November 2002 Letter to the BOS-Article 35

"Webster Lake Association is a non-profit organization dedicated to enhancing, preserving and protecting the quality of the lake and its watershed through the promotion of responsible, effective environmental & educational policies. We shall strive to strengthen and unite the Webster Lake Community through recreational, social and civic activities. Our mission is to preserve this regionally unique resource as a pristine legacy for future generations."

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P.O. Box 156
Webster, MA 01570-0156

 
 

 

Webster Board of Selectmen
PO Box 249
Webster, MA 01570

 

17 Indian Lane
Webster, MA 01570

October 31, 2002 

To the Board of Selectmen, 

At our last town meeting I was the sponsor of Article 35 (Revision of the Dock Registration Bylaw).  In due course the article passed with a unanimous vote.  But what preceded that vote prompts me to write this letter and to request being put on the Board of Selectman’s agenda in the near future. 

After my motion to pass the article, the Board of Selectman’s Chairperson spoke on the article.  What transpired is puzzling.  She began her speech for “informational” purposes to notify the meeting that the Bylaw Committee had not reviewed the article, or made an appearance at the meeting either in person or by letter to approve or disprove the article.  Her speech evolved into a “recommendation” to pass over the article since it was not a legal article.  To emphasize her point, she waved a copy of the town bylaws in the air.  The moderator then asked her if she would like to make a motion to that effect.  She did.  There was no second to the motion. 

During her speech, the Chair of the Finance Committee asked Town Counsel for an opinion on the issue.  He ruled in favor of our Article being brought to a vote.  At that time I expected the Board of Selectman’s Chairperson to withdraw her motion.  She did not, and in spite of no second to the motion, her motion was brought to a vote.  In the middle of the vote (her motion was not receiving support) the audience brought up the lack of a second and the vote was suspended.  The moderator again asked the Board of Selectman’s Chairperson if she would like to re-introduce her motion to get a second.  She declined. 

The article finally was brought to a vote and passed.  In spite of the victory, the many voters who supported this article feel that it may still be threatened.  Therefore, I respectfully request the Board of Selectman to respond to the following questions: 

1.      Article 35 will now have to be approved by the State Attorney General’s office. 

a)     Can someone stop it from being submitted?

b)     How can the article be legally discredited? 

2.      If approved by the Attorney General’s office,  

a)     Can it be stopped again by some other technicality?

b)     Will the approved bylaw have to be published? 

3.      If it clears hurdles 1 and 2, will the Board of Selectman implement the bylaw? 

4.      During the last town meeting, was the motion to bypass Article 35 supported by the Board of Selectman? 

5.      What is the purpose of the Bylaw Committee and how does it function? 

6.      Is the Bylaw Committee functioning presently? 

7.      If the Bylaw Committee does not function, how might a citizen’s petition be protected from removal from the warrant? 

          Myself, along with other lake residents, are pleased with the support shown at the town meeting for Article 35 and look forward to having the new dock registration process established by the Selectmen after thoughtful consideration.   

Respectfully yours, 

Richard Cazeault PE
508 949-0826 (home)
zcazeault@charter.net

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