FILED ON: 8/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4062

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 permitting the town of Wakefield to convey an easement to the Wakefield Municipal Gas & Light Department.

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 or by-law to the contrary, the town of Wakefield may convey to the Wakefield municipal gas & light department a perpetual easement for the construction and maintenance of an energy park designed to be a micro-grid including, but not limited to, solar energy, battery storage, natural gas generator and transmission facilities, on a certain parcel of land located on Hemlock road in the town of Wakefield and owned by said town, which parcel comprises approximately 43,560 square feet, more or less, and is shown as "EASEMENT AREA" on a plan of land entitled "Easement Area Sketch Plan WAKEFIELD, MASS.", dated August 3, 2022, by Hayes Engineering, Inc. and on file with the town of Wakefield. Said parcel is a portion of the land described in a deed recorded in the Middlesex south district registry of deeds in book 8526, page 287, the whole of which the town acquired for playground purposes and is currently unused and undeveloped for such purpose.

SECTION 2. In consideration for the conveyance authorized in section 1, the Wakefield municipal gas & light department shall convey to the conservation commission of the town of Wakefield a conservation restriction pursuant to section 32 of chapter 184 of the General Laws on a certain parcel of land compromising approximately 2.51 acres, more or less, and shown as "PARCEL A" on a plan of land entitled "Sketch Plan in WAKEFIELD, MASS.," dated December 1, 2022, by Hayes Engineering, Inc. and on file with the town of Wakefield. Said parcel is a portion of the land described in a deed recorded in the Middlesex south district registry of deeds in book 265, page 247, purchased by the town of South Reading as renamed the town of Wakefield pursuant to chapter 32 of the acts of 1868 and being a portion of the land shown on the town of Wakefield assessor’s map 40C, parcel 001-010, which conservation restriction shall dedicate the land in perpetuity to open space and conservation purposes subject to Article XCVII of the Amendments to the Constitution of the commonwealth.

SECTION 3. In addition to the transfer pursuant to section 2, in consideration for the conveyance authorized in section 1, the Wakefield municipal gas & light department shall remove an electrical substation located on a parcel of land compromising approximately 8,500 square feet, more or less, located at 16 Ballister street, on the town of Wakefield assessor’s map 12, parcel 116-10A, in said town and convert said parcel to a park suitable for passive recreational purposes by the public. Said parcel is described in a deed recorded in the Middlesex south district registry of deeds in book 9646, page 542, which the town acquired by an order of taking for municipal light department purposes. The Wakefield municipal gas & light department shall convey such parcel to the town of Wakefield which shall dedicate the parcel as Burns park and place it under the care and control of the town of Wakefield parks department. The instrument of conveyance shall include language specifying that such land is dedicated for park purposes and the intention is to place such land under the protection of Article XCVII of the Amendments to the Constitution of the commonwealth in perpetuity.

SECTION 4. In addition to the transfers pursuant to sections 2 and 3, in consideration for the conveyance authorized in section 1, the Wakefield municipal gas & light department shall plant trees in a manner to be determined by the town of Wakefield department of public works in a town-owned area of land comprising of approximately 38,000 square feet, more or less, located between Mapleway playground and Arundel avenue, being a portion of the land shown on the town of Wakefield's assessor's map 42, parcel 002-002. Said parcel of the land is described in a deed recorded in the Middlesex south district registry of deeds in book 34734, page 392 which the town acquired by quitclaim deed.

SECTION 5. The grant of the easement in section 1 shall be contingent upon the transfers described in Sections 2 and 3 and the planting of trees described in section 4.

SECTION 6. This act shall take effect upon its passage.