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2 | 2 | | HOUSE . . . . . . . . . . . . . . . No. 4883 |
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3 | 3 | | Text of an amendment, offered by Mr. Walsh of Peabody, to the Senate Bill authorizing the town |
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4 | 4 | | of Milton to use certain land acquired for conservation purposes for school purposes (Senate, No. |
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5 | 5 | | 2840). July 17, 2024. |
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6 | 6 | | The Commonwealth of Massachusetts |
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7 | 7 | | _______________ |
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8 | 8 | | In the One Hundred and Ninety-Third General Court |
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9 | 9 | | (2023-2024) |
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10 | 10 | | _______________ |
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11 | 11 | | By striking out all after the enacting clause and inserting in place thereof the following:– |
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12 | 12 | | 1 SECTION 1. (a)(1) The town of Milton may transfer to the care, custody, management |
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13 | 13 | | 2and control of the select board for school purposes the following parcels of land acquired and |
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14 | 14 | | 3currently used for conservation and recreation purposes and described as follows: |
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15 | 15 | | 4 (i) approximately 2.81 acres of a portion of the land as shown on the town assessors’ |
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16 | 16 | | 5maps as map D, block 65, lot 6A, which is presently under the care, custody, management and |
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17 | 17 | | 6control of the town conservation commission for conservation purposes pursuant to a deed |
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18 | 18 | | 7recorded in the Norfolk county registry of deeds in book 5553, page 391; and |
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19 | 19 | | 8 (ii) approximately 4.4 acres of a portion of the land as shown on the town assessors’ |
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20 | 20 | | 9maps as map D, block 65, lot 6B, which is presently under the care, custody, management and |
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21 | 21 | | 10control of the parks and recreation department of the town for recreational purposes pursuant to a |
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22 | 22 | | 11deed recorded in the Norfolk county registry of deeds in book 5553, page 391. |
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23 | 23 | | 12 (2) The parcels are shown collectively as Parcel C on a plan of land entitled “Approval |
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24 | 24 | | 13Not Required Plan of Land Blue Hills Parkway in Milton, Massachusetts (Norfolk County)” 2 of 4 |
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25 | 25 | | 14dated March 2023, prepared by BSC Group, a copy of which is on file with the office of the |
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26 | 26 | | 15director of planning and community development in the town. |
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27 | 27 | | 16 (b) As remediation for the change of use of the land acquired for conservation and |
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28 | 28 | | 17recreation land identified in subsection (a), the town shall transfer the following parcels of land |
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29 | 29 | | 18to the care, custody, management and control of the conservation commission of the town for the |
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30 | 30 | | 19purposes of conservation and recreation pursuant to Article 97 of the Amendments to the |
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31 | 31 | | 20Constitution of the Commonwealth: |
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32 | 32 | | 21 (i) approximately 6 acres of land located on Randolph avenue in the town of Milton as |
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33 | 33 | | 22shown on the town assessors’ maps as a portion of map I, block 38D, lot 10A, which is presently |
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34 | 34 | | 23under the care, custody, management and control of the select board pursuant to an order of |
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35 | 35 | | 24taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal |
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36 | 36 | | 25and conservation purposes; |
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37 | 37 | | 26 (ii) approximately 3 acres of land located on Herrick drive as shown on the town |
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38 | 38 | | 27assessors’ maps as map E, block 17, lot 34 and map E, block 17, lot 35, which is presently under |
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39 | 39 | | 28the care, custody, management and control of the select board pursuant to a judgment in a tax |
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40 | 40 | | 29lien case and recorded in the Norfolk county registry of deeds in book 32064, page 543 for |
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41 | 41 | | 30general municipal purposes; |
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42 | 42 | | 31 (iii) approximately 1 acre of land located on School street as shown on the town |
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43 | 43 | | 32assessors’ maps as map E, block 17, lot 19, which is presently under the care, custody, |
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44 | 44 | | 33management and control of the select board pursuant to a judgment in tax lien case and recorded |
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45 | 45 | | 34in the Norfolk county registry of deeds in book 32064, page 543 for general municipal purposes; 3 of 4 |
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46 | 46 | | 35 (iv) approximately 5 acres of land located at the corner of Highland street and Canton |
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47 | 47 | | 36avenue as shown on the town assessors’ maps as map K, block 2, lot 1A, which is presently |
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48 | 48 | | 37under the care, custody, management and control of the select board pursuant to a deed recorded |
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49 | 49 | | 38in the Norfolk county registry of deeds in book 4782, page 338 for conservation purposes; |
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50 | 50 | | 39 (v) approximately 41 acres of land located around and inclusive of Pope’s pond as shown |
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51 | 51 | | 40on the town assessors’ maps as map C, block 34A, lot 4, a portion of which, not to exceed 4 |
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52 | 52 | | 41acres, shall be transferred to the care, custody, management and control of the parks and |
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53 | 53 | | 42recreation department of the town as land dedicated as a park for playground purposes, which is |
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54 | 54 | | 43presently under the care, custody, management and control of the select board for open space and |
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55 | 55 | | 44conservation purposes pursuant to a deed recorded in the Norfolk county registry of deeds in |
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56 | 56 | | 45book 4080, page 379; and |
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57 | 57 | | 46 (vi) approximately 18.94 acres of land off Randolph avenue as shown on the town |
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58 | 58 | | 47assessors’ maps as map I, block 38E, lot 2, parcels A to F, inclusive, and map I, block 38E, lot 3, |
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59 | 59 | | 48which is presently under the care, custody, management and control of the select board pursuant |
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60 | 60 | | 49to an order of taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for |
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61 | 61 | | 50municipal and conservation purposes. |
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62 | 62 | | 51 (c) As further remediation for the change of use of the land pursuant to subsection (a), the |
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63 | 63 | | 52town shall transfer approximately 4.86 acres of land off Randolph avenue, consisting of portions |
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64 | 64 | | 53of land as shown on the town assessors’ maps as map I, block 38D, lot 6 and map I, block 38D, |
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65 | 65 | | 54lot 7, to the parks and recreation department of the town, subject to the restrictions under Article |
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66 | 66 | | 5597 of the Amendments to the Constitution of the Commonwealth, which land is presently under |
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67 | 67 | | 56the care, custody, management and control of the select board pursuant to an order of taking 4 of 4 |
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68 | 68 | | 57recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal and |
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69 | 69 | | 58conservation purposes. |
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70 | 70 | | 59 SECTION 2. If the town does not appropriate money for construction of a new school on |
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71 | 71 | | 60or before June 30, 2028, then: (i) the parcel identified in clause (i) of subsection (a) of section 1 |
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72 | 72 | | 61shall be transferred back to the care, custody, management and control of the conservation |
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73 | 73 | | 62commission to be subject to Article 97 of the Amendments to the Constitution of the |
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74 | 74 | | 63Commonwealth; and (ii) the parcel identified in clause (ii) of said subsection (a) of said section 1 |
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75 | 75 | | 64shall be transferred back to the care, custody, management and control of the parks and |
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76 | 76 | | 65recreation department of the town for recreation purposes under said Article 97. |
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77 | 77 | | 66 SECTION 3. This act shall take effect upon its passage. |
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