SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2911

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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SECTION 1. (a) Notwithstanding any general or special law to the contrary, the select board of the town of Cohasset may change the use of a portion of Wheelwright park located on Forest avenue .  The parcel was acquired by the town by a deed recorded in the Norfolk county registry of deeds in book 1375, page 362 and the portion to be transferred contains 2 acres, more or less, as approximately shown on a plan of land entitled "Wheelwright Park Plan" which is on file with the town clerk.  The select board may use the land for general municipal purposes and for the purpose of leasing.  The select board may enter into telecommunications leases on such terms and conditions and for such duration, which may exceed 30 years, as the select board deems in the best interests of the town and may grant access, utility and other easements on the portion of the land so leased.

(b) Notwithstanding any general or special law to the contrary, as consideration for the change of use of the land pursuant to subsection (a), the select board may transfer the care, custody and control of a parcel of land owned by the town containing 2 acres, more or less, located on Chief Justice Cushing highway and identified in the town’s assessors’ records as parcel D8-52-006 from the select board for general municipal purposes to the select board, acting as the board of park commissioners, for park purposes under section 3 of chapter 45 of the General Laws. The land is further described in a deed recorded in the Norfolk county registry of deeds in book 36605, page 504.

(c) If the land described in subsection (b) is not of equal or greater monetary value as the land transferred pursuant to subsection (a) as determined by an independent appraisal of the fair market value or value in use, the difference in monetary value shall be deposited into the town of Cohasset Community Preservation Fund and dedicated solely for the acquisition of land for conservation or recreation purposes; provided, however, that the town may identify additional mitigation land of equal or greater monetary value to satisfy this difference.

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