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Opinion February 1, 2008
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~ SpeakOut ~
Selectmen should not support second road
Donna M. Brownell, President WEST - WATCHDOGS FOR AN ENVIRONMENTALLY SAFE TOWN

I would like to respond to a recent news article in the Friday, Jan. 11, edition of The Community Journal titled "Selectmen vote to appeal Conservation Commission decision to DEP." The article states, Selectmen voted 2-1 to file an appeal with the state Department of Environmental Protection. "'The town doesn't own the access that is there now,' Town Coordinator Karen Murphy stated in July. 'Bob Francis retained ownership of the dam and the bridge. Everyone agreed it was better as an emergency access. It was always the intent to pursue that other access.'" The Board of Selectmen sold the residents of Westminster a distorted bill of goods when purchasing Crocker Pond. First, we have access. The deed states "… this deed is the perpetual right and easement to: pass and repass on foot and by vehicle along the entire length (but not to park vehicles within) the 24-foot wide strip of land (including both branches of the 'y' in the strip of land) identified as 'paved driveway'… maintain, repair, improve, replace and upgrade said driveway and the bridge by which the driveway crosses the Whitman River …"

When the town purchased the Crocker Pond Recreation Area, one of the agreements was that Crocker Pond Properties, Inc. agreed with the town of Westminster that Crocker Pond Properties, Inc. would, at its expense, repair and improve the bridge and the access way, so as to be in full compliance with all governmental rules and regulations governing the maintenance and safety of the bridge and its access ways. The cost to Mr. Francis to repair and improve the bridge and access way was $250,000. The bridge is brand new and should last for many, many years to come with proper maintenance. If the bridge or the access way need repairs or maintenance in the future, Mr. Francis can make the repairs and do the maintenance, but he is under no obligation to do so. Equally, the town could, but is not required, to make repairs to - or maintain - the bridge and access way. Since Westminster residents are the only users of the bridge and access way, the town would surely want to make any necessary repairs and maintenance as it is the townspeople that would be denied should the bridge have to be closed. The question needs to be raised, why did Mr. Francis need to spend that amount of money when all along the Board of Selectmen have, what they call, a "gentlemen's agreement" to put in a new access road from Rt. 2A to the parking lot at Crocker Pond?

There has been an access bridge to the property since 1933. Furthermore, Selectmen (excluding newcomer Nick Hay) did not do their homework and check with their own Conservation Commission and Planning Board to consider if the proposed access road was even a viable one. No attempt was made to find out the true cost of the road and what it may cost the taxpayer or the environmental destruction it would cause.

It seems this is the way the Board of Selectmen is conducting business these days. Vote first, check the facts later and go into executive session whether or not it meets the criteria of Chapter 39 Section 23b of the Open Meeting Law. Had I not been at the Board of Selectmen meeting Jan. 9 and questioned why the Board would go into executive session to discuss an appeal to the Department of Environmental Protection which is considered administrative, not litigation, and does not meet the requirements of the Open Meeting Law, they most certainly would have gone behind closed doors to discuss something that should be done in a public forum. I have to ask the question, "how many other times have they gone into executive session and violated the Open Meeting Law?"

The taxpayers of Westminster were not given the proper information when we purchased this beautiful and pristine recreation area for $1.2 million dollars. According to my research, we would have to spend probably another million to two million dollars to create an additional road that we don't need. At a Crocker Pond informational meeting held back in November of 2004, the chairman of the Board of Selectmen at that time, was quoted that the new gravel access road is estimated to cost $300,000 connecting Rt. 2A to the parking area near the pond. Residents were told by the Board of Selectmen that the removal of gravel from our Crocker Pond Recreation Area would bring the town approximately $375,000, which would pay for the new access roadway. What they were not telling you is the hill they proposed to remove is a buffer zone from the 25 year gravel mining operation on the other side of the rail road tracks known as the Westminster Business Park, a proposed 312 acre industrial park. Take down this hill and our buffer to 25 years of noise and dust is totally gone.

The Board of Selectmen have the right to appeal the Conservation Commissions denial of the proposed Crocker Pond access roadway. However, the Westminster Conservation Commission did their job by denying the Board of Selectmen. The Conservation Commission is responsible for protecting the land, water and biological resources of our community. They are a group of volunteers who work long hours to achieve community conservation goals. They upheld the Massachusetts Wetlands Protection Act with integrity, which they are charged to do. In this age of Global Warming, we should be thanking them for taking their job so seriously.

As a community, our Boards need to be held accountable by the people who vote them into office. In order to work together as a community we need more participation at Board meetings, Town Meetings, etc. We all have busy lives, please don't allow a minority of people to make decisions for you.


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