Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4883 Compare Versions

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22 HOUSE . . . . . . . . . . . . . . . No. 4883
33 Text of an amendment, offered by Mr. Walsh of Peabody, to the Senate Bill authorizing the town
44 of Milton to use certain land acquired for conservation purposes for school purposes (Senate, No.
55 2840). July 17, 2024.
66 The Commonwealth of Massachusetts
77 _______________
88 In the One Hundred and Ninety-Third General Court
99 (2023-2024)
1010 _______________
1111 By striking out all after the enacting clause and inserting in place thereof the following:–
1212 1 SECTION 1. (a)(1) The town of Milton may transfer to the care, custody, management
1313 2and control of the select board for school purposes the following parcels of land acquired and
1414 3currently used for conservation and recreation purposes and described as follows:
1515 4 (i) approximately 2.81 acres of a portion of the land as shown on the town assessors’
1616 5maps as map D, block 65, lot 6A, which is presently under the care, custody, management and
1717 6control of the town conservation commission for conservation purposes pursuant to a deed
1818 7recorded in the Norfolk county registry of deeds in book 5553, page 391; and
1919 8 (ii) approximately 4.4 acres of a portion of the land as shown on the town assessors’
2020 9maps as map D, block 65, lot 6B, which is presently under the care, custody, management and
2121 10control of the parks and recreation department of the town for recreational purposes pursuant to a
2222 11deed recorded in the Norfolk county registry of deeds in book 5553, page 391.
2323 12 (2) The parcels are shown collectively as Parcel C on a plan of land entitled “Approval
2424 13Not Required Plan of Land Blue Hills Parkway in Milton, Massachusetts (Norfolk County)” 2 of 4
2525 14dated March 2023, prepared by BSC Group, a copy of which is on file with the office of the
2626 15director of planning and community development in the town.
2727 16 (b) As remediation for the change of use of the land acquired for conservation and
2828 17recreation land identified in subsection (a), the town shall transfer the following parcels of land
2929 18to the care, custody, management and control of the conservation commission of the town for the
3030 19purposes of conservation and recreation pursuant to Article 97 of the Amendments to the
3131 20Constitution of the Commonwealth:
3232 21 (i) approximately 6 acres of land located on Randolph avenue in the town of Milton as
3333 22shown on the town assessors’ maps as a portion of map I, block 38D, lot 10A, which is presently
3434 23under the care, custody, management and control of the select board pursuant to an order of
3535 24taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal
3636 25and conservation purposes;
3737 26 (ii) approximately 3 acres of land located on Herrick drive as shown on the town
3838 27assessors’ maps as map E, block 17, lot 34 and map E, block 17, lot 35, which is presently under
3939 28the care, custody, management and control of the select board pursuant to a judgment in a tax
4040 29lien case and recorded in the Norfolk county registry of deeds in book 32064, page 543 for
4141 30general municipal purposes;
4242 31 (iii) approximately 1 acre of land located on School street as shown on the town
4343 32assessors’ maps as map E, block 17, lot 19, which is presently under the care, custody,
4444 33management and control of the select board pursuant to a judgment in tax lien case and recorded
4545 34in the Norfolk county registry of deeds in book 32064, page 543 for general municipal purposes; 3 of 4
4646 35 (iv) approximately 5 acres of land located at the corner of Highland street and Canton
4747 36avenue as shown on the town assessors’ maps as map K, block 2, lot 1A, which is presently
4848 37under the care, custody, management and control of the select board pursuant to a deed recorded
4949 38in the Norfolk county registry of deeds in book 4782, page 338 for conservation purposes;
5050 39 (v) approximately 41 acres of land located around and inclusive of Pope’s pond as shown
5151 40on the town assessors’ maps as map C, block 34A, lot 4, a portion of which, not to exceed 4
5252 41acres, shall be transferred to the care, custody, management and control of the parks and
5353 42recreation department of the town as land dedicated as a park for playground purposes, which is
5454 43presently under the care, custody, management and control of the select board for open space and
5555 44conservation purposes pursuant to a deed recorded in the Norfolk county registry of deeds in
5656 45book 4080, page 379; and
5757 46 (vi) approximately 18.94 acres of land off Randolph avenue as shown on the town
5858 47assessors’ maps as map I, block 38E, lot 2, parcels A to F, inclusive, and map I, block 38E, lot 3,
5959 48which is presently under the care, custody, management and control of the select board pursuant
6060 49to an order of taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for
6161 50municipal and conservation purposes.
6262 51 (c) As further remediation for the change of use of the land pursuant to subsection (a), the
6363 52town shall transfer approximately 4.86 acres of land off Randolph avenue, consisting of portions
6464 53of land as shown on the town assessors’ maps as map I, block 38D, lot 6 and map I, block 38D,
6565 54lot 7, to the parks and recreation department of the town, subject to the restrictions under Article
6666 5597 of the Amendments to the Constitution of the Commonwealth, which land is presently under
6767 56the care, custody, management and control of the select board pursuant to an order of taking 4 of 4
6868 57recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal and
6969 58conservation purposes.
7070 59 SECTION 2. If the town does not appropriate money for construction of a new school on
7171 60or before June 30, 2028, then: (i) the parcel identified in clause (i) of subsection (a) of section 1
7272 61shall be transferred back to the care, custody, management and control of the conservation
7373 62commission to be subject to Article 97 of the Amendments to the Constitution of the
7474 63Commonwealth; and (ii) the parcel identified in clause (ii) of said subsection (a) of said section 1
7575 64shall be transferred back to the care, custody, management and control of the parks and
7676 65recreation department of the town for recreation purposes under said Article 97.
7777 66 SECTION 3. This act shall take effect upon its passage.