"Passive Park" Use Bylaw Postponed After Counsel Calls it a "Hot Mess" ####

Key Points

  • Sought to codify "passive use" and protect Article 97 rights for town parks
  • Town Counsel argued the language was legally flawed and potentially unenforceable
  • Voters supported the intent but agreed the document needed professional redrafting
  • Matter was tabled for potential future consideration

A citizen petition intended to protect public access and passive use of town parks was indefinitely postponed after significant legal concerns were raised. Article 37, sponsored by Pamela Keith, sought to establish a framework for park land use based on Article 97 of the state constitution, specifically targeting Harbor Park and South River Park. Keith argued the bylaw was needed to prevent the Select Board from allowing private businesses to rent park space for commercial gain.

The proposal met stiff resistance from Town Counsel Robert Galvin, who described the draft as imprecise and subjective and a hot mess. Galvin warned that the bylaw could have numerous unintended consequences and might conflict with existing state laws regarding the executive authority of the Select Board. While several residents spoke in favor of the article's intent to keep parks public, the meeting ultimately voted to table the matter so it could be properly redrafted for a future meeting.

Motion: Motion to indefinitely postpone Article 37.

Vote: Tabled (Indefinitely Postponed)