NEWBURY – Chair Alicia Greco and the Select Board announce that the state Attorney General’s Office has ruled in the Board’s favor in response to an Open Meeting Law complaint.
On Nov. 17, 2022, the state Department of Environmental Protection approved The Villages at Cricket Lane project, superseding the Town Conservation Commission’s denial. The Commission voted on Nov. 29 to appeal the ruling, which required authorization by the Select Board.
On Nov. 30, Chair Greco called a meeting of the Select Board for that night, given that the Town needed to file an appeal no later than Dec. 2. The Board approved the appeal.
The Open Meeting Law requires that all meetings of public bodies must be posted at least 48 hours in advance, except in an emergency. A resident filed an Open Meeting Law complaint, alleging the meeting did not fit the definition of an emergency.
Assistant Attorney General Elizabeth Carnes Flynn ruled that the Select Board could not reasonably have expected that the Conservation Commission would appeal, and that the Town’s legal counsel would need time to draft the appeal.
“The Select Board thanks the Attorney General’s Office for its diligence and professionalism,” Chair Greco said. “As a Board we take our responsibility for openness and transparency seriously, and will continue to do so in the future.”
The ruling may be found here.
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