Community Corner

Legal Challenge Made to Senior Center at Ward Park

Legal concerns have been raised over a senior center at Ward Park.

An attorney representing the Ward Park Neighborhood Association (WPNA) has challenged the city's legal authority to build a new senior center on Ward Park land.

At the heart of Land-Use Attorney Julie McNeill's letter are a number of procedural steps that have not been taken in setting aside the land for a senior center and that leave this use of the land at odds with the law.

“These laws and policies are in place to protect our Park and Recreation land,” said Faith Nickolas of the WPNA in a press release. “The city needs to honor them and leave Ward Park intact for future generations.”

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At the core of McNeill's opinion is that Ward Park — which was set aside as playground space — is afforded protections by Article 97 of the Amendments to the Massachusetts Constitution. Any change to the use of the park would require a two-thirds roll call vote of each branch of the Massachusetts General Court.

McNeill also states that the Recreation Commission must comply with Massachusetts General Law by notifying the City Council that Ward Park land is no longer needed for recreation purposes. The City Council must then by a two thirds vote transfer the control of Ward Park land to another board or officer of the city, according to the release. There is no evidence that the notice was given to the city council, nor that the required vote was taken.

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The letter from McNeill was written to City Solicitor Donald Rider with copies sent to Mayor Arthur Vigeant and the Marlborough City Council.

Copies of both the letter and the press release have been attached to this article.


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