By JIM HICKEY

Acting on the advice of town counsel, West Tisbury selectmen on Wednesday agreed to schedule a special town meeting in early June, where voters will be asked to allow the town to convey three lots in Bailey Park to private homeowners or a group such as Habitat for Humanity or the town affordable housing trust.

Located off Great Plains Road off Old County Road, Bailey Park includes three substandard lots that were taken by the town in tax foreclosure in 2007. The area is now planned as an affordable housing project; in 2008 the town agreed to spend $45,000 in Community Preservation Act money to develop three units of affordable housing there.

One lot will go to the Island chapter of Habitat for Humanity, which plans to move a building owned by the Martha’s Vineyard Savings Bank on State Road in North Tisbury to the site for conversion to a home.

There has been some back and forth discussion and disagreement between selectmen and the town affordable housing committee over bid specifications, ground leases and other details associated with the project. Early this month selectman decided to refer the matter to town counsel Ronald H. Rappaport to be sure that all was being done according to law.

And it turns out there was a glitch. In a letter to the selectmen last week Mr. Rappaport said because the affordable housing committee does not have the power to convey property, a special town meeting will be required in order to transfer the Baily Park lots.

“The 2007 vote [to authorize the tax taking] did not specifically authorize a sale: therefore, such a vote is now required . . . the [affordable housing committee] does not have independent statutory authority to convey land,” Mr. Rappaport wrote.

“It appears we need to have a special town meeting,” said selectman Richard Knabel.

A date was set for June 9.

Selectmen began the meeting by welcoming Cynthia Mitchell back to the board after an eight-year absence, and also voted to elect Mr. Knabel as the new chairman and Jeffrey (Skipper) Manter 3rd as vice-chairman.