Zoning changes cause debate at town meeting
Voters failed to pass zoning changes, but pass Fire-EMS merger
By Karen Mann Journal Correspondent

Two attempts to add to the commercial districts in town were not successful at the fall special town meeting on Nov. 14.

One article asked for the outlying commercial district to be expanded, to include two lots located at 212 Fitchburg Road. David Langton, who runs the landscaping business Einstein's Incorporated, owns the property and runs the business from it.

The Zoning Board of Appeals

claims Langton has been running his business illegally, because the area is zoned residential, and he did apply for the necessary permits.

"This is so not the way to do zoning," said ZBA Chairman William Cadogan. "We are

dealing with a business that has been running illegally for five years. Are we going to get five years of back taxes?"

Cadogan's question about the tax money was in response to the claim adding a commercial business would improve the town's tax base.

John Barrett, who represented Langton at the meeting, said zon- ing this area as commercial is consistent with the master plan of the town.

"It's in a good area, it is across the street from Townsend Ford. It is not a visual negative to the town. The town is in need of more commercial areas," Barrett said.

He added that he would not be supporting the rezoning if it was not in a good area.

Because the vote on the article was close, Town Moderator Gene Rauhala asked for a second verbal vote. After this, Barrett felt it was still too close, so he asked that the counters come out and count each individual vote. The vote was 61 against, 39 in favor.

Zoning articles require a two-thirds majority to pass.

The second rezoning article proposed expanding the downtown commercial district to include the area between Fitchburg Savings Bank and Sterilite on Main Street.

During discussion on the motion, Michelle Gold, who spoke in favor of the article, asked that no action be taken on the motion.

If the article was to be voted down, it could not come back to a town meeting for two years. If no action was taken, it could be resubmitted at the next town meeting.

After this, Barrett asked for the vote on Langton's article to be reconsidered. He said he wanted the chance to do what Gold did.

"I will take it off of the floor and work with the planning board to bring something back next spring," said Barrett.

The vote taken to reconsider the vote on article eight was the same as before, 61-39 for the negative.

In other Business:

+ Residents supported the merging of the Fire and EMS departments. Although this had been a heavily debated issue at other meetings in town the past few weeks, the article received little comment at town meeting. Only a few voted against the article.

+ A request by the Cemetery and Parks Commission for $10,500 to be transferred from general funds to the department was voted down.

Barrett, a member of the commission said they needed the money to pay for parttime intermittent labor, because it was cut from their budget this year.

Financial Committee member Joseph Berman said the financial committee could not support this article because it would set a bad precedent.

"We review budgets of departments in the spring," said Berman. "Circumventing that process is dangerous."

Berman said it would lead to other departments coming to them during the year asking for money instead of in the spring when budgets are worked out.

+ Voters unanimously supported transferring $75,000 from the Vinton Pond Land Account to the Water Main Extension Account. Town Administrator Gregory Barnes said the Water Department no longer needed the money to use towards Vinton Pond, because the state purchased the land.

+ They also voted to appropriate $48,300 from water receipts to fund the debt service of the Massachusetts Water Pollution Abatement Trust.