Concerns Raised About Veterans' Freedom Park Plan

A proposal to allow structures to be built at Veterans' Freedom Park should be voted on in the spring rather than at the Oct. 15 special town meeting, the planning board said Tuesday night.

The recommendation came shortly after a public hearing where abutters raised concerns. And advisory finance committee Chairman Edward Behn said his board voted 7-1 to defeat the proposal because members are confused about "whether this is legal."

The Oct. 15 warrant article asks voters to amend a 2007 town meeting decision putting a deed restriction on the park, the former Lee Property. Lifting the restriction would allow structures to be built there. The Rotary Club of Westborough has purchased a 72 foot by 36 foot circuit fitness course, with the intent to donate both it and its installation to Westborough. A 20 foot by 24 foot pavilion, as well as a playground and a tennis court, are part of supporters' long-term vision for the site.

Westborough Rotary President Kathy Wilfert said the club supports delaying the town's vote until the spring, given Tuesday night's discussion.

"If it stands this way, I as president of the rotary club will stand up and ask to pass over this," she said.

"It's senseless to bring this to town meeting, stir up a lot of emotion, and have it defeated."  

Early in the hearing, Town Planner Jim Robbins said the board would vote a town meeting recommendation to "establish the envelope" within the site, where structures could be built.

The proposed envelope encompassed 1.6 acres of the 22.6-acre parcel, Robbins said.

Planning board member Mark Silverberg said he appreciated the Rotary's donation.

Silverberg asked if the Rotary was willing to put up screening or modify the envelope, for the neighbors.

Rotarian Bill Linnane said both are doable.

"Can it go to a different location? Absolutely," he said.

However, West Main Street resident Michael Lapitsky said the project would further infringe on his property, which "overlooks the fields."

"How can the town talk about developing this more when the road has not been installed?" he asked.

"It hasn't been installed correctly. There's no cul-de-sac. There's no lighting. There's no security. It doesn't get plowed in the winter until after the storm. So, what I have in my driveway is people, when they want to ski, they park right in front of my driveway.

"You guys don't see it, but I have to deal with it every day."

Lapitsky added that during track meets, "we have to put cones out to keep people from parking on our lawn."

"I can't believe the town is thinking about developing this even more when the original plan hasn't even been installed," he said.

Resident and local lawyer Christopher Senie, meanwhile, questioned whether lifting the deed restriction was legal.

Behn said the advisory finance committee was in contact with Town Counsel Gregory Franks, who provided memos he wrote in 2007, "right after the property was purchased," as well as answering the current committee's questions.

"According to Greg, people were coming forward asking what things might we do? So, he drafted an e-mail basically saying no, as I read it, it must remain open space," Behn said.

"Purely on a legal basis, we felt we could not move forward with recommending this," he said.

Resident Earl Storey said he has spoken with Franks about this warrant article and "he never said anything about that." Storey is the Department of Public Works' supervisor of all park and recreation fields.

"I don't doubt his e-mail and what he's saying. I was always under the impression that town meeting accepted this this way, and the only one that can change it is town meeting," he said.

Behn said the advisory finance committee's exchanges with Franks left the issue "unclear to us."

"I want to make absolutely sure: Greg believes this is legal. That's never been the issue," Behn said.

"From the finance committee, it was that we had confusion because of other correspondence, interpretations, trying to read the bylaws. We do not feel comfortable. We want to make sure that we're not 'throwing Greg under the bus.' That's not the purpose at all. He's been extremely direct with us, extremely forthright with us."

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