1854 - Elm Park Public Common Established
One of the first public purchases of land expressly intended for use as a municipal park in the United States. Bushnell Park in Hartford was first (January) with Elm Park second (March).
1873 - 1885 - City of Worcester tried to take or purchase Newton Hill
Act 1873 - Chapter 196 and Act 1882 - Chapter 117 were approved to take the land for a public park and reservoir
Act 1884 - Chapter 263 was approved to take the land for a public park
All Acts expired so they couldn’t take or purchase Newton Hill via any of the three submitted/approved acts
Note: Title opinion letter for new Doherty High School referenced Act 1884 - Chapter 263 as the Act that purchased Newton Hill land in 1888. That act expired on 5/23/1885 and couldn’t be used to purchase Newton Hill in 1888.
1800’s
1880’s (cont)
Act 1882 - Chapter 154
An Act authorizing towns and cities to lay out Public Parks within their limits. - .
Highlighted Sections (13 sections make up this law):
Section 9 - City council shall have the authority to take out Public Park Loans to help defray expenses .
Section 10 - All lands taken or held under this act shall be forever kept open and maintained as a public park or parks.
Section 13 - This act shall not take full effect in any town or city unless accepted by a majority of the legal voters.
Approved April 13, 1882
1880’s (cont)
Act 1882 - Chapter 154 - Vote
On November 4, 1884 the residents of Worcester voted to approve Act 1882 Chapter 154 & the creation of the Parks Commission.
The People of Worcester have shown, repeatedly, that they were tired of this interminable delay and are ready for decisive action. By their vote of 5,094: Yea, to 181: Nay, they called the Parks Commission into existence and approved the Act.
This created the Public Park Trust for the people and allowed the city to take or hold public park land to be “forever kept open and maintained” as a public park or parks.
Act 1885 - Chapter 163
An Act relating to Public parks and Shade Trees in the City of Worcester.
Highlighted Sections:
Section 2 - The powers and duties shall extend and apply to all Public Grounds and Park of said City, acquired before this Act takes effect.
Provides protection for Elm Park
Vote by majority of legal voters to approve Act 1882 Chapter 154 taken on November 4, 1884.
Act redefines Parks Commision and protects Public Parks taken or purchased prior to approval of Act 1882.
Board of Park Commissioners:
Edward Winslow Lincoln, O.B. Hadwen, Edward L. Davis, James Draper, and Martin Green.
Approved April 14, 1885.
Effective Date May 1, 1885.
1800’s (cont)
1800’s (cont)
1888
May 7 - City Council voted to authorize the issue of a $200,000.00 Public Park Loan to carry out the plan of the Parks-Commission to purchase Public Parks.
June - Parks Commissioners acquire Newton Hill via use of Public Park Loan. At meeting of Parks-Commission it was unanimously VOTED, that the Newton Hill land be designated and known henceforth as Elm Park; and that the name Newton Hill, be retained for common usage.
All 5 deeds have a requirement listed - ‘take in fee, for the purpose and use of a Public Park’
3 of 5 parcels of land were owned by relatives of Edward Winslow Lincoln, Parks Commissioner
1890
Retaining wall 900 feet long was build along Highland Street and a foot walk was also installed.
1895
The pathway (presently the Summit Road) to the top of Newton Hill is completed and sown to grass.
1896
Board of Parks Commissioners Edward Winslow Lincoln, died December 15. He was park Superintendent since early 1870’s.
Wanted to have his ashes spread up on Newton Hill but wife had other plans.
Commissioners believe the ‘most genuine’ public expression of appreciation and valiant services is to try to maintain Elm Park substantially as he left it.
1900’s
1910 - Article 49
Legislative ‘check’ to ensure that lands acquired for conservation purposes were not converted to other inconsistent uses.
1959 - Doherty Memorial High School
City Manager requested study of site at White Estate off Suburban Road and Newton Hill on park land off Highland. In a detailed report based primarily on a comparison of site development costs, the Chief Engineer recommended the Newton Hill site for the proposed senior high school.
January - Superintendent reports on the legality of using Newton Hill as a school site
April - It was moved, on recommendation by the Superintendent, to approve the area on Newton Hill at Highland Street for a Senior High School site:
For the motion: Dr. Borger, Mrs. Bowditch, Messrs, Diggins, Melican, Dr. Yasuna and Chairman Casdin
Against: Mr. Dumas
Sept - School committee voted to request City Manager to use all possible means to have the State Legislature at it’s present sitting, take action on Newton Hill site for Senior High School
Doherty Memorial High School
1960
Act 1960 Chapter 121 -City authorized to use for school purposes any parts of Newton Hill.
