Dear Westford residents and other interested parties:
We are aware and mindful of the concerns raised by many of our residents regarding gun and weapon businesses potentially locating in Westford. The concern was heightened after the recent Planning Board public hearing, held on Monday, February 6, 2023, to discuss the Site Plan Review application for a proposed firearms sales and gunsmithing business at 359 Littleton Road.
We would like to share with Westford residents and interested parties facts to further inform decisions that are made regarding this topic and explain potential next steps. Please be advised that the following provides a general overview of the process and is not intended to provide legal advice. This is for informational purposes only. All Town boards, committees and officials are committed to reviewing all projects and rendering decisions in accordance with applicable laws and based on the specific facts before them, and they will continue to do so regardless of the nature of the proposed business.
For the past month, the Police Department has been working closely with the Land Use Management Department and Town administration to investigate the legality of adopting zoning language and then preparing draft language for a zoning bylaw amendment relative to firearms sales and gunsmithing. Any such zoning bylaw must go through a public hearing process before the Planning Board, then be brought to Town Meeting for approval, which approval must be by a two-thirds vote, and then submitted to the Attorney General’s office for its review and approval.
Crafting of zoning language takes time and is reviewed by the Town’s legal counsel to ensure that the bylaw not only is in the best interests of the Town but also meets all legal requirements. While we do not expect to propose an outright prohibition on such uses, an amendment to the Zoning Bylaw would allow the Town to exercise greater oversight when reviewing future applications. Such a bylaw may allow the Town to require prospective businesses to obtain a special permit, to adhere to certain setback requirements, including establishing minimum distances from facilities such as schools, childcare centers, and public parks, to implement safety measures, and to limit such businesses to certain zoning districts of the Town.
Many questions have been raised over the past week regarding the permitting required for this use. A proposed firearms dealer must possess a Federal Firearms License (“FFL”, which also requires a License to Carry), a Massachusetts Firearms Dealer License, and/or a License to Sell Ammunition and/or Gunsmith pursuant to M.G.L. c. 140, §122 and §122B. The Massachusetts Firearms Dealer License, License to Sell Ammunition, and Gunsmith must be secured from Westford’s local licensing authority, the Chief of Police. The guidelines for issuing Massachusetts Firearms Dealer Licenses and Licenses to Sell Ammunition and Gunsmith are dictated by statute and case law. There are no provisions for public hearings, and the ability of the local licensing authority to deny a dealer license is narrow in scope and specified under M.G.L. c, 140, s.122.
Several members of the Westford Police Department are scheduled to attend Firearms Dealer Inspection Training in March 2023 to ensure annual inspections will be thoroughly completed. This additional training is being provided to local licensing authorities without charge through the Municipal Police Training Committee.
In addition to these licenses, the facility must comply with all local and state laws applicable to any other retail business in the Town. Among those requirements, prospective businesses must secure any land use approvals that are required under the Town of Westford Zoning Bylaw. In this instance, the proposed use is allowed as-of-right in the zoning district where it is being proposed and the only approval required was Site Plan Review by the Planning Board, which includes a public hearing. Under Site Plan Review the Planning Board’s jurisdiction and discretion is limited, as Site Plan Review cannot be used to deny projects, although the Board may impose reasonable conditions of approval to help shape the project.
There have been questions raised regarding the applicant based upon a news article that was published in the Boston Globe. The information contained in the recent Boston Globe article did not contain evidence relevant to the Planning Board’s site plan review and it did not appear to implicate the applicant in criminal activity. If information becomes available about possible criminal activity, the Westford Police Department will work with our law enforcement partners to fully investigate the matter and take appropriate action, as it would with respect to any other matter. With respect to the Planning Board’s purview, however, the reputation of the applicant cannot be considered in connection with site plan review.
Additional questions have also arisen as to why many town residents were not notified of the Planning Board public hearing. Notification about Planning Board public hearings is provided in accordance with the notice requirements for public hearings as set forth in M.G.L. Chapter 40A Section 11. Great effort is made to provide notice consistently and diligently according to these requirements. In this matter, these requirements were met insofar as the public hearing notice was posted at Town Hall on January 12, 2023, the notice was mailed to parties in interest (abutters to abutters to within 300 feet of the subject property, planning boards of the six adjacent communities) on January 20, 2023, and the hearing notice was published in the Lowell Sun on January 20 and 27, 2023.
Based upon public input and in an effort to improve transparency, we are exploring options for interested parties to subscribe through the town’s web site to automatically receive public hearing and/or legal notices for all public hearings in the Town. This could potentially provide two (2) additional weeks’ notice as compared to an agenda posting. We hope to provide an update about this matter within several weeks.
The Select Board will be discussing this matter at their regularly scheduled meeting on February 14, 2023 at 7PM in the Town Hall, with an option to join virtually. That agenda can be viewed at www.westfordma.gov/agendacenter. The Town is committed to addressing this issue and the concerns raised by the residents in as timely a manner as possible. We recognize the immediacy of this issue. You can stay informed by attending public meetings and attending Town Meeting when the zoning bylaw proposal is before that body to let your voice (and vote) be heard.
Sincerely,
Kristen Las, Town Manager
Mark Chambers, Police Chief
Jeffrey Morrissette, Director of Land Use Management
