Mtg notes: Selectmen 02.16.12 – Shelter at Stoughton challenges, Reps Timilty & Forry stop by

by Frank Schroth

Update: Note, a previous version of this post failed to display. The error has been corrected.

Marion McEttrick sat in for a portion of the last meeting of the Board of Selectmen. Together with Selectman Sweeney they apprised those in attendance of a recent meeting the two of them had with the Attorney General’s office regarding the Stoughton land. They wanted to inform AG’s office of the status of discussions regarding the property and sought some guidance.

The Selectmen have signed a P&S with Pulte homes to sell 30 acres of the 34 acre Stoughton property left in a trust to benefit the poor of Milton. Pulte intends to build 23 homes and have agreed to pay $5 million for the parcel. Four acres will remain in the trust. That parcel includes the current structures and the animal shelter.

In December the Copeland Foundation awarded a grant to the Milton Animal League to construct a new shelter on the property in the same location. Selectman Sweeney sought to make this a part of the complaint (ie papers filed for approval with AG) to the Attorney General’s Office. The Attorney General needs to review any action taken on the property.  Shields and Hurley wanted to restrict the complaint  to the sale to Pulte so as not to confuse the issue. At the meeting the Attorney General’s office agreed with this and also said they did not require a master plan for the entire parcel in order to move ahead with approval of the Pulte P&S.

Regarding the construction of a new Animal Shelter, there are a couple of wrinkles. First, the remaining four acres are still in the trust and any disposition of that land needs to be consistent with intent of the will to benefit the poor. The AG’s office stated that the construction of the shelter was acceptable assuming the land was sold at a fair market value to the shelter. This would increase the cost to the shelter. Also, as Selectman Hurley pointed out, the property, if sold, would likely need to go to an open bid process similar to that used for the Pulte bid. Leasing the land might also be an option. During their conversation the AG’s office also asked questions about the nature of the Animal Shelter’s business. According to McEttrick, they were sensitive to and sympathetic with the situation but stated that any action had “to have a benefit to the trust and benefit to the poor.”

Lastly, there is a provision in the P&S that would allow Pulte to take some portion of the 4 acre parcel as needed if they cannot build at least 23 units on the 23 acre parcel. One question is what would happen if an  agreement were entered into and then Pulte made a claim for additional land due to an inability to build 23 units on agreed upon parcel.

Town officials were encouraged that given this matter will be taken up by the Norfolk County courts it should move fairly quickly.

In other business Representatives Timilty and Dorcena Forry stopped by to speak with the Board.

Rep. Timilty spoke at length regarding the hardships terminating the trolley service (among other lines) would have on residents and said the two options were “unacceptable.”  He expressed confidence that “. . . we are going to get more options.”

Ms. Forry spoke of the developments in the Central Avenue business district. She applauded the opening of the pedestrian bridge over the Neponset just inside the Neponset Greenway off of Central Avenue. She and Selectmen also agreed on need to continue to pursue funding for the Greenway to connect in from Central Avenue to Mattapan Square.

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