FILED ON: 6/27/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2840

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

(i) approximately 2.81 acres of 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 pursuant to a deed recorded in the Norfolk county registry of deeds in book 5553, page 389; and

(ii) approximately 4.4 acres of 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 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 the 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 Article 97 of the Amendments to the Constitution of the Commonwealth:

(i) approximately 6 acres of land located on Randolph Avenue 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;

(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 tax lien case and recorded in the Norfolk county registry of deeds in book 32064, page 543;

(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;

(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;

(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 town for  playground purposes, 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 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.

(c) In 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, 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.

SECTION 2. The authority conferred by this act shall be conditioned upon compliance by the town with applicable laws and regulations regarding the disposition of land, including, but not limited to, section 5A of chapter 3 of the General Laws.

SECTION 3. 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 referenced in clause (ii) of said subsection (a) of said section 1 shall be transferred back to the care, custody, management and control of the town of Parks and recreation department for recreation purposes under said Article 97.

SECTION 4. This act shall take effect upon its passage.