WESTFORD — The Planning Board has opened the public hearing for an updated zoning bylaw that could regulate future firearms businesses in Westford.
The new proposal recently cleared a procedural hurdle to return to a special town meeting no later than July 27. A previous proposal failed to garner a two-thirds majority at Special Town Meeting last October.
The proposal creates 1,000 foot setbacks between firearms businesses and public schools, 500 foot setbacks between firearms businesses and a special permit requirement.
The previous proposal had a limit of four special permits that could be granted by the Planning Board. The new proposal does not place a restriction on the number of businesses that may enter Westford.
“What we’re looking to do here is separate, not stop the gun shops, separate them by 500 feet. That’s all we’re looking to do. You can buy a gun, you can own a gun in Westford, we just don’t want them congregating as it happened in the mill,” Planning Board Chair Mike Bonenfant said during an April 1 meeting.
Chief of Police Mark Chambers says he supports the new proposal.
Police chief supports measure
“My main concern was to create a buffer between firearms businesses to hamper some of the backdoor dealings that have been happening over in Littleton as well as the special permit so we could have at least have some say in the security measures,” Chambers said.
However, he acknowledged that the previous proposal did “creep in scope.”
“It did creep in scope last time, but I am in support of this bylaw, wholeheartedly. I think it’s an important measure for us to take to protect ourselves from some of the business that’s being conducted in a neighboring community,” he said.
Chambers notes that he believes a special permit is required to regulate businesses, and says he believes he does not have authority to create setbacks under current state law.
“The assertion was that the chief could essentially treat it as a special permit by denying any firearms business coming based on whatever criteria that they thought I could apply,” he said. “I do not have that legal right, I cannot apply a buffer, I cannot deny a license unless it’s under specific circumstances.”
He added, “If I do that, I am opening myself and the town up to additional liabilities and I will get sued.”
Under MGL Ch. 140 Sec. 122, the chief of police may determine eligibility and grant a license to an applicant after an investigation into their criminal history except for minors and youthful offenders, among others.
“All I can consider on that is an alien, a minor, a person who has been adjudicated, a youthful offender, what is specifically written within that law. I cannot create a buffer and I cannot limit the number of licenses,” he said.
Concerns from residents
Some residents, like Alisa Nakashian-Holsberg, questioned why the proposal does not allow for businesses on Route 40. The current proposal primarily allows businesses along Littleton Road.
“That’s the one part of town that we’ve had a business before,” she said. “Is there a reason why we may have decided to stay away from the industrial or commercial parts of Route 40?”
Assistant Town Manager of Land Use and Economic Development Jeffrey Morrissette says when the previous proposal was discussed last year, several additional setbacks were “problematic” for adding additional zoning districts.
“Once you went along Route 40, it would bring you into the Industrial A zoning district. It would also bring you into some residential districts. Even if you limit it to the Industrial A zoning districts, that would include a lot of parts of town in the village areas,” Morrissette responded.
He added, “We don’t have that competition at this time except for the schools, but at that time there were many other buffers that came into play that would be problematic for adding another zoning district.”
Others, like resident and School Committee candidate Joe Spadano, say that the frame and receiver rule, a legal loophole used to help customers obtain firearms that would otherwise be illegal to sell in Massachusetts that was exploited by some Littleton mill dealers, should be addressed at the state level.
“I am a believer that the frame and receiver rule should be a state addressed issue,” he said. “I understand why having that close proximity would encourage that, but you’re breaking the law when you’re breaking the law.”
While Chambers says he does not “necessarily disagree” with state action, he says the state has encouraged towns to enact their own rules.
Other towns
Adjacent towns, such as Littleton and Acton have passed similar zoning bylaw amendments regulating firearms businesses. Acton’s bylaw, which allows for two special permits, has received approval from the Attorney General’s office, according to the town’s Planning Division.
The public hearing will continue during the board’s May 6 meeting.
