Special Town Meeting : Selectmen have option to buy bike path land
Published on May 16th, 2001
STONEHAM , MA - At the May 10 Special Town Meeting, citizens voted to do everything possible to bring a bike path to Stoneham.
Townspeople approved an amended Article 1, granting Selectmen authority to acquire a 45,050 square foot parcel of land needed for the bike path by buying, renting or getting an easement to use the land.
Selectmen’s main motion for Article 1 asked Town Meeting to approve acquiring use of the land only by means of an easement.
Tri-Community Bike Path/ Greenway Committee Chair Cameron Bain said that the Mass Bay Transit Authority (MBTA) might not grant Stoneham an easement over the 45,050 square feet needed for the path.
The MBTA is selling off out-of-service railroad bed property as part of a federal program to improve local communities. The policy of the realtor handling the MBTA land, Transit Realty Associates, has been to sell the land to communities for a nominal fee, usually $1, and thus transfer any liability to the new owners.
Selectmen are worried about liability for contamination traditionally found on such property. An easement means Stoneham could use the land but wouldn’t own it; the MBTA would be on the hook for any pollution in the soil. Remediation of former railroad land behind the new Central School site ran over $1 million.
“There’s nothing in writing that says the MBTA won’t grant us an easement,” said Selectmen Chairman Tony Kennedy.
But Bain said that the bulk of the contamination behind the school site was probably from the Mann Chemical company. He said that any limited remediation needed of the bike path could be paid for by federal funds promised to the project.
“There’s absolutely no proof we’ll get federal funds for clean-up,” Kennedy warned.
Citizen Dan Towse of Congress Street agreed with Bain’s amendment.
“The problem here is that we’re discussing an option,” Towse said. “It (owning the land) may not be what we end up with but let’s give Selectmen the authority.”
All Selectmen present — Kennedy, Mary Pecoraro, Darin Leahy and Cosmo Ciccarello — spoke against the amendment.
In an odd move, perhaps displaying the will of the people, Town Meeting voted against the advice of Selectmen to give those same Selectmen the option to buy the land.
Article 2 asked citizens to approve the use of retired police officers to work paid traffic details as “special officers.”
Town Meeting passed the article unanimously.
These officers will be younger than the mandatory retirement age, and they will be subject to physical exams and all the requirements of regular officers. The special officers will also receive the same pay for their detail work as regular officers.
Police Chief Eugene Passaro said that special officers will be used only if the regular officers do not volunteer for the details.
Articles 3, 4 and 5 asked citizens to institute a building reinspection fee of $35 and increase reinspection fees for electrical and plumbing inspections from $20 to $35.
Acting Town Administrator Ron Florino decided that Stoneham fees were OK for now. Selectmen asked Town Meeting to indefinitely postpone the articles, and the voters complied.
Article 6 asked citizens to approve a change in the Town Code granting the Building Department and Stoneham Police authority to ticket Code violators for various public safety infractions.
Town Meeting passed the article.
Previously, the Building Inspector had to file a criminal complaint in District Court or go to Superior Court to argue fines issued for minor violations, such as bushes obstructing the view of traffic or a pool without a proper fence. These fines are in the neighborhood of $300 a day.
“Where will the money go?” asked Dennis Bain of Stevens Street.
“The General Fund,” Florino responded, meaning that the Town can use discretion; the money does not feed back to the Building Department.
The meeting took a little less than an hour, ending around 8:30 p.m. Attendance at Town Hall peaked at 161. Continuation of the Annual Meeting followed.
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