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MBTA zoning, opening of railroad bed get voter OK on third night of debate

By Carol Britton Meyer

The third session of the marathon 2024 town meeting wrapped up at 11:30 p.m. Wednesday night, for a total of 12 hours in all.

Because Town Moderator George Boylen was unable to carry out his duties on the last night due to unforeseen circumstances, attorney James Canavan, a former member of the school committee and advisory board, offered to serve as temporary moderator, which voters approved unanimously.

SUBSTITUTE MOTION: WITH MODERATOR GEORGE BOYLEN UNAVAILABLE FOR THE THIRD NIGHT OF TOWN MEETING, FORMER SCHOOL COMMITTEE AND ADVISORY BOARD MEMBER JIM CANAVAN STEPPED INTO THE ROLE AND ABLY MANAGED VOTERS’ SPIRITED DEBATE.

“When I woke up this morning, I didn’t expect to be doing this, but I thank you and will do my best,” he said.

The entire meeting was an example of democracy in action, with many engaged citizens speaking for and against various articles, some standing several times to express their views on various issues before the voters.

During night three following a lengthy discussion, voters supported the MBTA Communities warrant article crafted to meet the requirements of the new state legislation requiring as-of-right zoning for multi-family housing near public transportation. The affirmative vote followed a “no” vote on a substitute motion to refer the issue to study. (Click here for related story.)

Funding approved to retrofit Memorial School

Voters also supported spending up to $3.6 million to retrofit a floor of the Memorial School as municipal office space due to the deteriorating condition of the current town hall and to possibly move the senior center to that location. (See related story.)

Also approved was a opioid special revenue fund using proceeds from part of a settlement to resolve opioid litigation brought by states against large pharmaceutical manufacturers and distributors to be used for substance misuse prevention, harm reduction, treatment, and recovery support and establishing a committee to consider the best use of these funds.

Town Manager Jennifer Constable informed voters that such an effort is already underway.

Articles 35 and 36 were related, with voters approving both. Article 36 – which was addressed first by lottery – asked the select board to stipulate that the old railroad bed right-of-way from L to XYZ streets, which is unobstructed from December through April, continue to be unobstructed throughout the year and that the town-owned barrier at the corner of L Street and the right-of-way be removed and replaced by a lockable gate or chain that can be accessed by police and fire for emergency use (as recommended in the 1991 Railroad Bed Report). A “no action” substitute motion failed.

Advisory Board Chair Jason Frady explained the board’s unfavorable action recommendation on this article based on the premise that the authority to take such action rests with the select board. “This is really a referendum for voters to express their opinions,” he said.

Click here to read the 1992 Railroad Bed Study Committee Report

Town Counsel James Lampke made a motion to reconsider the affirmative 146 to 57 vote on Article 35 to allow him to present a substitute motion, which failed to pass.

The purpose of this article to amend the current bylaw by prohibiting the deposit by anyone – including a town official or agent unless strictly necessary to ensure public safety and other considerations – on public or town-controlled property of manure, gravel, ashes, lumber, wood (including telephone poles) buildings, carriages, stones, barrels, rubbish, or other materials was an attempt to resolve a longstanding issue with respect to the proper use of all town-owned public access ways, including the old railroad right-of-way parallel to Nantasket Avenue between L and XYZ streets.

Working collaboratively to find solution

Issues include vehicular access and parking concerns. The majority of the advisory board supported encouraging affected residents and the town to work collaboratively to find a solution, but in the meantime recommended favorable action on the article on the basis of public safety so these issues can be addressed.

Advisory board member David Clinton took a minority position, feeling strongly that the article should have been referred to study. He suggested a series of community forums as the best course of action for determining the best use of the area and to develop a plan “that recognizes the safety, parking, and quality of life concerns of all citizens.”

Lampke’s motion to reconsider the initial affirmative vote was based on concerns about the wording of the article “and how it will play out if it gets enacted.”

He noted that the current bylaw allows a town agent to place materials on public or town-controlled property as needed for public safety or other reasons, not just under the circumstances outlined in the proposed amended bylaw.

Constable explained that discussions about this issue have already begun.

“We walked the area, and there are authorized and unauthorized encroachments on the railroad bed,” she said. “This is a very complex area. We want everybody to know that this matter is being addressed. We’re waiting for [additional] information before making a decision.”

Voters also approved the creation and funding of a capital stabilization fund for capital planning, as called for and budgeted by Constable in her Fiscal 2025 budget.

The fund will also support the work of the town meeting-approved new capital improvement planning committee and is specifically designated for future planning. For that reason, it is separate and apart from the town stabilization fund also approved by voters during this town meeting.

In addition, voters approved appropriating up to $500,000 to continue pursuing litigation related to contractor failure involving the Crescent Beach seawall and revetment project and for costs associated with construction, engineering, design, and legal expenses, among others.

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