Town cleared of any wrongdoing on bike path land
Published on March 15th, 2000
STONEHAM, MA - The Attorney General's Office says the town didn't break the law.
After walking the land and researching the legal history, a state attorney concluded that town officials violated no laws when in the fall of 1999 they approved the paving of a portion of land off Gould Street which had been dedicated under Article 49 of the State Constitution to the Tri-Community Bike Path in 1992.
James R. Milkey, Assistant Attorney General and Chief of the Environmental Protection Division, said, "We see no role for the Office of the Attorney General to be playing in this matter."
Questions had been asked recently about whether the paving to allow for parking constituted a change in use of Article 49 land dedicated to recreational use, which is forbidden without specific authorization by a two-thirds roll-call vote in both branches of the state legislature.
Milkey gave four reasons why the paving was not such a change:
"First, it appears that the land has been used for parking for some time, even if not to the current extent.
Second, while asphalting Article 49 land would typically constitute a change in use that per se triggered the need for legislative authorization, we note that in the particular context of this controversy, asphalting appears consistent with the currently intended Article 49 purpose.
Third, while the plans to develop the bike path are being developed, town officials have indicated that they will take measures to allow for increased use of the parking area by members of the general public, e.g., to use the adjacent recreational park (Pomeworth).
Fourth, it is apparent that town officials and the abutting owners understand that there is a general parking problem in the area that will need to be resolved through means other than long-term use of the right-of-way for parking."
The businesses which paid for the paving - Cunningham Construction, Lake Industries and Stoneham Towing - claim no legal rights to the property. Cunningham Construction Owner Joe Cunningham has even offered to help out with bike path construction. His office has received letters from neighbors complimenting the paving work.
"We have improved the area," Cunningham said.
Both Town Administrator Jeff Nutting and Town Counsel Bill Solomon agree.
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