Mayor refutes question of playground use for school site
Date: 3/20/2012
March 21, 2012By Debbie Gardner
debbieg@thereminder.comWESTFIELD —The use of a portion of Cross Street Playground for the construction of the proposed Ashley Street School is legal under Article 97 of the Massachusetts Constitution, according to Mayor Daniel Knapik.
Article 97 reads: "The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose . Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court."
Knapik said that in accordance with Article 97, the city has selected a parcel to dedicate as open space in replacement for the land lost to school construction at Cross Street Playground. He said he would not disclose the parcel, but that the proper applications will be filed for approval with the Legislature when necessary.
"It isn't like this hasn't happened [before] in this city or other municipalities," Knapik said. "Under Article 97 if you [use] land in a municipal park you must replace it with land of equal value. Article 97 doesn't stop you from building [on the property]."
Save the Neighborhood representative Thomas Smith had asserted the new school would diminish the open space use of Cross Street and "kick the Little League off" the playground.
Knapik said, "They can play there this year, and for years to come."
Knapik added that plans for the new school call for the addition of a basketball court, a soccer field and a playscape at the Cross Street playground site.
