S 3230

SENATE DOCKET, NO. 4031  FILED ON: 5/6/2026
  SENATE . . . . . . . . . . . . . . No. 3230
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Barry R. Finegold
  _________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
   Court assembled:
   The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
   An Act authorizing the Massachusetts Department of Transportation to acquire interests in
  certain portions of land owned by the town of Andover which were acquired by the town for
  Article XCVII purposes.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:
Barry R. Finegold  Second Essex and Middlesex
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  SENATE DOCKET, NO. 4031  FILED ON: 5/6/2026
  SENATE . . . . . . . . . . . . . . No. 3230
By Mr. Finegold, a petition (accompanied by bill, Senate, No. 3230) (subject to Joint Rule 12) of
Barry R. Finegold for legislation to authorize the Massachusetts Department of Transportation to
acquire interests in certain portions of land owned by the town of Andover which were acquired
by the town for Article XCVII purposes. State Administration and Regulatory Oversight.
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act authorizing the Massachusetts Department of Transportation to acquire interests in
certain portions of land owned by the town of Andover which were acquired by the town for
Article XCVII purposes.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1SECTION 1. Notwithstanding any general or special law to the contrary, the
2 Massachusetts Department of Transportation may acquire from the town of Andover, acting by
3 and through its conservation commission, for highway purposes interests in certain portions of
4 land owned by the conservation commission of the town of Andover and identified as permanent
5 easement parcel numbers 20-E-1 and 20-PUE-1-T on a plan of land entitled “Massachusetts
6 Department of Transportation Highway Division Plan And Profile Of Tewksbury Street Over
7 CSX Railroad (Bridge No. A-09-015) In The Town of Andover, Essex County, Preliminary
8 Right of Way Plans”. The impact to the protected land to be acquired by the Massachusetts
9 Department of Transportation is limited to permanent easements of approximately 704 square
10 feet for guy wire placement, guardrail removal and bridge special slope paving.
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11SECTION 2. The secretary of energy and environmental affairs may waive the
12 requirement that suitable replacement land be provided by any entity acquiring an interest in land
13 protected by Article XCVII of the Amendments to the Constitution of the Commonwealth
14 pursuant to clause (B) of the last sentence of subsection (a) of section 5A of chapter 3 of the
15 General Laws. As reasons for such waiver, the land transferred pursuant to this act is of
16 insignificant natural resource and recreation value, is less than 2,500 square feet in area and the
17 benefit serves a significant public interest.
18SECTION 3. The Massachusetts Department of Transportation shall assume all costs
19 associated with engineering, surveys, appraisals, deed preparation and other expenses necessary
20 to execute the conveyances authorized by this act.
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