FILED ON: 4/5/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2720

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 city known as the town of Barnstable to change the use of a portion of a certain parcel of land within Mother’s Park.

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 any general or special law to the contrary but subject to section 5A of chapter 3 of the General Laws, the conservation commission of the city known as the town of Barnstable shall transfer to the town council for the purpose of changing its use as described in this act. The town council may change the use of a certain parcel of land within Mother’s Park containing approximately 5,803 square feet of land as shown on a plan of land entitled “Approval Not Required Plan Mother’s Park 20 Phinney’s Lane”, drawn by Town of Barnstable Department of Public Works, dated 2/23/2023, to make public safety improvements by reconfiguring the intersection of Phinney’s Lane and North Main Street as shown on the plan. The town of Barnstable may make minor modifications to the plan to carry out this act.

(b)  As consideration for the change of use of the portion of the parcel of land described in subsection (a), the town of Barnstable shall dedicate for park purposes a certain parcel of  land of not less than 9,288 square feet within the discontinued portion of Mother’s Park road to increase the area of Mother’s Park as shown on the plan referenced in said subsection (a). The town council shall transfer the parcel of land under this section to the care, custody and control of the conservation commission.

(c)  The town manager shall execute and record on behalf of the town any instruments necessary to carry out this act.

SECTION 2. This act shall take effect upon its passage.