Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2901 Compare Versions

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Old	New	Differences
1	1	1 of 6
2	2	FILED ON: 7/26/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2901
4	4	Senate, July 29, 2024 - New draft (Senator Pacheco) to Senate Bill authorizing the release of
5	5	parcels of land in the town of Raynham from certain restrictions (Senate, No. 2872).
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act authorizing the release of certain parcels of land in the town of Raynham from certain
12	12	agricultural preservation restrictions and certain recreational use restrictions.
13	13	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
14	14	forthwith the release of certain agricultural preservation restrictions and recreational use
15	15	restrictions on certain parcels of land in the town of Raynham, therefore it is hereby declared to
16	16	be an emergency law, necessary for the immediate preservation of the public convenience.
17	17	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
18	18	of the same, as follows:
19	19	1 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
20	20	2General Laws or any other general or special law to the contrary, the commissioner of capital
21	21	3asset management and maintenance, in consultation with the commissioner of agricultural
22	22	4resources, may execute a certificate of release for portions of 3 parcels of land subject in part or
23	23	5in whole to an agricultural preservation restriction granted to the commonwealth by the town of
24	24	6Raynham. The release of the restriction shall be to enable the town to: (i) construct a public
25	25	7safety facility; (ii) widen King Phillip street including, but not limited to, straightening,
26	26	8improving drainage and providing for a shared use path on the western side of the street; and (iii)
27	27	9address property delineation issues involving recreational fields. All portions of parcels to be
28	28	10released from the agricultural preservation restriction are shown on plan of land entitled “Borden 2 of 6
29	29	11Colony Concept Plan”, dated June 3, 2024, prepared for the town of Raynham by Greenman-
30	30	12Pedersen, Inc., a copy of which shall be recorded in the Bristol northern district registry of deeds.
31	31	13Further detail on the portion of the parcel for the public safety facility is shown on a survey plan
32	32	14entitled “Raynham Public Safety Project King Phillip Street”, dated September 13, 2021,
33	33	15prepared for the town of Raynham by Lighthouse Land Surveying, LLC, a copy of which the
34	34	16town of Raynham shall also record in the Bristol northern district registry of deeds. The portions
35	35	17of parcels to be released are described in a deed recorded in the Bristol northern district registry
36	36	18of deeds in book 2176, page 297 and further identified as: (i) approximately 435,538 square feet
37	37	19(10.0 acres) of 2254 King Phillip street for the public safety facility, which is part of parcel 11-
38	38	20256-0 on the town’s assessors’ maps; (ii) approximately 86,547 square feet (1.99 acres) of 2254
39	39	21King Phillip street for the public way widening of King Phillip street, which is part of said parcel
40	40	2211-256-0 ; (iii) approximately 4,209 square feet (.10 acres) of 2215 King Phillip street for the
41	41	23public way widening of King Phillip street, which is part of parcel 11-256-B on the town’s
42	42	24assessors’ maps; (iv) approximately 15,699 square feet (.36 acres) of 2215 King Phillip street for
43	43	25shared use path purposes, which is a portion of said parcel 11-256-B; (v) approximately 101,891
44	44	26square feet (2.34 acres) of 0 King Phillip Street for shared use path trailhead purposes, which is a
45	45	27portion of parcel 11-256-C on the town’s assessors’ maps; and (vi) approximately 40,692 square
46	46	28feet (.93 acres) for recreational use easement purposes, which is part of said parcel 11-256-B.
47	47	29 (b) If the parcel authorized for release for the public safety facility pursuant to clause (i)
48	48	30of the second sentence of subsection (a) is proposed to be sold or transferred to an entity or
49	49	31person for purposes other than the public safety facility or ceases to be used for public safety
50	50	32purposes by current or future owner, the agricultural preservation restriction shall be reimposed
51	51	33on the parcel and any such sale or transfer is void without such reimposition, unless said original 3 of 6
52	52	34restriction has been released or discharged by the commonwealth in its entirety. This provision
53	53	35shall be included in the certificate of release and shall run with the land.
54	54	36 SECTION 2. Notwithstanding any general or special law to the contrary the department
55	55	37of capital asset management and maintenance may execute a certificate of release for portions of
56	56	382 parcels of land subject in part to a recreational use restriction for the public way widening of
57	57	39King Phillip street. All portions of parcels to be released from the recreational use restriction
58	58	40are shown on a plan of land entitled “Borden Colony Concept Plan”, dated June 3, 2024,
59	59	41prepared for the town of Raynham by Greenman-Pedersen, Inc., a copy of which shall be
60	60	42recorded in the Bristol northern district registry of deeds. The portion of parcels to be released
61	61	43are described in a deed recorded in the Bristol northern district registry of deeds in book 2176,
62	62	44page 297 and further identified as: (i) approximately 10,035 square ft (.23 acres) of 2254 King
63	63	45Phillip street, which is part of parcel 11-256-0 on the town’s assessors’ maps; and (ii)
64	64	46approximately 6,834 square ft (.16 acres) of 2215 King Phillip street, which is part of parcel 11-
65	65	47256-B on the town’s assessors’ maps.
