Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4448 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 6
2	2	HOUSE . . . . . . . . No. 4448
3	3	The Commonwealth of Massachusetts
4	4	________________________________________
5	5	HOUSE OF REPRESENTATIVES, February 28, 2024.
6	6	The committee on House Ways and Means, to whom was referred the
7	7	Bill authorizing the city of Lynn to use certain park land for school
8	8	purposes (House, No. 4127), reports recommending that the same ought to
9	9	pass with an amendment substituting therefor the accompanying bill
10	10	(House, No. 4448).
11	11	For the committee,
12	12	AARON MICHLEWITZ.
13	13	2 of 6
14	14	FILED ON: 2/28/2024
15	15	HOUSE . . . . . . . . . . . . . . . No. 4448
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act authorizing the city of Lynn to use certain park land for school purposes.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 SECTION 1. Notwithstanding any general or special law to the contrary, the city of Lynn
25	25	2may use a portion of certain parcels of lands owned by the city of Lynn known as the Magnolia
26	26	3avenue playground utilized by the city for park and playground purposes for the construction,
27	27	4maintenance and use of schools and educational facilities, facilities for athletic, sports and
28	28	5community programs and activities and for general recreational uses. The parcels of lands are
29	29	6further described as follows:
30	30	7 (i) A certain parcel of land owned by the city of Lynn by and through a confirmatory
31	31	8order of taking recorded in the Southern Essex registry of deeds in book 41744, page 88, situated
32	32	9in the city of Lynn, shown as “Magnolia Avenue Playground N/F city of Lynn (Park Dept.)
33	33	10parcel ID: 073-103-034” on a plan on file with the city entitled “Pickering Middle School and
34	34	11Magnolia Avenue Playground Lynn, Massachusetts Perimeter Plan of Land”, dated June 27,
35	35	122023, prepared by Samiotes Consultants, Inc., bounded and described as follows: 3 of 6
36	36	13 Beginning at a point on the westerly line of Magnolia avenue, it being the southeastern
37	37	14most corner of the parcel; thence turning and running
38	38	15 N 43° 40’ 32” W a distance of 627.80 feet to a point; thence turning and running
39	39	16 N 77° 36’ 16” E a distance of 260.45 feet to a point; thence turning and running
40	40	17 S 42° 51’ 14” E a distance of 137.47 feet to a point; thence turning and running
41	41	18 S 52° 16’ 24” E a distance of 48.48 feet to a point; thence turning and running
42	42	19 N 29° 13’ 26” E a distance of 56.61 feet to a point; thence, turning and running
43	43	20 S 46° 35’ 26” E a distance of 178.38 feet to a point; thence turning and running
44	44	21 S 78° 45’ 14” E a distance of 135.30 feet to a point of non-tangency; thence turning
45	45	22and running
46	46	23 Southwesterlyalong a curve to the right having a radius of 443.41 feet, a distance of
47	47	24303.55 feet to a point of tangency; thence turning and running
48	48	25 S 56° 33’ 16” W a distance of 76.34 feet to the point of beginning.
49	49	26 Such parcel containing 154,982 square feet of land, more or less; and
50	50	27 (ii) a certain parcel of land situated in the city of Lynn, shown as “N/F City of Lynn (Park
51	51	28Dept.) Cert. 11695 Doc. 34388 parcel ID: 074-103-005” and “N/F City of Lynn (Park Dept.)
