Passive Parks Protection Bylaw Faces Legal Scrutiny Ahead of Town Meeting
Key Points
- - The petition seeks to legally preserve passive parks in town.
- - Town Counsel warned of potential conflicts with the state Public Lands Preservation Act.
- - Officials suggested the petitioner might postpone the article to refine the legal language.
Article 37, a citizen petition submitted by Pam Keith, proposes a new bylaw to protect the "sanctity of passive parks" in Marshfield. Town Counsel Robert Galin expressed several legal concerns regarding the article's current draft, citing potential vagueness and conflicts with the Public Lands Preservation Act of 2022. Galin noted that the language might interfere with the executive authority of the Select Board.
Town Moderator Jim Fitzgerald suggested that the petitioner might want to "indefinitely postpone" the article to work with town officials on more precise language. Laudable without a doubt, important without a doubt, but maybe not worded the way it should be,
Galin said. If the bylaw passes in its current form, it will still require final approval from the Attorney General’s office, where it could be found unenforceable if it conflicts with state law.
Motion: No motion yet; preview of upcoming meeting.
Vote: No Vote