Bike path articles cause controversy
Published on October 28th, 1998
STONEHAM, MA - Though it appeared relatively uncomplicated listed in black and white on the warrant, article two brought out some interesting and unexpected discussion at Monday night's Town Meeting.
Article two sought and obtained voter authorization on an extension of the term and name change for what has been known, for the past three years, as the Railroad Land Use Committee.
Cameron Bain, Chairman of the committee, proposed another three year term for the committee which now requests to be called the Stoneham Tri-Community Bike/Greenway Committee.
According to the Finance Board, "A favorable vote...will allow the committee to continue its quest toward creating a recreation area for bikes and pedestrian use on what formerly was used by the MBTA for the railway."
Appointment of committee members, as listed in the committee's charter, is made by the Town Moderator.
An amendment to this requirement was brought forth by Selectmen Chairman Albert Conti who requested that voters approve an amendment which would change the appointment body from the Moderator to the Board of Selectmen.
According to Conti, the selectmen would like to appoint members to the committee "for the simple reason that we approve or reject what the committee brings to us." The board therefore would like input into the qualifications of the committee members, he said.
In an unprecedented move, Town Moderator Michael Rotondi stepped down from the podium to speak to the issue, handing over his gavel, temporarily to Veterans Day Committee Chairman Paul McDonald.
Rotondi acknowledged that while the Board of Selectmen has the right to make amendments, he stated that it was "inappropriate for the Selectmen to have done it without notifying me."
"This is not a personal issue. I take it as a procedural issue," he stated.
Conti offered the board's apologies to Rotondi but stated that the amendment was discussed in the board's meeting just before Town Meeting began.
"This is not a reflection of the Moderator," stated Conti. "This committee is formed to make recommendations to the Board of Selectmen," he stated and re-emphasized that the board would like to have the opportunity for input.
Bain entered into the discussion stating that he too was unaware of the amendment.
"This particular committee has worked so hard and has been so successful," he stated. This success, he asserted, has been through the dedication of committee members appointed by the Moderator.
Voters rejected the amendment, keeping the responsibilities of appointments with the Moderator. The main motion on article two passed.
A related issue, Article three, called for the removal of a portion of the Railroad Right-of-Way from the commercial district to the Recreation and Open Space District. This land, designated as from Maple Street to the Woburn City line, would otherwise cause an interruption in the Tri-Community Bike Path and would therefore jeopardize Stoneham's involvement.
Town Meeting voted in favor of indefinite postponement of this article on the recommendation of the Planning Board.
According to Planning Board member Frank Federico, concerns raised by commercial abutters to the land in question, as well as by the MBTA, regarding legal rights, warrant further investigation and therefore additional time to work the issues out.
Bain stated that while six months to the next Town Meeting would be approaching his committee's deadlines, he did not anticipate project funding to be jeopardized.
"The Planning Board conducted a very fair hearing. Unfortunately, some information came in that caused confusion...from the real estate developer from the MBTA," he explained.
Selectman Patrick Jordan advised that timing would not be a problem since the town of Winchester (one of the three communities making up the tri-community, along with Stoneham and Woburn) has not yet approved anything. The earliest, therefore, that it can take up the issue is next spring.
Local business owner and resident Joseph Cunningham advised the board that business owners who have leased portions of the Railroad Right-of-Way, such as himself, have been criticized for that use by others, including the Railroad Land Use Committee.
Despite having the offer of use extended to them (the businesses owners), and who would then be held responsible for improvements, Cunningham stated that they have been charged with not cooperating with the plans for development of the area.
"We have been tarnished by fictitious accusations...I have had 23 fictitious complaints filed against me by the Chairman of the Bike Path Committee...I've been slandered," he charged.
"I want to expose the truth, I just want the people to know what's been going on," Cunningham added.
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