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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF GARDNER TO CONVEY CERTAIN PARK LAND.

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. The city of Gardner, acting through its mayor and city council, may convey a certain parcel of land acquired for use as a public common to the Greater Gardner Community Development Corporation. The parcel is more particularly described in an order of taking dated June 17, 1997 recorded in the Worcester county registry of deeds in book 18985 at page 149 and shown in plan book 740, plan 73 also recorded in said registry.

SECTION 2. The conveyance of the parcel of land in section 1 shall be subject to the following terms and conditions:

(1) The premises shall be restricted to the development of not more than 4 dwelling units of which 100 per cent shall be subject to an affordable housing restriction acceptable to the mayor;

(2) The dwelling units shall be sold or leased by the Greater Gardner Community Development Corporation to individuals who: reside in the city of Gardner; have parents or siblings who reside in the city of Gardner; or work in the city of Gardner; and

(3) As a condition of the conveyance, the city of Gardner shall transfer a parcel of land under the care, custody, management and control of the board of selectmen and dedicated for general municipal purposes to the conservation commission or park commission and such parcel shall be dedicated for conservation or park purposes. If no suitable parcel can be transferred to the conservation commission, the city shall acquire a parcel of land or a conservation restriction upon private or public land as defined in section 31 of chapter 184 of the General Laws. Such land shall be dedicated or restricted to conservation or park purposes and under the jurisdiction of the conservation commission or park commission. The parcel dedicated pursuant to this section, shall be of equal or greater size and value for conservation or park purposes when compared to the parcel described in section 1. If the land conveyed ceases to be used for the purposes described in section 1, the land shall revert to the city of Gardner for public park purposes.

SECTION 3. This act shall take effect upon its passage.

Approved, January 28, 2010.