By Nate Leskovic
Times Staff
3/6/08
The new animal shelter will likely be built at the DPW yard as a result of a letter from the state Attorney General’s office explaining its opposition to it remaining on the town farm, which was left to the community with certain stipulations many years ago.
Despite the letter, it is likely that controversy over the shelter’s location will continue not because people are opposed to it but because of other land-use concerns raised by neighbors as a result of the shelter’s relocation.
Town Administrator Kevin Mearn says he will report favorably to Selectmen that the shelter be located at the DPW yard on Randolph Avenue, after listening to residents at three public meetings that concluded last week.
The letter from David Spackman of the Attorney General’s office acknowledges that at a Nov. 15 meeting Assistant AG Johanna Soris advised town officials that her office could not support use of a portion of the land without a plan for the entire property. Selectmen Chair Marion McEttrick and Town Counsel John Flynn attended the meeting.
The letter further states that an animal shelter would be inconsistent with the terms of the trust for the land and would limit other options for its use.
Gov. William Stoughton’s will requires the property be used to benefit “the poor” of Milton. Selectmen are the trustees of the property, and any use of the land must receive the blessing of the AG and approval in court.
The Milton Animal League’s new shelter will cost about $2.5 million. The current building, located on the farm, is deteriorating.
While there is little concern about building a new shelter, some residents question the proposed location.
Neighbors near the DPW yard fear development on Randolph Avenue due to the amount of property owned by a corporation in the area that unsuccessfully proposed a shopping center for the DPW yard almost three years ago.
Neighbors near the town farm and others are concerned that moving the animal shelter from there would clear the way for development of the more than 30-acre farm. A committee organized by Selectmen to study possibilities for the Gov. Stoughton trust land recently began meeting.
Bob Sweeney, Indian Cliffs Neighborhood Association president and cochair of the Gov. Stoughton Committee, criticized the letter from the AG as a “weak legal statement” that did not cite any laws.
Other residents have asked why the shelter must be moved now after being on the property for 30 years; if the Gov. Stoughton trust could donate a portion of the land to the town; or if the town could take a portion of the property by eminent domain.
Some residents say the town is set on the DPW site, regardless of comments at public meetings.
“(The meetings) weren’t held to see how the abutters feel about this,” says resident Richard Shea. “They were to tell us what is happening. This was a done deal.”
The possibility of using town-owned land off the old landfill access road was shot down after Police Chief Richard Wells wrote a letter to Mearn opposing the location. Wells says he is concerned about the isolation of the area, the lack of traffic, and its popularity as a hangout for underage drinking.
At the Feb. 27 meeting, Mearn announced the possibility of using land off Randolph Avenue owned by the Animal Rescue League (ARL) for the shelter.
However, Mearn says there has yet to be discussions with the ARL. The group recently proposed selling the property to the A. Thomas Nursery on Randolph Avenue, according to Mearn. The ARL land is located behind the nursery.
Residents at the meeting were favorable to the idea, though Mearn emphasized there was no proposal on the table.
The proposed 8,100 square-foot shelter, which will be paid for by donations, is about three times larger than the current building. It will hold the same amount of animals as the current building, is designed to suppress barking noise, and will have a ventilation system that eliminates the need to open windows.