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November 21, 2024 Rain | 46°F
The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF SPRINGFIELD TO CONVERT THE USE OF PARK LAND AT DEBERRY PARK FOR A NEW ELEMENTARY SCHOOL AND TO REPLACE IT WITH ADDITIONAL PARK LAND IN THE CITY OF SPRINGFIELD.

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 to the contrary, the city of Springfield, acting by and through its city council, with the approval of its mayor, may convert and transfer the care, custody and control of a certain parcel of park land currently held by the board of park commissioners, to the school committee for the siting and construction of a new elementary school building, without any restrictions imposed on such parcel by Article XCVII of the articles of amendment to the constitution of the commonwealth. The parcel of land known as DeBerry park, bordered by Monroe street, Eastern avenue and Union street, consists of 2.8461 acres more or less, and is shown on a plan of land entitled “DeBerry Elementary School Park Parcel, Exhibit Plan of Land in Springfield”, dated October 17, 2019 and filed with the department of capital asset construction.  The parcel was acquired by the city of Springfield by a deed recorded in the Hampden county registry of deeds in book 3127, page 386.

SECTION 2.  (a) In exchange for the conversion and transfer of the parcel of land described in section 1, and to ensure a no-net-loss of land protected for park purposes, the city of Springfield, acting by and through its city council, with the approval of its mayor, shall acquire by purchase or eminent domain a parcel of privately-owned land, shown as Parcel A on a plan of land entitled “King Street & Wilbraham Avenue, Springfield, MA” dated November 7, 2019 and filed with the department of capital asset construction, and shall transfer the care, custody and control of Parcel A along with 2 parcels of city-owned land, shown as Parcels B and C on said plan of land, for public park purposes to the board of park commissioners under Article XCVII of the articles of amendment to the constitution of the commonwealth.

(b)  The parcels to be dedicated for the replacement park land are: (i) Parcel A, owned by Springfield College totaling approximately 1.27 acres, less approximately 0.03 acres, shown as Parcel D on said plan of land, to be used for roadway purposes; (ii) Parcel B, owned by the city of Springfield totaling approximately 1.65 acres, less approximately 0.03 acres, shown as Parcel E on said plan of land, to be used for roadway purposes; and (iii) Parcel C, a portion of Wilbraham avenue owned by the city of Springfield totaling approximately 0.56 acres to be discontinued as a roadway and combined with the 2 other parcels to form the replacement park parcel totaling approximately 3.43 acres.

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

Approved, June 4, 2020.