Summary of Bill H.5388 (194th MA 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
Docket: House No. 5388
Filed: April 17, 2026
Sponsors: Rep. Mark D. Sylvia (Fairhaven) and Sen. Kelly A. Dooner (First Bristol & Plymouth); co-sponsors noted
Purpose
- To authorize the transfer of a small land parcel between two town departments in Marion, Massachusetts:
- Transfer 2,977 square feet of land currently held by the Open Space Acquisition Commission (OSAC) to the Marion Select Board (SB) for use in a shared use path.
- As consideration (mitigation) for the transfer, the Select Board will transfer a separate, larger parcel (approximately 13.38 acres) from the Select Board to the OSAC to be held for passive recreation and conservation purposes under applicable state laws and grant programs.
Key Provisions
1) Section 1 – Transfer to Select Board for shared use path
- The Marion OSAC may transfer care, custody, management, and control of a 2,977-square-foot portion of town land (designated as BP-8 on specific plan documents) to the Marion Select Board.
- Purpose of transfer: to support a shared use path project.
- The land is described as a portion of a town-owned parcel, shown on the referenced DOT plan and located within Marion (Massachusetts).
2) Section 2 – Mitigation transfer back to OSAC
- In mitigation for the Section 1 transfer, the Marion SB must transfer a separate town-owned parcel back to the OSAC.
- The affected SB parcel (13.38 acres, approx.) will be held for passive recreation and conservation purposes under the state LAND grant program requirements (Local Acquisitions for Natural Diversity), and protections of Article XCVII of the Massachusetts Constitution.
- Parcel specifics for the mitigation transfer:
- Location: Old Indian Trail, Marion
- Identified as Lot 15 on Marion Assessor’s Map 26
- Described in a deed recorded at the 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
3) Section 3 – Effective date
- The act takes effect upon passage.
What would be affected
- Land parcels and respective town roles:
- A small 2,977 sq ft parcel currently under the OSAC is proposed to be transferred to the Marion Select Board to facilitate a shared use path.
- A larger 13.38-acre parcel currently under the Marion Select Board is proposed to be transferred to the OSAC for passive recreation and conservation purposes, aligning with LAND grant program requirements and Article XCVII protections.
- Governance and land use implications:
- Adjusts ownership/control between OSAC and SB to support a municipal shared use path while ensuring conservation objectives for the mitigation parcel.
Potential Impact
- Local infrastructure: Enables development/implementation of a shared use path in Marion, potentially improving multimodal transportation and recreational access.
- Conservation and open space: Restores and preserves a larger adjacent parcel under OSAC oversight for passive recreation and conservation, subject to LAND program requirements and constitutional protections.
- Procedural: Requires transfer approvals within the town and compliance with state grant and open space laws; effective only upon passage of the act.
Action Requested
- The bill has been referred to the Committee on Municipalities and Regional Government (as of April 23, 2026) for consideration.
