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Why is Westwood suing the Westwood Land Trust and trying to destroy a legally protected meadow?

This post expresses the views and opinions of the author(s) and not necessarily that of Westwood Minute management or staff.

I’m writing this because I think it’s really important to correct a mistruth that is being spread about a meadow on Clapboardtree Street. 

I’ve recently seen that Bean farm has put up an excessive number of signs campaigning to take Clapboardtree Meadow, which is currently managed by the Westwood land trust, because they turn a beautiful meadow into farm land for their own personal use. The Bean’s website contains misleadingly presented information about the terms of the conservation restriction, which is a legal, permanent restriction that protects the land from development or farming unless approved by the Westwood Land Trust (who did not approve turning the meadow into farmland because it would hurt the ecological and environmental benefit of the meadow, which supports birds, butterflies, and bees), and in a recent meeting, I heard Westwood’s town selectmen said they are currently using Westwood taxpayers dollars to sue the Westwood Land Trust to personally benefit the private, for-profit Bean farm. This means Westwood is wasting our taxpayer money on a costly lawsuit that could put all land under conservation in the U.S. at risk by creating a dangerous precedent, and doing it without the permission (or knowledge of) of most Westwood taxpayers. Converting a legally protected meadow into a farm plot would not increase the town’s tax base, and it would be against the wishes of the individuals who donated the land and put it into conservation. Why is the town wasting money in an attempt to turn a legally protected meadow into a farm for the use of a for-profit private company? How can the town can take this kind of action without any approval by Westwood residents?

I love Westwood because of how beautiful it is, the amount of walking land, the people, the views, the birds and wildlife, and the fact that it’s a private place to live, and the land in Westwood that's protected by conservation restrictions and can’t be developed or farmed makes the town as beautiful as is.  

I can sympathize with the challenges of running a farm in a town with our tax rates, but converting currently conserved meadows into farmland for the private use of a for-profit company is not the answer and puts all conserved land throughout the country at risk. Why would the Westwood Planning/Select Board ever even consider this as an option, especially given that private residents recently offered to pay the town almost half a million dollars to repurchase and protect this meadow, which was already purchased and legally protected once, because the private citizens were afraid that the town’s lawsuit could threaten conservation restrictions across the country by creating a dangerous precedent? Inexplicably, the Select Board said no to their offer of nearly $500k, choosing instead to spend taxpayers money sue to turn a legally protected meadow into a farm. Why? Who asked the town to do this, except for the Bean farm? Nearly $500,000 could go a long way to help the less affluent members of our town, support the Westwood food pantry, or lower the tax increases for 2026, and all it would take for the town to get that money would be to leave the meadow exactly the way it is. Why would the Selectmen turn that down to try and give the Beans more farmland?

I’m not comfortable with what the town is doing, and I’m absolutely not comfortable with the narrative that’s being broadcasted by the Bean farm.

Please do not accept the simple story that is being told by the Bean farm this is a clear matter of a small farmer against a very challenging economic environment for farmers, that destroying the meadow would give the Bean farm its only chance to survive, and please do not believe that the land was purchased and put into conservation so it could be turned into a farm. If farming the land was the intent of the conservation restriction, there would be no reason for the town to have to sue, and the land would already be used as farmland instead of being a beautiful meadow.

The town is acting against the best interest of nature, conservation restrictions across the country, the taxpayers in Westwood, and the donors who purchased and protected the land with a conservation restriction.

If Westwood wishes to support the Bean farm, there are so many other ways they could do that, ways that would not put all land that is currently under conservation at risk. Please tell the town that we do not want them to turn a protected meadow into a farm for the private interest of a for profit company. Learn more at https://www.saveclapboardtreemeadow.com.

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I could not agree more!  Thank you for posting this information.  Seems to me the Select Board is way out on a limb here!  

How is it possible that a town could sue the Land Trust on behalf of a private company??  Shouldn't the Bean Farm be paying these costs?  

Why isn't this money being allocated towards the Fire Station?  

