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FILED ON: 7/26/2024
SENATE . . . . . . . . . . . . . . No. 2901
Senate, July 29, 2024 - New draft (Senator Pacheco) to Senate Bill authorizing the release of
parcels of land in the town of Raynham from certain restrictions (Senate, No. 2872).
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the release of certain parcels of land in the town of Raynham from certain
agricultural preservation restrictions and certain recreational use restrictions.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
forthwith the release of certain agricultural preservation restrictions and recreational use
restrictions on certain parcels of land in the town of Raynham, therefore it is hereby declared to
be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
2General Laws or any other general or special law to the contrary, the commissioner of capital
3asset management and maintenance, in consultation with the commissioner of agricultural
4resources, may execute a certificate of release for portions of 3 parcels of land subject in part or
5in whole to an agricultural preservation restriction granted to the commonwealth by the town of
6Raynham. The release of the restriction shall be to enable the town to: (i) construct a public
7safety facility; (ii) widen King Phillip street including, but not limited to, straightening,
8improving drainage and providing for a shared use path on the western side of the street; and (iii)
9address property delineation issues involving recreational fields. All portions of parcels to be
10released from the agricultural preservation restriction are shown on plan of land entitled “Borden 2 of 6
11Colony Concept Plan”, dated June 3, 2024, prepared for the town of Raynham by Greenman-
12Pedersen, Inc., a copy of which shall be recorded in the Bristol northern district registry of deeds.
13Further detail on the portion of the parcel for the public safety facility is shown on a survey plan
14entitled “Raynham Public Safety Project King Phillip Street”, dated September 13, 2021,
15prepared for the town of Raynham by Lighthouse Land Surveying, LLC, a copy of which the
16town of Raynham shall also record in the Bristol northern district registry of deeds. The portions
17of parcels to be released are described in a deed recorded in the Bristol northern district registry
18of deeds in book 2176, page 297 and further identified as: (i) approximately 435,538 square feet
19(10.0 acres) of 2254 King Phillip street for the public safety facility, which is part of parcel 11-
20256-0 on the town’s assessors’ maps; (ii) approximately 86,547 square feet (1.99 acres) of 2254
21King Phillip street for the public way widening of King Phillip street, which is part of said parcel
2211-256-0 ; (iii) approximately 4,209 square feet (.10 acres) of 2215 King Phillip street for the
23public way widening of King Phillip street, which is part of parcel 11-256-B on the town’s
24assessors’ maps; (iv) approximately 15,699 square feet (.36 acres) of 2215 King Phillip street for
25shared use path purposes, which is a portion of said parcel 11-256-B; (v) approximately 101,891
26square feet (2.34 acres) of 0 King Phillip Street for shared use path trailhead purposes, which is a
27portion of parcel 11-256-C on the town’s assessors’ maps; and (vi) approximately 40,692 square
28feet (.93 acres) for recreational use easement purposes, which is part of said parcel 11-256-B.
29 (b) If the parcel authorized for release for the public safety facility pursuant to clause (i)
30of the second sentence of subsection (a) is proposed to be sold or transferred to an entity or
31person for purposes other than the public safety facility or ceases to be used for public safety
32purposes by current or future owner, the agricultural preservation restriction shall be reimposed
33on the parcel and any such sale or transfer is void without such reimposition, unless said original 3 of 6
34restriction has been released or discharged by the commonwealth in its entirety. This provision
35shall be included in the certificate of release and shall run with the land.
36 SECTION 2. Notwithstanding any general or special law to the contrary the department
37of capital asset management and maintenance may execute a certificate of release for portions of
382 parcels of land subject in part to a recreational use restriction for the public way widening of
39King Phillip street. All portions of parcels to be released from the recreational use restriction
40are shown on a plan of land entitled “Borden Colony Concept Plan”, dated June 3, 2024,
41prepared for the town of Raynham by Greenman-Pedersen, Inc., a copy of which shall be
42recorded in the Bristol northern district registry of deeds. The portion of parcels to be released
43are described in a deed recorded in the Bristol northern district registry of deeds in book 2176,
44page 297 and further identified as: (i) approximately 10,035 square ft (.23 acres) of 2254 King
45Phillip street, which is part of parcel 11-256-0 on the town’s assessors’ maps; and (ii)
46approximately 6,834 square ft (.16 acres) of 2215 King Phillip street, which is part of parcel 11-
47256-B on the town’s assessors’ maps.
