Clinton range ordered to stop shots

[tele_mark]

http://www.telegram.com/article/20070616/NEWS/706160350/1116


Rifle range ordered to stop shots

Lancaster inspector tells Clinton to halt

By Karen Nugent TELEGRAM & GAZETTE STAFF

The Lancaster building inspector has issued a cease-and-desist order on shooting at the Clinton-owned rifle range off South Meadow Road, just six weeks after jubilant sportsmen celebrated its reopening.

Building Inspector Richard J. Pauley said yesterday he issued the order to the Clinton Fish and Game Protective Association, which leases the property, because the discharge of firearms is not allowed there without a special permit from the Lancaster Zoning Board.

Most of the property is in Lancaster, but it is owned by Clinton. The range, which had been in use since after World War I, is a 1.6-acre section sitting on 12.3 acres.


Lancaster Police Chief Kevin D. Lamb, acting as a town constable, said he delivered the order to the association, which has its headquarters at 185 Lancaster Road, Berlin, last week.

The range, also known as the Brandli Property, is situated in a wooded area near the capped Clinton landfill and a sludge dump. Yesterday, a locked gate at the entrance to the landfill had a sign on it that said, “Shooting Range Closed Due to Funeral. Clinton Fish & Game.”

The Clinton-owned Reservoir Pines Cemetery is not far from the range. Opponents, mainly residents near South Meadow Pond in Clinton and Lancaster, have been complaining about safety and noise for years, especially since the cemetery and some school playing fields were built off Route 110.

The fish and game association agreed during discussions with the selectmen not to allow shooting during funerals. Other limits were placed on hours and activities included in the April 25 lease given to the association.

In early May, Lancaster officials objected to shooting in a residential district that allows limited recreational use such as camping, seasonal cottages, day camps and playgrounds. Any other use requires a special permit from the Zoning Board, prompting the cease-and-desist order, they said.

William F. Connolly Jr., a member of the fish and game association, contends that because shooting had been allowed for years, the range falls under a so-called grandfather clause, as a pre-existing nonconforming use.

Mr. Connolly said yesterday Lancaster does not have a bylaw that applies to the range. He said the bylaw cited by Mr. Pauley applies to recreational structures only.

The association, he said, has hired a Worcester lawyer and will appeal the order to the Zoning Board, and possibly take it to court.

The range has been problematic for years. In 1999, a group near South Meadow Pond successfully lobbied town meeting voters to approve a restriction on the property that allowed for passive recreation only, although some hunting was allowed.

A lease was subsequently signed with the South Meadow Pond and Wildlife Association. Clinton selectmen in 2005 terminated that lease, supposedly because the association had not paid the $600 or so owed to Lancaster for real estate taxes.

An article on the warrant for Clinton’s special town meeting June 20 requests that the lease with the fish and game association be revoked.

Another article would prohibit discharging a firearm within 5,000 feet of school property, a distance that would encompass the range.

 

[bpm990d]

http://www.telegram.com/article/20070616/NEWS/706160350/1116
By Karen Nugent TELEGRAM & GAZETTE STAFF

The range has been problematic for years.

Looks like the fourth estate doing a good job at being pejorative.

 

[tele_mark]

More on this:

"I'm not happy with it (the rifle range). Not happy at all," said Jeannette Legere, who lives on Beach Point Road in Lancaster. "I don't know a lot about guns or weapons, how far they can shoot. I'm worried that there's a chance one could come this way, though."

Sang Hee Lee, who has lived on South Meadow Pond Road for three years, says that just hearing the guns is cause for concern.

"It sounds so loud. I don't want my kids growing up hearing that," Lee said. "It's hard to explain to my kids, that people are shooting for fun."

http://www.sentinelandenterprise.com/local/ci_7617427

Gun range sets off fiery debate between towns
By Brian Lepire
Sentinel & Enterprise
Article Launched:

When the town of Lancaster's Zoning Board of Appeals decided in June that shooting at the Clinton Rifle Range broke Lancaster zoning laws, Clinton Fish and Game received a cease-and-desist order.

Since then, officials in both towns have been embroiled in an on-going battle about whether shooting at the nearly century-old site, a portion of which lies in Lancaster, should continue.

"The property was bought by Clinton 85 years ago for the explicit purpose of being a rifle range," said Bill Connolly Jr., a spokesman and member of Clinton Fish and Game. "In those 85 years, there has never been any injury or accident on the site or in the surrounding area."

But neighbors who live near the South Meadow Road site say that while nothing has happened, there's always the possibility of danger.

"I'm not happy with it (the rifle range). Not happy at all," said Jeannette Legere, who lives on Beach Point Road in Lancaster. "I don't know a lot about guns or weapons, how far they can shoot. I'm worried that there's a chance one could come this way, though."