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Agree 100%. The Select Board members are on the wrong side of this issue and are risking conservation land everywhere for the benefit of one privately owned business. Big mistake. 

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This whole situation is backwards. The norm would be 
that the Select Board supports the Westwood Land Trust
decision and the Bean Farm files a challenge in court. 
Then the Select Board responds with an answer that 
supports the Westwood Land Trust.
Instead we have this A_ _ Backwards situation.
Yikes

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It's really hard to understand what the Town thinks it can gain here. The CR clearly delegates land use decisions to the land trust. The land trust folks are thoughtful people who take their responsibility seriously. Instead of respecting them, the Town leaders have succumbed to emotional manipulation by one family business. Is suing the land trust the best use of tax $$ at a time when we can't even reach agreement on how to replace a badly inadequate fire station?

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I don’t think decisions impacting this particular parcel would endanger other conserved areas in town, as this conservation restriction has explicit language allowing for the use of the land for farming (including the building of a farm stand?):

  1. “Agricultural activities, including in connection therewith, and without limitation, the use of fertilizers and herbicides, clearing, plowing, planting and similar agricultural activities and (but only with the consent of all of the owners of the Premises, which consent may be withheld by any owner at its sole discretion) the construction and use of a roadside farmstand or similar structures.”

If you are supportive of the Bean Farm expansion, I don’t think it creates a bad precedent for other conserved parcels, as they don’t contain this specific language in their conservation restrictions. 

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Actually, there are other CRs in town which include comparable language to the CR in question.  I looked.  But it’s not just about this particular excepted use, this challenge to the authority and decision of the Land Trust sets precedent to challenge any and all decisions made by holders of CRs when handling any and all excepted uses.

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I agree that this sets a dangerous precedent. It disrespects the previous owner's generous effort and cost to put the CR on the property, and disrespects the WLT's authority to determine the appropriateness of the request.  I spoke with a member of the Select Board who told me that the WLT wasn't willing to negotiate about allowing agricultural uwse (and why should they have to?), and that upholding the restriction "wasn't in the interest of the town".  When pressed, the Member indicated that there was concern that Xaverian might buy the current Bean property, ,which the Bean's are threatening to sell.  XB is tax exempt.  So my guess is that westwood thinks they could lose more tax revenue than it is costing them to sue the Land Trust. But that doesn't explain why they rejected the MacFarlands' offer to buy back the meadow, which is now not generating any tax revenue but presumably would if the Town sold the parcel back.  
I am bowled overy by the disrespect the Town is showing to the Land Trust's authority and to the MacFarlands, who have been key to conserving large swaths on Gay St. too.

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Very interesting.  I’m not sure if, legally, what could potentially happen on adjacent property (i.e. the farm) is allowed to have any bearing on anything to do with the CR.  Thanks for sharing this information.

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This is outrageous.  First the Fire Station debacle, now this.

This Select Board has gone off the deep end!  If this Select Board continues moving forward is this direction, it's the Select Board that needs to be litigated!  Or rather, at the very least, a recall is in order for all.

In this case, why would you ever hand over public property to a for-profit?????????  What's in it for us?  We certainly could use some $$$.  What are the Beans offering?  The well established and well healed Bean family!

Sorry if Chris Bean couldn't make a go of it.  Bad business decisions happen all the time.  But I'm not here to rescue him, or anybody else, from making bad business decisions.  If he took the gamble of trying to make this work, basing that decision that he thought he could eventually acquire use of the 'Meadow', that was a big mistake.

I'm not here to support private entities without some form of compensation.  There was a plan for that land, and it didn't include handing it over to a for-profit business.

If they need land to make their farming venture successful, why don't they tear up the front yard of the Bean compound at #700?  Or, one of the other two Bean estates next door

And while we're on the subject of the Beans, anybody notice that Peter Bean was selected by the Select Board to be on the new Fire Station 1 Steering Committee?

You just can't make this stuff up!

Our Select Board, so dedicated to working for the tax paying residents of Westwood.  Ha!

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