James LaMountain’s ad not approved
Although we share many believes about the corruption that goes on in the Townhall, we have strong disagreements how to bring change to Holland. I neither endorse nor approve James LaMountain’s half page ad that will appear in the Sturbridge Villager this week. I also did not pay for the ad either.Peter Frei
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Holland resident William Medina arrested for assault
Twenty-two year old Lisa Marques, a Holland resident, was hospitalized after a vicious attack by twenty-eight year old William Medina, also known as Will, a Holland native who attended Tantasqua Regional Vocational High School from 1995 to 1999, read more»8 Comments - Edit - Delete
Why this Blog ?
“The greatest homage we can pay to truth is to use it.” Ralph Waldo Emerson (1803-1882). Truth is a comprehensive term that in all of its nuances implies accuracy and honesty. Truth is that which is considered to be the supreme reality and to have the ultimate meaning and value of existence. Reality and truth in a perfect world are in harmony. Veracity is adherence to the truth: “Veracity is the heart of morality” Thomas H. Huxley (1825-1895). To advance self-serving goals corrupt individuals create their own reality, thus are immoral. As a corrupt individual’s reality is not in harmony with the truth, he is also a liar.For any community; to flourish it is imperative to be governed by leaders that serve the community and not themselves, read more»
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Johnson’s failed attempt to jail LaMountain
There is always more to a story than meets the eye. Brian Johnson is a good student of his father’s art to manipulate the public opinion and thereby divert attention away form the Johnson’s illegal activities. Unfortunately the Johnson’s are good at that. Not all is lost; we still have judges that are not “buying” everything what “innocent” town officials want them to believe. The table turned on Brian Johnson and wife Kristen as the judge learned of Brian’s dark side during a hearing in Palmer District Court this past Monday. Read court documents and more»2 Comments - Edit - Delete
A Truck Stop in our Community?
Communities throughout the US faced with the prospect of having to live with a truck stop near their homes go to any length in finding ways to
prevent such predatory developments. Not so in Holland. The proposed Flying J truck stop will be located in the midst of a sensitive watershed area and
a tributary brook to the Hamilton Reservoir without the possibility to hook up to a sewer system. The selectboard and planning board supported
the proposal, and the unassuming voters agreed and reversed the wise decision that once declared the locus as special conservancy district.
The truck stop will not bring the expected increase of tax-revenue for the reasons outlined in this report. Instead, the facility will have very negative
impacts on the Environment, the Economy, on the social fabric of the community, and Traffic. It is not too late to stop the project which will benefit a few and hurt the entire
community. While Flying J is under chapter 11 bankruptcy protection, the voters have a unique opportunity to correct this tragic mistake and
change the bylaws to prevent any truck stops from ever being built at that very sensitive site. But we have to act now, read more»43 Comments - Edit - Delete
Superior Court Judge Dismisses Johnson LandGate Suit
First of all, this is not the same case in which I had to sue the Planning Board of Holland (PBH) for failing to endorse my proposal to divide a parcel of land utilizing the Approval not Required procedure, or ANR. That case was decided in my favor by the Appeals Court of the Commonwealth who made a finding that the PBH denied me my right to divide my property. To read the decision of the Appeals Court of the Commonwealth in that case, click here!Back in 2007, at the time I ran for the five year term on the Planning Board, an individual contacted me and informed me that selectman Earl Johnson illegally conveyed a town owned 12.41 acre landlocked parcel of land to his mother in law. With the help of engineers which fabricated a right of way and the help of the Zoning Board of Appeals (ZBA) and the Planning Board of Holland (PBH) the Johnson familie illegally subdivided the parcel and turned the parcel with little value into three valuable building lots. This individual encouraged me to run for the five year term and said that it would be time that someone with integrity would stop the corruption. This individual provided me with the information that formed the basis for my research which result was a “press release” that I mailed to major newspapers in the area. The claims I made in the press release were so implausible that no newspaper was willing to touch the issue just days before the election back in 2007. I lost the election, Christine McCooe won, and only a few people ever learned about Earl Johnson ‘s illegal self-serving scheme that he set in motion more than 28 years ago. To read the press release about the Johnson land-gate case and view supporting documents, click here!
