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SENATE DOCKET, NO. 2937 FILED ON: 1/9/2024
SENATE . . . . . . . . . . . . . . No. 2549
The Commonwealth of Massachusetts
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PRESENTED BY:
Walter F. Timilty
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act authorizing the town of Milton to use certain property for school purposes.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Walter F. TimiltyNorfolk, Plymouth and Bristol 1 of 4
SENATE DOCKET, NO. 2937 FILED ON: 1/9/2024
SENATE . . . . . . . . . . . . . . No. 2549
By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2549) of Walter F. Timilty (by vote
of the town) for legislation to authorize the town of Milton to use certain property for school
purposes. Municipalities and Regional Government. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Milton to use certain property for school purposes.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The town of Milton may transfer to the care, custody, management and
2control of the Select Board of the town of Milton for school purposes certain land owned by the
3town of Milton and further described in subsection (b).
4 (b) The land to be used for school purposes pursuant to subsection (a) shall be:
5 (i) approximately 2.81 acres of land shown on the town of Milton Assessors’ Map as Map
6D, Block 65, Lot 6A, which is presently under the care, custody, management and control of the
7town of Milton Conservation Commission, as evidenced by a Quitclaim Deed recorded in the
8Norfolk County Registry of Deeds in Book 5553, Page 389 for conservation purposes; and
9 (ii) approximately 4.4 acres of land shown on the town of Milton Assessors’ Map as Map
10D, Block 65, Lot 6B, which is presently under the care, custody, management and control of the
11Milton Parks and Recreation Department, as evidenced by a Quitclaim Deed recorded in the
12Norfolk County Registry of Deeds in Book 5553, Page 391 for recreation purposes. 2 of 4
13 Said parcels are shown collectively as Parcel C on plan entitled “Approval Not Required
14Plan of Land Blue Hills Parkway in Milton, Massachusetts (Norfolk County) dated March, 2023,
15Scale 1”=60’, prepared by BSC Group 803 Summer Street, Boston, Massachusetts 02127, a copy
16of which is on file with the office of the town of Milton director of planning and community
17development.
18 SECTION 2. In consideration for the transfer of land pursuant to section 1, the town shall
19transfer the following parcels to the care, custody, management and control of the town of
20Milton Conservation Commission subject to restrictions under the provisions of Article 97 of the
21Amendments to the Constitution of the Commonwealth:
22 (i) approximately 6 acres of land located on Randolph Avenue, shown on the town of
23Milton Assessors’ Map as a portion of Map I, Block 38D, Lot 10A, which is presently under the
24care, custody, management, and control of the Milton Select Board as evidenced by an Order of
25Taking recorded in the Norfolk County Registry of Deeds in Book 6055, Page 474;
26 (ii) approximately 3 acres of land located on Herrick drive, shown on the town of Milton
27Assessors’ Map as Map E, Block 17, Lot 34 and Map E, Block 17, Lot 35 which is presently
28under the care, custody, management, and control of the Milton Select Board as evidenced by a
29Judgment Foreclosing Tax Lien Case recorded in the Norfolk County Registry of Deeds in Book
3032064, Page 543;
31 (iii) approximately 1 acre of land located on School street, shown on the town of Milton
32Assessors’ Map as Map E, Block 17, Lot 19 which is presently under the care, custody,
33management, and control of the Milton Select Board as evidenced by a Judgment Foreclosing
34Tax Lien Case recorded in the Norfolk County Registry of Deeds in Book 32064, Page 543; 3 of 4
35 (iv) approximately 5 acres of land located at the corner of Highland street and Canton
36avenue, shown on the town of Milton Assessors’ Map as Map K, Block 2, Lot 1A which is
37presently under the care, custody, management, and control of the Milton Select Board, as
38evidenced by a Judgment Foreclosing Tax Lien Case recorded in the Norfolk County Registry of
39Deeds in Book 4782, Page 338;
40 (v) approximately 41 acres of land located around and inclusive of Pope’s pond, shown
41on the town of Milton Assessors’ Map as Map C, Block 34A, Lot 4, a portion of which, not to
42exceed 4 acres, shall be transferred to the care, custody, management and control of the town of
43Milton Parks and Recreation Department to be used for a playground, which is presently under
44the care, custody, management, and control of the Milton Select Board, as evidenced by a
45Quitclaim Deed recorded in the Norfolk County Registry of Deeds in Book 4080, Page 379; and
46 (vi) approximately 18.94 acres of land off of Randolph avenue shown on the town of
47Milton Assessor’s Map as Map I, Block 38E, Lot 2 and Map I, Block 38E, Lot 3 (A to F
48included), which is presently under the care, custody, management, and control of the Milton
49Select Board as evidenced by an Order of Taking recorded in the Norfolk County Registry of
50Deeds in Book 6055, Page 474.
51 SECTION 3. In further consideration for the transfer of land pursuant to section 1, the
52town shall transfer to the care, custody, management and control of the town of Milton by the
53Parks and Recreation Department, subject to the restrictions under said Article 97, approximately
544.86 acres of land off Randolph avenue in the town of Milton consisting of portions of land
55shown on the town of Milton Assessors’ Map as Map I, Block 38D, Lot 6 and Map I, Block 38D,
56Lot 7 which is presently under the care, custody, management, and control of the Milton Select 4 of 4
57Board as evidenced by an Order of Taking recorded in the Norfolk County Registry of Deeds in
58Book 6055, Page 474.
59 SECTION 4. The authority conferred by this act shall be conditioned upon compliance by
60the town with applicable laws and regulations regarding the disposition of land, including, but
61not limited to, section 5A of chapter 3 of the General Laws.
62 SECTION 5. If, not later than June 30, 2028, the town does not appropriate money for
63construction of a new school, then: (i) the parcel referenced in clause (i) of subsection (b) of
64section 1 shall be transferred back to the care, custody, management and control of the town of
65Milton Conservation Commission, to be subject to the provisions of Article 97 of the
66Amendments to the Constitution of the Commonwealth; and (ii) the parcel referenced in clause
67(ii) of said subsection (b) of said section 1 shall be transferred back to the care, custody,
68management and control of the town of Milton Parks and Recreation Department for recreation
69purposes.
70 SECTION 6. This act shall take effect upon its passage.