Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4968 Compare Versions

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1	1	HOUSE . . . . . . . No. 4968
2	2	The Commonwealth of Massachusetts
3	3	______________________________________
4	4
5	5	HOUSE OF REPRESENTATIVES, July 31, 2024.
6	6	The committee on Ways and Means, to whom was referred the Senate
7	7	Bill authorizing the release of certain parcels of land in the town of
8	8	Raynham from certain agricultural preservation restrictions and certain
9	9	recreational use restrictions (Senate, No. 2901), reports recommending
10	10	that the same ought to pass with an amendment striking out all after the
11	11	enacting clause and inserting in place thereof the text contained in House
12	12	document numbered 4968.
13	13	For the committee,
14	14	AARON MICHLEWITZ. 1 of 6
15	15	HOUSE . . . . . . . . . . . . . . . No. 4968
16	16	Text of an amendment, recommended by the committee on Ways and Means, to the Senate
17	17	Bill authorizing the release of certain parcels of land in the town of Raynham from certain
18	18	agricultural preservation restrictions and certain recreational use restrictions (Senate, No.
19	19	2901). July 31, 2024.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	By striking out all after the enacting clause and inserting in place thereof the following:–
26	26	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
27	27	2General Laws or any other general or special law to the contrary, the commissioner of capital
28	28	3asset management and maintenance, in consultation with the commissioner of agricultural
29	29	4resources, may execute a certificate of release for portions of 3 parcels of land subject in part or
30	30	5in whole to an agricultural preservation restriction granted to the commonwealth by the town of
31	31	6Raynham. The release of the restriction shall be to enable the town of Raynham to: (i) construct a
32	32	7public safety facility; (ii) widen King Philip street, including, but not limited to, straightening,
33	33	8improving drainage and providing for a shared use path on the western side of the street; and (iii)
34	34	9address property delineation issues involving recreational fields. All portions of parcels to be
35	35	10released from the agricultural preservation restriction are shown on plan of land entitled “Borden
36	36	11Colony Concept Plan”, dated June 3, 2024, prepared for the town of Raynham by Greenman-
37	37	12Pedersen, Inc., a copy of which shall be recorded in the Bristol county northern district registry
38	38	13of deeds. Further detail on the portion of the parcel for the public safety facility is shown on a
39	39	14survey plan entitled “Raynham Public Safety Project King Philip Street”, dated September 13, 2 of 6
40	40	152021, prepared for the town of Raynham by Lighthouse Land Surveying, LLC, a copy of which
41	41	16the town of Raynham shall record in the Bristol county northern district registry of deeds. The
42	42	17portions of parcels to be released are described in a deed recorded in the Bristol county northern
43	43	18district registry of deeds in book 2176, page 297 and further identified as: (1) approximately
44	44	19435,538 square feet (10.0 acres) of 2254 King Philip street for the public safety facility, which is
45	45	20part of parcel 11-256-0 on the town’s assessors’ maps; (2) approximately 86,547 square feet
46	46	21(1.99 acres) of 2254 King Philip street for the public way widening of King Philip street, which
47	47	22is part of said parcel 11-256-0; (3) approximately 4,209 square feet (.10 acres) of 2215 King
48	48	23Philip street for the public way widening of King Philip street, which is part of parcel 11-256-B
49	49	24on the town’s assessors’ maps; (4) approximately 15,699 square feet (.36 acres) of 2215 King
50	50	25Philip street for shared use path purposes, which is a portion of said parcel 11-256-B; (5)
51	51	26approximately 101,891 square feet (2.34 acres) of 0 King Philip street for shared use path
52	52	27trailhead purposes, which is a portion of parcel 11-256-C on the town’s assessors’ maps; and (6)
53	53	28approximately 40,692 square feet (.93 acres) for recreational use easement purposes, which is
54	54	29part of said parcel 11-256-B.
55	55	30 (b) If the parcel authorized for release for the public safety facility pursuant to clause (i)
56	56	31of the second sentence of subsection (a) is proposed to be sold or transferred to an entity or
57	57	32person for purposes other than the public safety facility or ceases to be used for public safety
58	58	33purposes by the current or future owner, the agricultural preservation restriction shall be
59	59	34reimposed on the parcel and any such sale or transfer is void without such reimposition, unless
60	60	35said original restriction has been released or discharged by the commonwealth in its entirety.
61	61	36This provision shall be included in the certificate of release and shall run with the land. 3 of 6
62	62	37 SECTION 2. Notwithstanding any general or special law to the contrary, the department
63	63	38of capital asset management and maintenance may execute a certificate of release for portions of
64	64	392 parcels of land subject in part to a recreational use restriction for the public way widening of
65	65	40King Philip street. All portions of parcels to be released from the recreational use restriction are
66	66	41shown on a plan of land entitled “Borden Colony Concept Plan”, dated June 3, 2024, prepared
67	67	42for the town of Raynham by Greenman-Pedersen, Inc., a copy of which shall be recorded in the
68	68	43Bristol county northern district registry of deeds. The portion of parcels to be released are
69	69	44described in a deed recorded in the Bristol county northern district registry of deeds in book
70	70	452176, page 297 and further identified as: (i) approximately 10,035 square ft (.23 acres) of 2254
71	71	46King Philip street, which is part of parcel 11-256-0 on the town’s assessors’ maps; and (ii)
72	72	47approximately 6,834 square ft (.16 acres) of 2215 King Philip street, which is part of parcel 11-
73	73	48256-B on the town’s assessors’ maps.
