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The 192nd General Court of the Commonwealth of Massachusetts


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 town of Maynard may temporarily transfer the care, custody, management and control of a certain 10 acre +/- portion of a parcel of land located off Waltham street which is a capped landfill totaling 13.1462 +/- acres in said town from the board of selectmen where it is held as a park area for public recreation, to a large scale photovoltaic facility developer for general municipal purposes. The board of selectmen acquired the 13.1462+/- acre parcel by an order of taking dated June 10, 1986 and recorded in the Middlesex county registry of deeds in book 17090, page 516 for the purpose of closing the landfill and maintaining park land. The board of selectmen, acting on behalf of the town of Maynard, may temporarily lease said parcel to a large scale photovoltaic facility developer for a period not to exceed 30 years for the purpose of constructing a large scale photovoltaic facility which will provide the town with electrical power. The transfer authorized in this section shall be subject to paragraphs (a), (b) and (g) of section 16 of chapter 30B of the General Laws.

SECTION 2. In consideration for the temporary lease of the 10 +/- acres, and to ensure no permanent net loss of land protected for conservation purposes, the large scale photovoltaic facility developer shall construct an off leash dog park on 16,000 square feet, more or less, may only fence in 6 acres encompassing the actual photovoltaic facility and shall, at the end of the term of the temporary lease, provide access to and improve the top 6 acres of the top of the landfill for passive recreational opportunities which said access and improvements do not currently exist.

SECTION 3. The board of selectmen may enter into any agreements and execute all instruments necessary on behalf of the town to effectuate transfers under sections 1 and 2.

SECTION 4. As a condition of the transfer authorized in section 1, the town of Maynard shall transfer a parcel of land under the care, custody, management and control of the board of selectmen for general municipal purposes to the conservation commission to be used for permanent conservation purposes. If no suitable parcel can be transferred for conservation purposes, the town shall acquire a parcel of land or a conservation easement, as defined in section 31 of chapter 184 of the General Laws. Such land or easement shall be dedicated to conservation purposes and placed under the jurisdiction of the conservation commission. The parcel dedicated pursuant to this section shall be of equal or greater size and value for conservation purposes than the parcel described in section 1, as determined by the conservation commission.

SECTION 5. This act shall take effect upon its passage.

Approved, August 3, 2012.