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The original item was published from 7/13/2011 8:18:00 AM to 7/30/2011 12:10:00 AM.

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amherstma.gov - News & Announcements

Posted on: July 12, 2011

[ARCHIVED] Town Files Papers to End Anti-Solar Project Lawsuit

The Town of Amherst, acting through Town Counsel Joel B. Bard, of the law firm of Kopelman and Paige, has filed its Answer in the lawsuit brought by ten residents living near the proposed solar project on the Town’s closed landfill.

In its Answer, the Town is asking the Superior Court to dismiss the suit.

"Our attorneys believe this lawsuit has no legal merit. This is a strong project that received overwhelming support from the Select Board and from Town Meeting and it has widespread support from the community at large," said Town Manager, John Musante. "Discussions with the Department of Environmental Protection are ongoing, and the project will proceed only if the Town has fully satisfied all DEP requirements."

The Town must seek permitting approval from the Massachusetts Department of Environmental Protection and from the Town of Amherst Zoning Board of Appeals.

"Some neighbors have concerns about the project, and I continue to reach out to them. Later this month, I will invite them to sit down with me and other Town officials to discuss mutually beneficial ideas about ways we can address those concerns through setbacks, buffers, and other measures," said Musante.

Town Counsel Joel Bard added, "We hope the neighbors will be willing to resolve their concerns with the Town. We think it’s clear, however, that the case should be dismissed and we will be making that argument to the court."

Sandy Pooler, Acting Town Manager (413) 259-3287; poolers@amherstma.gov
John Musante, Town Manager (413) 259-3002 musantej@amherstma.gov

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