Chairwoman Jane Allen pulled back on the Lowry property, describing the battle over the land as distracting from affordable housing goals.

WILLIAMSTOWN, Mass. — For the second time in five months, the Selectmen sidestepped the question of whether two town-owned parcels should remain under the custody of the Conservation Commission or be released for the purpose of developing affordable housing.

 

At Monday's meeting, the board voted 3-1 to withdraw its request to the Con Comm to release all or part of either the Lowry or Burbank properties so they could be studied as potential sites of subsidized housing.

 

In an eventful two-hour session, the board also moved unanimously to sign a memorandum of understanding with Morgan Management, the owner of the Spruces Mobile Home Park. Once Morgan signs the agreement, the ball will begin rolling toward a possible acquisition of the park by the town under terms a federal Hazard Mitigation Grant.

 

But the agreement with Morgan formalized a deal that has been discussed for months. The decision to withdraw the request to the Con Comm came as a surprise to many.

 

Just two meetings ago, the Selectmen voted 3-1 to ask the Con Comm to take up the issue of Lowry and Burbank at the request of the town's Affordable Housing Committee.

 

Two weeks ago, the Selectmen reaffirmed its request, rephrasing it at the request of the Conservation Commission.

On Monday, Chairwoman Jane Allen suggested that the panel withdraw its request in order to keep the controversy surrounding Lowry and Burbank from detracting from the town's efforts to develop housing to serve displaced residents of the Spruces.

 

The commission has already countered with its own questions to the Selectmen.

 

Allen specifically cited the possibility of a collaboration with the group of non-profits aiming to develop a parcel at the end of Southworth Street being donated by Williams College.

 

"We need to put all of our time and energy into having this come to a successful outcome," Allen said. "Right now, (the Lowry/Burbank request) is a distraction that is not going to get us where we need to be.

 

"Our commitment has to be to the residents of the Spruces."

 

Selectman Ronald Turbin, who voted against making the request to the Con Comm, enthusiastically joined with Allen in withdrawing it, along with Selectwoman Jane Patton. Selectman Thomas Sheldon voted against withdrawing the request. Selectman David Rempell has recused himself from discussions related to Lowry and Burbank because of his status as an abuttor to an abuttor of one of the properties.

 

Monday's vote to withdraw the request was reminiscent of the events leading up to last spring's special town meeting.

In late March, the board voted to place an item on the warrant asking that about 10 acres of the 30-acre Lowry lot be taken out of conservation for the purpose of building housing. A month later, it asked residents to essentially table the questions related to the Lowry and Burbank properties.

 

Not surprisingly, opponents of developing the conserved lands applauded Monday's vote.

 

"I just wanted to thank you for making a wise decision," said Tela Zasloff, who started a website to promote the idea of preserving open space in the town. "I can feel the atmosphere out there already getting warmer. I think you have the whole town behind you."

 

Bilal Ansari of Higher Ground called for resolution on the two properties — one way or the other.

Advocates for affordable housing questioned why the board was choosing to take the question off the table rather than asking the Conservation Commission to make some determination about properties that for decades have been discussed off and on as potential sites for housing.

 

"I can understand the political implications of this," said Charles Bonenti, a member of the Affordable Housing Committee. "Maybe taking some of the pressure off will help.

 

"But taking the request off the table will still leave us in a lot of fuzziness about these properties. There is a need beyond the Spruces residents. if there was some way to encourage the Con Comm to get clarity on this issue ... so we don't keep coming up against this over and over again, it will serve us all well. There's going to be another project coming down the road — in 10 or 15 years."

 

Another member of the AHC, Bilal Ansari, noted the committee asked the Con Comm for a discussion about the procedure for taking portions of Lowry or Burbank out of conservation last fall and the commission only took the matter up when it had a formal request.

 

"We were hoping the leadership of the town would follow up on this and say, 'Let's explore this,' " he said.

 

Ansari said he understood that the request had sparked controversy, but he maintains he has friends on both sides of the issue, and whichever way the question came out, resolution would be helpful.

 

"They're fighting for what they believe is right, we're fighting for what we believe is right," Ansari said. "We're just hoping at the end of the day the public is well informed and makes its vote.

 

"This is what America is all about. ... Let us know the answers."

 

Even Patton wondered aloud whether the Selectmen was ducking the issue.

 

"I agree we should (withdraw the request) in the interest of time," Patton said. "I do however feel like at some point we need to resolve the issues around those properties so that this doesn't keep happening. ... I don't like the notion that if enough people are disruptive enough they can stop something from happening.

 

"We want to make sure we're not just doing it because it's the path of least resistance."

 

Allen, who clearly was reluctant to make the request to the commission at the board's July 8 meeting, said she struggled with the decision to withdraw it. But she felt withdrawal was the best way to keep the hotly contested issue from derailing the town's efforts to address the affordable housing question.

 

"You know, at the beginning of the process, I felt (Lowry or Burbank) might be part of the solution, but it's become clear to me it's not part of our solution to do this at this time. I was hopeful when the (November) announcement (of the FEMA grant) was made that all the committees would come together and find a solution.

 

"But I feel we need to be realistic."

 

Shortly after reversing course on the Lowry and Burbank properties, the Selectmen moved forward with plans to acquire the Spruces property from Pittsford, N.Y.,-based Morgan Management.

 

Once Morgan signs on, it will issue a notice of intent to sell to the residents of the flood-prone park. They will then have 45 days to either exercise their right of first refusal to buy the park or assign that right to a third party. if the 45-day period expires, the ball will be back in the town's court, and it would require a vote of a special town meeting (possibly in October) to acquire the 114.4-acre parcel.

 

Town Manager Peter Fohlin reiterated Monday that the town has no desire to get in the way of a purchase by either a residents cooperative or a third party designated by the residents.

 

"I have encouraged such people to step forward for months now," Fohlin said. "I have been on the phone with Michael Deep and encouraged him to buy the park. I have met with David Carver in my office and encouraged him to buy the park.

"This is another good opportunity for collaboration in town, but the time to do that is now."

 

Fohlin also reiterated that if a third party does not come forward and if town meeting votes not to acquire the land, the most likely outcome is that Morgan Management will close the park — without any FEMA grant money to help ease the relocation of residents.

 

Town Manager Peter Fohlin said if the town or another buyer doesn't take the Spruces, the owners will close it.

"The whole premise of this endeavor is Morgan Management will not continue to operate the park," Fohlin said. "They have made that clear since three days after Irene."

 

In other business, board voted 4-0 (Rempell abstaining) to continue a conversation with Higher Ground and its partners to potentially use some of the FEMA grant money to help develop the Williams College property. Allen reported that she and Fohlin met last week with representatives of the partnership, and she asked the Affordable Housing Committee, Affordable Housing Trust and her own Spruces Roof Group to similarly endorse a town collaboration with the private non-profits.

 

Allen said she hoped the town could present a united front when state Undersecretary for Housing and Community Development Aaron Gornstein visits Williamstown later this month.

 

"Although there are people who are resistant about putting all our eggs in one basket, if we put our all eggs in one basket, we might get something accomplished," Allen said, moments before she suggested withdrawing the request to the Con Comm.

 

In non-affordable housing action Monday, Fohlin told the board that a July 29 alcohol compliance check yielded a perfect 21-for-21 rate of passage among the businesses tested.