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HD 6047

An Act authorizing the transfer of a certain parcel of land in the town of Marion from the Open Space Acquisition Commission to the Select Board

194th Legislature (2025-2026) Introduced by Kelly Dooner and 1 co-sponsor

Marion can transfer a small parcel to the Select Board to support a shared use path, with a larger parcel returned to OSAC for passive recreation and conservation under LAND rules.

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Bill Summary · HD 6047

Bill Summary: HD 6047 (194th Mass. General Court)

Title

An Act authorizing the transfer of a certain parcel of land in the town of Marion from the Open Space Acquisition Commission to the Select Board

Purpose and intent

The bill authorizes a land transfer within the town of Marion, Massachusetts, shifting control and management of a specific land parcel between two town entities—the Open Space Acquisition Commission (OSAC) and the Marion Select Board. The transfer is framed as a mitigation arrangement related to a separate shared use path project and includes requirements tied to land conservation, passive recreation, and compliance with state grant programs and constitutional protections.

Key provisions

Section 1: Transfer from OSAC to Select Board

  • OSAC may transfer care, custody, management, and control of a described land portion to the Marion Select Board.
  • The transfer is for the purpose of facilitating a shared use path (a recreational/infrastructure project).
  • Location and description details:
    • Parcel size: about 2,977 square feet (BP-8 on DOT plan).
    • Identified on the plan for the Shared Use Path – Phase 1 in Marion, dated February 18, 2026.
    • Part of town-owned parcel identified as Lot 32C on Marion Assessor’s Map 11.
    • Deed recorded at Plymouth Registry of Deeds, Book 25219, Page 181.

Section 2: Mitigation and re-transfer to OSAC (LAND program and protections)

  • In mitigation for the transfer described in Section 1, the Marion Select Board must transfer a different town-owned parcel back to the OSAC.
  • The transferred parcel is to be held by OSAC for passive recreation and conservation purposes under section 8C of Chapter 40.
  • Compliance and protections:
    • Must follow Local Acquisitions for Natural Diversity (LAND) grant program requirements (301 C.M.R. 5.00).
    • Must comply with Article XCVII of the Massachusetts Constitution (environmental and land-use protections).
  • Parcel details:
    • Size: about 13.38 acres (subject to survey).
    • Location: Old Indian Trail.
    • Identified as Lot 15 on Marion Assessor’s Map 26.
    • Deed recorded at Plymouth Registry of Deeds, Book 20438, Page 114.
    • Shown as Lot 4 on a plan titled “Approval Not Required Plan of Land in Marion Prepared for Joseph and Lynn Goldovitz,” recorded as Plan 341 of 2001.

Section 3: Effective date

  • The act takes effect upon passage.

Who is affected

  • Marion Open Space Acquisition Commission (OSAC): Potentially transfers ownership/management for a small, 2,977-sq-ft parcel.
  • Marion Select Board: Responsible for the initial transfer of the small parcel as part of the shared use path project and then for transferring a separate 13.38-acre parcel back to OSAC under LAND program requirements.
  • Town residents and users:
    • Access and use implications for a shared use path (recreation and transportation infrastructure).
    • Conservation and passive recreation protections for the transferred back parcel.
  • Compliance stakeholders:
    • LAND grant program administrators and state environmental/constitutional safeguards (Article XCVII).

Procedural and timeline notes

  • The bill references a plan dated February 18, 2026, for the shared use path project, indicating coordination with recent municipal planning documents.
  • The transfer is authorized “notwithstanding any general or special law,” indicating a local, targeted adjustment of land control.
  • No explicit funding or taxes are described; focus is on transfer of custody/management and compliance with conservation/grant requirements.
  • Effective date upon passage (no retroactive or delayed effectiveness stated).

Bottom line

HD 6047 would authorize Marion’s OSAC to transfer a small parcel to the Select Board to support a shared use path, with a reciprocal transfer of a separate larger parcel to OSAC for passive recreation and conservation, subject to LAND program requirements and constitutional protections.

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

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