Executive Minutes
Stow Board of Selectmen
Executive Session
December 9, 2014
Present at the meeting that was held at Stow Town Building were Brian Burke, Donald Hawkes, Charles Kern, Thomas Ryan and James Salvie.
Also present were William Wrigley, Town Administrator and Maureen Trunfio, Administrative Assistant. Mr. Kern called the meeting to order at 9:48 PM.
Airport Zoning – Request for Legal Opinion
Mr. Wrigley explained Town Counsel has researched the interpretation of the Zoning Bylaw as it relates to airports and landing fields. Town Counsel phoned counsel for the Massachusetts Department of Transportation (MassDOT) Aeronautics Division and was informed that MASS DOT believes that they have pre-emptive authority to approve/disapprove local bylaws pursuant to MGC C. 90 S. 9B. Town Counsel disagrees as to the extent of their authority.
MassDOT has not approved nor reviewed Stow local bylaw with respect to its regulation of aeronautical activity. The bylaw is therefore, in MassDOT’s opinion, unapproved and, as such, unenforceable in this regard. The Board of Selectmen discussed whether to submit the Town’s Local Bylaw to MassDOT.
Under MGL 40A Zoning as a pre-existing non-conforming use, activity at Minute Man Air Field might be considered permissible. Other airports subject to 40A are the landing strip at The Collings Foundation and the ultralight airport at Crow Island.
During discussion the majority of the selectmen supported submitting the bylaw to MassDOT for review. The question remained, whether the Town should attempt to enforce the bylaw irrespective of whether Mass DOT approved or rejected it. Would it be in the Town’s best interest to enforce the bylaw, knowing that lawsuit(s) and significant legal costs would probably follow. Mr. Hawkes was concerned with possible legal costs associated with such a case.
Several selectmen were concerned with citizens’ opinion of the Town if it chooses to ignore its own bylaws. Mr. Burke suggested citizens could hire counsel and file a suit.
Mr. Salvie supported submitting the bylaw for review but was more concerned that seeking an injunction 30-years later would not bode well and might be considered a time -barred claim. In 2003 a letter from Building Commissioner Richard Roggeveen stated the he found no zoning bylaw violation with airport operation.
It was decided that the Selectmen will have Town Counsel submit the bylaw to MassDOT for review. Additionally, the Selectmen would like to solicit his opinion regarding the Town’s legal limitation in enforcing our bylaw by shutting down airfield operations after so many years of allowing airfield operations to continue and given the 2003 Building Inspector and ZBA decision supporting same.
Mr. Salvie made a motion to authorize Mr. Wrigley to request Town Counsel submit the bylaw to MassDOT for review and comment, and to solicit his opinion regarding questions at the Town’s time bar and estoppel issues. Mr. Ryan seconded the motion and it was passed unanimously. Roll Call Vote: Mr. Burke, aye, Mr. Hawkes, aye, Mr. Kern, aye, Mr. Ryan, aye, and Mr. Salvie, aye.
Adjournment
At 10:10 PM Mr. Hawkes made a motion to adjourn the meeting. Mr. Ryan seconded the motion and it was passed unanimously. Roll Call Vote: Mr. Burke, aye, Mr. Hawkes, aye, Mr. Kern, aye, Mr. Ryan, aye, and Mr. Salvie, aye.
Respectfully submitted,
Maureen Trunfio
Administrative Assistant to the Board of Selectmen
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