In 1998, I started building a garage or accessory building that you can see from the lake. As I was busy fighting the corrupt town officials, I had not the time to finish the building. For six years, 2002-2008, the PBH denied me my right to divide the parcel of land that forms the peninsula that jets into Hamilton reservoir off of Maybrook road. Once I had filed the appellant’s brief in the Appeals Court of the Commonwealth and also a separate appellant’s brief in my separate appeal to the United States Court of Appeals for the First Circuit, I drew the plans for the superstructure that I was going to build on top of the foundation that I started 10 years ago. Our building inspector Jack Keough was reluctant to amend my building permit for no obvious reasons. He eventually admitted that Earl Johnson would pressure him not to issue the building permit. The position of the building inspector is an appointed position.
While Earl Johnson and the rest of the PBH denied me my “entitlement to an ANR endorsement” (opinion of the Appeals Court,) and I was fighting for my rights, Earl Johnson with the help of the rest of the PBH illegally divided the property he had illegally obtained back in 1980, and created three building lots one for each of his three sons, Carl, Eric, and Brian Johnson.
I don ‘t know what the reader would have done; I decided to inform the residents of Holland what kind of “leader” Earl Johnson is. The best way to do that in my opinion was to file a lawsuit that would expose his and his cronies ‘ illegal conduct.
First I had to exhaust administrative remedies pursuant to the zoning act, M.G.L. c.40A, s.15, by filing requests to enforce the zoning bylaws and the laws of the Commonwealth. I filed two separate requests for each of the illegally built homes for Earl Johnson ‘s son Carl and Eric. Brian Johnson is the owner of the third illegal building lot that is still undeveloped. Click here to read the request for Carl Johnson ‘s house, click here to read the request for Eric ‘s house.
Jack Keough then had to respond in writing to my requests, click on the names to read the response for Carl ‘s house, and for Eric ‘s house.
Then I had to appeal Jack Keough ‘s denial within 30 days to the Zoning Board of Appeals (ZBA), click on the names to read my appeal for Carl ‘s house, and Eric ‘s house; see also M.G.L., c.40A, s.15.
The ZBA was mandated to hold a public hearing within 65 days. Instead the ZBA mailed me a letter. I responded to the letter with my letter. The ZBA than had to file a written answer within 100 days and also file its answer with the town clerk. The ZBA failed to do that as well.
The public hearing the ZBA was mandated to hold would have been the appropriate time to question whether I have standing to bring this request to enforce the zoning bylaws and zoning laws of the Commonwealth. However, the ZBA mailed me another letter. The ZBA actually endorsed my check and did not send it back as stated in their letter. The town mailed me one of their checks 10 days later.
Chapter 40A, section 15 deems an appeal constructively granted in case the ZBA fails to act.
Kristin Laplante then had to issue a certificate to the effect that my appeal to the ZBA became constructively granted due to the ZBA ‘s failure to take action. She refused to do so following the advice of town counsel Vincent McCaughey. She instead asked me to file a written request which I refused to do in a letter.
I than had to inform in writing all interested parties of the constructive grant of my appeal and inform them that they can appeal the constructive grant if they are aggrieved by the constructive grant, M.G.L., C.40A, s.15. I did so with a certified letter.
Not one member of the selectboard, nor a member of the ZBA, nor a member of the PBH, nor any of Johnson ‘s sons, nor any of the selectboard members, nor any of the abutters appealed the constructive grant within the 20 day period.
By this time, the constructive grant of my request to demolish the two illegally built homes was a legal fact and this according to the law that is known as the zoning act, c.40A, s.1, in more specific terms, according to section 15 of the zoning act.
It was time now to file a petition for an order in mandamus with the Superior Court to seek a court order which would declare my appeal to the ZBA as constructively granted, declare the two homes illegal, and which would request the moving, dismantling, or demolishing of the two illegal dwellings. click here to read the complaint.
As expected, the sixteen defendants through their three attorneys filed a motion to dismiss, supported by a memorandum. I filed my opposition. These documents are interesting to read as they show clearly that the defendants ‘ lawyers misconceived the legal situation they found themselves in.
Judge Velis dismissed the case as I expected him to do. Click here to see the clerks notice. We, the town and I, found ourselves in the same situation as we were before in the case Peter Frei v. Planning Board of Holland, Town of Holland. This is the case that was adjudicated in my favor on Appeal, the second case the town lost despite the fact that the town wasted tens of thousands of dollars attempting to deny me my rights out of spite.
