City Council to Discuss Clapp School Tonight

Some people interested in the prospective leasing of the Clapp School are curious about the language of the law based on the home rule petition that pertains to the disposition of the Clapp School and property. The bill became law this past spring.

The text of the law follows. The law is listed under the Acts of 2010, Chapter 71, on the website of the General Court of the Commonwealth of Massachusetts. Woburn Patch broke section 1 into two paragraphs for easier reading.

“An act relative to the use of a parcel of land in the city of Woburn for recreational purposes.

Approved by the Governor, April 9, 2010

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Notwithstanding section 15A of chapter 40 of the General Laws or any other general or special law to the contrary, the land commonly known as the Clapp school and surrounding fields acquired by the city on or about 1909 and located at the intersection of Hudson street and Arlington road in the city of Woburn, shown on assessors map 59 as block 26, lot 20, containing 2.92 acres more or less, and shown on a plan entitled “Use and Limitation Plan” dated September 2, 2009, prepared by Leblanc Survey Associates, Inc. which is on file with the city clerk, currently used for recreational and educational purposes, shall be under the care, custody and control of the Woburn recreation commission to be used solely for active or passive recreational uses including, but not limited to, community gardens, trails, noncommercial youth and adult sports and park, playground or athletic field purposes; provided, however, that recreational use of such land shall not include horse or dog racing or the use of the land for a stadium, gymnasium or similar structure.

Notwithstanding the preceding sentence, the portion of the land shown on the above-referenced plan that is designated for educational purposes shall continue to be under the care, custody and control of the city of Woburn school committee but shall be used for educational purposes only until such time as the newly constructed Goodyear school is completed and all students receiving educational services at the Clapp school have been reassigned to alternative sites within the Woburn school district, at which time the school committee shall vote to determine whether such property is necessary for educational purposes and, if not, then it shall authorize a transfer of the care, custody and control of the property to the Woburn recreation commission to be used solely for active or passive recreational uses pursuant to this act.

SECTION 2. This act shall take effect upon its passage.”

The original bill, filed on Jan. 12, 2010, H4999, included the following sentence, which is not in the law signed by the governor on April 9.

“No other use or uses of said land, or transfer of such land from one board, committee, or officer to another, except as specifically authorized herein, shall be permitted except upon the approval of a 2/3 vote of both houses of the General Court.”

The School Committee voted on Feb. 8 that the school is still needed for educational purposes:  swing space, in a number of years, while one or two elementary schools are redone.

The committee voted Monday night to , for up to five years, starting this coming July 1, for three years, to the SEEM special education collaborative. The subject is expected to be picked up by the City Council during tonight's meeting.