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S 3169

An Act authorizing the Massachusetts Department of Transportation to take easements over certain land located in the city of Woburn and the town of Burlington held in trust by the city of Boston for the Mary P. C. Cummings Testamentary Trust

194th Legislature (2025-2026) Introduced by Cindy Friedman

MassDOT may acquire limited temporary and permanent land interests for a Woburn/Burlington intersection project, with Article 97 protections and all related costs borne by MassDOT.

House concurred
0
WeVote Research Nonpartisan
Bill Summary · S 3169

Bill Summary: S 3169 (194th Mass. General Court)

Purpose and Intent

  • Authorizes the Massachusetts Department of Transportation (MassDOT) to take easements and certain land interests for highway purposes related to an intersection improvement project at Cambridge Road, South Bedford Street, and Bedford Road in the cities/town of Woburn and Burlington.
  • The land to be taken is currently held in trust by the City of Boston and identified as part of the Mary P. C. Cummings Testamentary Trust.
  • The measure is presented as an emergency act to allow immediate action to support the highway project and public safety.

Key Provisions

  1. Authority to Take Land for Highway Purposes

    • MassDOT may acquire for highway purposes:
      • Temporary construction areas totaling 4,603 square feet.
      • Permanent easements totaling 8,917 square feet.
    • Location: Parcels located in Woburn and Burlington, held in trust by the City of Boston Department of Treasury.
    • The land is depicted on a plan titled: “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.”
    • The plan must be filed with MassDOT’s Chief Engineer and recorded with the Middlesex North Registry of Deeds.

  2. Mitigation and Article 97 Considerations

    • The act recognizes a need to mitigate and ensure no net loss of land subject to Article 97 of the Massachusetts Constitution (which governs protection of certain park, conservation, and public trust lands).
    • In relation to a separate matter (May 25, 2025 approval of a special permit for Jumbo Self Storage, LLC), Burlington required land set-asides and a conservation restriction to address Article 97 requirements. The bill ties these mitigation actions to the planned takings, ensuring alignment with Article 97 constraints.

  3. Cost and Implementation Responsibilities

    • MassDOT shall bear all costs associated with:
      • Engineering, surveys, appraisals.
      • Deed preparation and other related expenses necessary to execute the takings.

  4. Effective Date

    • The act takes effect upon passage.

Affected Parties and Impacts

  • MassDOT: Granted statutory authority to acquire the specified parcels for the Cambridge Road/South Bedford Street and Bedford Road intersection project and to manage associated costs.
  • City of Boston (Trustee): Land is held in trust by the City of Boston; the trust’s land is the subject of the takings.
  • Woburn and Burlington: Beneficiaries of the intersection improvement project; indirectly affected through land use changes and traffic improvements anticipated from the project.
  • Article 97 Considerations: The act explicitly addresses constitutional protections related to certain lands, incorporating mitigation to avoid net loss of eligible land.

Timeline and Procedure

  • Referred to the Senate Committee on Transportation (June 4, 2026).
  • Senate action history shows passage in the House occurred (House concurred on July 8, 2026).
  • The act uses an emergency designation to enable immediate takings for the highway project.

Practical Takeaway

If enacted, MassDOT would have the legal authority to acquire specific, limited land interests (temporary and permanent) from lands held in trust by the City of Boston for the Woburn/Burlington intersection improvement project, with funding and process controls centralized under MassDOT and safeguards to comply with Article 97. The measure aims to expedite necessary infrastructure improvements while ensuring mitigation of land loss and adherence to relevant constitutional protections.

Compiled from official sources — confirm details with the bill’s official record.

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