Once again the town has blundered themselves into a situation were they will lose on appeal as the statute is unambiguous. Once again the town will waste tax payers money, this time in an attempt to cover-up their self-serving acts. While normal people work hard to earn the money to buy a parcel of land to build a house, Earl Johnson helped himself and his family by conveying a parcel of town-owned property over to his mother in law instead of putting the parcel up for public auction.
The issue the Court of Appeals will have to decide is a very narrow one; the issue is whether I filed all the papers correctly. If I did do so, my appeal to the ZBA became constructively granted. The constructive grant pursuant to C.40A, s.15. is not pegged to any conditions other than procedural requirements. The constructive grant is not pegged to the condition whether I have standing or not. The language used by the legislator is unambiguous and mandates a constructive grant, see C.40A, s.15. Judge Velis argued in his decision that I would not have standing to bring this action before the court. In my opinion he is wrong for the reason I outlined above. Judge Bertha Josephson erred the same way in my case against the PBH; she did not apply the statute as the legislator wrote it too.
It is also important to notice that judge Velis ‘s decision does not deny that the two dwellings built by the Johnson ‘s are illegal.
There is no case law that even comes close to this case. Never before had a selectman so much help from different boards. The illegal permits were issued based on unanimous votes. Unanimous votes by the ZBA, and the PBH. The only official that did the right thing was Jack Keough. He denied the initial request by Eric Johnson for a building permit.
Everybody that will take the time to study this case will realize what kind of a man Earl Johnson really is.
The next step will be my notice of appeal as soon as a judgment is in place. I expect to have justice served and Earl Johnson and his corrupt cronies exposed.
Peter Frei
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Homes built by the Johnson's, illegal!
(houses shown in the upper part of the image, click on image to enlarge!)
Earl Johnson, a selectman, a planning board member and one of the tax assessors of Holland, Mass., has a legacy of illegal land use transaction and abuse of power that dates back more than 25 years.
Over time, Johnson, along with members of his family and several associates, engaged in a scheme that entails the illegal acquisition of a 12-acre land-locked parcel of land, the illegal procurement of a right of way to the land-locked parcel, the illegal "replacement" of a non-existing structure with a two-story three-bedroom home, the illegal subdivision of the land, the illegal construction of another home, and the potential illegal construction of a third dwelling, read more»
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Connecticut Prison Guard Fishing Derby on Hamilton Reservoir
Sturbridge resident Dennis Bonetti and his two fishing buddies Norm Butler and Glenn Tracy from Holland are upset and disappointed. After paying
the $10 ticket price they feel “ripped off” by the organizer. Bonetti claims, “we where there on time, they took our money and ran!” Glenn Tracy
claimed that after the organizer saw their catch the organizer decided that they were one minute too late to be considered.
The place to get the fish measured no later than 3 PM was simply described as P.J’s bar. Bonetti, Butler, and Tracy spent about five minutes just
locating the measuring station that turned out to be in the back of a pick-up truck in the parking lot of PJ’s. There was no sign, Tracy stated.
Bonetti was upset over the fact that the person in charge of determining the winner participated himself in the derby. “He should not have been
allowed to participate,” Dennis Bonetti said. He proudly claims his bass was the third largest, “I should have made third prize in the category
of largest fish.” Norm Butler claims he had the forth largest fish, also a bass. The three are buddies and have been ice-fishing together for
many years and vowed never to participate in the Connecticut Prison Guard Derby again.
Glenn Tracy made this video and put it on YouTube:
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Department of Revenue officials visit town again
If you follow town politics you knew all along that the select board, the guardians of your hard earned tax dollars, engage in wasteful spending. However, now it is official. The Department of Revenue (DOR) interviewed our town officials and published a report that is less than flattering. The DOR report clearly shows that what selectboard member James Wettlaufer says to the unassuming tax payers, and what he does are two different things. “officials […] knowingly incur[ring] year-end deficits in order to defer costs until the following year,” the DOR report states. By dragging their feet, Earl Johnson and the rest of the board of assessors incurred unnecessary costs in interest payments which averaged $54,464 over the last two years.Publicly, Wettlaufer's “beliefs” are different. He was quoted in the February 15, 2008 issue of the Villager as having said: “We have said all along since we began as a board together that we would always provide what we believe to be a balanced budget.”