Sang Hee Lee, who has lived on South Meadow Pond Road for three years, says that just hearing the guns is cause for concern.

"It sounds so loud. I don't want my kids growing up hearing that," Lee said. "It's hard to explain to my kids, that people are shooting for fun."

Connelly has said that while the noise is an issue club members are willing to work on, there is little chance a bullet could hit a person in their house.

"The closest house is probably 1,500 yards away," Connolly said, explaining that the hills and woods surrounding the site make it nearly impossible to hit the house. "There's just no way."

Building sound barriers around the range would reduce the noise levels, Connolly said, but because of the court case, it's not now an option.

"Instead of building these noise barriers, we've had to spend the money on lawyers and fees," Connolly said.

The rifle range, which had previously been open Monday through Saturday from 8 a.m. to dusk, has been closed to its 165 members since the Clinton Fish and Game club received the cease-and-desist order, but advocates for the range are trying to have that changed.

Lancaster Building Commissioner Richard Pauley, who is in charge of enforcing the cease-and-desist order, said he was informed on Nov. 1 that he and the Zoning Board of Appeals were being sued by Clinton Fish and Game for their right to shoot at the property.

"The bylaw is in pretty good standing," Pauley said about the rules governing the Lancaster portion of the property.

Clinton selectmen voted to abide by the lawsuit on Nov. 14, after Clinton Police Chief Mark Laverdure said Pauley informed him the order applied to police training as well.

"I sent the letter over to the Town Hall, and it basically said we have to protect the interest of the town," Laverdure said.

Laverdure was stunned to hear Lancaster's order affected his department.

"I was surprised they dragged us into it," Laverdure said. "They were in an argument with the Fish and Game, and I don't know how we got involved."

Laverdure argues that if the Clinton police were not allowed to train at the local site as they have done for the past 40 years, it would cost Clinton more money.

"We use that site for training and certification," Laverdure explained. "If we have to go out of town to get certified we'd have to pay for overtime costs."

The Clinton police force initially continued training at the site after the cease-and-desist order was issued, believing the order didn't apply to law enforcement. When neighbors complained to Lancaster police, Pauley called Laverdure about the order.

Connolly feels that neighbors pushed for the cease-and-desist order from Lancaster only after they exhausted all their options in Clinton.

"Some neighbors have spoken out about it before, bringing it to Town Meeting ... We won overwhelmingly," Connolly said. "Now they're utilizing land zoning laws in Lancaster. I was surprised Lancaster officials took a position on this."

Connolly said that most of Lancaster's police force are Fish and Game members, something that Lancaster Police Chief Kevin Lamb couldn't confirm. Lamb said he hopes for a quick settlement.

"I hope we get a decision soon. The Clinton police are off just trying to do their job," Lamb said. "The court systems can be slow, but hopefully we'll see some action taking place."

Pauley's attention turned to the site's neighbors, who are worried someone might get hit by a stray bullet.

"Nobody is going to win in this case. I just hope none of the neighbors get hurt," Pauley said.

 

[Erebus]

Would appear this may be the new method of getting rid of gun ranges. Pass ordinances they can't comply with so they have to shutdown.

 

[Cross-X]

Has anyone from the club called GOAL and asked for some guidance?

Pre-existing gun clubs have the high ground on issues like this.

Get a good lawyer! I recommend Ed George, whose office is in Malden, I believe.

For his phone number at his office, take a look at Ed's display ad in the latest issue of the GOAL Outdoor Message.

Darius Arbabi

 

[Rob Boudrie]

"It's hard to explain to my kids, that people are shooting for fun."

Wow.

 

[Len-2A Training]

Has anyone from the club called GOAL and asked for some guidance?

Pre-existing gun clubs have the high ground on issues like this.

Get a good lawyer! I recommend Ed George, whose office is in Malden, I believe.

For his phone number at his office, take a look at Ed's display ad in the latest issue of the GOAL Outdoor Message.

Darius Arbabi

When Sharon F&G had a similar problem and was shut down, the club hired Ed George. I attended one Selectmen's Meeting with Ed George, the club president and a number of other officers/BOD members.

I like Ed as a person, but my biased opinion from this one case was that he wasn't tenacious enough on our behalf. The club was shut down for ~ 2 years, ended up having to pay $14K+ for baffles before the "town would let the club open again". [Club had to take an interest free loan from members to pay for the construction work.]

All this due to a skip shot that happened at ANOTHER CLUB in town (Massapoag Sportsmen's Club). The shooters gun was confiscated, sent to MSP Ballistics and confirmed as the source of the errant bullet (that struck a girl's arm 1/2 mile away).

Thus, I could not recommend Ed in a case like this. My feelings are that Jesse Cohen, Darius or perhaps Keith (I'd be worried about his arrogance however) would do a much better job for that club.

