The Commonwealth of
Massachusetts
|
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
|
Executive Department
State House · Boston 02133
(617)
725-4000
|
February
20, 2007.
To the Honorable Senate and
House of Representatives:
Pursuant to the provisions of Article II,
Section 8, Paragraph 1, Clause (2) of the Amendments to the Constitution, as
amended by Article LXXXIX, I am filing for your consideration the attached
legislation entitled, An Act Authorizing The Town Of Wellesley To Convey A
Certain Parcel Of Land. Because the land in question is public park land,
Article XCVII of the Massachusetts Constitution applies.
Senators Brown and Creem, Representative
Peisch and the Wellesley Board of Selectmen have asked that this legislation be
filed to permit the town to complete a land swap involving parkland within the
Fuller Brook Park. The land swap corrects a long-standing encroachment on the
parkland, and provides for continued public access to the Fuller Brook Path in
an area used by school children to reach the nearby public elementary school.
Given the towns unanimous vote in favor
of this transaction, the length of time it has taken to proceed with the swap
and the fact that it does not run afoul of the Article 97 policy of no net
loss, I urge your early and favorable consideration of this bill.
Respectfully
submitted,
DEVAL
L. PATRICK,
Governor.
The Commonwealth of
Massachusetts
In the Year Two Thousand and
Seven.
An
Act authorizing
the town of Wellesley to convey a certain parcel of land.
Be
it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same, as follows:
SECTION 1. The town of Wellesley is
hereby authorized to convey to Erik Garpestad and Kathleen E. Walsh (Garpestad
and Walsh) a parcel of parkland within the Fuller Brook Park shown as Lot X and
containing approximately 923 square feet of land, for the purposes of
residential use, a plan entitled Plan of Land in Wellesley, MA, 12 Marvin
Road prepared by Bruce Bradford, Professional Land Surveyor, Everett M. Brooks
Co., dated February 9, 2005, a copy of which is on file in the office of the
town clerk; provided said conveyance shall not be made until the town has
acquired the parcel currently owned by Garpestad and Walsh, referred to as Lot
Y on said plan and title has been certified to be good in the town.
SECTION 2. In consideration of the
conveyance authorized in Section 1 of this act, said Erik Garpestad and
Kathleen E. Walsh shall convey to said town for parkland purposes, to be held
under the jurisdiction of the Natural Resources Commission for Article 97
purposes, the parcel shown as Lot Y on said plan and containing approximately
960 square feet of land. The town is also authorized to grant to Garpestad and
Walsh, their successors and assigns, an easement to allow a storm drainage pipe
to pass through said Lot Y. The board of selectmen shall determine whether
this parcel is equal to or greater than the full and fair market value of the
property described in section 1, or its value in use as proposed, whichever is
greater, as determined by independent appraisal. If there is a disparity in
these values in favor of the grantee, the grantee shall pay a sum equal to the
difference to the town of Wellesley for deposit in its open space fund or
otherwise dedicated to open space preservation.
SECTION 3. This act shall take effect
upon its passage.
