzpatrick’s statements:

Quote: "We all knew what (the bylaw) was about -- preventing the power plant from being built," Fitzpatrick said. "The burden is back on Billerica Watchers to do it properly, if that's what they want to do."
How and why would this by-law prevent the Grandfathered power plant proposal from being build if, indeed the proposal would not be harmful to the citizenry or the environment of the Valley? The seventeen points mentioned would simply insure that all the impact issues were adequately addressed for any power generating facility and discussed according to Billerica Town Counsel who has the experience of representing 3 or 4 towns with power plants as he claims. Fitzpatrick’s statements are just further proof that he, nor his greedy investors and even some of our Billerica Town Officials refuse to acknowledge the facts or even care about the safety issues or environmental issues involved in constructing this plant. Time to say Good-By to them all.

The second half of Fitzpatrick’s statement is backwards, because it is not the responsibility of the BWG to,“do it properly” the burden of proof is on the proponents who want to construct this plant and to produce all the accurate and complete documentation. There is no questions left about why Fitzpatrick and his cronies refuse to submit the proper documentation or fear the discussions between the Billerica Boards, the answer is simple, if all the accurate and complete documentation is supplied this power plant cannot be constructed here for many reasons. All the BWG and the residents of the Valley have to say to Fitzpatrick do it properly and provide all the needed accurate and complete documentation or go away now your days are done.
Had Enuff

New York, NY

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#6
Jun 22, 2009
 
Ed, we've had enuff of your obstructionism. You CAN'T ACCEPT the facts! This plant got the approval of the EFSB. You were involved in that. Presented evidence. They gave you an opportunity to put your facts on the table. YOU LOST. Loosen up your bandana so your brain can function. Accept the fact you are wrong. The EFSB didn't accept your facts to the point of denying the approval. Stop blaming everybody else. You were unable to twist the facts to support your claims. Your tactic to get a general bylaw passed was obvious. You knew that DG Power filed plans and, accordingly was grandfathered on any zoning change. SO a zoning bylaw wouldn't apply to them. Plus it takes a two-thirds vote of TM to get zoning changes passed. Your tactic was to get a general bylaw passed so it WOULD apply to the DG Power plant. Once again, your tactics failed. You LOST. AND YOU WASTED OUR TIME. WE'VE HAD ENOUGH OF YOU ARE YOUR OBSTRUCTIONIST CRONIES. YOU ARE WASTNG BILLERICA'S TIME AND MONEY. I spent needless time at Town Meeting because of your tactics. Absolutely no way I will vote for anything else you and your band of obstructionists put forward. PLEASE BE A POSITIVE INFLUENCE IN BILLERICA AND STOP SPEWING YOUR NEGATIVITY.
THE BWG

Tewksbury, MA

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#7
Jun 22, 2009
 
Had Enuff wrote:
Ed, we've had enuff of your obstructionism. You CAN'T ACCEPT the facts! This plant got the approval of the EFSB. You were involved in that. Presented evidence. They gave you an opportunity to put your facts on the table. YOU LOST. Loosen up your bandana so your brain can function. Accept the fact you are wrong. The EFSB didn't accept your facts to the point of denying the approval. Stop blaming everybody else. You were unable to twist the facts to support your claims. Your tactic to get a general bylaw passed was obvious. You knew that DG Power filed plans and, accordingly was grandfathered on any zoning change. SO a zoning bylaw wouldn't apply to them. Plus it takes a two-thirds vote of TM to get zoning changes passed. Your tactic was to get a general bylaw passed so it WOULD apply to the DG Power plant. Once again, your tactics failed. You LOST. AND YOU WASTED OUR TIME. WE'VE HAD ENOUGH OF YOU ARE YOUR OBSTRUCTIONIST CRONIES. YOU ARE WASTNG BILLERICA'S TIME AND MONEY. I spent needless time at Town Meeting because of your tactics. Absolutely no way I will vote for anything else you and your band of obstructionists put forward. PLEASE BE A POSITIVE INFLUENCE IN BILLERICA AND STOP SPEWING YOUR NEGATIVITY.
It appears the Had Enuff, has never had enough common sense to understand or accept the truth. If you do not intend to listen to the voice of the people then resign from Town Meeting. There are plenty of people who are willing to take your place.

The BWG is a positive influence representing the people of Billeica and not those of the special interests,especially those who are concerned with just their own self interests.

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#8
Jun 22, 2009
 
TM Rep wrote:
So - How much time and money was wasted on the Special Town Meeting that ultimately accomplished NOTHING!!
If you view it as a learning experience, it was not for nothing. You and others like you who attended will now understand the proper avenue to place this type of by-law in. It was only a waste of time if someone, like you, who may have known the correct path to take failed to speak up.

