Thursday, January 21, 2010
Gun range dispute over deadline for a hearing date is a standoff
By Karen Nugent Telegram & Gazette Staff and Lynne Klaft CORRESPONDENT
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It may be open fire at the former rifle range off South Meadow Road — at least for the Clinton Police Department — as Lancaster’s Zoning Board of Appeals apparently missed a deadline for holding a public hearing.
Clinton Town Solicitor Robert B. Gibbons said Lancaster was required to hold a public hearing within 65 days of Clinton’s appeal of an Oct. 29 cease-and-desist order prohibiting police training, along with any other shooting, at the controversial range, which is in Lancaster but is owned by Clinton.
Mr. Gibbons said in a Jan. 15 letter to the Lancaster board that the hearing’s time limit can only be extended by written agreement between the applicant (the town of Clinton) and the board, with copies of any agreement filed in the town clerk’s office.
“As you know, there has been no such agreement reached in this matter,” Mr. Gibbons said in the letter. “Therefore, under the statute, the Board of Appeals’ failure to hold a timely hearing is deemed a grant of the appeal.”
Lancaster officials do not agree, and fired a volley of their own.
Citing a different state law, Lancaster Town Administrator Orlando Pacheco said yesterday the zoning board is only required to render a decision within 100 days, or by Feb. 6. The board has set a public hearing on the range for 7 p.m. Feb. 4 at Lancaster’s Town Hall auditorium.
“We have spoken with counsel and are going to proceed in an appropriate, legal manner,” Mr. Pacheco said.
The zoning board, he said, tried to schedule the public hearing for Jan. 28, after several e-mails to Mr. Gibbons beginning in mid-December, but was unsuccessful.
He said Mr. Gibbons was to get a signed extension request from Clinton selectmen before the zoning board could properly schedule and advertise a public hearing. But Mr. Gibbons said it was up to Lancaster to request such an extension.
Clinton Police Chief Mark R. Laverdure, who was angered by the initial cease-and-desist order, yesterday accused Lancaster officials — Mr. Pacheco and Selectman Christopher J. Williams in particular — of being disingenuous in their talks.
Chief Lavedure said no police qualifications, typically held in October, or training are scheduled at the range.
“It will be a while before we use it,” he said. “There will be little or no use of the range until October.”
The range, also known as the Brandli parcel, has been the subject of complaints from neighbors in both towns for years. Since the 1920s, it was used for target shooting and training by the military, police and sportsmen. Two years ago, the Lancaster zoning board denied an appeal from the Clinton Fish & Game Protective Association to shoot at the range, but police were allowed to continue their yearly firearms qualifications until the cease-and-desist order was issued by Lancaster Building Inspector Peter Munro on Sept. 29.
Since then, the two towns have tried to hammer out an agreement to continue allowing Clinton officers to train there so they could complete qualifications while on duty. Otherwise, Chief Laverdure said, they would have to leave town and be paid overtime. He has also repeatedly pointed out how often Clinton officers are called on to help the smaller Lancaster force.
Lancaster selectmen voted to end negotiations with Clinton over the police department’s use of the range during a Dec. 7 executive session, saying they did not have legal jurisdiction to enter into a memorandum of agreement without violating the scope of the Lancaster Zoning Board of Appeals.
Clinton Selectman Kevin R. Haley said he is disappointed the range has created so much turmoil.
“It is too bad we were not able to come to a memorandum of understanding with the Lancaster selectmen, and that it had to come to this,” he said.
Mr. Gibbons in his letter said Clinton officials are willing to resume negotiations, and perhaps agree on a memorandum of understanding outlining parameters such as the times and days when police shooting would be allowed, and the types of firearms used. Mr. Haley said those parameters were a sticking point in the discussions.
“It is in the best interests of both towns to refocus their efforts on reaching a mutual agreement at this time,” Mr. Gibbons said in the letter.
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