01:00 AM EST on Tuesday, December 11, 2007

By Maria Armental

Journal Staff Writer

CHARLESTOWN — With state law on the matter apparently open to interpretation, the Town Council was to decide last night on whether to go to court to determine if members of the Planning Commission, now elected, should instead be appointed.

Residents packed the council chamber, discussing among themselves the much-anticipated vote, copies of the pertinent laws in hand.

But after nearly two hours of at times fervent discussion, the council voted to ask Town Solicitor Robert E. Craven to review the matter, specifically whether the town’s elected and appointed positions — including the Planning Commission, the town clerk, tax assessor and tax collector — conform with state law. He was also asked to determine the possible legal impact of any discrepancies.

Two other motions died on a tie vote:

• The first — by Councilwoman Harriet A. Allen and seconded by Council President John O. Craig Jr. — proposed that the matter be sent back to the Charter Review Commission for further discussion.

Allen and Craig voted in favor. Council Vice President James M. Mageau and Councilman Bruce W. Picard voted against.

Councilwoman Katharine H. Waterman was absent due to health reasons.

• The second motion — made by Mageau and seconded by Picard — proposed to authorize Craven to request a legal opinion from the Superior Court on whether the town’s Planning Commission should be appointed or elected.

This time, Mageau and Picard voted in favor and Allen and Craig against.

Also last night, the council voted not to award a contract to conduct a feasibility and preliminary plan study on the Mud Cove project, asking instead that committee working on the project review the proposal and incorporate the town’s golf driving range.

The committee had recommended that the proposed park include walking trails — with at least one being accessible to people in wheelchairs — and viewing platforms, a pavilion, and a parking lot at the corner of Route 1 and Wildflower Road.

That proposal came to an abrupt halt last September when the council objected to the committee’s recommended consulting team.

The work would be financed with two state grants totaling $210,000. The town is trying to renew the grants, which currently require all work be completed by May 2008.

In other business, the council approved the temporary installation — subject to council review in a year — of stop signs at three intersections of East Beach and West Beach roads. The signs, requested by area residents, would be installed at the intersections of East Beach Road and Moulton Place and Overlook Avenue, and on West Beach Road at the intersection with Sunset Drive and Sea Breeze Avenue. A crosswalk would also be installed on the intersection of East Beach and Burdick roads.

The council postponed appointing one of its members to the Chariho Act Revision Subcommittee and approved motions to request the state to conduct an audit of the Chariho Regional School facilities and setting up a three- to seven-member committee to review and update the previous Charlestown school withdrawal plans.

“I think this Chariho Act Revision Subcommittee is starting to be absurd,” Mageau said, renewing discussion of a two-town district with Richmond.

“The Achilles’ heel over here has been the Town of Hopkinton,” Mageau said. “I’m not convinced that Hopkinton is going to be a willing part in this anymore.”

Deborah Carney, a former council member who was involved in the previous withdrawal effort, said the town could unilaterally decide to withdraw if it didn’t seek any assets from the district. Otherwise, the application would be subject to approval from voters from the other two towns.

marmenta@projo.com