66	66	48 SECTION 3. As a condition of the releases authorized in sections 1 and 2, the town of
67	67	49Raynham shall convey to the commonwealth: (i) to be held under the care, custody and control
68	68	50of the department of agricultural resources for agricultural protection, an agricultural
69	69	51preservation restriction as defined in section 31 of chapter 184 of the General Laws on 3 parcels
70	70	52of town-owned land identified as: (A) 0 Thrasher street, containing approximately 93,008 square
71	71	53ft (2.14 acres), shown as parcel 6A-9-A on the town’s assessors’ maps and described in a deed
72	72	54recorded in the Bristol northern district registry of deeds in book 17949, page 181; (B) 0 R
73	73	55South Main street, containing approximately 276,035 square ft (6.34 acres), shown as parcel 6A-
74	74	569-C on the town’s assessors’ maps and described in a deed recorded in the Bristol northern 4 of 6
75	75	57district registry of deeds in book 26453, page 81; and (C) 0 South Main street, containing
76	76	58approximately 117,524 square ft (2.7 acres), shown as parcel 14-99-0 on the town’s assessors’
77	77	59maps and described in a deed recorded in the Bristol northern district registry of deeds in book
78	78	6026453, page 81; (ii) to be held under the care, custody and control of the department of
79	79	61agricultural resources for agricultural protection on a portion of a certain parcel of land,
80	80	62containing approximately 435,600 square feet (10 acres), shown on a plan of land entitled
81	81	63“Borden Colony Concept Plan”, dated June 3, 2024 and prepared for the town of Raynham by
82	82	64Greenman-Pedersen, Inc., a copy of which shall be recorded in the Bristol northern district
83	83	65registry of deeds; provided, however, that the parcel will be donated to the town by a private
84	84	66landowner and is a portion of the land identified as 2254 King Phillip street, shown as parcel 6A-
85	85	679-0 on the town’s assessors’ maps and described in a deed recorded in the Bristol northern
86	86	68district registry of deeds in book 7282, page 191; and (iii) to be held under the care, custody and
87	87	69control of the department of fish and game for ecological protection and wildlife-related
88	88	70recreational opportunities a certain parcel of town-owned land located as 345 Hall street,
89	89	71containing approximately 1,960,200 square feet (45 acres), shown as parcel 3-310-0 on the
90	90	72town’s assessors’ maps and described in a deed recorded in the Bristol northern district registry
91	91	73of deeds in book 27977, page 59.
92	92	74 SECTION 4. The value of the interests in land described in this act shall be determined
93	93	75by an independent appraisal of the fair market value and value of the parcels prepared in
94	94	76accordance with the usual and customary professional appraisal practices by a qualified appraiser
95	95	77commissioned by the commissioner of capital asset management and maintenance, in
96	96	78consultation with the commissioner of agricultural resources. The commissioner of capital asset
97	97	79management and maintenance shall submit any such appraisals to the inspector general for 5 of 6
98	98	80review and comment. The inspector general shall review and approve the appraisals and the
99	99	81review shall include an examination of the methodology utilized for the appraisals. The inspector
100	100	82general shall prepare a report of such review and file the report with the commissioner of capital
101	101	83asset management and maintenance. After receiving the report, the commissioner shall submit
102	102	84copies of the report to the house and senate committees on ways and means and the joint
103	103	85committee on state administration and regulatory oversight at least 15 days prior to the execution
104	104	86of any documents effecting the conveyance authorized in this act.
105	105	87 SECTION 5. As consideration for the certificates of release authorized in sections 1 and
106	106	882, the town of Raynham shall transfer land or interests therein to the commonwealth to be held
107	107	89by the department of fish and game or the department of agricultural resources, as the case may
108	108	90be, that shall be of equal or greater acreage and natural resource value than the parcels described
109	109	91in said sections 1 and 2 and authorized to be released from the agricultural protection restriction
110	110	92or recreation restriction. If the appraisals conducted pursuant to section 4 determine that the fair
111	111	93market value or value in use, whichever is greater, of the land and interests in land to be
112	112	94conveyed to the commonwealth pursuant to section 3 is less than the corresponding value of the
113	113	95land authorized for release pursuant to said sections 1 and 2, the town shall compensate the
114	114	96commonwealth in an amount equal to 110 per cent of the difference, minus the value of the
115	115	97recreational use restriction to be released pursuant to said section 2. The town shall pay such
116	116	98sum to the department of agricultural resources for deposit into the Agricultural Preservation
117	117	99Restriction Mitigation Expendable Trust Fund to be used to acquire new agricultural preservation
118	118	100restrictions, including due diligence costs, pursuant to the rules and regulations of the
119	119	101department. If the town pays a sum of money for deposit, it shall further deposit an amount
120	120	102equal to the remainder of the difference, corresponding to the value of the recreational use 6 of 6
121	121	103release pursuant to said section 2 in a fund dedicated to the conservation of land for recreational
122	122	104and open space purposes in the town.
123	123	105 SECTION 6. The town of Raynham shall assume all costs associated with engineering,
124	124	106surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner
125	125	107of capital asset management and maintenance for any release or conveyance authorized in this
126	126	108act.