Having been personally involved in town government for 33 years, I fully realize that towns don't care about state or federal laws, but create "feel good" by-laws that (if craftily developed) pass muster with the AG even if they are blatantly illegal.

However litigating against a town is a very expensive proposition and few clubs have the resources for that. They tend to give in to whatever is demanded of them instead.

 

[KMaurer]

A sane person might be tempted to ask "If all this shooting was so disturbing to you and your children and posed such a threat to your safety, then WTF did you move here three years ago, given that the club was operating there that that time and had been for over 80 years?" Reminds me of the damn yuppie asshats who moved into the new homes next to my aunt and uncle's chicken ranch back in the early 60's and immediately started complaining about the smell.

Ken

 

[pipmaster1971]

+1. The stupidity of these people amazes me. If you don't want to live near a gun club, don't by a house next to one!!!

These are the same morons that complain about noise aircraft when they buy a home next to Logan. Idiots!!!

 

[tele_mark]

More on this:

http://www.telegram.com/article/20080220/NEWS/802200430/1003


Firing range conservation restriction was never filed

By Karen Nugent TELEGRAM & GAZETTE STAFF


CLINTON— In a convoluted deal involving obtaining state land for the town’s water filtration plant on the school athletic fields off Route 110, a conservation restriction for the town’s former rifle range was approved by town meeting voters in 2000.

The restriction was never filed, but may come up as part of the recently formulated town open space plan, which is awaiting state approval.

The range, also known as the Brandli parcel, has sparked controversy for years among residents and sportsmen, including the Clinton Fish and Game Protective Association, which holds a lease on the 12-acre site.


At the December 2000 special town meeting, voters passed an article authorizing selectmen to place a conservation restriction on the land “commonly known as the rifle range,” according to minutes from the meeting. The minutes said a two-thirds majority vote was required for passage.

Also, according to the minutes, Town Administrator Michael J. Ward told voters the article was required by the state. The Brandli conservation restriction, he said, was to be exchanged for land the town needed to build the filtration plant. The town was under order at the time from state and federal agencies to build a plant, which has since been completed. The small section land for the plant was sliced out of a corner of the 48 acres the town previously bought for $60,000 from the state — in a much ballyhooed coup — for the new school athletic fields, which are near the Brandli parcel.

Town officials said the conservation restriction was never filed.

Robert V. Pasquale Jr., chairman of the Board of Selectmen, said the town meeting article simply authorized, not required, the selectmen to set the restriction. Town Solicitor Dennis P. Sargent agreed. Mr. Pasquale, who was not a selectman at the time, said yesterday he does not think the restriction was filed.

The range had been used for militia and police training, and target practice, since the early 1900s. In the last dozen years or so, several developments in Clinton and Lancaster have been built nearby, sparking complaints from residents about noise.

John R. Woodsmall III, chairman of the Conservation Commission, said in an e-mail that the conservation restriction for the Brandli property was brought up at several public hearings before the commission.

“It is also my understanding that such a restriction has not been crafted or filed,” he said.

Mr. Woodsmall said a goal of Clinton’s Open Space Plan is to apply conservation easements to town-owned properties in priority areas, and one of those areas is the Brandli parcel. He said the timeline for working on that goal is this year, the second year of the plan.

“We are aware of it, and plan on addressing it later this year,” Mr. Woodsmall said in the e-mail.

Shooting at the range, which is in Lancaster but is owned by Clinton, has been suspended since the Lancaster building inspector last June declared it an illegal zoning use. The sportsmen’s association, however, along with the town of Clinton, plans to apply for special permits from the Lancaster Zoning Board.

The Clinton Police Department, which used the range for years for firearms training and qualification, would get one of the special permits for shooting there.

William F. Connolly Jr., an association member and longtime proponent of keeping the range open, said conservation restrictions vary widely. Recreation, including target shooting, may be allowed, he said.

According to printed material from the state Division of Conservation Services, a conservation restriction is a legally binding agreement between a landowner and holder, usually a public agency or private land trust. The owner agrees to limit the use of the property for the “purpose of protecting certain conservation values,” the material says. Such restrictions may run for a certain number of years, or in perpetuity, and they must be recorded at the Registry of Deeds.

Mr. Connolly, who was a member of the School Committee when the new athletic fields were first discussed, said the state requested that land around them be “encumbered” and restricted to educational and recreational use — and that target shooting is recreation. He also pointed out that the town meeting article said “authorized” not “required.”

James J. LeBlanc, an opponent of the range, questions why the restriction has not been filed after almost eight years.

“I guess I would have to call into question whether if we, as citizens, vote on something that it is a ‘suggestion.’ Or is it the view of some members of the Board of Selectmen that citizens and voters aren’t smart enough to know what they are voting on?” he said in an e-mail.

