The Commonwealth of Massachusetts

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DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

Executive Department State House  ·  Boston 02133 (617) 725-4000

June 27, 2007.

To the Honorable Senate and House of Representatives:

Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment House Bill No. 3954, “An Act Authorizing the Town of Wellesley to Convey a Certain Parcel of Land.”

This bill authorizes the town of Wellesley to convey a parcel of park land to a private party in exchange for private land to be used for park land.  Under the Article 97, the Commonwealth must protect and preserve its green spaces, and the no net loss policy requires that the Commonwealth and municipalities do not give up public green spaces without a guaranty that they are receiving equivalent land or compensation to replace the “lost” Article 97 land.  As drafted this legislation does not ensure that the town is receiving land equal in value to the land it is losing.  I, therefore, recommend that House Bill No. 3954 be amended by inserting at the end of Section 2 the following words:-

The board of selectmen shall determine whether the market value of 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.

Respectfully submitted,

                                                                                       DEVAL L. PATRICK,

                                                                                          Governor.