Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2872 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 3292 FILED ON: 6/14/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2872
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marc R. Pacheco
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the release of parcels of land in the town of Raynham from certain
13	13	restrictions.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Marc R. PachecoThird Bristol and PlymouthAngelo L. D'Emilia8th Plymouth 1 of 6
17	17	SENATE DOCKET, NO. 3292 FILED ON: 6/14/2024
18	18	SENATE . . . . . . . . . . . . . . No. 2872
19	19	By Mr. Pacheco, a petition (accompanied by bill) (subject to Joint Rule 12) of Marc R. Pacheco
20	20	and Angelo L. D'Emilia for legislation to authorize the release of parcels of land in the town of
21	21	Raynham from certain restrictions. State Administration and Regulatory Oversight.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act authorizing the release of parcels of land in the town of Raynham from certain
28	28	restrictions.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
32	32	2General Laws or any general or special law to the contrary, the commissioner of capital asset
33	33	3management and maintenance, in consultation with the commissioner of agricultural resources,
34	34	4may execute a certificate of release for portions of three parcels of land subject in part or whole
35	35	5to an agricultural preservation restriction granted to the commonwealth by the town of Raynham.
36	36	6The purpose for said release shall be to allow the town of Raynham to construct a public safety
37	37	7facility; widen the public way of King Phillip Street which shall include straightening, improved
38	38	8drainage, and a shared use path on the western side of the street; and address property delineation
39	39	9issues involving recreational fields. All portions of parcels to be released from the agricultural
40	40	10preservation restriction are shown on plan of land entitled “Borden Colony Concept Plan”, dated
41	41	11June 3, 2024, prepared for the town of Raynham by Greenman-Pedersen, Inc, a copy of which
42	42	12the town of Raynham shall record in the Bristol county northern district registry of deeds. 2 of 6
43	43	13Further detail on the portion of the parcel for the public safety facility is shown on a survey plan
44	44	14entitled “Raynham Public Safety Project King Phillip Street”, dated September 13, 2021,
45	45	15prepared for the town of Raynham by Lighthouse Land Surveying, LLC, a copy of which the
46	46	16town of Raynham shall also record in the Bristol county northern district registry of deeds. The
47	47	17portions of parcels to be released are: (i) approximately 435,538 square feet (10.0 acres) of 2254
48	48	18King Phillip Street for the public safety facility, which is part of parcel 11-256-0 on the town of
49	49	19Raynham’s assessors’ maps and described in a deed recorded in the Bristol county northern
50	50	20district registry of deeds in book 2176, page 297; (ii) approximately 86,547 square feet (1.99
51	51	21acres) of 2254 King Phillip Street for the public way widening of King Phillip Street, which is
52	52	22part of parcel 11-256-0 on the town of Raynham’s assessors’ maps and described in a deed
53	53	23recorded in the Bristol county northern district registry of deeds in book 2176, page 297; (iii)
54	54	24approximately 4,209 square feet (.10 acres) of 2215 King Phillip Street for the public way
55	55	25widening of King Phillip Street, which is part of parcel 11-256-B on the town of Raynham’s
56	56	26assessors’ maps and described in a deed recorded in the Bristol county northern district registry
57	57	27of deeds in book 2176, page 297; (iv) approximately 15,699 square feet (.36 acres) of 2215 King
58	58	28Phillip Street for shared use path purposes, which is part of parcel 11-256-B on the town of
59	59	29Raynham’s assessors’ maps and described in a deed recorded in the Bristol county northern
60	60	30district registry of deeds in book 2176, page 297; (v) approximately 101,891 square feet (2.34
61	61	31acres) of 0 King Phillip Street for shared use path trailhead purposes, which is part of parcel 11-
62	62	32256-C on the town of Raynham’s assessors’ maps and described in a deed recorded in the Bristol
63	63	33county northern district registry of deeds in book 2176, page 297; and (vi) approximately 40,692
64	64	34square feet (.93 acres) for recreational use easement purposes, which is part of parcel 11-256-B 3 of 6
65	65	35on the town of Raynham’s assessors’ maps and described in a deed recorded in the Bristol
66	66	36county northern district registry of deeds in book 2176, page 297.
67	67	37 (b) If the parcel authorized for release for the public safety facility pursuant to subsection
68	68	38(a) is proposed to be sold or transferred to an entity or person for purposes other than the public
69	69	39safety facility or ceases to be used for public safety purposes by current or future owner, the
70	70	40agricultural preservation restriction shall be reimposed on the parcel and any such sale or transfer
71	71	41is void without such reimposition, unless said original restriction has been released or discharged
72	72	42by the commonwealth in its entirety. This provision shall be included in the certificate of release
73	73	43and shall run with the land.