74	74	49 SECTION 3. As a condition of the releases authorized in sections 1 and 2, the town of
75	75	50Raynham shall convey to the commonwealth: (i) to be held under the care, custody and control
76	76	51of the department of agricultural resources for agricultural protection, an agricultural
77	77	52preservation restriction as defined in section 31 of chapter 184 of the General Laws on 3 parcels
78	78	53of town-owned land identified as: (A) 0 Thrasher street, containing approximately 93,008 square
79	79	54ft (2.14 acres), shown as parcel 6A-9-A on the town’s assessors’ maps and described in a deed
80	80	55recorded in the Bristol county northern district registry of deeds in book 17949, page 181; (B) 0
81	81	56R South Main street, containing approximately 276,035 square ft (6.34 acres), shown as parcel
82	82	576A-9-C on the town’s assessors’ maps and described in a deed recorded in the Bristol county
83	83	58northern district registry of deeds in book 26453, page 81; and (C) 0 South Main street,
84	84	59containing approximately 117,524 square ft (2.7 acres), shown as parcel 14-99-0 on the town’s 4 of 6
85	85	60assessors’ maps and described in a deed recorded in the Bristol county northern district registry
86	86	61of deeds in book 26453, page 81; (ii) an agricultural restriction as defined in section 31 of
87	87	62chapter 184 of the General Laws to be held under the care, custody and control of the department
88	88	63of agricultural resources for agricultural protection on a portion of a certain parcel of land,
89	89	64containing approximately 435,600 square feet (10 acres), shown on a plan of land entitled
90	90	65“Borden Colony Concept Plan”, dated June 3, 2024 and prepared for the town of Raynham by
91	91	66Greenman-Pedersen, Inc., a copy of which shall be recorded in the Bristol county northern
92	92	67district registry of deeds; provided, however, that the parcel will be donated to the town by King
93	93	68Phillip Realty Trust and is a portion of the land identified as 0 South Main street, shown as
94	94	69parcel 6A-9-0 on the town’s assessors’ maps and described in a deed recorded in the Bristol
95	95	70county northern district registry of deeds in book 7282, page 191; and (iii) to be held under the
96	96	71care, custody and control of the department of fish and game for ecological protection and
97	97	72wildlife-related recreational opportunities a certain parcel of town-owned land located as 345
98	98	73Hall street, containing approximately 1,960,200 square feet (45 acres), shown as parcel 3-310-0
99	99	74on the town’s assessors’ maps and described in an order of taking recorded in the Bristol county
100	100	75northern district registry of deeds in book 25460, page 285.
101	101	76 SECTION 4. The value of the interests in land described in this act shall be determined
102	102	77by an independent appraisal of the fair market value and value in use of the parcels prepared in
103	103	78accordance with the usual and customary professional appraisal practices by a qualified appraiser
104	104	79commissioned by the commissioner of capital asset management and maintenance, in
105	105	80consultation with the commissioner of agricultural resources. The commissioner of capital asset
106	106	81management and maintenance shall submit any such appraisals to the inspector general for
107	107	82review and comment. The inspector general shall review and approve the appraisals and the 5 of 6
108	108	83review shall include an examination of the methodology utilized for the appraisals. The inspector
109	109	84general shall prepare a report of such review and file the report with the commissioner of capital
110	110	85asset management and maintenance. After receiving the report, the commissioner shall submit
111	111	86copies of the report to the house and senate committees on ways and means and the joint
112	112	87committee on state administration and regulatory oversight at least 15 days prior to the execution
113	113	88of any documents effecting the conveyance authorized in this act.
114	114	89 SECTION 5. As consideration for the certificates of release authorized in sections 1 and
115	115	902, the town of Raynham shall transfer land or interests therein to the commonwealth to be held
116	116	91by the department of fish and game or the department of agricultural resources, as the case may
117	117	92be, that shall be of equal or greater acreage and natural resource value than the parcels described
118	118	93in said sections 1 and 2 and authorized to be released from the agricultural protection restriction
119	119	94or recreation restriction. If the appraisals conducted pursuant to section 4 determine that the fair
120	120	95market value or value in use, whichever is greater, of the land and interests in land to be
121	121	96conveyed to the commonwealth pursuant to section 3 is less than the corresponding value of the
122	122	97land authorized for release pursuant to said sections 1 and 2, the town shall compensate the
123	123	98commonwealth in an amount equal to 110 per cent of the difference, minus the value of the
124	124	99recreational use restriction to be released pursuant to said section 2. The town shall pay such sum
125	125	100to the department of agricultural resources for deposit into the Agricultural Preservation
126	126	101Restriction Mitigation Expendable Trust Fund to be used to acquire new agricultural preservation
127	127	102restrictions, including due diligence costs, pursuant to the rules and regulations of the
128	128	103department. If the town pays a sum of money for deposit, it shall further deposit an amount equal
129	129	104to the remainder of the difference, corresponding to the value of the recreational use release 6 of 6
130	130	105pursuant to said section 2 in a fund dedicated to the conservation of land for recreational and
131	131	106open space purposes in the town.
132	132	107 SECTION 6. The town of Raynham shall assume all reasonable costs associated with
133	133	108engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the
134	134	109commissioner of capital asset management and maintenance for any release or conveyance
135	135	110authorized in this act.