Selectmen authorize land takings
Published on December 17th, 1997
STONEHAM, MA - Planning for the town common and parking project is well underway, but the reality has just recently hit home for some local property owners who are beginning to realize the effects of the $4.6 million project.
As the town forges ahead with its plans for the long awaited municipal parking lot adjacent to the fire station, the work of acquiring certain area properties has begun.
The Board of Selectmen voted, on Tuesday night, to authorize the purchase of the property at 2-4 Fuller Street for the project. According to Town Administrator Jeffrey Nutting, the property owner of the two-family structure and the town have agreed on a purchase price of $162,000.
The Board then voted approval on the taking, by eminent domain, of two other properties, whose land is also needed for the parking project.
The property owner of 16 Franklin Street has yet to meet with the town to discuss the purchase of the land, despite numerous attempts by the town.
Nutting stated that four phone calls and three correspondences have been sent to the property owner "to no avail."
The Board voted approval on the authorization of the taking of the property and separately voted approval of the pro tanto payment of $334,000.
The second request for taking is the property at 3 Block Street. Nutting advised that meetings with the property owner's attorney regarding a purchase price have yielded "no progress whatsoever."
The recommendation to the Board was for a $170,000 pro tanto payment for this piece of property. This price was well under the $328,000 asking price by the property owner.
By accepting the pro tanto payments the property owners do not waive their right to seek further redress by the courts to determine if the payment for the property has been fair and equitable. The town will, however, take ownership of the property in 30 days, following payment.
Netting stated that the town uses two separate appraisals done on each property to determine a payment figure. The higher of two is accepted as the acquisition price.
In the eminent domain takings, residents will be given a minimum of four months to vacate the properties. Netting stated, however, that the town will try to accommodate residents as best that it can in this situation.
"The real issue is the clock is ticking," explained Netting. The town's plan is to begin construction of the parking area in the spring, so that Phase II of the plan, construction of the town common, can begin by fall.
The Board voted approval on both the takings and the pro taint payments with all in favor with the exception of Selectman Patrick Jordan who abstained from the voting.
The town common and parking project was approved at Town Meeting in January.
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