2009 Annual Report.pdf - Town of Milton

REPORT OF TOWN COUNSEL
To the Honorable Board of Selectmen: June 30, 2009
Intense legal issues were prevalent in 2009, most often in the areas of budgets,
the Cemetery, conservation, contracts, easements, employee benefits, legislation,
liquor licenses, litigation, open meeting, procurement, real estate,
schools, the School Building project, subdivision control, Town Meeting, zoning,
and frequent consultation with and advice to Town of Milton personnel.
Procurement documents or contracts were reviewed for emergency ambulance
services; for school energy conservation management services; for consultant
services associated with a renewable energy project; for a drain easement
involving the property at 20-24 and 36 Central Avenue; for lease of the former
Kidder Branch Library property; for lease of the Milton Yacht Club property;
for lease of the property at 169 Governor Stoughton Lane and the property at
208 Governor Stoughton Lane; for donation of a 1967 Fire Truck to the 911
Fund; for purchase and installation of solar panels at Milton High school and
purchase and installation of educational data displays in the Milton public
schools; for pupil transportation services; and for purchase and installation of
an exterior guard rail at the Pierce Middle School.
The Annual Town Meeting was held in May and Special Town Meetings
were held in February and October. Town Meeting reduced budget appropriations;
established a revolving fund for providing grave liners; accepted a statute
which authorizes the Town to establish a trust to be known as the Municipal Affordable
Housing Trust Fund, for creation and preservation of affordable housing
to benefit low and moderate income households; accepted a statute that
authorizes consolidation of Town and School administrative functions; amended
the Zoning Bylaws to provide that a special permit is not required where the
only nonconformity in a building is the dimensions or setback of the building,
where the prior use is a valid preexisting use, where the subsequent use is the
same or substantially similar to the prior use, and where the parking requirements
conform to the Milton Zoning Bylaws; amended the Zoning Bylaws to
clarify under what circumstances a retaining wall constitutes a building; and
amended the Zoning Bylaws to provide that affordable housing units required
for special permits granted for a Central Avenue Planned Unit Development or
a Brownfield Planned Unit Development do not have to qualify for inclusion on
the Massachusetts Subsidized Housing Inventory if such inclusion is not practicable.
A case involving a contract for a generator at the Central Fire Station was
resolved by installation of the generator for less than the contract price. One
(1) zoning case was dismissed with the result that the Board of Appeals deci-
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