Approved February 29, 1960
March - It was voted to request the City Manager and City Council to petition the Massachusetts Supreme Judicial Court to authorize by decree the use of park land on the Highland Street side of Newton Hill for the construction of a new senior high school
1961
Bill in Equity filed with Attorney General’s office for approval of decree
Limited use to 20 acres
Approved and recorded on March 15, 1961
Notable Events
1970
Elm Park granted Historic Registry by Federal U.S. Department of Interior (DOI)
Excluded 20 acre property of Doherty High School
1972
Article 97 superseded Article 49 with stronger enforcement
Lands taken or acquired for conservation purposes shall not be used for other purposes except by laws enacted by a two thirds vote of each branch of the general court.
1980
Elm Park selected for National Registry of Historic Places
Excluded 20 acre property of Doherty High School
1984
Elm Park selected for Olmsted Historic Landscape Preservation Program of the State of Massachusetts.
Doherty Expansion Project
2019
Public meetings held to choose site for building of New Doherty High School
Building committee hand selected with 22 of 24 members made up of individuals that are employed by the city administration or the public school department.
Title opinions (there were 2 - the first one had incorrect information, the 2nd does as well) but once again no reference to Act 1882 - Chapter 154.
Architectural rendering showing the proposed 420,000 square foot building, with 6 stories, height of building will be 50 less than the Summit, an artificial turf field (to have no access for public use), and the elimination of all public green space, the destruction of the historic stone wall and staircase (along Highland Street), and the removal of all heritage Beech trees fronting Highland Street along with the historic footpath that runs along the Beech trees
Massachusetts School Building Authority (MSBA) had been contacted by the taxpayers in the Spring to alert them to the land issues - no reply was received.
MSBA has a known flaw in their process - there have been other towns/cities that have had to file taxpayer lawsuits to address illegal city projects funded by the MSBA. Why should residents of Massachusetts be forced to spend more money to stop illegal projects when the city and MSBA refuse to acknowledge the issues. Resident feedback/concerns should be part of the process.
City Council approved $266 million dollar loan for Doherty High School
On Tuesday, September 8th taxpayers sent ALL city council an email asking them to delay the vote until the land issue was resolved. City council ignored the request and approved the loan after the city manager guaranteed there were no issues with the land. Not a single city council member reached out to get any details from the taxpayers.
Taxpayers want answers and want the Doherty High School to be built on a properly sized parcel of land that doesn’t involved destruction of Historic Public Parks. There are alternatives but the city refuses to consider them stating ‘it will impact their schedule’. Tax payers are tired of being ignored.
Friends of Newton Hill (FNH)
2001
Non-profit group formed to rescue Newton Hill at Elm park (40 acres)
Park was overgrown and had not been maintained by city for over 80 years - people were afraid to go into the park
FNH along with Park Spirit has raised over $100,000.00 of private funds and grants to work to restore the park and make it a safe place for everyone.
Free 36-hole FREE disc golf course
Free 12 station outdoor fitness circuit
6 Historic trail restorations
Summit restoration
Memorial granite benches
Restoration and dedication of historic flagpole to Judge Paul Mullaney
Implementation of memorial fruit tree orchard in memory of Edward Winslow Lincoln
Free Nordic Ski Park providing 6 miles of winter recreation throughout the all of Elm Park (groomed trails)
FNH took ‘custodian role’ for the park in partnership with the Parks Department to rescue and restore the park.
Performs maintenance to the park - cleanups, trash pickup, mowing, trail maintenance and improvements
Coordinating and executing year round volunteer events and assistance. Community Volunteers have invested 100’s of 1000’s of hours in revitalizing the park to help make it a unique natural recreational asset.
City constructed new building in 2018 at 667 Pleasant Street in Newton Square for FNH to store equipment purchased by FNH to maintain the park. This building was part of the 2012 Fire Alarm Building transaction allowing the bank to purchase the building and lease the park land . FNH stored their equipment in rented storage containers in the Doherty High School parking lot from 2012 - 2018 in containers provided by Parks Department.