Now ALL the town reps know the correct way to get this submitted. Chill out - it's not like someone shot your dog.:-) Rainy days and Mondays always get me down... la la la.
Sign up for Top Picks deals email

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#9
Jun 22, 2009
 
Had Enuff wrote:
TM is spot on! This was an ABSOLUTE waste of time from the outset. But, you couldn't reason with the proponent and her crowd (the BWG fanatics). Plus she had the support of some of the Selectmen. This cost the town $$ plus everyone's time. I, for one, will vote AGAINST it if it comes back as a zoning article. Enuff is enuff.
That's the attitude...leadership at its finest. Were you at the meeting and did you show them where they were going wrong, or do you just like to point out mistakes instead of goals and objectives?

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#10
Jun 22, 2009
 
Had Enuff wrote:
Ed, we've had enuff of your obstructionism. You CAN'T ACCEPT the facts! This plant got the approval of the EFSB. You were involved in that. Presented evidence. They gave you an opportunity to put your facts on the table. YOU LOST. Loosen up your bandana so your brain can function. Accept the fact you are wrong. The EFSB didn't accept your facts to the point of denying the approval. Stop blaming everybody else. You were unable to twist the facts to support your claims. Your tactic to get a general bylaw passed was obvious. You knew that DG Power filed plans and, accordingly was grandfathered on any zoning change. SO a zoning bylaw wouldn't apply to them. Plus it takes a two-thirds vote of TM to get zoning changes passed. Your tactic was to get a general bylaw passed so it WOULD apply to the DG Power plant. Once again, your tactics failed. You LOST. AND YOU WASTED OUR TIME. WE'VE HAD ENOUGH OF YOU ARE YOUR OBSTRUCTIONIST CRONIES. YOU ARE WASTNG BILLERICA'S TIME AND MONEY. I spent needless time at Town Meeting because of your tactics. Absolutely no way I will vote for anything else you and your band of obstructionists put forward. PLEASE BE A POSITIVE INFLUENCE IN BILLERICA AND STOP SPEWING YOUR NEGATIVITY.
So, I take it that you think builders and the uneffected people of the Commonwealth should force a town to accept something it doesn't want? Do you think it's right for someone who doesn't have to live with the consequences of their decision making to force those conditions on others? If so, then you most likely would be fine if we told them to put the plant abutting your fenceline and to build a free mini-golf course for public use right in your back yard?

Get a brain. If you are a TM member, you and shakey Jake, our TM rep ought to consider stepping aside and going fishing. I can see from your negative attitude and lack of diplomacy exactly why nothing ever changes in this town.

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#11
Jun 22, 2009
 
I suppose TM member and Had Enuff also want to see the mall remade into another money losing, space wasting, time consuming, non-productive, tax base eroding shiney image of its former self? Perhaps it hasn't dawned on them that we are surrounded by malls with something for everyone and the last thing this town needs is another one. It's time for you two snivelers to grow up and act like adults or quit your TM post and go play checkers with the grumpy old men at the senior center.

I hope you aren't representing the area adjacent to the East Billerica fire station because both of you are an embarassment with your uncivil tones and your tantrum in words. Go to your room, and NO, you can't have desert.
Tewksbury Citizen

Boston, MA

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#12
Jun 22, 2009
 
What is the track record of the EFSB? Have they ever NOT sited a power plant?(and not because there's nothing wrong with it....as independent research and facts prove otherwise) Why would anyone believe a bunch of greedy outside cronies with their Beacon Hill/multiple connections and deep pockets who are only concerned with their profit margin, over a well researched group like the BWG who are volunteering their time, money and effort for the citizens of the Valley? Is the State doing such a bang up job on other issues/projects that you're willing to accept/trust the EFSB's decision as gospel...that because "THEY" say it's o.k. it MUST be? I'm not. The BWG true spirit is not to be obstructionist, they just want due diligence performed at ALL levels and boards which has NOT happened. DG continues their "dog and pony show." The TRUTH is a powerful weapon and I for one do not believe the fight has been lost. You cannot put a price tag on citizens' health, well being and communities' quality of life and for that reason IMO, ANY efforts to expose the corrupt and the time and/or money needed to do so is well worth it.
los1251

North Billerica, MA

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#13
Jun 22, 2009
 
Had Enuff wrote:
Ed, we've had enuff of your obstructionism. You CAN'T ACCEPT the facts! This plant got the approval of the EFSB. You were involved in that. Presented evidence. They gave you an opportunity to put your facts on the table. YOU LOST. Loosen up your bandana so your brain can function. Accept the fact you are wrong. The EFSB didn't accept your facts to the point of denying the approval. Stop blaming everybody else. You were unable to twist the facts to support your claims. Your tactic to get a general bylaw passed was obvious. You knew that DG Power filed plans and, accordingly was grandfathered on any zoning change. SO a zoning bylaw wouldn't apply to them. Plus it takes a two-thirds vote of TM to get zoning changes passed. Your tactic was to get a general bylaw passed so it WOULD apply to the DG Power plant. Once again, your tactics failed. You LOST. AND YOU WASTED OUR TIME. WE'VE HAD ENOUGH OF YOU ARE YOUR OBSTRUCTIONIST CRONIES. YOU ARE WASTNG BILLERICA'S TIME AND MONEY. I spent needless time at Town Meeting because of your tactics. Absolutely no way I will vote for anything else you and your band of obstructionists put forward. PLEASE BE A POSITIVE INFLUENCE IN BILLERICA AND STOP SPEWING YOUR NEGATIVITY.
Your first and eighth sentences show readers that your post is obviously a personal attack.

