Bill HD.4952

HOUSE DOCKET, NO. 4952 FILED ON: 7/27/2016

HOUSE . . . . . . . . . . . . . . . No.

[Pin Slip]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act to Convert Park Land and Replace Park Land at Ruth Elizabeth Park, Article 97.

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

ORDER APPROVING A SPECIAL ACT AUTHORIZING

THE CITY OF SPRINGFIELD

TO CONVERT PARK LAND AT RUTH ELIZABETH PARK

FOR TRAFFIC IMPROVEMENT USE

PURSUANT TO ARTICLE 97

AND TO ACQUIRE AND DEDICATE REPLACEMENT PARK LAND

WHEREAS, the City of Springfield is the owner of a certain parcel of land consisting of just over 5.922 acres, that is designated park land and is known as "Ruth Elizabeth Park", which is bounded by Hancock Street, Hickory Street, and Walnut Street in Springfield, Massachusetts; and

WHEREAS, as part of the proposed "Central Street Traffic Improvement Project", the City of Springfield has a need to provide its residents with two-way traffic and 6-foot sidewalks on either side of Hickory Street, which will provide safer vehicular circulation patterns and pedestrian access to the nearby Elias Brookings Elementary school, as well as park users and neighborhood residents; and

WHEREAS, the only feasible way to construct the improvements to Hickory Street and the sidewalks on both sides of the street, is to realign Hickory Street, which construction will require the change of use of a narrow segment of park land, approximately 6 feet wide and totaling 0.054 acres, along the southerly boundary of Ruth Elizabeth Park abutting Hickory Street, shown as the "Conversion Parcel" on the Plan attached hereto as Exhibit #1, which land is proposed to be maintained and controlled by the City of Springfield Department of Public Works (“Conversion Parcel"); and

WHEREAS, the Springfield Park Commission has determined that the conversion and transfer of the depicted "Conversion Parcel": (i) will not have a deleterious impact on the operation, activity, and availability of Ruth Elizabeth Park to the public; (ii) that no specific recreation resources, facilities, activities, or opportunities will be impacted; (iii) that the Conversion Parcel currently consists of the park fence line and woody growth along the fence, as well as lawn areas bordering the fence line; (iv) there are no structures, resources, or park amenities within the land area proposed to be converted; and (v) that the remaining 5.868 acres of Ruth Elizabeth Park allows for the continued use of Ruth Elizabeth Park; and on February 3, 2016, the Springfield Park Commission voted its approval of the conversion of the parcel of land; and

WHEREAS, the City will take all necessary steps to replace the 0.054 acres of converted park land with replacement park land totaling 0.802 acres, by acquiring and converting the land shown on Exhibit #1 as Acquisition Parcels A, B, and C, abutting Hickory Street and Walnut Street, and dedicating such land as replacement park land under the control of the Springfield Park Commission, which will become a part of Ruth Elizabeth Park, resulting in a net gain of 0.748 acres of park land;

WHEREAS, the replacement of 0.802 acres on Hickory and Walnut Streets, for the conversion of 0.054 acres of Ruth Elizabeth Park for traffic improvement purposes, has been reviewed by the Commonwealth of Massachusetts Energy and Conservation Services, which has given its approval to the United States Department of the Interior, National Parks Service, for the change of use of the Conversion Parcel in order to provide safer vehicular circulation patterns and pedestrian access to the nearby Elias Brookings Elementary school, as well as park users and neighborhood residents, and has approved the acquisition and dedication of Acquisition Parcels A, B, and C as replacement park property; and

WHEREAS, the change of use of the Conversion Parcel from park land to traffic improvement purposes, to allow 2-way traffic on Hickory Street and the construction of sidewalks on both sides of the street, will provide safer vehicular circulation patterns and pedestrian access to the nearby Elias Brookings Elementary school, as well as park users and neighborhood residents, under the maintenance and control of the City of Springfield Department of Public Works, consistent with the terms and conditions stated herein, and in the attached Exhibits, provides an appropriate balance of the City’s interest in assisting Springfield residents in expanding their access to Ruth Elizabeth Park, and improved safety in Springfield, with the important consideration of preserving park space for the public use; and

WHEREAS, it is in the best interest of the City to approve the change of use of the Conversion Parcel from park land to traffic improvement purposes in order to provide safer vehicular circulation patterns and pedestrian access to the nearby Elias Brookings Elementary school, as well as park users and neighborhood residents to improve pedestrian access; and

WHEREAS, ARTICLE XCVII (97) of the Constitution of the Commonwealth of Massachusetts states lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court;

NOW THEREFORE, BE IT ORDERED,

A. That the Mayor of the City of Springfield be, and hereby is authorized on behalf of the City of Springfield, to take any and all steps necessary to secure the passage by the General Court of the special legislation entitled “AN ACT AUTHORIZING THE CITY OF SPRINGFIELD TO CONVERT PARK LAND AT RUTH ELIZABETH PARK FOR TRAFFIC IMPROVEMENT USE PURSUANT TO ARTICLE 97, AND TO ACQUIRE AND DEDICATE REPLACEMENT PARK LAND" in substantially the same form as the draft Act attached hereto, except for clerical or editorial errors.

B. That upon enactment by the General Court of the above referenced “AN ACT AUTHORIZING THE CITY OF SPRINGFIELD TO CONVERT PARK LAND AT RUTH ELIZABETH PARK FOR TRAFFIC IMPROVEMENT USE PURSUANT TO ARTICLE 97, AND TO ACQUIRE AND DEDICATE REPLACEMENT PARK LAND", that the Mayor be and is hereby authorized in the name of and on behalf of the City of Springfield;

To change the use of the Conversion Parcel (0.054 acres) from park use under the control of the Park Commission, to traffic improvement use under the control of the Department of Public Works, and to acquire on behalf of the City, and take all necessary steps to formally transfer control of Acquisition Parcels A, B, and C (totaling 0.802 acres), to the Springfield Park Commission, to be dedicated for park purposes as part of Ruth Elizabeth Park, consistent with the terms and conditions of this Order and the attached Exhibits.

Name:	District/Address:	Date Added:
Benjamin Swan	11th Hampden	7/27/2016