Summary of Bill H.5400 (194th General Court, Massachusetts)
Title: An Act authorizing the city of Boston Department of Parks and Recreation to grant permanent easements over certain land in the city of Woburn and town of Burlington for highway purposes
Deputies/Authors:
- Prime sponsors: Representatives Richard M. Haggerty (Woburn) and Kenneth I. Gordon (Bedford)
- Co-sponsor: Michelle L. Ciccolo
Purpose and Intent
- The bill authorizes the City of Boston Department of Parks and Recreation (DPR) to transfer ownership interests in specified parcels of land to the Commonwealth of Massachusetts (acting through the Massachusetts Department of Transportation, MassDOT) for highway purposes.
- Specifically, it enables the transfer of permanent easements (i.e., rights to use land for highway-related needs) over land located in Woburn and Burlington to support a roadway improvement project at the Cambridge Road and South Bedford Street / Bedford Road intersection in the Woburn/Burlington area.
Key Provisions
1) Authorization to Transfer Land for Highway Use
- Under section 1, the DPR may transfer to MassDOT for highway purposes:
- Approximately 8,917 square feet of land
- Parcels identified on a plan named “Massachusetts Department of Transportation Highway Division Intersection Improvement Project Cambridge Road at South Bedford Street and Bedford Road in the city and town of Woburn/Burlington, Middlesex County Preliminary Right of Way Plans”
- Parcels to be recorded with the Middlesex north registry of deeds
- The transfer is described as conveying permanent easements (i.e., long-term rights) rather than full title.
2) Compliance and Land Use Mitigation (Article 97 Context)
- Section 2 addresses preexisting municipal mitigation requirements related to Article 97 of the Massachusetts Constitution:
- The Town of Burlington previously required land to be set aside for future intersection improvements to satisfy Article 97 as part of a special permit (for Jumbo Self Storage, LLC at 7 Wheeler Road, Burlington).
- Burlington accepted a conservation restriction on Wheeler Self Storage land (approx. 9 acres) to satisfy those conditions.
- The bill acknowledges these mitigation commitments and ties them to the contemplated transfer for highway purposes.
3) Cost Allocation
- Section 3 assigns cost responsibilities to MassDOT:
- MassDOT shall bear all costs related to engineering, surveys, appraisals, deed preparation, and other expenses necessary to effectuate the conveyances authorized by the act.
4) Effective Date
- Section 4 states the act shall take effect upon its passage (immediate enactment).
Administrative and Procedural Aspects
- Emergency Language: The bill includes language indicating an emergency to avoid delays that would defeat its purpose, citing the need to support the intersection improvement project and public safety/convenience.
- Scope and Jurisdiction: This act concerns intergovernmental land transfers within the commonwealth, involving the City of Boston (DPR) and the MassDOT for a project affecting Woburn and Burlington.
Potential Impact
- Transportation Project Support: Enables MassDOT to advance the Cambridge Road at South Bedford Street and Bedford Road intersection improvement by securing necessary land rights.
- Land Use and Property Records: Requires the transfer of limited land (8,917 sq ft) via permanent easements and related deed recording in county registries.
- Article 97 Compliance: Aligns with Burlington’s mitigation obligations connected to a separate development project, ensuring no net loss of land subject to Article 97.
- Public Costs: MassDOT bears the costs of the conveyance process (engineering, surveys, appraisals, deed prep).
Overall, the bill facilitates a targeted land-transfer mechanism to support a specific highway improvement project, while integrating preexisting Article 97 mitigation commitments and assigning costs to the transportation agency.
