HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4883

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:–
 

SECTION 1. (a)(1) The town of Milton may transfer to the care, custody, management and control of the select board for school purposes the following parcels of land acquired and currently used for conservation and recreation purposes and described as follows:

(i) approximately 2.81 acres of a portion of the land as shown on the town assessors’ maps as map D, block 65, lot 6A, which is presently under the care, custody, management and control of the town conservation commission for conservation purposes pursuant to a deed recorded in the Norfolk county registry of deeds in book 5553, page 391; and

(ii) approximately 4.4 acres of a portion of the land as shown on the town assessors’ maps as map D, block 65, lot 6B, which is presently under the care, custody, management and control of the parks and recreation department of the town for recreational purposes pursuant to a deed recorded in the Norfolk county registry of deeds in book 5553, page 391.

(2) The parcels are shown collectively as Parcel C on a plan of land entitled “Approval Not Required Plan of Land Blue Hills Parkway in Milton, Massachusetts (Norfolk County)” dated March 2023, prepared by BSC Group, a copy of which is on file with the office of the director of planning and community development in the town.

(b) As remediation for the change of use of the land acquired for conservation and recreation land identified in subsection (a), the town shall transfer the following parcels of land to the care, custody, management and control of the conservation commission of the town for the purposes of conservation and recreation pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth:

(i) approximately 6 acres of land located on Randolph avenue in the town of Milton as shown on the town assessors’ maps as a portion of map I, block 38D, lot 10A, which is presently under the care, custody, management and control of the select board pursuant to an order of taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal and conservation purposes;

(ii) approximately 3 acres of land located on Herrick drive as shown on the town assessors’ maps as map E, block 17, lot 34 and map E, block 17, lot 35, which is presently under the care, custody, management and control of the select board pursuant to a judgment in a tax lien case and recorded in the Norfolk county registry of deeds in book 32064, page 543 for general municipal purposes;

(iii) approximately 1 acre of land located on School street as shown on the town assessors’ maps as map E, block 17, lot 19, which is presently under the care, custody, management and control of the select board pursuant to a judgment in tax lien case and recorded in the Norfolk county registry of deeds in book 32064, page 543 for general municipal purposes;

(iv) approximately 5 acres of land located at the corner of Highland street and Canton avenue as shown on the town assessors’ maps as map K, block 2, lot 1A, which is presently under the care, custody, management and control of the select board pursuant to a deed recorded in the Norfolk county registry of deeds in book 4782, page 338 for conservation purposes;

(v) approximately 41 acres of land located around and inclusive of Pope’s pond as shown on the town assessors’ maps as map C, block 34A, lot 4, a portion of which, not to exceed 4 acres, shall be transferred to the care, custody, management and control of the parks and recreation department of the town as land dedicated as a park for playground purposes, which is presently under the care, custody, management and control of the select board for open space and conservation purposes pursuant to a deed recorded in the Norfolk county registry of deeds in book 4080, page 379; and

(vi) approximately 18.94 acres of land off Randolph avenue as shown on the town assessors’ maps as map I, block 38E, lot 2, parcels A to F, inclusive, and map I, block 38E, lot 3, which is presently under the care, custody, management and control of the select board pursuant to an order of taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal and conservation purposes.

(c) As further remediation for the change of use of the land pursuant to subsection (a), the town shall transfer approximately 4.86 acres of land off Randolph avenue, consisting of portions of land as shown on the town assessors’ maps as map I, block 38D, lot 6 and map I, block 38D, lot 7, to the parks and recreation department of the town, subject to the restrictions under Article 97 of the Amendments to the Constitution of the Commonwealth, which land is presently under the care, custody, management and control of the select board pursuant to an order of taking recorded in the Norfolk county registry of deeds in book 6055, page 474 for municipal and conservation purposes.

SECTION 2. If the town does not appropriate money for construction of a new school on or before June 30, 2028, then: (i) the parcel identified in clause (i) of subsection (a) of section 1 shall be transferred back to the care, custody, management and control of the conservation commission to be subject to Article 97 of the Amendments to the Constitution of the Commonwealth; and (ii) the parcel identified in clause (ii) of said subsection (a) of said section 1 shall be transferred back to the care, custody, management and control of the parks and recreation department of the town for recreation purposes under said Article 97.

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