 

[WILDCATT]

shooting range

remember Rockland??a anti gunner moved in and placed an article on town meeting to stop hunting.after it was defeated they moved out.
the subsequint investigation by gun right people found he was paid by antigun groups and had been doing this for years.angletree had bullets brought to selectmen claiming they were fired by angltree.bullets never were in a gun and some showed they were removed from backstop.

 

[ccm75]

The club in Clinton needs to have an open house and personally invite the neighbors for a tour and some shooting. Once they see the what, who and why they may relax a little bit. Hopefully.

 

[rscalzo]

Get a good lawyer!

That's exactly what the opponents want the club to do. Then they drag it out until the club can not longer afford to fight. Lone Pine was closed due to noise and after years, it still hasn't been settled. Club treasuries are very limited. National and state organizations can help somewhat but aren't going to fund the fight.

As far as moving next to a range, it happened in Pelham. They built big expensive houses right across the road from the entry. Now they are complaining about the noise. Go figure...

 

[maxfield 419]

http://www.telegram.com/article/20070616/NEWS/706160350/1116



In early May, Lancaster officials objected to shooting in a residential district that allows limited recreational use such as camping, seasonal cottages, day camps and playgrounds.

Couldn't we consider this a shooter's playground???

All kidding aside, this whole story seems silly. these "neighbors BOUGHT houses near a gun range...what did they EXPECT to hear??

It's not unlike the morons who bought houses in COhasset and Hingham with RR tracks in the back yard, then complained when the commuter rail was going to come through...DUH.

 

[maxfield 419]

"In early May, Lancaster officials objected to shooting in a residential district that allows limited recreational use such as camping, seasonal cottages, day camps and playgrounds."

Couldn't we consider this a shooter's playground???

All kidding aside, this whole story seems silly. these "neighbors" BOUGHT houses near a gun range...what did they EXPECT to hear??

It's not unlike the morons who bought houses in Cohasset and Hingham with RR tracks in the back yard, then complained when the commuter rail was going to come through...DUH.

 

[rscalzo]

It's not unlike the morons who bought houses in COhasset and Hingham with RR tracks in the back yard, then complained when the commuter rail was going to come through...DUH.

They built a high rise condo project in my town back in NJ years ago. They sell (now) for 750K and up. Yet no one seemed to notice all those train tracks that ran right next to the complex and in fact a selling point was the commuter train station almost on the site.

Then the complaints came in because CSX idled their engines during the winter while the switchers made up the fright trains in the nearby yard. They bitched and moaned to the Mayor who tried to work something out. But the bottom line was that the RR had a Federal Right of Way and nothing could be done about it. Maybe they disguised the tracks when they were shown the condo unit.

Almost as good as those that just bought about a eighth of a mile from Giant's Stadium. Just great until they have a concert. Sounds like they placed a speaker in your living room. And once again nothing to be done. Look before you buy....

 

[Plural of Mongoose]

We have been trying to open a new range on Nantucket. The town leased us 41 acres that has been used as an informal shooting range for the past 30 years and it was even approved by the voters at town meeting and the ballot box. We have the support of the local PD, the local EPO,Coast Guard and State PD, who all need a place to train and qualify.
Now neighbors who built homes in the last 5 years or so, almost a mile away, are complaining. Mostly summer people who are here less than a month or two a year.
They have the typical plan to lawyer us to death.
The local planning board is full of people who wouldnt know a BB gun from a Quad .50, and a couple seem to be "sensitive types"that cringe at so much as a picture of a gun.
Doesnt look very promising at this point.
Luckily the local PD is understanding of this seems to be hesitant to hassle anyone shooting on the beach or their property if they are legally shooting and being safe.
A range would be much better,centalized and safer but the antis are not concerned with safety or the needs of local LE and year round citizens.

 

[WILDCATT]

anti gun

start checking where some of the people came from,Rockport?had a anti hunting resident who filed a partition? to ban hunting.goal found out this person move from place to place working for anti hunting org.
I f you can find something on these people you could stop it forever.

 

[joemcg]

A sane person might be tempted to ask "If all this shooting was so disturbing to you and your children and posed such a threat to your safety, then WTF did you move here three years ago, given that the club was operating there that that time and had been for over 80 years?" Reminds me of the damn yuppie asshats who moved into the new homes next to my aunt and uncle's chicken ranch back in the early 60's and immediately started complaining about the smell.

Ken

Makes perfect sense to me because we all know "Guns don't kill people, chickens do!!"

 

[tele_mark]

I video on the subject posted to the Telegram today. I love the protester saying that the club doesn't have a right to exist because the area its in has changed in the past few years, and is now residential housing, even though the range preceded it by many, many decades:

http://www.telegram.com/assets/static/video/2008/gunRange