Town wants state opinion on bike path land
Published on March 1st, 2000
STONEHAM, MA - Did the town break the law? Town officials are meeting with state lawyers to find out.
Acting as Chairman of the Stoneham Tri-Community Bikeway Committee, Cameron Bain sent a letter to the Attorney General's office two weeks ago questioning the town's willingness to allow contractors affiliated with builder Joe Cunningham to pave a section of land set aside for the bike path.
James Milkey of the Environmental Protection Division of the Attorney General's Office wrote a letter to the town asking for answers.
The land - approximately 50 by 300 feet - was paved in the fall of 1999 and now serves as municipal parking off Gould Street. The employees of the day care center on Pleasant Street, located in the old box factory renovated by Cunningham, also use the parking lot. Town Administrator Jeff Nutting gave the go-ahead to pave and selectmen Ok'd the work after the fact.
The legal issue is whether an October 1992 Town Meeting vote to dedicate the land to recreational use mandated another Town Meeting vote to alter the land in any way other than for specific, recreational purposes. Bain says Amendment 97 to Section 49 of the Constitution of the Commonwealth of Massachusetts says "yes."
Town Counsel Bill Solomon would not comment. Town Administrator Jeff Nutting would not comment.
Cunningham has stated publicly that he claims no rights to the land, which he feels he improved, but Bain questions the town's authority to grant anyone permission to alter the property.
A meeting is scheduled between town officials and representatives from Milkey's department.
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