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The 190th General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TEMPORARY USE OF THE CLAPP ELEMENTARY SCHOOL PROPERTY IN THE CITY OF WOBURN FOR CIVIC PURPOSES.

     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) Notwithstanding chapter 71 of the acts of 2010 or any other general or special law to the contrary, the Clapp elementary school building and adjacent lower parking area west of the building located at the intersection of Hudson street and Arlington road in the city of Woburn shall be made available for use by the James L. McKeown Boys and Girls Club of Woburn, Inc. on a temporary basis until such time as the demolition, construction, reconstruction, remodeling and repair of the existing James L. McKeown Boys and Girls Club of Woburn, Inc. facility located at Charles Gardner lane have been completed and the new facility is ready for occupancy or July 15, 2017, whichever first occurs, at which time, the Clapp elementary school and adjacent lower parking area shall be vacated and any buildings thereon shall be demolished and the land shall be restored to its natural state and utilized solely for recreational and park uses not later than October 15, 2017. At no time shall the Clapp elementary school building be utilized for a public library or for any other use or purpose, except as provided herein.
     (b)  The temporary use of the Clapp elementary school building and adjacent lower parking area by the James L. McKeown Boys and Girls Club of Woburn, Inc. shall be exempt from all applicable state and local laws, ordinances and land use regulations including, but not limited to, zoning, subdivision control and wetlands, except for all applicable building and fire protection regulations, and from all state and local laws, ordinances and regulations relative to the disposition of real property by lease or license including, but not limited to, section 3 of chapter 40 of the General Laws and section 16 of chapter 30B of the General Laws. The temporary use and occupancy of the Clapp elementary school building and adjacent lower parking area shall be upon such other terms and conditions as the mayor shall deem appropriate.
     (c)  The land located on Russell street in the city of Woburn, owned by the city and held for general municipal purposes pursuant to a deed dated May 30, 1979 from the commonwealth, through its department of public works, and recorded in the Middlesex south district registry of deeds in book 13780, page 31, shall be under the control of the recreation commission to be used solely for active or passive recreational uses including, but not limited to, community gardens, trails, noncommercial youth and adult sports and park, playground or athletic field purposes; provided, however, that recreational use of such land shall not include horse or dog racing or the use of the land for a stadium, gymnasium or similar structure.
     (d)  Notwithstanding the temporary use of the Clapp elementary school building and adjacent lower parking area by the James L. McKeown Boys and Girls Club of Woburn, Inc., pursuant to this act, the land described in subsection (a), shown on assessors map 59 as block 26, lot 20, containing 2.92 acres more or less, and shown on a plan entitled “Use and Limitation Plan” dated September 2, 2009, prepared by Leblanc Survey Associates, Inc. shall be under the care, custody and control of the Woburn recreation commission and shall be used solely for active or passive recreational uses including, but not limited to, community gardens, trails, noncommercial youth and adult sports and park, playground or athletic field purposes pursuant to chapter 71 of the acts of 2010; provided, however, that recreational use of such land shall not include horse or dog racing or the use of the land for a stadium, gymnasium or similar structure pursuant to said chapter 71.
     SECTION 2.  This act shall take effect upon its passage.

Approved, August 9, 2016