opinion

Solid land use ordinances are not result of citizen referendums

Sun, 06/04/2023 - 6:45pm

In discussions surrounding the recent mining issue in Warren and Union, a common theme is what a beautiful place we live in, and we must preserve the clean air and water and out way of life.  I couldn’t agree more. The reason this place is how it is, is because of code enforcement officers and planning boards.  Planning boards are made up of dedicated, conscientious citizens who meet on a regular basis with a serious commitment to their town.  Those are the folks that are responsible for guiding the voters to make land use choices that promote and protect the ecology and the way of life we enjoy.

The people who circulated and signed the petition in Union disregarded the code enforcement office and, more importantly, thumbed their nose at the Planning Board.

They ignored an established process to examine existing regulations and amend, if needed, those regulations.  Instead, they chose to bypass the Planning Board, and went directly to the Select Board with demands that gave no consideration for due process.

Solid land use ordinances are not the result of citizen referendums.  They are the result of hours of discussion, debate, legal opinion, and finally, a vote of the people. 

So that Union voters are clear when they go to the polls on June 13, Article 4, “Amendments to the Town of Union Land Use Ordinance to Regulate and Control Industrial Metallic Mineral Mining, was not proposed by the Town of Union and has no connection to the Town of Union. 

It is a proposed amendment to one of the most important ordinances in any town, with no municipal involvement.  Why the petitioners chose not to work with the town is unknown. They are driving the bus.

I have lived in this area my entire life, 45 years of it in Union.  I’ve seen emotional land use issues arise many times that rallied the people in fear that their lives would be changed forever, and that is a good thing because getting people involved is a positive for any community.

Those issues all were dealt with by planning boards, not citizens’ petitions.  And they all turned out OK.  Just look around at the environment you live in and thank them for all the hard work they did.

This petition ship has sailed and it likely will cost the taxpayers of Union a significant amount of money to work through the land use complexities, and contradictions it has created, but there is a more important legal issue: Since this proposed amendment was not originated by the town, nor had any planning board involvement, if it passes and is challenged in court, why would the taxpayers be expected to fund any legal defense for an amendment that was questioned by the Select Board members, the town attorney, and rejected by the Planning Board?

I’m certainly not beating the drum for mining in Union or Warren.  Many of us have been through this before.  At that time, citizens got involved.  They learned about ordinances and procedures and created the most restrictive mining ordinance in the state.

CARMA chose a different path, and that’s their prerogative. They are demanding of local officials with no regard to land use ordinances and they are causing division in the good people who reside in these communities. If that works for them, it’s fine with me, but they need to own that.  While they are parading around, promoting their position, our Planning Board is doing the work.  Reviewing the existing mining ordinance and doing all that is allowed by law to protect our community.

It truly is sad that we are in this position.

Bill Packard lives in Union and is seeking reelection to his current seat on the Select Board.