March 28, 2013
Massachusetts

Talerman responds to Sapir, says no 14-day notice was required for flicker hearing

By Bradford Randall | March 28, 2013 | kingstonjournal.com

In a developing story, Kingston Town Counsel has responded to an alleged violation of a 14-day notice period in regards to an April 1 hearing on shadow flicker.

The Board of Health (BOH) postponed that public hearing when BOH-member Dan Sapir alleged that the hearing would be held illegally since only 11 days of notice were given.

Henny Walters, Kingston’s health agent, forwarded a letter to the BOH yesterday saying that she had been advised by Talerman that “there is no statutory process for such a hearing.”

In the email, Walters paraphrased Talerman’s words. “The BOH’s desire to inform the public is a mere courtesy.”

Walters writes that the law Sapir cited at Monday’s BOH meeting (Chapter 40a, Section 11) “appears to be plucked from a different permitting scheme such as zoning.”

Monday’s public hearing on shadow flicker was postponed for three weeks after Sapir’s erroneous legal objections.


URL to article:  https://www.wind-watch.org/news/2013/03/28/talerman-responds-to-sapir-says-no-14-day-notice-was-required-for-flicker-hearing/