Skip to Content
The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO RELEASE A PORTION OF A CERTAIN PARCEL OF LAND IN THE TOWN OF BERKLEY FROM AN AGRICULTURAL PRESERVATION RESTRICTION.

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. Notwithstanding any general or special law to the contrary but subject to section 32 of chapter 7C and section 32 of chapter 184 of the General Laws, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, may execute a certificate of release for a portion of a certain parcel of land in the town of Berkley from an agricultural preservation restriction and right of first refusal held by the commonwealth, acting through the department of agricultural resources, on land currently owned by Robert A. Chamberlain, Trustee of the Elmer A. Chamberlain Revocable Trust. Title to the property was acquired by a personal representative deed recorded in the Bristol northern district registry of deeds in book 23381, page 182. The agricultural preservation restriction is recorded in the Bristol Fall River district registry of deeds in book 2093, page 269 and the right of first refusal is recorded in the Bristol Fall River district registry of deeds in book 2093, page 281.

The portion of the land to be released from the agricultural preservation restriction and right of first refusal is a parcel containing approximately 1 acre and is shown as “12 Friend Street Assessor Map 14, Lot 3” on a plan entitled “Land Owned by Elmer A. Chamberlain, Robert Chamberlain & Jacqueline Chamberlain in Berkley, Massachusetts” prepared by E. Otis Dyer, dated May 5, 2014, which shall be recorded at the Bristol northern district registry of deeds and the Bristol Fall River district registry of deeds. The following description shall replace the property description in Parcel One, and set forth as exception A. in the agricultural preservation restriction and in the right of first refusal:

A. Beginning at a spike in the northeasterly corner of land owned by Robert Chamberlain and Jacqueline Chamberlain, described as 12 Friend Street, Assessor Map 14, Lot 3; and lying in the southerly line of Friend Street; thence S 82°46’37” E 86.00 feet bounded by the said line of Friend Street; thence by the following five courses across “Town Line Farm”, so-called: S 45°26’33” W 375.00 feet, S 34°28’18” E 128.35 feet, S 55°31’42” W 50.00 feet, N 43°37’36”W 368.54 feet, and N 39°10’05” 20.00 feet to the southwesterly corner of the first mentioned Chamberlain land, North 39°-10-05’ West, 259.20 feet to a corner in the aforesaid, line of Friend Street; thence in said street line, thence S 54-59’-53”E” 94.20’, thence N 82-01’-55” E 152.71’ to the point of beginning.

In addition, Parcel Two as described in the agricultural preservation restriction and in the right of first refusal and Parcel Six as described in the right of first refusal shall be removed from the agricultural preservation restriction and the right of first refusal, as those parcels were originally included erroneously and by inadvertence.

SECTION 2. As a condition for the release authorized in section 1, an updated appraisal shall be obtained to determine the fair market value of the parcel subject to release. The appraisal shall conform to the appraisal standards of the department of agricultural resources and shall be satisfactory to the commissioner of agricultural resources and the commissioner of capital asset management and maintenance. If an updated appraisal cannot be obtained, the department may determine the fair market value in a manner satisfactory to the commissioner of capital asset management and maintenance.

SECTION 3. If the current fair market value of the parcel to be released pursuant to section 1, as determined under section 2, is greater than the current agricultural fair market value, the current owner of said parcel shall pay the difference to the department of agricultural resources to be used to acquire new agricultural preservation restrictions, pursuant to the rules and guidelines of the department.

SECTION 4. Except for the changes authorized in this act, the agricultural preservation restriction and the right of first refusal referenced in section 1 shall remain in full force and effect.

 

Approved, August 9, 2018.