HOUSE DOCKET, NO. 4820        FILED ON: 1/12/2010

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4449

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act relative to use of a parcel of land in the City of Woburn for recreational purposes..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1.  Notwithstanding the provisions of section 15A of chapter 40 of the general laws, or of any other general or special law to the contrary, the land commonly known as the Clapp School and surrounding fields, acquired by the City on or about 1909, located at the intersection of Hudson Street and Arlington Road in the City of Woburn, Massachusetts shown as Assessors Map 59, Block 26, Lot 20, containing 2.92 acres more or less, and shown on a plan entitled, “Use and Limitation Plan” dated September 2, 2009, and prepared by Leblanc Survey Associates, Inc. and on file with the City Clerk, currently used for recreational and educational purposes, shall hereinafter be under the care, custody and control of the Woburn Recreation Commission, to be used solely for active or passive recreational use including, but not limited to, community gardens, trails, and noncommercial youth and adult sports, park, playground or athletic field purposes, provided, however, that recreational use of such land shall not include horse of dog racing or the use of land for a stadium, gymnasium or similar structure.  Provided, however, that notwithstanding the provisions of the preceding sentence, the portion of land shown on the above-referenced plan as designated for educational purposes shall continue to be under the care, custody and control of the City of Woburn school committee and shall be used for educational purposes only until such time as the newly constructed Goodyear School is completed and all students receiving educational services at the Clapp School have been reassigned to alternative sites within the Woburn school district, at which time said school committee shall vote to determine whether such property is needed for educational purposes and to authorize a transfer of the care, custody and control of such property to the Woburn Recreation Commission, at which time, that portion of the land shall then be used only for active or passive recreational use as described herein.  No other use or uses of said land, or transfer of such land from one board, committee, or officer to another, except as specifically authorized herein, shall be permitted except upon the approval of a 2/3 vote of both houses of the General Court.

Section 2.  This act shall take effect upon passage.