48 SECTION 3. As a condition of the releases authorized in sections 1 and 2, the town of
49Raynham shall convey to the commonwealth: (i) to be held under the care, custody and control
50of the department of agricultural resources for agricultural protection, an agricultural
51preservation restriction as defined in section 31 of chapter 184 of the General Laws on 3 parcels
52of town-owned land identified as: (A) 0 Thrasher street, containing approximately 93,008 square
53ft (2.14 acres), shown as parcel 6A-9-A on the town’s assessors’ maps and described in a deed
54recorded in the Bristol northern district registry of deeds in book 17949, page 181; (B) 0 R
55South Main street, containing approximately 276,035 square ft (6.34 acres), shown as parcel 6A-
569-C on the town’s assessors’ maps and described in a deed recorded in the Bristol northern 4 of 6
57district registry of deeds in book 26453, page 81; and (C) 0 South Main street, containing
58approximately 117,524 square ft (2.7 acres), shown as parcel 14-99-0 on the town’s assessors’
59maps and described in a deed recorded in the Bristol northern district registry of deeds in book
6026453, page 81; (ii) to be held under the care, custody and control of the department of
61agricultural resources for agricultural protection on a portion of a certain parcel of land,
62containing approximately 435,600 square feet (10 acres), shown on a plan of land entitled
63“Borden Colony Concept Plan”, dated June 3, 2024 and prepared for the town of Raynham by
64Greenman-Pedersen, Inc., a copy of which shall be recorded in the Bristol northern district
65registry of deeds; provided, however, that the parcel will be donated to the town by a private
66landowner and is a portion of the land identified as 2254 King Phillip street, shown as parcel 6A-
679-0 on the town’s assessors’ maps and described in a deed recorded in the Bristol northern
68district registry of deeds in book 7282, page 191; and (iii) to be held under the care, custody and
69control of the department of fish and game for ecological protection and wildlife-related
70recreational opportunities a certain parcel of town-owned land located as 345 Hall street,
71containing approximately 1,960,200 square feet (45 acres), shown as parcel 3-310-0 on the
72town’s assessors’ maps and described in a deed recorded in the Bristol northern district registry
73of deeds in book 27977, page 59.
74 SECTION 4. The value of the interests in land described in this act shall be determined
75by an independent appraisal of the fair market value and value of the parcels prepared in
76accordance with the usual and customary professional appraisal practices by a qualified appraiser
77commissioned by the commissioner of capital asset management and maintenance, in
78consultation with the commissioner of agricultural resources. The commissioner of capital asset
79management and maintenance shall submit any such appraisals to the inspector general for 5 of 6
80review and comment. The inspector general shall review and approve the appraisals and the
81review shall include an examination of the methodology utilized for the appraisals. The inspector
82general shall prepare a report of such review and file the report with the commissioner of capital
83asset management and maintenance. After receiving the report, the commissioner shall submit
84copies of the report to the house and senate committees on ways and means and the joint
85committee on state administration and regulatory oversight at least 15 days prior to the execution
86of any documents effecting the conveyance authorized in this act.
87 SECTION 5. As consideration for the certificates of release authorized in sections 1 and
882, the town of Raynham shall transfer land or interests therein to the commonwealth to be held
89by the department of fish and game or the department of agricultural resources, as the case may
90be, that shall be of equal or greater acreage and natural resource value than the parcels described
91in said sections 1 and 2 and authorized to be released from the agricultural protection restriction
92or recreation restriction. If the appraisals conducted pursuant to section 4 determine that the fair
93market value or value in use, whichever is greater, of the land and interests in land to be
94conveyed to the commonwealth pursuant to section 3 is less than the corresponding value of the
95land authorized for release pursuant to said sections 1 and 2, the town shall compensate the
96commonwealth in an amount equal to 110 per cent of the difference, minus the value of the
97recreational use restriction to be released pursuant to said section 2. The town shall pay such
98sum to the department of agricultural resources for deposit into the Agricultural Preservation
99Restriction Mitigation Expendable Trust Fund to be used to acquire new agricultural preservation
100restrictions, including due diligence costs, pursuant to the rules and regulations of the
101department. If the town pays a sum of money for deposit, it shall further deposit an amount
102equal to the remainder of the difference, corresponding to the value of the recreational use 6 of 6
103release pursuant to said section 2 in a fund dedicated to the conservation of land for recreational
104and open space purposes in the town.
105 SECTION 6. The town of Raynham shall assume all costs associated with engineering,
106surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner
107of capital asset management and maintenance for any release or conveyance authorized in this
108act.