THERE IS NO SUCH THING AS AN “IRREVOKABLE SIGNATURE”

Barnstable Sewers is temporarily re-opened to update resident and non-resident homeowners of Stewart’s Creek on the activities of a group of people who have been working for several months to find a fair and reasonable solution to the unreasonable financial burden the Town of Barnstable is placing on the owners of 320 properties in the affected area.

Were the town council, local blogs and newspapers giving reliable information about the project, re-opening this blog would not have become necessary.   While the actions of honestly compassionate individuals from outside Stewart’s Creek is greatly appreciated, it is up to the homeowners themselves to decide the best course of action to take in order to protect their property rights.

The operative word here is action, and the people of Stewart’s Creek have been doing what they can to save their homes.   Away from the prying eyes of  local authorities, bloggers and reporters, this group has planned a meritorius strategy to keep awareness raised about the outrageously cruel and abusive treatment they are getting from town “leaders”.

Before the November 3rd election last fall, members of this group were accused of misleading voters about the town’s plans for town-wide sewering and the unfathomable costs for the projects.  Fearing the sewer issue would crush their chances at being re-elected, incumbent councilors lied about earlier statements regarding sewer projects, made promises that were broken immediately after being re-elected, and had DPW director Mark Ells write a letter to the state removing a line item for a $165 million wastewater treatment plant.

Remember this?

http://www.youtube.com/watch?v=PIBDFaAhtWc

We will be reviewing last year’s council meetings and campaign debates and bring you undeniable proof of the lies and deception stinking up the debate over the issue.   It seems that getting their hands on stimulus money is the only reason the council has left to insist that the project go forward.  Homeowners continue to beg for mercy, but councilors respond by either demonstrating their willful ignorance of the facts, deception of or distraction from the facts, or not at all .

The group of individuals from Stewart’s Creek and their supporters recently circulated a petition which will be presented to the town clerk on Monday with a cover letter referring to the chapter of the town charter, allowing council consideraton of the petition.   A minimum of 150 signatures are required, and petitioners collected over 200 signatures in a brief period of time.   The petition reads as follows:

                                                                 PETITION

 We, the undersigned residents of the Town of Barnstable, do hereby petition the Barnstable Town Council to place a Moratorium on any and all plans to begin the excavation and sewering installation of the area of Hyannis known as Stewart’s Creek, until such time as sufficient financial support can be issued to homeowners of the affected area outlined in both Phase I and Phase II of the project voted upon on April 16, and August 6, 2009, respectively. 

 

The purpose of this Moratorium is to give the newly formed Citizens Advisory Committee the estimated eighteen months this Ad Hoc Committee will need to research and develop different treatment options and/or financing options available to address wastewater management in the Town of Barnstable, beginning with the project in Stewart’s Creek.

 

We further petition that this Moratorium remain in effect until such time as a reasonable and absolute fixed price of said project for homeowners has been determined by the Town.

 

 

When the issue of the Moratorium was raised at the last town council meeting, Barnstable Village Town Councilor Ann Canedy stated that the 18 months between now and when the residents have to pay their first betterment fee should be considered a moratorium.  As you can see, the petitioners want the financing to be fair, reasonable, and the absolute costs to homeowners established before excavation begins.  This reasonable objection was made manifestly plain by members of the new Citizens Advisory Committee on January 11th, but was steamrolled by the commanding baritone seated front and center – Studley Road homeowner Milton Bergland. 

Bergland repeatedly claimed that discussion of financing options by the CAC would merely be duplicating the work of the CFAC.  There was a brief opportunity for a committee member to insist that financing, which is number five on the agenda for discussion be prioritized as the first order of business, but no one spoke up, and the meeting went forward in accordance with the wishes of the town.

Certain homeowners in the affected area received letters from the town asking for an ”irrevokable signature” allowing the town easement for installing sewer lines.  Here is a copy of one such letter:

2009-11-03 letter blackedout

These letters were sent to homeowners in Phase ONE (east side), but we hadn’t heard of anyone from Phase TWO who had received the letter.  While approximately 75-80% of the town’s roads are private, every single road in Phase II is  public.

Check out this map of the affected area.  Roads with red lines are public, blue lines are private, and yellow highlighted roads represent roads in the affected area.  Properties colored in green are noted as those who have given permission to the town for easements.

      According to Attorney Mike Turner,  there is no such thing as an irrevokable signature.  Stewart’s Creek Residents United on Barnstable Sewers paid Mr. Turner to write one letter for folks who signed the town card to revoke their signature/permission, and another for those who refuse to sign:

 

waterdepartment1-2010[1]

 

waterdepartmentletter2[1] 

 

 Residents will begin hand-delivering their letters to the DPW next week.  Non-residents will be mailing theirs by certified mail.

 

We will be posting more information as it becomes available.  In the meantime, please be careful about accepting any legal advice you receive on local blogs/chit-chat rooms.  While certain individuals may think they are helping, they could actually be causing more harm than good.

Please continue to be a constant presence at town hall meetings, CAC, CFAC, and even Planning Board meetings.  Contrary to all the chat about the  issue of property rights taking place in a courtroom, the issue of the easements will be handled at a public meeting with the Planning Board.

Some of our members are speaking with local lawyers and others have been calling Law Schools around New England, as we haven’t given up on filing suit and motioning the court for an injunction to halt the sewer project at Stewart’s Creek. 

We don’t know if this mess will be come a battle for survival of the fittest, or if  David can really get Goliath to back off, but we’ve still got a few rocks for our slingshots. 

Comments will remain open until such time as the abuse becomes intolerable.  There may be times when comments will be moderated.  If you have a question or comment, please feel free to contact us at barnstablesewers@live.com.