On Monday, Charlestown will receive the response from Town Solicitor Robert Craven to the legal question, “Is it legal to have an elected Planning Commission in Charlestown?”

This is an enormously important function in town. Its importance, in my personal opinion, ranks almost as high as the Town Council itself.

Bill Meyer asked, “Why is it elected?” at a meeting, and suddenly Margaret Hogan is researching its 10-year history. For what? She apparently determined that a “voting” process is illegal and should be changed. State law does permit a public vote. It states that either process is permissible as defined.

Why is she (specifically) doing such research when she is currently suing the Citizens of Charlestown on another development issue? There is a direct conflict of interest in this matter, and should be followed up with legal action by the town.

This memo is being written to put this information out to the public so that you, the voters, realize that the “election process” being followed for 27 years is the better answer. I also believe that the voting public expects to retain the vote as one of its rights. There is enough turmoil already. November is coming.

First, I am told, that prior to 1980 the planning function was done by the Town Council. Those were simpler days, but building developments and zoning changes were coming. The state mandated changes in the town’s oversight to make the coming surge of expansion more organized and consistent. Expertise was required at the town level.

In 1970s, the Town Council initiated the task of drawing up the first Town Charter under guidelines from the legislature. The planning function was to be done by a separate entity. The members of this commission could be elected or appointed by the council, and towns had their choice. It had to be in writing in the charter and approved by the legislature.

With the state approval in hand, a vote in town was taken Sept. 12, 1978, and approved. The count was 216 for and 186 against. The implementation of the charter was approved by the council on Nov. 4, 1980.

Why was it approved for an elected membership? The Town Council has five elected members who make the appointments when necessary. However, the council term is only two years. That means that a new council could turn over from one to five members of the Planning Commission every other year. That rapid change is impossible to tolerate with a planning cycle required for building.

For example, planning is close to two years for a single home and more for a 20-home development. We must have experienced members in the planning area who may stay for years in order to provide the town with knowledgeable people protecting the public, the environment and zoning from aggressive, unsuitable proposals. The rapid turnover of the Town Council could very quickly decimate planning, with appointments needing the approval of only three of the five councilors. We know how that works. They knew that in 1980!

Hence, it was for this overriding factor that the original charter had it right — have no appointments for planning from two-year council members with potentially short-sighted plans that could bring long-range environmental consequences. It was done correctly, for the right reason, the first time, and must be maintained to preserve the ambiance, the values and enjoyment of our town.

Tom DePatie