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1-06-2026 1:04am
Select Board Schedules Special Town Meeting on Litigation Against Westwood Land Trust
Darlene Cancell
Editor
A Special Town Meeting has been scheduled by Westwood Select Board for Monday, February 2, 2026, at 6:30 p.m. in the Westwood High School gymnasium, following the board’s action at a remotely held January 5th meeting and the successful citizen petition in December signed by 344 registered voters, which obligates the board to hold such meeting under state law, upon the request of 200 registered voters.
Under consideration will be four articles, submitted by the resident petitioners. All articles are related to Select Board’s initiation of a suit against Westwood Land Trust, in which the board asks Norfolk Superior Court to decide the question of whether WLT must allow eight of 28 acres of conservation land at 665 Clapboardtree Street in Westwood to be put to agricultural use.
At the board’s remotely held meeting of January 5th, Select Board Chair Robert Gotti addressed reasons for the litigation, describing it as a request for a court to settle the interpretation of the conservation restriction (CR) that governs use of the land. Although 665 Clapboardtree Street is town-owned land, authority to enforce the CR is held by WLT. Mr. Gotti characterized the Select Board’s position as believing that permission for agricultural use of the land may not be unreasonably withheld.
The citizen petition, sponsored by Westwood resident Erin Sibley and signed by hundreds of residents, requests that Select Board facilitate a town vote to:
- Recommend that town officials immediately cease the current lawsuit against WLT (Article I);
- Prohibit the expenditure of town funds in furtherance of such litigation (Article II);
- Require a full public account of all town funds spent so far in furtherance of the litigation (Article III); and
- Recommend that no town official or employee pursue, fund, or engage in any legal, administrative, strategic or other action related to the matter unless an open, in-person public hearing for town residents to be heard is first held (Article IV).
Along with the above articles, the petition also requests that Ms. Sibley be allowed to present the articles at the Special Town Meeting and that other town residents be allowed to speak up and discuss the articles at the meeting.
During the January 5th board meeting, Town Counsel Pat Ahearn announced that he believes residents’ votes will not be binding on Select Board. Given the opportunity to speak during the public hearing that immediately preceded the board’s selection of February 2nd as the Special Town Meeting date, Counsel Ahearn described an opinion procured from outside counsel. Mr. Ahearn said the assessment supports a well-established view that residents, acting as a “legislature,” cannot direct Select Board, acting as the “executive,” on how to operate. Mr. Ahearn stated his intention to publish the opinion of outside counsel on the Town of Westwood website as soon as Tuesday, January 6.
Regarding petitioner’s articles that seek to curb the costs of the litigation, Mr. Ahearn suggested that residents cannot direct Select Board how to spend money that is “already authorized.”
Regarding petitioners’ request for Ms. Sibley and other residents to speak at the Special Town Meeting, Counsel Ahearn noted that the request is up to the town moderator, but that such participation has typically been allowed in the past.
On petitioners’ request for town counsel to aid in amending the articles to address potential problems, Mr. Ahearn stated his belief that he cannot make changes, due to the collection of signatures that support the petition’s existing language.
Counsel Ahearn noted that so far, the town has spent $12,000 to date on this litigation.
Town Clerk Dottie Powers estimated costs of holding the Special Town meeting to exceed $27,000. She noted that the high school auditorium, which seats only 644 people, was rejected as a location in favor of the high school gymnasium, which can seat 1,868 people on this controversial issue. She provided costs estimates totaling approximately $27,535, which she said include the following:
- Chair rental - $2,400
- Audio visual company services - $8,000 (minimum)
- Technology staff and set-up - $2,500
- Police detail - $1,200
- Electronic voting company - $4,500
- 2 required mailings - $4,500 each/$9,000 total
- Custodian overtime (no cost specified)
Given town officials' information that contrasted litigation costs of $12,000 with estimated Special Town Meeting costs of over $27,000, Ms. Sibley reiterated an assertion that she has repeatedly made: residents do not feel heard, and Select Board has not been transparent in articulating valid reasons for initiating the lawsuit against WLT, she said.
Ms. Sibley pointed to the detailed costs just provided by Ms. Powers as the type of detail she would like town officials to provide in response to resident questions but which so far has not been forthcoming. Ms. Sibley noted that the $12,000 in litigation costs which Mr. Ahearn described as expended to date is nothing compared to possible ongoing expenses, and that the Special Town Meeting would not be necessary had town officials answered residents questions earlier.
She called into question Select Board’s judgement in entering the litigation against a volunteer-run organization while noting that residents already face challenges of affording costs of building both a new or renovated Fire Station 1 and Thurston Middle School.
Regarding Counsel Ahearn’s assertion that residents’ voting will not be binding on Select Board at the February Special Town Meeting, Ms. Sibley strongly advised the board not to ignore the opinion of voters.
Resident Ishani Tewari, a professor of economics, also spoke up during the public hearing. She noted that from her economist’s point of view, she has supported the Select Board’s past plans for developing University Avenue, Islington Center, building the Pine Hill School, approving zoning in compliance with the MBTA Communities Act, and voting to approve construction for a new Fire Station 1. However, that same lens cannot justify the cost to taxpayers of litigation against WLT, she said, which she believes will benefit one private party. She referenced the Bean Family Farm which intends to farm the conservation land, if allowed. She noted that holding the Special Town Meeting is a last resort to get answers on how allowing agricultural use of the conservation land will provide the town with an economic benefit.
Resident Kevin Becker questioned Select Board’s judgement in entering the lawsuit and residents Peter Schuler and Claire Galkowski also provided input, stating that the board has not answered why farming the conservation land is a better choice than leaving the land, as is.
Ms. Powers reminded residents that the voter registration deadline to be eligible to vote at the February 2nd Special Town Meeting is Friday, January 23rd. She noted that the Town Clerk’s office will be open from 8:00 a.m. to 5:00 p.m. that day, and registration can be accomplished online up until 11:59 p.m. as well.
Town Moderator James O’Sullivan advised residents to look for the related notices on the town website, in the case mailings are delayed by the U.S. Postal service. He noted that delays in receiving town mailings before a previous Town Meeting were due to late delivery by the postal service, not delay by the town.