74	74	44 SECTION 2. Notwithstanding any general or special law to the contrary the department
75	75	45of capital asset management and maintenance may execute a certificate of release for portions of
76	76	46two parcels of land subject in part to a recreational use restriction for the public way widening of
77	77	47King Phillip Street. All portions of parcels to be released from the recreational use restriction
78	78	48are shown on plan of land entitled “Borden Colony Concept Plan”, dated June 3, 2024, prepared
79	79	49for the town of Raynham by Greenman-Pedersen, Inc. The portion of parcels for release are: (a)
80	80	50approximately 10,035 square ft (.23 acres) of 2254 King Phillip Street, which is part of parcel
81	81	5111-256-0 on the town of Raynham’s assessors’ maps and described in a deed recorded in the
82	82	52Bristol county northern district registry of deeds in book 2176, page 297; and (b) approximately
83	83	536,834 square ft (.16 acres) of 2215 King Phillip Street, which is part of parcel 11-256-B on the
84	84	54town of Raynham’s assessors’ maps and described in a deed recorded in the Bristol county
85	85	55northern district registry of deeds in book 2176, page 297. 4 of 6
86	86	56 SECTION 3. To ensure a no-net-loss of protected open space and as a condition of the
87	87	57releases authorized in sections 1 and 2, the town of Raynham shall: (a) convey to the
88	88	58commonwealth, to be held under the care, custody, and control of the department of agricultural
89	89	59resources for agricultural protection, an agricultural preservation restriction as defined in section
90	90	6031 of chapter 184 of the General Laws on three certain parcels of Town-owned land identified
91	91	61as: (i) 0 Thrasher Steet, containing approximately 93,008 square ft (2.14 acres) shown as parcel
92	92	626A-9-A on the town of Raynham’s assessors’ map and described in a deed recorded in the
93	93	63Bristol county northern district registry of deeds in book 17949, page 181; (ii) 0 R South Main
94	94	64Street, containing approximately 276,035 square ft (6.34 acres) shown as parcel 6A-9-C on the
95	95	65town of Raynham’s assessors’ map and described in a deed recorded in the Bristol county
96	96	66northern district registry of deeds in book 26453, page 81; and (iii) 0 South Main Street,
97	97	67containing approximately 117,524 square ft (2.7 acres) shown as parcel 14-99-0 on the town of
98	98	68Raynham’s assessors’ map and described in a deed recorded in the Bristol county northern
99	99	69district registry of deeds in book 26453, page 81; (b) convey to the commonwealth, to be held
100	100	70under the care, custody, and control of the department of agricultural resources for agricultural
101	101	71protection, an agricultural preservation restriction as defined in section 31 of chapter 184 of the
102	102	72General Laws on a portion of a certain parcel of land, containing approximately 435,600 square
103	103	73feet (10 acres) as shown on a plan of land entitled “Borden Colony Concept Plan”, dated June 3,
104	104	742024 prepared for the town of Raynham by Greenman-Pedersen, Inc. Said parcel is to be
105	105	75donated to the town of Raynham by a private landowner and is a portion of the land identified as
106	106	762254 King Phillip Street, shown as parcel 6A-9-0 on the town of Raynham’s assessors’ maps and
107	107	77described in a deed recorded in the Bristol county northern district registry of deeds in book
108	108	787282, page 191; and (c) convey to commonwealth to be held under the care, custody, and control 5 of 6
109	109	79of the department of fish and game for ecological protection and wildlife-related recreational
110	110	80opportunities a certain parcel of Town-owned land identified as 345 Hall Street, containing
111	111	81approximately 1,960,200 square feet (45 acres) shown as parcel 3-310-0 on the town of
112	112	82Raynham’s assessors’ map and described in a deed recorded in the Bristol county northern
113	113	83district registry of deeds in book 27977, page 59.
114	114	84 Section 4. The value of the interests in land described in sections 1, 2 and 3 shall be
115	115	85determined by an independent appraisal of the fair market value and value of said parcels
116	116	86prepared in accordance with the usual and customary professional appraisal practices by a
117	117	87qualified appraiser commissioned by the commissioner of capital asset management and
118	118	88maintenance, in consultation with the commissioner of the department of agricultural resources.
119	119	89The commissioner of capital asset management and maintenance shall submit the appraisal to the
120	120	90inspector general for review and comment. The inspector general shall review and approve the
121	121	91appraisals and the review shall include an examination of the methodology utilized for the
122	122	92appraisals. The inspector general shall prepare a report of such review and file the report with the
123	123	93commissioner of capital asset management and maintenance. After receiving the report, the
124	124	94commissioner shall submit copies of the report to the house and senate committees on ways and
125	125	95means and the joint committee on state administration and regulatory oversight at least 15 days
126	126	96prior to the execution of any documents effecting the conveyance authorized in said section 1
127	127	97and 2.
128	128	98 SECTION 5. As consideration for the conveyances authorized in sections 1 and section 2,
129	129	99the town of Raynham’s intent is to transfer land or interest in land to the commonwealth to the
130	130	100department of fish and game and department of agricultural resources that it believes to be of
131	131	101equal or greater acreage and natural resource value than the parcels described in sections 1 and 2 6 of 6
132	132	102and authorized to be released from an agricultural protection restriction or recreation restriction.
133	133	103If the appraisals conducted pursuant to section 4 should determine that the fair market value or
134	134	104value in use, whichever is greater, of the land and interests in land to be conveyed to the
135	135	105commonwealth pursuant to section 3 is less than the corresponding value of the land authorized
136	136	106for release pursuant to sections 1 and 2, the town of Raynham shall compensate the
137	137	107commonwealth in an amount equal to 110% of the difference minus the value of the recreational
138	138	108use restriction to be released pursuant to section 2. The town of Raynham shall pay such sum to
139	139	109the department of agricultural resources for deposit into the Agricultural Preservation Restriction
140	140	110Mitigation Expendable Trust Fund to be used to acquire new agricultural preservation
141	141	111restrictions, including due diligence costs, pursuant to the rules and regulations of the
142	142	112department. In this event, the town of Raynham shall further deposit an amount equal to the
143	143	113remainder of the difference, corresponding to the value of the recreational use release pursuant to
144	144	114section 2, in a fund dedicated to the conservation of land for recreational and open space
145	145	115purposes in the town of Raynham.
146	146	116 SECTION 6. The town of Raynham shall assume any and all costs associated with
147	147	117engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the
148	148	118commissioner of capital asset management and maintenance for the purpose of any release or
149	149	119conveyance authorized by this act.
150	150	120 SECTION 7. This act shall take effect upon its passage.