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Parkview Electronics Trust, LLC v. Conservation Commission of Winchester (Lawyers Weekly No. 11-006-16)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13-P-276 Appeals Court PARKVIEW ELECTRONICS TRUST, LLC vs. CONSERVATION COMMISSION OF WINCHESTER. No. 13-P-276. Middlesex. November 6, 2014. – January 12, 2016. Present: Trainor, Agnes, & Maldonado, JJ. Municipal Corporations, Conservation commission, By-laws and ordinances. Wetlands Protection Act. Department of Environmental Protection. Jurisdiction, Administrative matter. Zoning, By-law, Wetlands. Civil action commenced in the Superior Court Department on June 25, 2004. The case was heard by Mitchell H. Kaplan, J., on motions for judgment on the pleadings. Jill Brenner Meixel (Vincent J. Pisegna with her) for the plaintiff. Wade M. Welch (Melissa C. Donohoe with him) for the defendant. AGNES, J. The Wetlands Protection Act, G. L. c. 131, § 40 (act), sets forth “minimum wetlands protection standards, and local communities are free to impose more stringent requirements.” Oyster Creek Preservation, Inc. v. Conservation Commn. of Harwich, 449 Mass. 859, 866 (2007). As we noted in Fafard v. Conservation Commn. of Reading, 41 Mass. App. Ct. 565, 568 (1996), it is not uncommon for a town, under its local by-law, to establish wetland protection standards that are more demanding than those under State law. In such a case, when a local commission concludes that a project meets the requirements of State law, but does not satisfy the requirements of municipal law, it “introduces no legal dissonance and violates no principle of State preemption.” Ibid. In Healer v. Department of Envtl. Protection, 73 Mass. App. Ct. 714, 718 (2009), we explained the requirements that must be met by a local conservation commission that decides to act independent of State law by exercising jurisdiction over wetlands exclusively on the basis of a more stringent local by-law.[1] In the present case, the by-law of the town of Winchester (local by-law) has a more expansive standard for “land subject to flooding” than does the act.[2] Nevertheless, the plaintiff, Parkview Electronics Trust, LLC (Parkview), contends that an order of resource area delineation (ORAD) issued by the conservation commission of Winchester (commission) is invalid under Healer because it was not based “exclusively” on the more stringent provisions of local law.[3] In effect, Parkview maintains that Healer requires a local commission to choose between reliance on State law or local law. For the reasons that follow, we reject this reading of Healer and affirm the judgment. The essential facts are […]

How to Protect Your Electronics on the T

According to MBTA Transit Police iPhones are the most widely thieved item on the T. Police also offered tips on how to keep your stuff safe while riding public transportation (from the blog post): If possible, avoid using your phone while on the MBTA except in cases of emergency/reporting via SeeSay or 911 Conceal expensive electronic equipment Change the color of the device’s ear buds, would be thieves look for the distinctive white ear plugs of Apple Refrain from listening to music or wearing headphones while riding the system Be aware of your surroundings at all times especially if you are using your electronic device Be aware that most robberies of electronic devices occur near the train doors Be alert for staged distractions Police also pointed to a public service announcement video on how to keep your stuff safe produced by New York’s Metro Transit Authority. South End Patch

Boston Electronics Recycling Day Will Be March 23

The city announced that on March 23, residents will be able to recycle electronic waste at no additional cost. Residents may bring up to computers, monitors, televisions, LCD panels, printers, other computer related equipment, stereos, cell and other phones, power supplies, electronic games, VCRs, circuit boards, microwaves, and other household electronic devices. However, air conditioners, dehumidifiers, refrigerators, and white goods such as washers, dryers, and stoves will NOT be accepted. For disposal of air conditioners, dehumidifiers and refridgerators, call (617) 635-4500 to arrange a special pickup. The other items can be picked up at the curb with regular trash pickup. Residents must be prepared to show proof of residency in order to be able to drop anything off. All electronics will be recycled in Massachusetts by Electronic Recyclers International, an E-Steward Certified recycler. The electronics recycling dropoff location on Saturday, March 23 is at the West Roxbury Public Works Yard, 315 Gardner St, West Roxbury, from 9 a.m. to 2 p.m. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch