Town Taps Experts, Sets Amount for Legal Battle

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Video Presentation

Update: Oct. 3, 2019

Town Taps Expert 40B Legal Team

Your YES Town Meeting Vote Crucial for Success

North Reading is ready to protect its Safe Harbor declaration on 20 Elm, but the town can't follow through without your YES vote on Article 7 at Monday's Town Meeting.

Town counsel KP Law’s 40B experts Jonathan D. Witten and Barbara Huggins Carboni will work with attorney Amy E. Kwesell, forming an experienced 40B team for the town’s defense against developer NY Ventures challenge to Safe Harbor data supplied by the state. This is the same top team currently representing the Town of Weston in a similar Safe Harbor appeal by a 40B developer.

Town leaders have agreed to appropriate $125,000 to mount a serious, comprehensive legal defense of the rights of the town and its citizens. The $125,000 comes from free cash and will NOT raise taxes or waste town funds despite the developer’s false assertions. This funding will cover legal fees and other consultants needed for a defense of Safe Harbor. There are likely to be extensive appeals through next summer regardless of findings for the town or developer at each stage. The developer is urging citizens to vote no through ads filled with falsehoods. We need to spend this money to protect the town because the developer is appealing state numbers showing that North Reading has earned Safe Harbor status under the affordable housing law.

The only missing piece is your YES vote at Monday’s Town Meeting. Without a simple majority vote in favor of the funding, the town loses its ability to fund a credible defense. North Reading leadership has done its job to prepare. Let's make sure the town has the resources to put its plan into action!

Vote YES to Defend Ipswich River Communities and North Reading at Town Meeting Monday, Oct. 7 at 7 p.m. at North Reading High School. See you there!!

Look out for friendly DIRC supporters sharing informative door hangers, as pictured below, this weekend. If you see them around, please point them toward neighbors who might be interested in more information about 20 Elm and why Monday's Town Meeting is critical. If you can spend an hour distributing door hangers, please e-mail here .

Town Meeting Tidbits

DIRC has received several questions this week surrounding Town Meeting. The answers below seek to address some of the most frequent questions.

Can I enter Town Meeting after 7 p.m.? Yes, you may enter any time during the meeting. Just check in with the registrars and proceed to a seat in the Performing Arts Center. Article 7 should come up by 7:30 p.m. for discussion.

What if I misplaced my Town Meeting warrant? Additional warrants are available at the meeting or you can view/print the warrant here .

Is Mr. Yebba permitted to attend since he is not a North Reading resident? Nonresidents are permitted to attend Town Meeting after a "vote to admit" at the start of the meeting. The vote is generally to admit a list that includes town employees, town counsel, and others integral to the meeting's business but who do not reside in North Reading.

How are citizen comments addressed? Moderator John Murphy must recognize all speakers. If you wish to speak, proceed to a microphone or raise your hand and one will be brought to you. State your name and address for the record. Speak briefly to the issue and try to share new information not addressed by other speakers. No voter or presenter is allowed to speak for longer than five minutes without a specific vote for "leave of the meeting." If you wish to move the question to a vote, simply say "move the question." However, anyone moving the question may not make other comments before they make that motion.

Do I need to stay until the end of the meeting? DIRC urges you to stay for the whole meeting. The ending time is hard to pin down, but it is not a lengthy warrant. There are other keys issues for consideration, so we ask you to stay for all the votes. In addition, any prior vote taken earlier in the meeting may be brought up for reconsideration later in the meeting, so it is important to remain so that a vote is not changed after a majority of proponents or opponents leave.

DIRC Attorneys File ORAD Appeal

Earlier this week, Defend Ipswich River Communities' (DIRC) attorneys officially filed an appeal to the Massachusetts Department of Environment Protection (DEP) of the North Reading Conservation Commission's Order of Resource Area Delineation (ORAD). DIRC's appeal especially noted concerns over failure to mark and classify a stream on the delineation map. DIRC will keep citizens apprised of progress in the appeal.

Please Donate to Help Us Defend Against 20 Elm

DIRC appreciates the generosity of the many citizens who have already made donations and/or attended our successful August fundraiser. Developer Nick Yebba's appeal of the Safe Harbor declaration sends us down a new legal path in which DIRC needs to use experts to assure that every avenue of legal opposition is uncovered. To be sure, the Safe Harbor declaration is a huge positive step in shutting down this oversized development, but one that still needs our diligent oversight.

Please help us take this fight ever closer to success with a donation today.

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