FILED ON: 5/15/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4646

Substituted, on motion of Mr. Walsh of Peabody, for a bill with the same title (House, No. 4077). May 15, 2024.

 

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 Nantucket to convey certain land situated in the town of Nantucket held for open space, recreational or conservation purposes to the Nantucket Islands Land Bank for the purposes pursuant to its legislation.

 

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) Pursuant to article 97 of the amendments to the constitution of the commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the town of Nantucket may transfer, sell, convey or otherwise dispose of all or portions of certain parcels of land situated in the town of Nantucket to the Nantucket Islands Land Bank for the purposes pursuant to section 5 of its enabling legislation, chapter 669 of the acts of 1993, and described as follows:

(i)Washington street, as shown on tax assessor’s map 55, parcel 276, and described in an order of taking for the purposes of a shore reservation on page 181 of book 115, recorded with the Nantucket county registry of deeds;

(ii)111 Washington street, as shown on tax assessor’s map 55.1.4, parcel 71, and described in a deed on page 138 of book 513 and an order of taking as open space for public parking purposes on page 1 of book 337, recorded with the Nantucket county registry of deeds;

(iii)104 Washington street, as shown on tax assessor’s map 55.1.4, parcel 38, and described in a deed on page 138 of book 513 and an order of taking as open space for public parking purposes on page 1 of book 337, recorded with the Nantucket county registry of deeds;

(iv)102 Washington street, as shown on tax assessor’s map 55.1.4, parcel 9.3, and described in an order of taking for the purposes of acquisition and maintenance of tidal marshes on page 79 of book 130, recorded with the Nantucket county registry of deeds;

(v)100 Washington street, as shown on tax assessor’s map 55.1.4, parcel 9.1, and described in a deed on page 3 of book 461 and an affidavit for conservation purposes on page 341 of book 474, recorded with the Nantucket county registry of deeds;

(vi)98 Washington street, as shown on tax assessor’s map 55.1.4, parcel 9.2, and described in a deed on page 3 of book 461 and an affidavit for conservation purposes on page 341 of book 474, recorded with the Nantucket county registry of deeds;

(vii)Monomoy Creeks, as shown on tax assessor’s map 54, parcel 53, and described in orders of taking for open space protection and conservation purposes on pages 250 and 262 of book 683, recorded with the Nantucket county registry of deeds;

(viii)Monomoy Creeks, as shown on tax assessor’s map 54, parcel 641, and described in an order of taking for open space protection and conservation purposes on page 250 of book 683, recorded with the Nantucket county registry of deeds;

(ix)6 Goose Pond lane, as shown on tax assessor’s map 55, parcel 414, and described in orders of taking for open space protection and conservation purposes on pages 250 and 256 of book 683, recorded with the Nantucket county registry of deeds;

(x)4 Goose Pond lane, as shown on tax assessor’s map 55, parcel 407, and described in an affidavit on page 204 of book 557 for use as a bicycle path and a deed on page 263 of book 663, recorded with the Nantucket county registry of deeds;

(xi)Monomoy Creeks, as shown on tax assessor’s map 55, parcel 640, and described in an order of taking for open space protection and conservation purposes on page 250 of book 683, recorded with the Nantucket county registry of deeds;

(xii)Goose Pond lane, as shown on tax assessor’s map 55, parcel 642, Goose Pond lane and described in an order of taking for open space protection and conservation purposes on page 250 of book 683 and described on plan 2001-02, recorded with the Nantucket county registry of deeds; and

(xiii)lots A and B as described in an order of taking for open space and conservation purposes on page 70 of book 1020,and the unconstructed portion of Spruce street between its eastern sideline and its western sideline shown as 35.61 feet and 57.71 feet as shown on plan no. 2010-10 recorded with the Nantucket county registry of deeds.

(b) Any such disposition shall be on such terms and conditions as the select board deem appropriate, which may include the reservation of restrictions and easements, and the conveyance or dedication of a parcel or parcels of town-owned land for purposes pursuant to article 97 of the amendments to the constitution of the commonwealth, all as shown on a map filed with the office of the town clerk.

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