The Conservation Commission voted last night to declare the Cross Street playground as surplus open space in response to a request submitted by the city’s Law Department.
Susan Phillips, Law Department supervisor, requested the commission’s support of an order submitted by Mayor Daniel M. Knapik to the City Council last week seeking approval of a home rule petition to the state Legislature to change the designation of the playground to general municipal purposes, as required under Chapter 97. The vote is an “opinion” by the commission members in support of that petition.
The change in designation is needed for the construction of a new 96,000-square-foot, 600-student elementary school, which is being opposed by some residents of Cross, Ashely and State streets.
The school project is now the subject of two separate law suits filed by those residents.
Phillips, who addressed the Conservation Commission, said those suits prevented her from discussing, in open session, details of the home-rule petition being sought in connection with the $36 million school construction project.
The commission members questioned Phillips about the reason they were asked to vote on the issue.
Commission Chairman Dr. David Doe asked Phillips to explain the vote request.
“I don’t know what is our authority, under state law, regarding open space. Is there anything in state law?” Dow asked.
“There is no state law or regulation, only a policy written in 1988 (by a staff member of the Executive Office of Conservation, now the Executive Officer of Energy and Environmental Affairs),” Phillips said. “I am meeting with them Monday, trying to work with them, but it’s only a policy, not a law. In compliance with EOC policy you’re being asked to vote on this.”
Phillips said the City Council is expected to vote on the home-rule petition at its May 17 session because the current legislative session ends in June.
“The legislative process takes about six weeks,” Phillips said. “A governmental agency is asking us to do something, to provide information so it can review the city’s (home-rule petition) application.
“Only the General Court has the authority (to grant the city’s petition), but the commission’s opinion will have weight when the EOC weighs into the review process.”
Commissioner Robert Natario said “the city doesn’t have to ask us, by law, and the state still makes the decision based on information provided by the city.”
Commissioner James Murphy said that he needed more information before he could vote on the Law Department request.
“I have no idea of what I’m voting on, no basis to form an opinion, I would like to get more information,” he said. “The issue is do we have responsibility, authority or a role to do what the petitioner (Law Department) has asked?”
Daniel Smith, a Holyoke resident whose family owns 36 Cross St. and who is a party to the civil suits, spoke in opposition to the Law Department’s request, stating that changing the designation of Cross Street playground would have a “direct decimation to that neighborhood.”
“It’s unforgivable to call it surplus,” Smith said. “It’s the last open space in that area.
“It’s a little park that is a breath of fresh air,” he said. “I would beg you to sleep on this.”
Smith said that the park is designated under the city’s open space plan and is “protected space in perpetuity.”
Commissioner Dr. Donald Nicoletti, who had made a motion to table the issue, withdrew his motion.
“I don’t want our process to mess this up,” he said.
The commission voted 5-0 to approve the “opinion” with Murphy abstaining.