52	52	29Cert. 11695 Doc. 34388 parcel ID: 074-103-025” combined on a plan on file with the city
53	53	30entitled “Pickering Middle School and Magnolia Avenue Playground Lynn, Massachusetts 4 of 6
54	54	31Perimeter Plan of Land”, dated June 27, 2023, prepared by Samiotes Consultants, Inc., bounded
55	55	32and described as follows:
56	56	33 Beginning at a point on the southwestern most corner of the parcel; thence turning and
57	57	34running
58	58	35 N 77° 36’ 16” E a distance of 695.64 feet to a point; thence turning and running
59	59	36 S 42° 51’ 14” E a distance of 137.47 feet to a point; thence turning and running
60	60	37 S 52° 16’ 24” E a distance of 48.48 feet to a point; thence turning and running
61	61	38 N 29° 13’ 26” E a distance of 156.61 feet to a point; thence turning and running
62	62	39 N 79° 39’ 44” W a distance of 416.71 feet to a point; thence turning and running
63	63	40 S 10° 20’ 16” W a distance of 100.00 feet to a point; thence turning and running
64	64	41 N 79° 39’ 44” W a distance of 300.00 feet to a point; thence turning and running
65	65	42 N 10° 20’ 16” E a distance of 50.04 feet to a point; thence turning and running
66	66	43 N 72° 08’ 54” W a distance of 138.35 feet to a point; thence turning and running
67	67	44 S 08° 36’ 16” W a distance 280.60 feet to the point of beginning. Such parcel
68	68	45containing 98,985 square feet of land, more or less.
69	69	46 SECTION 2. In consideration for the change of use of the land described in section 1, the
70	70	47city of Lynn shall dedicate 319,485 square feet, more or less, or 7.3344 acres of the land in the
71	71	48city of Lynn, which is presently owned by the city of Lynn, and such lands shall be dedicated for
72	72	49park purposes, which shall be deemed as remediation for the 253,967 square feet, more or less, 5 of 6
73	73	50of land that the public will not have access to at Magnolia avenue playground due to the new
74	74	51purposes for the land set forth in said section 1. The remediation land is further described as
75	75	52follows:
76	76	53 A certain parcel of land owned by the city of Lynn and situated in the city of Lynn,
77	77	54depicted as “Lot A” on a plan of land entitled “Compiled Plan of Land in Lynn, Mass.” prepared
78	78	55by Hayes Engineering, Inc., dated March 24, 2023, on file with the city of Lynn, and described
79	79	56as follows:
80	80	57 Beginning at the southerly corner of the parcel, herein described at a point on the
81	81	58northerly sideline of Parkland avenue; thence running
82	82	59 N 38° 23' 40" W a distance of 200.05 feet; thence turning and running
83	83	60 N 37° 28' 45" W a distance of 237.56 feet; thence turning and running
84	84	61 N 56° 33' 23" E a distance of 250.60 feet; thence turning and running
85	85	62 N 33° 55' 37" W a distance of 194.34 feet; thence turning and running
86	86	63 N 61° 30' 00" E a distance of 175.00 feet; thence turning and running
87	87	64 S 32° 00' 00" E a distance of 435.00 feet; thence turning and running
88	88	65 N 39° 00' 00" E a distance of 325.00 feet; thence turning and running
89	89	66 N 81° 30' 00" E a distance of 381.42 feet to a point on the northerly sideline of Parkland
90	90	67avenue; thence turning and running Southwesterly along the northerly sideline of Parkland
91	91	68avenue on a curve turning to the right with an arc length of 543.80 feet, with a radius of 1434.72
92	92	69feet; thence running 6 of 6
93	93	70 S 55° 40' 10" W along the northerly sideline of Parkland avenue a distance of 504.90 feet
94	94	71to the point of beginning. Such parcel containing an area of 319,485 square feet, more or less, or
95	95	727.3344 acres.
96	96	73 SECTION 3. If the land transferred pursuant to section 1 ceases to be used for the
97	97	74purposes described in said section 1, the land shall revert to the city of Lynn park commission for
98	98	75public park purposes.
99	99	76 SECTION 4. The change in use of the portions of park lands as set forth in section 1 shall
100	100	77be contingent upon suitable replacement park lands, as set forth in section 2, being provided, as
101	101	78approved by the city of Lynn park commission and the secretary of energy and environmental
102	102	79affairs.
103	103	80 SECTION 5. This act shall take effect upon its passage.