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#14
Jun 22, 2009
 
Tewksbury Citizen wrote:
What is the track record of the EFSB? Have they ever NOT sited a power plant?(and not because there's nothing wrong with it....as independent research and facts prove otherwise) Why would anyone believe a bunch of greedy outside cronies with their Beacon Hill/multiple connections and deep pockets who are only concerned with their profit margin, over a well researched group like the BWG who are volunteering their time, money and effort for the citizens of the Valley? Is the State doing such a bang up job on other issues/projects that you're willing to accept/trust the EFSB's decision as gospel...that because "THEY" say it's o.k. it MUST be? I'm not. The BWG true spirit is not to be obstructionist, they just want due diligence performed at ALL levels and boards which has NOT happened. DG continues their "dog and pony show." The TRUTH is a powerful weapon and I for one do not believe the fight has been lost. You cannot put a price tag on citizens' health, well being and communities' quality of life and for that reason IMO, ANY efforts to expose the corrupt and the time and/or money needed to do so is well worth it.
There is also a moral ocmponent to this issue that has not been addressed and that is the State forcing a town to accept something it doesn't want and something that other towns are absolved from. The selection of the town and the siting are both arbitrary and capricious, and I believe the actions are illegal.

What makes Billerica so unique that it and only it can be the location for this plant? Why can't it go in Andover? How about Newton, Wellesley, or along the coast line on RT 127 near Endicott College. The ocean is located there and with a good desalination plant, there would be no harmful effects to the rivers. Surely if the plant is safe for a river, it is safe for an ocean?

TM and Had Enuff are clones of TM Williams. They are all whiners with no vision, no ideas and no grasp on the larger issues at hand. This Beacon Hill mandate needs to be fought and fought all the way into the Federal court system if necessary or we will continue to have the Commonwealth mandate 40Bs, Power Plants and Lord knows what else on the town until there isn't a town left worth living in.

If the three gentlemen I mentioned above want to do something constructive, then grow some grapefruits and learn to love a good fight and to stand on the side of principle instead of short term gain for long term problems. What are you going to do next year when they propose siting a nuclear power plant across from the House of Corrections? Are you going to say, "that's O.K., we can use the revenue?" Or are you going to say Enough is enough and go to war!

Yes, fighting will cost the town money; but it will hurt the other side as well. When we are mandated to accept something we don't want and an emergency situation is not clearly present, all of our rights are being trampled and we need to fight and boot anyone from office who cannot get the job done to make this fiasco go away.

Now, can you dig that, BROTHER?
Rick from Rica

Lowell, MA

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#15
Jun 22, 2009
 
The BWG are a bunch of negative wing nuts. They have not offered anything but negativity and spewed negativity. They distort the facts. They were against a develop ment on Bridge Street - snookered the Board into not approving it and the proponent appealed and, guess what folks, the town lost! Now it gets built and it cost us money to defend a frivolus lawsuit. The BWG don't represent me. I want people that speak the truth representing me. We wasted more money with that idiotic warrant article. BWG stands for "BILLERICANS WASTING GREENBACKS" Thanks for jacking up my taxes to cover your frivolous actions. And one of your head cronies doesn't even live in Billerica but lives in Pepperell. Stay there and waste their money.
Rick from Rica

Lowell, MA

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#16
Jun 22, 2009
 
hey fellow Rick, you should be on your bud Billy Greene's case. He's been on Beacon Hill for years - he hasn't done squat for us. Sure, you can kick up some dust tio look good, but I'm interested in someone who can deliver. Certainly not your wimp Rep Billy. He's too busy padding his pension. Didn't hear the BWG speaking up against that greed and corruption. That proves they don't stand up for the facts but are a bunch of political jerks.
Fight Fight Fight

Billerica, MA

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#17
Jun 22, 2009
 
Rick from Rica wrote:
hey fellow Rick, you should be on your bud Billy Greene's case. He's been on Beacon Hill for years - he hasn't done squat for us. Sure, you can kick up some dust tio look good, but I'm interested in someone who can deliver. Certainly not your wimp Rep Billy. He's too busy padding his pension. Didn't hear the BWG speaking up against that greed and corruption. That proves they don't stand up for the facts but are a bunch of political jerks.
Rick you are a piece of work.

