Selectboard Meeting of June 16, 2009.
To read the Selectmen's agenda click here!An appointment with Lori and Scott Bousquet started tonight’s selectboard meeting. The Bousquet’s collected signatures for a petition questioning the proposed Truck Stop on Mashapaug Road near exit 74 off of I84. The petition lists eight “quality of life issues,” and ends with the statement: “We feel that it is imperative that the residents and voters of the Town of Holland have a voice in this matter.” The Bousquet’s intention is it to give the voters an opportunity to vote on a bylaw change that would prohibit a Truck Stop, Transportation- or Freight Terminal to be built on Mashapaug Rd.
Earl Johnson correctly pointed out that the voters of Holland voted already in favor of the proposal, (special town meeting of July 28, 2005). Earl Johnson is used to the fact that a majority of voters attending the annual and special town meeting follow his “lead.” Earl Johnson made the following statement during the selectboard meeting of January 30, 2008:
“You have up to now given us a lot of trust and you have ... basically when you go to town meetings you listen to us and you usually vote the way we ask you to vote.”
He is right; I witnessed this behavior of the voters several times. In a sense, the majority of voters substitute their opinion with the opinion of Earl Johnson. This would be wise if Earl Johnson would be a wise man.... Wise is the adjectival form of wisdom and wisdom is defined as: “Applications of personal wisdom include one's ethical and social guidelines in life that determines one’s unique style of personality, the particular nature of short and long-term goal(s) pursued in life (spiritual or materialistic for example), perspective on life, social attitudes, etc.”
The most meaningful thing Earl Johnson ever did in his life was selling used cars in the business of his father in law, rather unsuccessfully I may add. Everybody who really knows Earl Johnson knows that you can press more water out of a stone than you can find ethics in Earl Johnson’s persona.
However, Johnson is wrong with his claim that the voters voted in favor of the Truck Stop. The voters accepted the proposed zoning change from “special conservancy” to “industrial” to accommodate the Flying J Truck Stop and not for a Truck Stop per se.
This is why the Bousquet’s effort to change the zoning by-laws with a provision that would prohibit explicitly a truck stop makes sense and is the right approach to prevent the Truck Stop from being built.
Earl Johnson, as always, tried to sell his argument in opposition to the petition with, “this will cost the taxpayer a lot of money,” as a special town meeting would be necessary to bring the petition before the voters.
Outspoken supporter of the proposed truck stop, chairman of the selectboard James Wettlaufer, was also not happy about the effort by the Bouosquet’s.
At times, the discussion got heated and Wettlaufer and Johnson became outright hostile.
In an interview with Christopher Tanguay back in November 2008, Wettlaufer stated: “I think this [Truck Stop] is a good thing for the area.”
Wettlaufer “informed” the Bousquet’s that there already is a terminal for trailer trucks, which Wettlaufer says is grandfathered, and has been for many years, and these grand-father-rights would be passed on to the new owners, implying that the Truck Stop is a done deal. Wettlaufer’s oversimplification of the situation and misinterpretation of the law to favor his friends and cronies is nothing more than wishful thinking.
Nonconforming uses (and structures) can not be expanded as a matter of law, quite the contrary is true. M.G.L. c.40A, s.6 provides in part:
“Pre-existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood.”
According to Wettlaufer, the grandfathered facility is now used to simply drop off and pick up loads of cargo, a practice that has caused a lot of inconvenience for nearby residents. Wettlaufer also stated in the same interview with Christopher Tanguay: “I think it [the Flying J Truck Stop] will definitely make improvements.”
Wettlaufer and Anthony Grossi have a personal relationship. Anthony Grossi is the treasurer, Michael Bergeron the president of New England Land and Lumber Inc., P. O. Box 155, Munson, MA 01057. New England Land and Lumber is the owner of the 73,8 acre parcel that was rezoned.
If the occasional tractor trailer causes “a lot of inconvenience for nearby residents,” I can’t see how over 1,000 tractor trailers a day 24/7 can “definitely make improvements,” as Wettlaufer wants the community to believe.
The seminal case interpreting the so called “grandfather clause” (section 6) is Powers v. Building inspector of Barnstable, 363 Mass. 648 (1973), which established three tests for determining whether an alteration of a nonconforming use constitutes a "change or substantial extension" of such use that will subject the resulting use to the application of the current zoning laws and bylaws. Powers established that if
- the resulting use does not reflect the nature and purpose of the nonconforming use prevailing when the zoning laws took effect, or
- there is a difference in the quality or character, as well as the degree, of the resulting use, or
- the resulting use is different in kind in its effect on the neighborhood,
If the permit issuing authority would issue a special permit in violation of the grandfather clause (section 6), the approval of such permit can be appealed pursuant c.40A, s.17.
Even if the Zoning Board of Appeals and the Planning Board would issue permits, there is another way to stop the Truck Stop. If necessary, I will give details to this legal maneuver at the appropriate time.
It is a good thing that some voters in Holland no longer blindly substitute their opinion with that of our “leaders” James Wettlaufer and Earl Johnson.
Present at the meeting taking notes, I raised my hand in an attempt to inform the selectboard of the purpose and reach of section 6. The selectboard ignored me and used the opportunity to accuse me of misinforming the people, the very thing Wettlaufer did! When asked what that misinformation was, Earl Johnson as usual cried, “OUT OF ORDER!, OUT OF ORDER!” His attempt to have me removed however failed, common sense trumped over his request that seemed out of order.... (somehow he doesn’t seem to like me.. I wonder why..).
Appointments:
Acting Chief of Police, Brian C. Haughey, introduced Eric Stanley to the members of the selectboard. Eric Stanley is a part time police officer for the town of Wales, and besides serving the public he is also “jack of all trades” according to Brian. As expected, the selectboard followed Brian’s recommondation and appointed Eric Stanley who will be on probation for a year before his appointment becomes definitive. Eric Stanley lives in Dudley at the present time. The Holland Blog welcomes officer Eric Stanley.
Other re-appointments were made. To read the list, click here!Old Business:
The group of residents that live on Lake Shore Drive was back. Neighbor Allen Molin’s attorney mailed a letter to the selectboard turning things upside down. Now Mr. Molin’s attorney is accusing Molin’s neighbors that there is something wrong with their dock and that his dock was allegedly approved by the Holland Conservation Commission. Molin is accused of using too much and of blocking their right-of-way with a dock and a jet ski, a slide, and other toys.
A special use permit was issued allowing a fishing derby on August 21, 2009. The derby participants will arrive no earlier as 6:00 hours and the derby will start at 7:00 hours. By 15:00 hours the derby will be finished.
New Business:
The Lake oversight committee is not happy with the way the flood gates at the north end of Hamilton Reservoir are operated and inquired whether they can have the control over the operation of the flood gates. The claim is that to much water is being discharged during the summer. Selectman Petersen voiced a cautionary remark by stating “they should be careful what they wish for.” No decision was made.
Selectman Christian Petersen made a motion to search and appoint an individual to the position of zoning enforcing officer. The motion was accepted unanimously. At the present time Jack Keough, the building inspector, is also the zoning enforcing officer.
Announcements:
The Annual Town Meeting will be continued this coming Thursday at 19:30 hours at the Holland Elementary School.
The meeting was adjourned at 19:56 hours.
Peter Frei