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The 191st General Court of the Commonwealth of Massachusetts


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 water department of the town of Orange may release from water supply designation a certain parcel of land containing approximately 15 acres known as “The Point”, located at Lake Mattawa, in said town to the board of selectmen of the town of Orange for the purpose of conveying a portion of such parcel, by lot or otherwise. The land was acquired by the town water department for water supply purposes as part of a 35 acre parcel by deed dated on or about May 26, 1894 and recorded in the Franklin district registry of deeds in book 433, page 228 and the water department has determined that the 15 acres of land at Lake Mattawa is surplus property no longer needed for water supply protection purposes.

SECTION 2. Notwithstanding chapter 30B of the General Laws, but subject to paragraphs (a), (b) and (g) of section 16 of chapter 30B, the town of Orange, acting by and through its board of selectmen, may transfer or convey, by lot or otherwise, the property at “the Point” located at Lake Mattawa containing approximately 10 acres for fair market value to the current lease holders at “the Point”. The town of Orange shall retain a portion of the parcel, containing 5 acres more or less of land in the center of “the Point” as open space. The property known as “the Point” at Lake Mattawa is shown on a plan of land entitled “Plan of Land in Orange, Massachusetts Owned by the Town of Orange” dated 9 June 2005, revised 4/25/2009 and prepared by Berry Engineering, Inc.

SECTION 3. The proceeds of the disposition of the property in section 2 after expenses, shall be allocated as follows: (i) 25 per cent shall be remitted to the town water department to be held in the Water Department Land Acquisition Fund dedicated account, established pursuant to section 4, for the specific purpose of land acquisition for water supply purposes; (ii) 50 per cent of the amount remaining shall be deposited into the town treasury; and, (iii) 50 per cent of the amount remaining shall be remitted to the town of Orange water department enterprise fund to be used generally for water supply purposes and other costs associated with the development of water supply; provided, however, that if the net proceeds of such disposition is equal to or greater than $1,000,000 no less than $500,000 shall be expended for the purposes of clauses (a) and (c).

SECTION 4. Notwithstanding section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the town of Orange may establish a Water Department Land Acquisition Fund, which shall be kept separate and apart from all other monies of the town and in which shall be deposited the proceeds of those funds allocated in clause (iii) of section 3 for the purpose of said clause (iii). Any interest earned thereon shall be credited to the water department enterprise fund referred to in said section 3.

SECTION 5. This act shall take effect upon its passage.

Approved, August 3, 2012.