Important update — an appeal has been filed

As previously mentioned in our last update, November 8th was the deadline for the developer/ Chebacco Hill Capital Partners, LLC to appeal the Hamilton Planning Board's unanimous vote from October 11th to deny the development of 133 Essex. And appeal they did.

On November 7th, 2022 Chebacco Hill Capital Partners filed a judicial appeal to the Commonwealth of Massachusetts Land Court seeking to have the court overturn the Hamilton Planning Board’s unanimous denial of a special permit and to issue a new permit allowing the project to proceed. The appeal was not unexpected but is notable in its effort to denigrate the detailed and long-term effort by the Planning Board members who meticulously reviewed how the proposed project did not comply with local bylaws and regulations. We are highly confident that many of the allegations in the appeal including many against individual board members, will be found specious (false and inaccurate) and that the appeal will fail. We are equally confident that the town of Hamilton will recognize the myriad deficiencies of the appeal and will vigorously defend the Planning Board, its comprehensive decision and its individual members. We are disappointed that the developer has chosen to further fight this exemplary decision and force the town to expend time and resources which could be put to much better use for the citizens of Hamilton. Nevertheless, the record supporting the denial of the Special Permit is clear and convincing.

It could take months to determine an outcome to save this land we all have been fighting for. The Planning Board will now have to wrestle with the facts and realities of their final vote from October 11th. It is our hope all their knowledge, hard work and forthright demonstration of facts will prevail.

Please keep HOPE. We will not be rejected. We have come this far and will fight on—keeping you updated all the way.

Please be sure to keep your Save Chebacco Trails & Watershed signs up!