Forth quarter plays...

Those of you who have followed the New Silver Beach septic treatment plant (NSB) controversy probably thought this issue was settled. After all, the town administration told us that nearly all of the lawsuits were dismissed and we were very close to breaking ground. This is why we needed that referendum for the 70/30 split.

Not so fast.

The Massachusetts Division of Fisheries and Wildlife had issued a permit to the town contingent upon a turtle study that was supposed to be conducted between April 1 and October 15.

Surprise! Falmouth didn't do the survey. So, it should come as no surprise that the opponents of NSB filed suit.

For nearly four years I sat on the Falmouth Conservation Commission, and because the box turtle is an endangered species, we sometimes required private land owners to do these surveys. What's good for the goose is good for the gander, and the town should follow the same rules as any private party. I'm no fan of lawyers and legal action, but everyone - especially government - should be held to the same standards.

And speaking of lawyers and legal action, one of the last (THE last?) lawsuits pending in this matter deals with the discharge permit. At the root of this is the fact that the partially treated effluent from the NSB plant will be discharged near some private wells and those property owners are concerned about potential contamination.

An on-the-ball judge apparently asked Falmouth town counsel whether this situation was similar to the case where W. R. Grace polluted the groundwater in Woburn. According to an eye witness, "Town Counsel did not respond and appeared to be taken aback by this line of inquiry."

According to our sources, the judge was interested in who has the burden of proof, an answer even the Massachusetts Attorney General didn't have.

Bill Belichick is rumored to have shared a video tape of a horse race with his team. At every turn, he stops the tape, asking his players who will win. In the end, the winner is a horse no one mentioned, and as we learned this past Sunday, the game isn't over until the clock expires.

It seems to me that Falmouth's administration may have opened the champagne before the forth quarter ended.