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