Town trying to settle lawsuit
By Caitlyn Kelleher JOURNAL REPORTER

Westminster town officials and Robert Francis, a Westminster resident and developer, filed a joint motion this month to ask the court for more time to see if they can settle a $4 million lawsuit.

Francis filed suit against the town claiming that the zoning bylaws and their enforcement is "an illegal taking of his private property." The lawsuit says he lost approximately $4 million because of the re-evaluation of the land under the current zoning methods.

In a joint motion to the United States District Court in Massachusetts on Sept. 7, the two sides stated they have "engaged in statement discussions and remain close to a resolution of this matter," according to the court document.

The lawsuit also cites unfair granting of zoning variances by the Zoning Board of Appeals, whose members are defendants in the suit.

The ZBA members are six of the 12 town officials specifically cited in the lawsuit Francis filed in January. Francis filed the suit in state Superior Court but the trial was moved to the federal level in March because the town stated there were Constitutional issues involved.

The 12 town officials cited in the suit are ZBA members Edwin Kaarella, Paul Barkus Jr., Celia Burgress, Elizabeth Aveni, Peter Romano and Edward Snyder, as well as Planing Board members Marie Auger, Peter Munro, Andrew Sears and Barry Davilli, and Building Inspector Robert Thorell. All of the town officials are being represented by Nancy Pelletier of a Springfield law firm.

Town Coordinator Karen Murphey said the two groups were working on a settlement but that the negotiations are in the hands of the lawyers at the moment. Francis' spokesperson was unavailable for comment.

Francis bought 950 acres from the Fort James Operating Company, a paper manufacturer, around and including Crocker Pond.

In the law suit it states Francis' intentions were to develop homes on the land but he alleges that town officials wanted to prevent such development so they rezoned the property.

The zoning bylaws Francis objects to were passed at a special town meeting in October 1999. The bylaws include two that increased lot sizes from 43,000 square feet to 60,000 square feet and change the building requirements by a pond.