Two controversial issues passed fall Town Meeting last night as the zoning bylaw rewrite got a second life in front of precinct representatives and funding was endorsed for a new library.
In a standing vote, 105 out of 115 Town Meeting members voted to void the so-called "any lawful use" clause from zoning bylaws. A total of 81 votes were needed to excise the clause.
Some town officials believe deleting the clause will effectively close the door on the local permitting process on Competitive Power Ventures' effort to build a power plant on Industrial Road in South Walpole.
The clause has been under heavy scrutiny from the town for more than seven months but survived getting cut in a close vote at special Town Meeting in March.
A few Town Meeting members asked what had changed since then.
The Zoning Rewrite Committee had planned to rework the entire zoning use table - the section where the clause appears - but members were unable to complete it in time for the meeting, said Planning Board Vice Chairman Nancy Mackenzie.
Other members were more inclined to vote for deletion this time around because more thought had been given on the matter and the possible consequences of closing the door on some businesses rather than others. Meeting members at March's gathering accused town officials of "knee jerk reactions" for wanting to void the clause in last time.
"It's important to be black and white," said Town Administrator Michael Boynton. Gray areas, he explained, could result in a judge deciding what businesses could go into Walpole rather than town boards making that call.
Most town officials were in favor of getting rid of the ambiguous phrase.
"You're getting a second chance to make a first impression," said selectmen Vice Chairman and Town Meeting member Cliff Snuffer, adding he didn't want to roll out a welcoming mat for noxious businesses.
Deleting the clause, he said, would serve to unite a divided north, south, east and west Walpole.
"It is time to unite," he said. "It's right to unite."
Over the years Walpole has been forced to fight off noxious industries because of the clause, said Town Meeting member Ann Marie Kannally.
"This language has continued to put this community in jeopardy," she said.
Town Meeting also decided, by a voice vote, to put aside $7 million for a new library.
The decision opens the door for an Election Day question in which all Walpole voters will decide whether they want to spend that money on the library proposal. If the library project were to get voted down on Nov. 4, according to library director Jerry Romelczyk, the town would have a year to work something out before the state will take back its $4 million grant offer.
Some members were concerned with borrowing so much money with the economy in decline.
"I fell like I'm talking against mother and apple pie," said member Patrick Grant, explaining Walpole doesn't have the tax base. "We can't afford this burden."
Romelczyk assured Town Meeting members that the state would come through with the promised money, despite recent cuts by the governor and poor fiscal climate.
The average homeowner would pay $79.04 the first year of taxes, or 22 cents a day, according to Romelczyk. That figure, he reported would decline about $2 a year for 20 years.
Town Meeting member Joe Denneen urged his colleagues to put their opinion aside and let the voters of Walpole decide on the future of the library in Walpole.
Most agreed there was a need.
Kannally said she visited the library recently and found it packed. People were sitting on the floor because there were no chairs or tables available.
"It was just breathtaking how many people were immersing themselves in books," she said, adding that it was, at the same time, sad that there was not enough room.
The building, she said, recalling the times tarps needed to be placed on shelves to protect books from rain leaks, is also in disrepair.
The project has been discussed and worked on in some form for 10 to 20 years, said Boynton calling it a "labor of love."