What Wettlaufer says and does are two different things. The DOR report also points out that the practice of overspending is illegal,
read more»
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The “Victory” claimed by Gleason & Wettlaufer comes at a hefty Price for the Taxpayer
Unlike in the Quinones lawsuit, the town and police Chief Kevin Gleason got away in the Bunn case without paying the victim any money in form of a “business decision” as they referred to the $50,000 settlement they paid to Stacy Quinones back in 2006.
Despite Judge Ponsor’s grant of the town’s motion for summary judgment in favor of the town, the taxpayer is still paying a hefty price for the Bunn incident. Chief Gleason, together with a SWAT team of 15 officers kicked in the door of a harmless family still asleep. The raid did not produce any evidence of wrongdoing by the Bunn family despite a sworn affidavit documenting controlled drug buys by an undercover informant out of the Bunn residence. The sworn affidavit was necessary for the judge to authorize the raid of the dwelling on Maybrook Road. Read more»
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Planning Board of Holland denied resident right to divide his property
During the public meeting this past Tuesday evening, the Planning Board finally signed Peter Frei’s ANR plan (approval not required plan).
It was more than six years ago when Frei submitted his ANR plan for the first time to the Board. Instead of signing his plan as the law
required the Planning Board to do, the Planning Board refused to sign the plan and Frei filed suit against the Board in Superior Court. Frei:
“It was Earl Johnson who called the shots during the planning board meetings back in 2002; the rest of the members just followed his lead.”
During the following six years, a total of 68 motions and other documents were filed, among them a petition to the single justice of the Supreme Judicial Court. Frei:
“It was a simple matter. However, town counsel Vincent McCaughey misrepresented the law to the judge during the trial in order to win the case and Superior Court Judge Bertha Josephson obviously didn’t see the need to check his misleading statements. McCaughey after all, took an oath not to do what he did and I was just a layman representing myself.“
Frei who owns a 5 acre peninsula that jets into Hamilton Reservoir intended to divide the already subdivided parcel into three building lots in order to sell the lots. Frei had already a signed contract to sell one of the lots and couldn't because of the planning board's refusal to endorse his plan. Frei:
“All I wanted to do is dived the property and sell the lots. By now there would be three more houses on the peninsula, most likely weekend homes with a combined taxable value of at least $1’000’000.”
Weekend homes are a perfect source for property taxes as the children of families that spend weekends on the lake attend schools in other towns. Frei:
“Instead of following the law and do the right thing and in the process increase the tax revenues, the town choose to waste in my estimation in excess of $100’000 of tax payers money in legal fees over the past six years. It just doesn’t make any sense,”
Frei said. Frei who had to sue the town before and had justice served by the judiciary was forced to appeal the erroneous Superior Court judgment that was reached in his opinion as a result of town counsel’s misleading written closing argument. Frei:
“I was in contact with the New England Legal Foundation who offered to file an amicus brief on my behalf if necessary. Besides town counsel McCaughey, the selectboard hired one of the super lawyers of Massachusetts, attorney Nancy Frankel Pelletier from the law firm Robinson and Donovan out of Springfield.”
Despite the considerable effort to win the appeal at an enormous cost to the taxpayer, the Appeals Court of the Commonwealth vacated in its rescript the erroneous judgment issued by Superior Court Judge Bertha Josephson in favor of the Planning Board and ordered the court to issue a new judgment in favor of Frei. Frei is now allowed to sell the building lots created by his ANR plan.
Frei campaigned against Christine McCooe for a 5 year term on the Planning Board back in the spring of 2007 and lost. On several occasions the selectboard characterized Frei’s fight for his rights as frivolous, claimed that the town had no other choice than to spend taxpayers money and that the town could not get reimbursed for their expenses as the law would not allow it as long as Frei would represent himself.
The voters of Holland trusted Christine McCooe with their vote by electing her with 424 over 128 votes. Frei: McCooe wrote on her campaign flyer: “I have never gained my experience by suing the town.” Frei:
“The town enjoyed McCooe’s experience not for long, she showed her gratitude for the trust the voters gave her by attending three meetings out of her five year term she was elected for and resigned on August 7, 2007. Once again the selectboard appointed someone they saw fit thereafter. It is just town politics as usual.”
Guest Writer
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