SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2096

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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SECTION 1. Notwithstanding any general or special law to the contrary, the city of Lowell may transfer from the care and custody of the board of parks certain parcels of land, at least 1 of which has been acquired for park, open space or recreation purposes, to the care and custody of the school department for the construction of a new high school.  The parcels of land are identified as follows:

(i) a portion of a parcel located at 512.1 Clark road and shown on the city of Lowell's assessors’ parcel map index at sheet index numbers 267 and 268, consisting of approximately 6.3 acres and recorded in the Middlesex north district registry of deeds in book 776, page 282, dated May 10, 1929 and book 28537, page 243, dated September 29, 2014; and

(ii) the parcel located at 512 Clark road and shown on the city of Lowell's assessors’ parcel map index at sheet index number 268, consisting of approximately 3.8 acres and being a portion of the land conveyed  to the city of Lowell and recorded in the Middlesex northern district registry of deeds in book 776, page 282, dated May 10, 1929 and book 1661, page 343, dated August 21, 1964.  

SECTION 2. As a condition of the transfers of land authorized in section 1, the city of Lowell shall transfer the care and custody of certain parcels of land to the board of parks pursuant to section 3 of chapter 45 of the General Laws and Article 97 of the Amendments to the Constitution of the Commonwealth to be used for park, open space or recreational purposes.  The parcels of land are identified as follows:

(i) land now under the care and custody of the city of Lowell cemetery department, being portions of 363 Boston road in the city of Lowell and land west of Carlisle street in the town of Chelmsford located on the city of Lowell's assessors’ parcel map index at sheet index numbers 169 and 170 and in the town of Chelmsford's assessors’ office as parcel 55-175-1, consisting of approximately 16.35 acres and recorded in the Middlesex northern district registry of deeds in book 681, page 485, dated June 1, 1923; and

(ii) land being used by the Lowell regional water utility department located at 197 Beacon street, consisting of approximately 15 acres and recorded in the Middlesex northern district registry of deeds in book 76, page 39, dated October 18, 1870, book 80, page 426, dated June 23, 1871 and book 91, page 10, dated August 31, 1872.

SECTION 3. As a further condition of the transfers authorized in section 1, the city of Lowell shall complete the following recreation development projects and hold the parcels of land upon which they occur under the care and custody of the board of parks and such land shall be subject to Article 97 of the Amendments to the Constitution of the Commonwealth for park, open space or recreational purposes:

(i) a new 100 yard athletic field shall be constructed, 2 existing baseball fields shall be  renovated and adequate parking for these fields shall be provided upon the property at 363 Boston road and land west of Carlisle street in the town of Chelmsford transferred pursuant to clause (i) of section 2; 

(ii) a new softball field shall be constructed upon:

(a) all of the parcel located at 438 Douglas road and shown on the city of Lowell's assessors’ parcel map index at sheet index number 252, consisting of approximately 2.8 acres, and recorded in the Middlesex northern district registry of deeds in book 943, page 425, dated March 22, 1940, book 7471, page 349, dated April 5, 1995 and plan book 188, page 70, dated May 9, 1995; 

(b) a portion of the parcel located at 392 Douglas road and shown on the city of Lowell's assessors’ parcel map index at sheet index number 252, consisting of approximately 0.5 acres immediately abutting north of the parcel located at 438 Douglas road, and recorded in the Middlesex northern district registry of deeds in book 955, page 395, dated December 30, 1940; and

(c) a portion of the parcel located at 424 Douglas road and shown on the city of Lowell's assessors’ parcel map index at sheet index number 252, consisting of approximately 0.75 acres immediately abutting east of the parcel located at 438 Douglas road, and recorded at the Middlesex northern district registry of deeds in book 859, page 20, dated January 21, 1935      and book 8268, Page 13, dated October 15, 1996.

(iii) an existing field hockey field at the Cawley Memorial Stadium Complex located on the following parcel shall be renovated by the city:  a portion of a parcel owned by the city of Lowell, located west of Clark road in the town of Tewksbury and shown on Tewksbury's assessors’ parcel map index at number 12-3, consisting of approximately 3.8 acres, and recorded at the Middlesex northern district registry of deeds in book 776, Page 282, dated May 10, 1929 and book 28537, page 243, dated September 29, 2014; 

SECTION 4. If the land transferred pursuant to section 1 is not developed for school purposes within 5 years after the effective date of this act, it shall revert to the board of parks in the city of Lowell for park, open space or recreation purposes.