Gardner council approves 20 easements for Safe Routes to School, designates outside counsel for 153 Elm Street

The Gardner City Council on March 17 approved an order authorizing up to 20 temporary or permanent easements by eminent domain for the Safe Routes to School project and separately authorized hiring outside counsel to handle a potential conflict tied to the property at 153 Elm Street.

Councilors said the takings are for sidewalk improvements on Elm Street between Cherry Street and Mary Jane Temple Street and related parcels. "This item is for the 20 easements," Councilor Mack said as she introduced the order, noting the addresses were listed in the council packet. The finance committee had been unanimously in favor, Mack said.

The council recorded a roll-call vote on the takings order. Councilor Brooks recused himself because he owns one of the properties being considered; the assistant clerk recorded nine affirmative votes and one recusal. The council president declared the motion passed.

Separately, the council authorized designating attorney Christine Tree as a special municipal employee so she may represent the city on matters involving 153 Elm Street. Councilor Hegland moved the order; Councilor Mack seconded. Tree told the council she has provided municipal and real estate services to nearby communities and said, "I've been in practice for 30 years. I have provided services to the city of Fitchburg and served as assistant solicitor at one point in time. My practice does include real estate and in particular zoning." She said she understood the possibility the property could return to the council later if ownership changed.

Councilors cited a potential conflict for the city solicitor on that specific parcel and said the designation was needed so another attorney could handle easement work tied to the Safe Routes to School project. Councilor Hegland explained that Rule 14 and the council's committee procedures had been followed and that the finance committee had discussed Attorney Tree's engagement.

What the council approved and what happens next: the takings order authorizes staff to proceed with eminent-domain filings and easement acquisitions as needed for the sidewalk project; the special-counsel designation allows Attorney Tree to perform legal work on the 153 Elm matter. Councilors noted the house at 153 Elm is pending sale, and timing of filings or a change in ownership could require additional approvals when the matter returns to council.

Votes and formal actions taken at the meeting on these items are recorded in the council minutes and included in the city's official packet for the Safe Routes to School project.