Second Amendment
Planning Board Votes to keep Firearms Zoning Public Hearing Open
Board and Town Counsel To Mull Recommendation Regarding Special Permit
The Westford Planning Board voted unanimously last evening not to close the public hearing on a newly proposed resubmission of a zoning article, that would impose significant restrictions on the sale of firearms in Westford. Caught between two diametrically opposed positions, seeking either to adopt or reject a special permit provision, giving the Planning Board special permit authority to approve or deny applications to sell firearms in town, the Board was presented with a third alternative. Dennis Galvin offered a compromise which would make the police chief, not the Planning Board the special permit granting authority. Galvin said that state law designates the police chief as the license granting authority for all matters pertaining to firearms. This designation would align the bylaw with state law. He said, not doing this would create a conflict between the Chief’s authority and that of the Planning Board which could create both administrative and legal difficulties for the town, not to mention the legal risks involved in subjecting a constitutional right to an arbitrary approval process.
The Board discussed Galvin’s recommendation with Chairman Bonenfant and Chief Chambers opposing the idea and members Bob Shaffer, Joan Croteau and Darren Wistz agreeing to submit the recommendation to town counsel for review and input. Chief Chambers offered that the public would be far more receptive to a local board making decisions about firearms sales, because it would be elected by the people. He said that it would be more sensitive to their concerns, than a career civil servant like himself. Dennis Galvin responded by saying: “the Chief just made my point”. The matter under discussion involves a constitutional right. This right should not be subject to the whims of simple majority rule. Galvin said : “this why we have judges”. He said that decisions involving constitutional liberties should be made by professionals, who clearly understand the law and the constitutional implications.
Jeff Morrissette disclosed that under state law special permit granting authority is limited to the Board of Selectmen, Zoning Board of Appeals and the Planning Board. Galvin interjected that under state law, the Board of Selectmen are designated as the police commissioners for the town. He added, they should have the right to delegate that authority to the Police Chief. The Board voted unanimously to continued the public hearing until June 3rd to await a response from town counsel.
The Issue of Special Permits – Editors note
The concern over the special permit stems from the right in law to grant special authority to certain boards and committees to establish extra criteria for certain types of uses and activities and also requires a higher vote threshold to approve; such as a 2/3 vote. Special Permits are used to address high risk activities.
For those who remember, the Asphalt plant was rejected under special permit authority ( not that it ultimately did any good).
The issue in the matter of firearms zoning in Westford is that the sale, use and possession of firearms is a constitutionally protected right. By subjecting such sales to special permit approval the Planning Board seeks to go beyond mere site plan review, which is an objective evaluation of whether an applicant has complied with the basic requirements relating to the use that he/she seeks to engage in. The special permit will interject subjective criteria; such as, is the use “good for the town”. Is it consistent with the town’s character. On top of that it will impose a supermajority requirement to pass.
Applying this process to a constitutionally protected use is an invitation for a legal challenge in which the town will not prevail.