Cheshire Water Protection Bylaws May Lapse Over Missing Info
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CHESHIRE, Mass. — Because of missing information, the town may lose extended zoning bylaws that protect three drinking water wells owned by Adams..
Planning Board member Charlie Howard told the Selectmen on Tuesday night that the attorney general's office has kept the 2006 expansion of the Zone II areas for those wells on hold for years.
"Everything went through. It went to the attorney general’s office and the office refused it and put it on hold it has been on hold since 2007," Howard said. "It's pending and needs additional information."
He said if this information is not completed by the end of February the town will have difficulties passing its zoning reorganization and the Zone II areas will not legally exist.
"We need to get this done before the end of February because it is on hold right now and seeing that it is on hold I can’t sell or pitch that," he said. "If they do not have the information we are back to square one again."
Town Clerk Christine Emerson said both she and Town Counsel Edmund St. John III have attempted to get this information from the Water Department in the past, but have been unable to obtain the hearing dates, letters sent out to neighboring towns, and the published notice for the zoning change.
Water Commissioner Francis Waterman said he does not recall being asked for any information and found it "highly unlikely" that he was asked to do something and did not do it.
Waterman said he would contact Tighe & Bond, the firm that did the zoning work, and The Berkshire Eagle to see if he can recover the original notice.
Highway Superintendent Peter LeFebvre said the expansion of the Zone II area was triggered by the town of Adams to protect its wells. He said Cheshire already had the proper zoning bylaws to protect its own wells.
The Adams Fire District has three drinking water wells in Cheshire that require a Zone I protective radius of 400 feet and a Zone II protection area (the recharge areas for the wells) that limits land uses to mostly wetlands, forestry, residential and some commercial.
In other business, Town Administrator Mark Webber said the town will receive $8,000 from the William and Margery Barrett Fund to replace playground equipment at Cheshire Elementary School. The playground group needs $12,000 to install new equipment and has raised $4,000. The $100,000 in Barrett funds available for Adams, Cheshire and Savoy focuses on enhancing early childhood development.
• The board also met with town counsel to see if it was possible to create a new rule that would prohibit petitioning on town property.
St. John said he would look into it but doubts that it would be possible because of First Amendment rights. He said a blanket prohibition is highly unlikely.
• St. John also said the town's proposed noise ordinance looks ready for town meeting.
After many noise complaints, the Selectmen decided it should have a bylaw in order that will allow enforcement against excess noise.
"It’s minimal. It’s just a basic startup noise ordinance," Chairwoman Carol Francesconi said. "It is not as complicated as some of them we read."
• Howard also informed the board that Kirt Mayland of Reservoir Road Holdings applied for a permit for a solar array system. There will be a public hearing at the community center Monday, Jan. 26, at 7 p.m. Mayland has also approached Clarksburg with plans to develop a solar array.
Tags: drinking water, watershed, zoning,
