i was emailed a copy of the westfield deed from a friend bruce maybe lying according to the copy i have..
WC: Can you explain how town counsel said it is perfectly legal to put this kind of facility at that location despite the fact the land is deeded for recreational use only? Or is this a misunderstanding of the deed?

BS: The deed recorded actually only references municipal use. It is not specific to its use. The BOS (Board of Selectmen) at that time (1977) voted to add specific restrictions to it, and that has led to the confusion. In just the same manner that this BOS is required to go to Town Meeting for an adoption of use, that board should have done the same.
The only relevant legal document in operation therefore is the recorded deed. This issue is further complicated because a separate 15-acre parcel also associated with the Westfield parcel was set aside for the school department. Again, it was never properly restricted by both deed and town vote, but there is a memorandum of understanding between the BOS and the School Committee, which also would need to be perfected by Town Meeting.

in the deed it clearly states uses..in the deed it states it went before the town special meeting 6/30/77..

if anyone would like a copy of the DEED send me and email and i will pass it on to you..

madmax01972@aim.com

Last edited by LIZdaGNOME (2009-09-11 11:46:20)