Greene not done anything.

For a few things.

1. How about the Economic Target Area designation that brought thousands of jobs and millions in tax revenue for the town. Drive down Middlesex Turnpike and Concord Road.

2. How about getting hundreds of thousands of dollars for the Boys and Girls Club.

3. How about almost every bridge in Billerica replaced, and unlike others never named one after himself.

4. How about Billerica getting
$6 million more education money than Chelmsford.

5 Ask the Shawshhen Tech how Greene hepled them get money for education.

You must be with O'Donnell crowd that took care of their buddies and loaded committees with special interest.

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#18
Jun 22, 2009
 
Rick from Rica wrote:
hey fellow Rick, you should be on your bud Billy Greene's case. He's been on Beacon Hill for years - he hasn't done squat for us. Sure, you can kick up some dust tio look good, but I'm interested in someone who can deliver. Certainly not your wimp Rep Billy. He's too busy padding his pension. Didn't hear the BWG speaking up against that greed and corruption. That proves they don't stand up for the facts but are a bunch of political jerks.
Bill Greene is not my choice or idea of a good rep. He can't form a coalition to protect the town from run away abusive mandates originating out of Beacon Hill. The sooner he goes, the better.

As to the watchers, I agree with some of their positions and disagree with others. As an Objectivist, I believe that the earth is here to serve man, not the other way around. However, I also have an objection to government forcing abuse on individuals and individual communities and in my view, 40Bs and the Power Plant for starters, are reprehensible and immoral intrusion into our property rights.

I belong to no group outside of purely military organizations, nor do I belong to any party. I'm an independent man with and independent mind and seek what best serves my rational self interest and nothing more. Happy now?

As to Green's extra pension grab, I think I've been abundantly clear that I find it morally repulsive and a living example of what a poor leader he truly is. I hope the rest of the town sees it as well and we put him in the rear view mirror during his next election cycle

“I suffer fools poorly. ”

Since: Feb 09

Billerica, MA

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#19
Jun 22, 2009
 
Fight Fight Fight wrote:
<quoted text>
Rick you are a piece of work.
Greene not done anything.
For a few things.
1. How about the Economic Target Area designation that brought thousands of jobs and millions in tax revenue for the town. Drive down Middlesex Turnpike and Concord Road.
2. How about getting hundreds of thousands of dollars for the Boys and Girls Club.
3. How about almost every bridge in Billerica replaced, and unlike others never named one after himself.
4. How about Billerica getting
$6 million more education money than Chelmsford.
5 Ask the Shawshhen Tech how Greene hepled them get money for education.
You must be with O'Donnell crowd that took care of their buddies and loaded committees with special interest.
He was involved in these things, that is true and he should be applauded for his role, but he was not alone. He doesn't wear a mask and ride on a white horse with a native American sidekick.

The things he's accomplished should be considered as should those things that he hasn't. That's why we vote
THE BWG

Tewksbury, MA

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#20
Jun 22, 2009
 
Rick from Rica wrote:
The BWG are a bunch of negative wing nuts. They have not offered anything but negativity and spewed negativity. They distort the facts. They were against a develop ment on Bridge Street - snookered the Board into not approving it and the proponent appealed and, guess what folks, the town lost! Now it gets built and it cost us money to defend a frivolus lawsuit. The BWG don't represent me. I want people that speak the truth representing me. We wasted more money with that idiotic warrant article. BWG stands for "BILLERICANS WASTING GREENBACKS" Thanks for jacking up my taxes to cover your frivolous actions. And one of your head cronies doesn't even live in Billerica but lives in Pepperell. Stay there and waste their money.
FYI: Rick from Ricca, the BWG did not submit the Warrant Article Town Meeting Rep Landers sacrificed her own personal time to write the Article and collect the signatures. As a matter of fact, after the BWG reviewed the Warrant Article we suggested some changes to make the Article binding, but were ignored. The full truth came out one night in the halls of Billerica Town Hall when several of us ran into the Town Moderator when he stated that he had helped Landers with the Warrant Article from and the Article was reviewed by Town Counsel. If you care to SPEW your unsubstantiated remarks you need to aim your remarks at the parties responsiblefor spending your money! The BWG does give Landers credit for her effort, but some people just don’t know who to trust, but the point still remains that the power company has many other motives and ambitions which the BWG can prove with facts and not with the Bull Crap you spew.

Additionally, the Bridge Street project you are referring to Village Crossing did not get built and this is the first I have heard about any court ruling on the appeal filed over two years ago. Thanks for the heads-up, but in reality [where your head does not reside] your frivolous accusations expose why you are nothing but a mere child in the eyes of the BWG.

Go stomp your feet and hold your breath until you turn blue.

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