Support Farming in Westwood at Special Town Meeting on February 2nd

Is The Westwood Select Board Behaving in the best interest of Westwood’s residents by initiating a lawsuit regarding the use of the Clapboardtree Conservation land?

The Westwood Select Board Meeting on January 5 provided an opportunity for Westwood residents to voice their views and concerns regarding the conservation land on Clapboardtree Street and the Select Board’s handling of the dispute with the Westwood Land Trust.

A petition demanding that a Special Town Meeting be scheduled was presented and ultimately the date set for February 2nd. Town Counsel Ahearn explained that based on the petition, the Town is required to schedule the meeting within 45 days, and that although a vote will be taken on the four articles presented in the petition, it will not be binding on the Town.

Some complained that the Town is expending funds to support a lawsuit on behalf of a family’s commercial farm.

The cost of the Special Town meeting was estimated at approximately $25,000. Town Counsel Ahearn was questioned about the Town’s expenditure on the lawsuit, and he stated that it was $12,000.

Above is a brief summary of some of the discussion at the Select Board meeting; below is my opinion regarding the Clapboardtree land situation and the Select Board meeting.

It appeared to me that people speaking in support of the Land Trust were surprised to learn that the Town has only spent $12,000 to file the lawsuit in question. They questioned how this could be accurate. Town Counsel Ahearn explained that the Town is paying $250 per hour, and that is, in fact, the correct figure. It was suggested that it was disingenuous to quote the cost of the lawsuit to date when it could drag on for years.

I think the issue regarding the lawsuit dragging on was raised because the Land Trust supporters recognized that it does not appear to make sense to have a special town meeting costing over $25,000 to voice a concern about the Town’s expenditure of $12,000 on a lawsuit.

The lawsuit will only drag on if either side refuses to accept the judges decision. Hopefully, commonsense will take over and the parties will negotiate and/or mediate and come to a reasonable solution acceptable to both sides. Select Board Chair Gotti indicated that discussions are underway with the Land Trust.

I may be wrong, but I think many of the petition signers are concerned with the FS1 situation and the perceived lack of transparency around the litigation, as opposed to upset over the Town spending funds to support farming (or a specific farm).

A couple of people questioned what is the benefit to the Town in pursuing this lawsuit.

I believe that there are a couple of issues to be addressed:

1) From the financial perspective that was raised, currently the property generates no income for the Town and, in fact, I believe that to maintain the meadow’s health, the Town has to pay to have it periodically mowed. If the Town prevails and decides to lease the land, it will generate income (we won’t know how much until a bid is picked based on the response to the Request For Proposal). It will also relieve the Town of the cost to have the meadow mowed.

2) The Town will benefit by having operating farm land and fresh produce in Westwood. Hopefully the Beans will win the bid; if they don’t, it can still be used for community farming.

Not everything can be measured in dollars and cents alone. For example, what was the economic benefit of building a new library? However you may feel, many believe the library is a significant benefit to the Town. What is the economic benefit of a new middle school? Again there is probably little economic benefit; it will be done to create a better learning environment for the Town’s children.

Should the Town take any action or expend any funds to help the Bean Farm survive?

Select Board Chair Gotti explained several times that the lawsuit is not to benefit the Bean Farm, but is to end the controversy regarding what the Town’s rights are with respect to the Clapboardtree conservation land. From my reading of the lawsuit, it appears to me that in the Land Trust’s view, their Conservation Deed is dominant over the Town’s subservient Deed and as such, they have the right to make the decisions regarding the land’s use -- regardless of the Town’s desire to allow farming. The judge will rule on this issue; I don’t think it needs to be discussed further.

The Beans have said that the farm needs additional land to farm to ensure the farm’s viability of the farm. I think that some believe that the Beans are a wealthy family and don’t need the Town’s help. This ignores a couple of issues:

1) As far as I know there is no nearby land that they can buy or lease to farm. Even if there was land for sale, the cost of even a one acre lot in Westwood is probably economically prohibitive.

2) The Bean brothers are forgoing the ability to develop the farm and sell the land for millions of dollars. They are doing this to allow one of their sons (Chris) to continue the family farming tradition; it obviously is not out of greed. How many of us would agree to do this for our nephew?

3) If the farm cannot break even or operate at a small profit, is it fair to also ask the Bean brothers to subsidize the losses in addition to passing on their right to develop the property?

I think we need to look at the totality of the situation. If you accept that the farm will not be able to function without the additional land, or alternatively that the Beans may become so frustrated with the situation that they decide to sell the land and develop it, then you need to consider what is preferable to the Town: to maintain the meadow in it’s present state next to a new set of mansions (or whatever else may be developed on the Bean’s farm), or, to allow some portion of the Clapboardtree Conservation land to be farmed.

You may not agree that the Town should help to support a “commercial farm”, but in Massachusetts that is the nature of the beast. By coincidence, I was watching Channel 25 when a report ran regarding the Honeypot Orchards going out of business. It detailed how the few remaining farms in Massachusetts are struggling and closing. Commercial just means they are trying to make a profit -- it is not a bad thing. Without the Town’s help, the Bean Farm may be the next to close.

The real question is who do we want to be as a Town? The state of Massachusetts has made the preservation of the few remaining farms a priority. Do we want to be the Town that decides not try to help our farm in order to preserve a meadow?

To Quote Boston Globe Columnist Kevin Cullen:

“Beyond the town of Westwood potentially losing the last farm on land that has been farmed since the 18th century, the Land Trust’s obstinance flies in the face of the state’s efforts to preserve farming in Massachusetts. Massachusetts has lost an estimated 113,000 acres of farmland since the late 1990s, and the state has instituted a preservation plan to try to save what remains.

Across Massachusetts, many towns and land trusts, including that in neighboring Dover, routinely work with farmers to manage and actively farm conserved open space. The Westwood Land Trust is pursuing policy that will put the town’s last farm out of business.”

You may note that Town Counsel Ahearn tried to point out that other Towns and their Land Trusts are working with their farms to try to sustain them. The Westwood Land Trust’s attorney responded that fact is not relevant to the Clapboardtree Conservation Land.

I think the Select Board is acting in the Town’s best interest and agree with their decision to file a lawsuit on our behalf. If you agree and want to support the Bean Farm and the Select Board decision, please plan to attend the Special Town Meeting on February 2nd and voice your support.