TNRTA

The MA Commissioner of Insurance is considering approval of recently requested increases of up to 7% in the FAIR Plan, on which nearly half of Outer Cape residents rely for homeowner’s insurance. The Commissioner of Insurance is accepting public comments until February 29th. Along with others individuals and organizations who are part of the coalition for Homeowners Insurance Reform, TNRTA has filed the following letter opposing this increase and urges all those who may be concerned about this increase to write to the Division of Insurance to express your views before the deadline, February 29th. Please make sure to reference Docket No. R2011-02.

We have made progress, finally, in getting the underlying problem in establishing reasonable FAIR Plan insurance rates in MA addressed: the hurricane and “wind event” models which insurers use are not related to what actually happens on the Cape or elsewhere in Massachusetts. With the energetic assistance of State A.G. Martha Coakley, this is now getting attention and action. So it is a good time to let the Division of Insurance know your views. If inclined, send your comments before Feb. 29, 2012 to:

Jean Farrington and/or Stephen Sumner
Presiding Officer, Hearings and Appeals
Division of Insurance
1000 Washington St., Suite 810
Boston MA 02118-6200
RE: Docket No. R2011-02

Click here for a copy of TNRTA’s letter to the Division of Insurance. Our Cape legislative delegation is also supporting our position, and will file their own joint opposition with the Division of Insurance.

In a short, focused meeting on December 19, the Truro Zoning Board of Appeals enforced the standing order of the Land and the Appeals Courts to inform the Town Building Inspector, Tom Wingard, that his approved building permit was improperly issued to construct the Kline house and to “take appropriate action.” as stated in the Court order. The ZBA, having issued a warning to this effect previously, went further to order Mr. Wingard to revoke the building permit for the Kline property. Enforcement of this decision, which now rests with Mr. Wingard, will require a tear down of the house unless court intervention blocks enforcement. It is expected that the Kline family will appeal the ZBA decision in court. Numerous abutters have already notified Mr. Wingard to enforce the standing court orders, and can themselves seek relief from the ZBA at any time if this is not enforced. The Kline family may also seek a variance from the ZBA.

For more information on this meeting, see
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20111220/NEWS/112200314/-1/NEWSLETTER100

The ZBA will hold a brief open meeting on Dec. 19th, at 7 PM at the Truro Safety Facility to implement court orders concerning the Kline house. The Supreme Judicial Court (SJC) recently declined to hear an appeal of the Kline family seeking to overturn the prior Appeals Court and Land Court rulings that established the Town Building Inspector improperly and illegally issued a building permit to the Klines for construction of their 8500sf home on Stephens Way. The Appeals Court also ruled that the Kline house was not an alteration of the pre-existing house owned by Kline at another location on their property. The SJC refusal to hear an appeal leaves these Court rulings intact, and effectively requires the ZBA to ensure in a timely manner that the Building Inspector is instructed to comply with the Courts’ decisions. No public comment period is anticipated.

After years of urging, we are happy to report that the MA Attorney General on Nov 17th issued a strongly-worded letter to the state insurance rating bureau. In part, Attorney General Martha Coakley said: “We write to you to express our ongoing concern regarding homeowners insurance premiums in Massachusetts and, in particular, the use of unproven and in some cases discredited hurricane models to justify excessive voluntary market rates . . . The situation remains troubling.” Cape and Islands lawmakers have recently filed legislation calling for increased scrutiny of hurricane forecasting models and more transparency in how insurance rates are determined. The Fair Plan has also recently filed for a 7.4 per cent rate increase statewide and a 6.7 per cent rate increase for Cape Cod and the Islands. Private insurers remain reluctant to enter the MA market as well for a variety of reasons, including risk assessment based upon the very forecasting models Coakley and Cape legislators have challenged. The state rating bureau hearing has been rescheduled for Jan. 19, 2012.

As part of a plea agreement, former Truro Police Chief John Lundborn admitted to sufficient facts in Plymouth Superior Court on December 6 to establish OUI while driving and crashing a Truro Police Cruiser on October 14. According to the Cape Cod Times, ” the district attorney has enough evidence that if the case went to trial, there could be a guilty finding.” Instead of going to trial, Lundborn pled to a first-time DUI offense, was placed on probation for one year, required to attend a driver alcohol education program at his own expense, and has had his driver’s license suspended for 45 days. If Mr. Lundborn violates probation or is arrested within this probationary year, the case can be re-opened and Lundborn sentenced thereafter. The matter was continued without finding for one year.

The Cape Cod Commission is studying various options for continuing the development of the Cape Bike Trail between Eastham, where it now ends, and Provincetown. Many of these options include paths now in heavily wooded and undeveloped areas of Truro, including little-used fire roads and ancient ways. CCC has provided us with an electronic survey which it hopes all taxpayers will complete online as soon as possible. This online survey allows direct, confidential answers which are immediately tabulated for the CCC. Very easy. Please respond by December 9, 2011. Go to this link to respond to this survey online:

https://www.surveymonkey.com/s/OuterCapeBike-PedMasterPlan

For additional information on the CCC project, please see the Provincetown Banner article in the link below:

http://provincetownbanner.ma.newsmemory.com/cccproject

Thank you for taking the time to complete this survey on this important matter!

The SJC (the highest court in MA) ruled against Truro in the Kline matter, effectively upholding prior Land Court and Appeals Court rulings that Truro Building Inspector had improperly permitted the building of the Kline House, and ordering the ZBA to correct the matter. According to Town Counsel, Jamie Veara, the ZBA has no effective option other than to order the building to be taken down, as it must implement the Court’s decision. One basis for the Decision – that the construction “overburdened the easement” – may also affect other construction on the same road. This also put the settlement in a separate but related case filed by Klines’ abutters up in the air, since it is effectively barred. The Klines proceeded with the multi-million dollar construction despite warning from the Land Court that to do so was at their own risk. It is not known at this time what, if any, recourse the Klines may seek.

At a Special All Town meeting held in Truro on November 14th, voters rejected an article put forth by the Planning Board to regulate house size. Splitting 75-74, the Town voters showed their continuing interest in house size regulation and their continuing concern that articles drafted so far are not sufficiently well-crafted to avoid unintended outcomes. The Planning Board has no intention of putting forth another article for vote at the 2012 ATM, and may not do so in the near future. However, concerned citizens are likely to take up the matter moving forward.

This evening, the Truro BoS voted 4-0 to accept John Lundborn’s resignation from the position of Police Chief, effective immediately, and to appoint Kyle Takakjian as Police Chief, pending successful conclusion of contract negotiations. Mr. Lundborn will receive all that he is entitled to by law (e.g., whatever pension rights he has, unused sick/vacation time) but nothing in addition. The Town will not be involved in future legal matters which Mr. Lundborn may have to address independently. It is not anticipated that any contractual matters will delay the appointment of Acting Chief Takakjian to the full post imminently. We are fortunate to have a qualified candidate for the position, already fully vetted, in whom the Truro PD and the community has great trust and for whom they have great respect. We give our good will and best wishes to the Truro PD and to its new Chief for a successful transition and future.