Bylaws changes, additions on October warrant.

Byline: Michael Kane

WEST BOYLSTON - Voters at the semi-annual town meeting in October could be asked to consider several bylaw changes. While many are routine housekeeping matters to update or eliminate archaic bylaws, some could draw debate, according to discussion held at a public forum on Sept. 4.

One sure to bring heavy discussion is the so-called "demolition delay" bylaw, sponsored by the Historical Commission, but placed on the ballot by a citizen's petition after the Board of Selectmen questioned the law's power.

The law, if approved, would give the commission the right to delay the demolition of a building deemed historically significant, for both relocation and posterity, or for photographic documentation by the commission.

While, at the Sept. 4 forum, the stress by supporters was placed on documentation and not preventing property owners from demolishing old buildings, the law itself states demolition can be stopped for up to a year, until a new location is found or it can be shown the owner has done everything possible to relocate the building.

Town Clerk Kim Hopewell said the West Boylston proposal was suggested after a former school building in Oakdale was demolished and no one was told it would happen. The law would have allowed the building to be documented, Hopewell said.

"We looked at 35 other cities and towns, and this is a nice mixture," she said. "The building inspector can sign off quickly, so long as the Historical Commission can take a look at it.

"All we're saying is, let us take a look at it before you tear it down," she said.

But, whether that is enough for voters is yet to be seen. The wording is what will carry onto future generations, not the intention, residents pointed out at the forum. That same argument is likely to be raised at town meeting, some noted. Last year, a Planning Board article governing signs was defeated by angry voters, who pointed out that what the Planning Board said the law was presented for was different than what the law would actually allow the town to do to small businesses, according to how it was worded.

Something else that some said had the ring of "big brother" is a bylaw proposed by Hopewell to keep the town census up to date. Now, if a voter does not fill out the census, he or she can be removed from the voter rolls. But that alone is not enough to get compliance, Hopewell said.

Under her proposal, landlords of a duplex or larger building would be required to get tenants to fill out the census, or fill it out themselves.

The benefit, Hopewell said, is accurate voter data, which is reflected in government information about West Boylston, including per capita cost for services and demographic information.

"I want my voter voting rolls to be correct," Hopewell said.

Additionally, with a decline in Massachusetts population, Town Administrator Leon Gaumond Jr. said inaccurate information could change the Congressional districts in a way that is negative for West Boylston.

Another suggested bylaw would give enforcement powers to local officials for businesses that do not file a business certificate in town. Currently, state law requires this, Hopewell said, but many businesses do not bother, since there is no penalty for failing to do so, unless the business fails to pay its taxes. Registering a business locally costs about $40 for four years, Hopewell said.

"Some refuse to do it and give no reason," she said. "This doesn't mean someone will go out with a pad and fine every business."

Other bylaws, which still required review by Public Works Superintendent John Westerling and selectmen on Sept. 4, would deal at road and sidewalk obstructions, and who can or cannot extinguish streetlights.

The streetlight bylaw on the books dates back to the days when gaslights were used, Hopewell said. Eliminating the bylaw would be done because the law is no longer relevant.

The forum, which drew few people, ended on a philosophical discussion about how well town meeting voters are educated about proposals before voting. Some officials showed frustration with what they said were written and televised attempts to get their messages out, only to have uncertainty or misinformation sink proposals at town meeting. Anecdotally, Gaumond noted that the hampering or slowing down of centralized government is assumed to be exactly what the country's founding fathers were trying to achieve when they set up American government, especially the New England town meeting.

The group that reviewed the bylaws was formed after selectmen told Gaumond the town's bylaws should be updated. For his part, Gaumond said he has avoided giving his opinion on any changes, since he said the town administrator should not tell the legislative body - town meeting - how to govern the town.