Session Laws

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. The deputy commissioner of the division of capital planning and operations is hereby authorized, pursuant to the provisions of section forty E to forty J, inclusive of chapter seven of the General Laws, to transfer the care custody and control of three parcels of land totalling sixty acres, more or less, located in the town of Foxborough on both sides of state highway route 140, formerly controlled by the department of mental health, to the department of food and agriculture, subject to such terms and conditions as the deputy commissioner may prescribe in consultation with the department of mental health. Said parcels are described in section five.

SECTION 2. Notwithstanding the provisions of section forty F of chapter seven of the General Laws, the department of food and agriculture is hereby authorized to lease the parcels described in section five to the town of Foxborough to be managed and controlled by the Foxborough conservation commission, for a term not to exceed ten years and under such terms and conditions as are set forth in this act and as the department of food and agriculture may prescribe with the approval of the deputy commissioner of the division of capital planning and operations. Said lease may be extended by mutual agreement of the department of food and agriculture and the town of Foxborough, subject to the approval of the deputy commissioner of the division of capital planning and operations for additional terms in accordance with the provisions of section forty F of chapter seven of the General Laws. The lease shall provide that the land described as parcel one in section five may be used by the school department of the town of Foxborough for athletic fields in a manner that will not alter the agricultural value of the soils. Said school department shall submit plans for parcel one in accordance with the provisions of section six and shall be responsible for the costs of establishing and maintaining such fields. The lease shall further provided that the land described as parcels two and three in section five shall be used for agricultural and recreational purposes, in accordance with a management plan as required by section six.

SECTION 3. The town of Foxborough is hereby authorized to sublease all or part of the three parcels of land described in section five for agricultural purposes on such terms and conditions as the town may prescribe, subject to the approval of the department of food and agriculture, provided, however that the purposes of the sublease are in accordance with the terms and conditions of the lease authorized by this act between the department of food and agriculture and the town of Foxborough.

SECTION 4. As a condition of the lease described in section 2 by the department of food and agriculture to the town, there shall be established in the town treasury a guaranteed deposit fund which the treasurer of said town shall keep separate and apart from all other monies and wherein shall be kept all monies derived from the agriculture rental of the parcels described in this act. The principal and interest thereon shall be expended solely for the agricultural and recreational management of said parcels in accordance with the management plan described in section 6 of this act. Such monies shall not be used for the improvement, development or management of the parcel described as Parcel 1 in section 5 of this act if said parcel 1 is used by the school department as provided in Section 2 of this act. The town treasurer shall submit annually, on or before June thirteenth to the department of food and agriculture and to the deputy commissioner of the division of capital planning and operations a report including, but not limited to, the disbursement of any and all funds collected and deposited from the agricultural rentals, together with a complete statement from the bank wherein such monies are kept. In the event that said lease between the department of food and agriculture and the town of Foxborough is to be terminated by either party in accordance with the provisions of said lease, all monies remaining in said guaranteed deposit fund in said treasury of the town shall revert to the general fund of the commonwealth.

SECTION 5. Parcel 1 is described as follows:

Beginning at a point marking the southeasterly corner of the premises;

thence running approximately N 26 degrees W by land now or formerly of the town of Foxborough 1165.56' to a point; thence S 27 degrees 25'W 305.58' to a point;

thence southeasterly a distance of approximately 820' to a point marking the southwesterly corner of the premises and the northeasterly corner of Parcel Two; thence running northeasterly by Parcel Two approximately 420' to the point of beginning.

Said parcel contains 7.1 acres, more or less.

Parcel 2 is described as follows:

Beginning at a point on the northerly line of Walnut Street, said point being the southwest corner of the premises herein described: thence running northwesterly approximately 432.72' to a point;

thence continuing northwesterly approximately 1350' to a point, said point being the northwesterly corner of the premises and the southeasterly corner of parcel 1 described above;

thence in a Northeasterly direction approximately 420' to a point, said point being the southeasterly corner of parcel 1;

thence N 64 degrees 40' E 339.90' to a point;

thence N 66 degrees 45' E 586.08' to a point' thence N 65 degrees E 157.08' to a point, the preceding three lines taken from a plan drawn by Fred J. Wood, October, 1913 from a survey made by Henry T. Jones, December 1890, recorded with Norfolk County Registry of Deeds, Plan Book 83, Plan 4280.

Thence by land now or formerly of the Commonwealth of Massachusetts, S 36 degrees 35" 35'E, 752.19';

thence continuing by last named land S 65 degrees 45' 27" E, 85,59' to a point on the north-westerly line of Route #140; thence southwesterly by the northwesterly line of Route #140, approximately 1454' to a point at the intersection of the westerly line of Route 140 with the northwesterly line of Walnut Street; thence southwesterly by the northwesterly line of Walnut Street to a point of beginning;

Said parcel contains 43 acres, more or less.

Parcel 3 is described as follows:

Beginning at a point on the southeasterly line of Route 140, said point being the northwest corner of the premises herein described; thence S 38 degrees 25' 37" E, by land now or formerly of the Shell Oil Corporation 75.52' to a point; thence continuing S 38 degrees 25' 37" E by land now or formerly of the Trustees of the Norwood Hospital 655' to a point; thence S 52 degrees 55' 27" W by land now or formerly of the Trustees of the Norwood Hospital, approximately 760' to a point; thence running northwesterly by land of the Commonwealth of Massachusetts approximately 225, to a point on the southeasterly line of Route 140; thence running northeasterly by the easterly line of Route 140 to the point of beginning.

Said parcel contains 9.5 acres, more or less.

Parcels 2 and 3 are a portion of the premises conveyed to the commonwealth by deed of Ira C. Hersey, dated June 24, 1918 and recorded with the Norfolk county registry of deeds, Book 1398, Page 556. A plan showing the three parcels is on file at the division of capital planning and operations.

SECTION 6. Prior to the execution of the lease authorized in section 2 of this act, the town shall prepare a long term management plan for the property for the approval of the Department of Food and Agriculture in consultation with the Deputy Commissioner of the Division of Capital Planning and Operations.