HOUSE DOCKET, NO. 5185        FILED ON: 6/15/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5024

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Daniel Cahill

_________________

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 city of Lynn to grant a conservation restriction to park lands, forest lands and watershed lands to the Department of Conservation and Recreation and the Essex County Greenbelt Association, Inc. in Lynn, Saugus, and Lynnfield, Massachusetts.

_______________

PETITION OF:

HOUSE DOCKET, NO. 5185        FILED ON: 6/15/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5024

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act authorizing the city of Lynn to grant a conservation restriction to park lands, forest lands and watershed lands to the Department of Conservation and Recreation and the Essex County Greenbelt Association, Inc. in Lynn, Saugus, and Lynnfield, Massachusetts.

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 chapter 30B of the General Laws, any other general or special law or any ordinance or charter to the contrary, the city of Lynn, acting by and through its mayor with the approval of its city council, and the Lynn water and sewer commission established in chapter 381 of the acts of 1982 may grant, for no monetary consideration, to the commonwealth, acting by and through the department of conservation and recreation, and the Essex County Greenbelt Association, Inc. easements and restrictions through a conservation restriction pursuant to sections 31 and 32 of chapter 184 of the General Laws on all or portions of certain parcels of land owned by the city of Lynn or the Lynn water and sewer commission located in the city of Lynn and the towns of Saugus and Lynnfield as identified in section 2.  The conservation restriction may be jointly granted to and held by the department of conservation and recreation and the Essex County Greenbelt Association, Inc. The grant shall be for conservation and recreation purposes for the general public under Article XCVII of the amendments to the constitution, including the preservation and protection of water resources, wildlife and native habitats, sustainable forest management and passive recreational uses. The property identified in section 2 was acquired for and used by the city of Lynn for recreational, watershed and water supply protection purposes or will be acquired for such purposes by confirmatory order of taking.

SECTION 2.  (a) The parcels of land in the city of Lynn and the towns of Saugus and Lynnfield, on which a conservation restriction is authorized to be granted pursuant to section 1, are identified on the following plans:  (i) “Plan of Land, Lynn Woods Reservation in Lynn, Saugus, & Lynnfield, Mass. prepared for Lynn Department of Community Development” recorded at the Essex Registry of Deeds South District on August 10, 2017 in Plan Book 461 Page 29; (ii) “Plan of Land, Lynn Massachusetts prepared for Stoney Brook Realty Trust” recorded on November 1, 2002 in the Essex Registry of Deeds South District in Plan Book 363 Plan 40; (iii) “Lynn, Massachusetts, Subdivision of Land prepared for Franklin B. Kashner” recorded in the Essex Registry of Deeds South District on May 30, 2001 in Plan Book 351, Plan 62; (iv) “Sub-Division of Land owned by Hume W. & Shirley S. Thistle” recorded in the Essex Registry of Deeds South District on March 8, 1946 in Plan 93 of 1946; and (v) “Plan Showing Land Taken by City of Lynn for Purpose of Public Water Supply” recorded  in the Essex Registry of Deeds South District on May 23, 1916 in Plan Book 2331 Page 455. Minor modifications may be made to the description with the approval of the parties to the conservation restriction authorized in section 1 as said parties intend that the conservation restriction include the lands and water located in Lynn Woods comprised of approximately 2,079 acres, excluding the areas in subsection (b).

(b) The parcels of land on which a conservation restriction is authorized to be granted pursuant to section 1 shall not include, from the plans identified in subsection (a), the following: (1) approximately 18  acres in Lynnfield, (2) Mary Ellen drive as shown on plan entitled, “Spickett Hill ‘Definitive Subdivision Plan’ in Lynn, Mass.” recorded at the Essex Registry of Deeds South District on October 20, 1987 in Plan Book 231 Plan 98, (3) Frey park on Dungeon avenue, Walnut street, and Oak street, and (4) Lynn water and sewer commission land east of Parkland avenue.

SECTION 3. This act shall take effect upon its passage.