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Westminster R&G closed due to neighbor complaints

Arto said:
you mean you can't shoot yet, just in case they appeal? That doesn't seem logical ....
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Zoning board decisions can result in expenses being incurred - ground being broken; the contract with the zoning board member's brother who owns a concrete business being signed; etc. The "stay" for 20 days is to avoid harm in the event an appeal is filed and preevails.
 
The appeal does not have to prevail, as long as there is an appeal in place the decision is set aside and you must wait. The 20 day period is for time to prepare an appeal ie. find a lawyer, get your facts straight, frame your argument, etc. . An appeal from here goes to land court.
 
Manomet said:
The appeal does not have to prevail, as long as there is an appeal in place the decision is set aside and you must wait. The 20 day period is for time to prepare an appeal ie. find a lawyer, get your facts straight, frame your argument, etc. . An appeal from here goes to land court.
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Not sure if that's the case here. In Feb the club was served a cease and desist by the building inspector which shut them down. The club appealed to the ZBA (Zoning Board of Appeals), during which time they were shut down. The ZBA just ruled in favor of the club.
Their decision will be formal by June 8th (paperwork, etc). Neighbors can appeal, but I think the club can operate from June 8th until the appeal is dealt with.
 
My gut says the folks will wait until the very last minute to file an appeal, just to make it hurt.

If an appeal is filed, does that mean the club stays shuttered until the appeal is heard?
 
As soon as an appeal is filed the decision is set aside until the court decides. I have been on both sides of this table. I am also NOT a lawyer, my cases involved zoning issues not an appeal of a foolish building inspectors decision. I think the Building official was outside their authority on this one but that water is already over the dam.
 
inkdesigner said:
My gut says the folks will wait until the very last minute to file an appeal, just to make it hurt.

If an appeal is filed, does that mean the club stays shuttered until the appeal is heard?
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Considering what has come to light about who's in bed with who on this development and such it would probably not be wise to keep poking the bear at this point.
I'm sure the last thing this little band of miscreants wants is the state crawling up their ass and more publicity shining a light on their little ethics situation.
But , you never know, moonbats tend to double down on the stupid.
 
RedLeaf19 said:
Not sure if that's the case here. In Feb the club was served a cease and desist by the building inspector which shut them down. The club appealed to the ZBA (Zoning Board of Appeals), during which time they were shut down. The ZBA just ruled in favor of the club.
Their decision will be formal by June 8th (paperwork, etc). Neighbors can appeal, but I think the club can operate from June 8th until the appeal is dealt with.
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It's because it is a ZBA decision that it goes this way, it should never have been a zoning issue, the town never should have been able to shut them down but that is over now. Zoning issues have to be done the same way. If you wanted to build a new building on your property and there was a zoning fight like this one that you won they have to give the other side time to make their appeal without you digging holes and building day 1 in case they appeal and win.
 
they have to give the other side time to make their appeal without you digging holes and building day 1 in case they appeal and win.
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And here I thought it had to do with the concrete contract with the zoning board member's brother in law.
Does anyone have the wording on what was voted on and shouldn't any appeal be based only on that wording/vote?
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The strongest basis for an appeal is "our side can outspend your side on lawyers and you will run out of money first". It worked for the neighbors who shut down Dudley Sportsmens 20+ years ago.
 
SERE said:
Does anyone have the wording on what was voted on and shouldn't any appeal be based only on that wording/vote?
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Sorry, I dont have it, but it is on file with the Town Clerks office. They will send it to you if you ask.

Thanks.
 
Hate to say it but Land Court could a while in the making should they go that route but it would be very expensive for the person who brings it up. I'm not sure the town would do so.
 
firestorm said:
It's because it is a ZBA decision that it goes this way, it should never have been a zoning issue, the town never should have been able to shut them down but that is over now. ...
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The part in bold. How exactly was the club shut down? Does someone send them a letter? Do the police show up and ask them to stop shooting? What is the procedure, and who carries it out? How do they carry out something which seems to be an illegal act (the "shutting down"), anyhow? What would have happened if they kept using the ranges, since the law is on the side of the club?
 
Coyote33 said:
The part in bold. How exactly was the club shut down? Does someone send them a letter? Do the police show up and ask them to stop shooting? What is the procedure, and who carries it out? How do they carry out something which seems to be an illegal act (the "shutting down"), anyhow? What would have happened if they kept using the ranges, since the law is on the side of the club?
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I don't know what recourse the town might have if they ignored it. But from what others have said the law is on their side and there is no reason they should have shut down. Pretty much the town, without the authority to do so, told them to shut down and they complied of their own free will.
 
Part of the problem is that even if the original cease and desist was issued by someone who had no legal grounds to do so, ignoring it before it is voided or thrown out is a whole other thing and not worth the trouble it causes.

Similar to arguing with an order from and officer that may not be legal. You might win that, but the resisting arrest that happen when he arrests you for not following the order he had no right to give you is just a headache you might as well avoid. Because the police are who then send when you ignore a cease and desist and the police do not particularly care if the town had no grounds for issuing it.
 
People, file this to be included on your next town warrant, make life extra difficult for the antis before they even get started.

The town of _________________ shall pass no bylaw, ordinance, regulation, or policy that in any way restricts or inhibits any facet of ownership, possession, storage or use of firearms, magazines, accessories, ammunition, ammunition components, or any other weapons.
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You typically need only a dozen or so signatures to get it included on the ballot, then turn out and vote it through.
 
I don't think this is wise. Why bring up the subject if it not an issue? If you do, it might awaken the antis to come out against us. They will usually have the numbers. Bad bad idea. Not very well thought out. Thanks.

Plus, you cannot proactively pass a bylaw to prohibit future bylaws. And even if you could, it could itself be reversed or amended at any future meeting if on the warrant. Bad advice.
 
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