Governor’s proposed Amendment to Plymouth Memorial Park lease bill is a good compromise
On August 13, Governor Maura Healey returned S.3235, An Act Relative to the Pilgrim Memorial Park in Plymouth, to the Legislature with a recommendation that the bill be amended to bring it into compliance with the spirit of Article 97 of the state constitution and with Chapter 274 of the Acts of 2022, An Act Preserving Open Space in the Commonwealth, commonly called the Open Space Act (OSA).
Article 97, passed in 1972, states in part that any attempt to change the use of public open space or change who controls that space needs to have a two-thirds vote of the state Legislature. Prior to 2022, the rules surrounding conversions or changes in control rested in a policy enforced by the Executive Office of Energy and Environmental Affairs (EEA). Multiple attempts to circumvent that policy resulted in what became a 20-year effort to pass the OSA.
Both Mass Parks for All (MPA) and the Mass Association of Conservation Commissions (MACC) asked the governor to take this action. Both organizations were part of the broad coalition that helped get the OSA passed. Unbeknownst to either organization at the time, on August 4, the state Inspector General had also urged the governor to take this action.
MPA’s primary mission is supporting our state parks managed by the Department of Conservation and Recreation (DCR), including ensuring public open space stays public, and if not, that proposals to change the use of or control of these lands follow state law. The one thing every party to this proposal agreed upon is that Plymouth Memorial Park is Article 97 land.
The OSA sets out specific actions that must be taken before any change in use of or change in control of Article 97 land can happen. The steps include public notification, an alternatives analysis, and provision of compensatory land of equal or greater ecological value. If compensatory land cannot be provided, there is a provision that allows monetary compensation. The last step in the process is a two-thirds favorable vote in each legislative chamber. When we learned of this proposal in July, the only OSA provision that had been met was that the bill had been filed.
S.3235 states that the state Department of Capital Asset Management and Maintenance (DCAMM) and the Town of Plymouth may enter into a 25-year lease, with an unlimited number of opportunities for 10-year extensions, during which time the town would control Plymouth Memorial Park. The Commonwealth of Massachusetts has managed and maintained this iconic memorial to the founding of Massachusetts for 106 years. Now under the auspices of DCR, the bill states that the agency would be consulted as a party to any lease agreement.
The bill was a redraft of the original legislation filed in April 2026 as S.3187, which proposed that Plymouth lease the park for 99 years. Municipalities are prohibited from entering into leases longer than 30 years. Neither did the bill address whether the lease was for the entire park or just a portion of it. When legislators substituted S.3235 for the original bill, the lease term had been cut to 25 years, but details on the specific land to be leased were still missing.
What S.3235 does contain is the phrase, “Notwithstanding any general or special law to the contrary...” These carefully chosen words exempt the bill from strictly following the process spelled out in the OSA beyond the two-thirds majority vote mandated by Article 97. When the bill came to the floor in both chambers on July 31, it passed unanimously by roll call votes, easily satisfying the required margin with a veto-proof tally.
So the issue for MPA and MACC became whether the bill would satisfy the spirit, not the letter, of the OSA and Article 97. In addition to MPA and MACC seeking changes in the bill, Inspector General Jeffrey S. Shapiro, while not specifically mentioning the OSA or Article 97, weighed in on several issues including who bears responsibility for capital improvements, lease renewal provisions, lease cost, and safeguarding public access when the town is not using the park.
The governor’s letter to the Legislature is now spelled out in S.3254. The bill is now in the Senate Committee on Bills in Third Reading. It acknowledges the Article 97 issues and OSA issues by saying the parties “may” hold a public hearing and public comment period. While we would have preferred “shall” over may, the intent to allow public input is clear. The bill also specifies the area to be leased, primarily the land around the park bandstand, not the entire park, and takes into account the Inspector General’s recommendations around lease renewal, fee setting, and fee use. Specifically, it calls for not more than three 10-year extensions should the parties agree to that and that any fees the town collects be set aside in a special account exclusively for use on the park.
While we would have preferred that this proposal meet all of the requirements of Article 97 and the OSA, given all of the circumstances around this bill, S.3254 is a politically astute counter offer. MPA thanks Governor Healey for agreeing to send the bill back with what we think is reasonable compromise language honoring the spirit of Article 97 and the OSA. We also thank IG Shapiro for suggesting ways to safeguard the condition of the park if this lease moves forward.
MPA and the MACC have asked the Legislature to adopt the governor’s language. While the formal session ended the day S.3235 passed on July 31st, there are several bills still in process that will require convening a formal legislative session, including the new environmental bond bill, the Mass Ready Act. The Legislature could let the Plymouth bill die to be refiled when the next session begins in January 2027, or pass S.3235 again, given it has a veto-proof majority.
Because it passed both chambers unanimously, we think the likely course of action is that some form of the bill will pass later this year. We respectfully request that the governor’s and the IG’s concerns be included if that happens. Please take a moment to ask your legislators to support the governor’s changes. While the Senate will take up the bill first, it’s helpful if your state representative hears from you as well. Thank you for your support on this and for MPA in general.
MPA meets with Lt. Governor Driscoll
Board Member Andrew Schuyler, Lt. Gov. Kim Driscoll, and MPA’s Doug Pizzi and Kat Powers at the Massachusetts State House.
On July 24, MPA met with Lt. Governor Kim Driscoll to discuss our concerns about DCR. Topics included the agency’s FY2027 budget, which got hit with a seven percent operations cut, 10 percent adjusted for inflation, and a 2.9 percent seasonal employees cut, six percent adjusted for inflation. We also talked about DCR’s capital budget in light of its $1.0 billion deferred maintenance backlog, including funding proposed in the new environmental bond bill, the Mass Ready Act.
Set at $147.5 million, DCR’s capital budget for FY2027 is $4.9 million less than the FY2025 capital budget. MPA has called for annual increases in DCR’s capital spending as the only way to retire the backlog and keep up with inevitable new capital needs, like building out the Mass Central Rail Trail.
We also talked about the fiscal realities facing the entire Commonwealth, including massive cuts in federal funding coming to Massachusetts, already hitting and expected to get worse after the mid-term election in November.
Nevertheless, Lt. Gov. Driscoll noted how important DCR and our parks are to residents, visitors, and our $14.6 billion annual outdoor recreation economy, the fastest growing in the nation.
We asked the Lt. Governor to consider increasing DCR’s annual capital budget, and, revenue permitting, to consider a supplemental appropriation later in the fiscal year to buffer the impact of FY2027 budget cuts. While no promises emerged from this discussion, we appreciate the Lt. Governor taking the time to meet with us and share our concerns with Gov. Healey and other administration officials.
Join us and Gov. Healey on Sunday at the Yes on 6 Rally in Newton
Join MPA and other members of the Nature for Massachusetts Coalition on Sunday, Aug. 30, at 10 a.m., at the Hammond Pond Trailhead, 274 Hammond Pond Parkway, as we rally with Gov. Healey in support of Question 6 on the November 3 election ballot. The trailhead is off of the Hammond Pond Parkway at its intersection with Route 9.
The governor has endorsed Question 6, which would divert the existing sales tax on sporting goods into a special fund to be used on land and water conservation projects. A summary of the question describes how the funds would be administered. If approved, Question 6 could generate up to $100 million a year in dedicated funding to protect these vital natural resources. Following the speaking program, there will be a gathering to connect with other supporters. But you must RSVP to attend. You can also join the coalition by stating your intent to Vote Yes on 6. We hope to see you Sunday.
Doug Pizzi is Executive Director of Mass Parks for All