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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TRANSFER OF CARE AND CONTROL OF CERTAIN PARCELS OF LAND IN THE TOWN OF BRIDGEWATER FROM THE DEPARTMENT OF CORRECTION TO THE DEPARTMENT OF FIRE SERVICES.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to facilitate the use of state property for critical public functions, 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:

SECTION 1.  Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of correction and the state fire marshal, may transfer the care and control of certain parcels of land in the city known as the town of Bridgewater from the department of correction to the department of fire services for training, education and administrative purposes.

SECTION 2.  The parcels of land to be transferred pursuant to section 1 contain approximately 18 acres, more or less, as shown on maps on file with the division of capital asset management and maintenance. The commissioner of capital asset management and maintenance, in consultation with the state fire marshal, shall determine the exact boundaries of the parcels, which may, after consultation, require the completion of a survey to be filed in the assessors’ office of the city known as the town of Bridgewater. Not less than 90 days prior to the transfer of any such parcel, the commissioner shall file a detailed description of the parcel with the house and senate committees on ways and means and shall include a certification that no such parcel was acquired or restricted under Article 97 of the Amendments to the Constitution of the commonwealth.

SECTION 3.  The department of fire services shall not be required to pay any consideration for the parcels of land to be transferred to the department of fire services pursuant to this act. Notwithstanding any general or special law to the contrary, the department of fire services shall be responsible for all costs and expenses incurred pursuant to this act as determined by the commissioner of capital asset management and maintenance, in consultation with the state fire marshal. Such costs shall include, but not be limited to, the costs of any engineering, surveys, recording fees and deed preparation related to the conveyance of the parcels pursuant to this act.

SECTION 4.  Two open fields under the care and control of the department of correction and currently used for agricultural purposes and outdoor recreation purposes shall be dedicated to agricultural purposes and outdoor recreation purposes, respectively, and protected pursuant to Article 97 of the Amendments to the Constitution of the commonwealth. The 2 open fields are located to the west of a parcel now or formerly owned by the New York, New Haven and Hartford Railroad Company, to the south of Flagg street, to the east of a parcel of land identified as parcel 3 on the city known as the town of Bridgewater assessors’ map 89 and to the north of the department of correction firing range parcel. The field to the west shall be dedicated to agricultural purposes pursuant to said Article 97 and the field to the east shall be dedicated for outdoor recreation purposes pursuant to said Article 97. The commissioner of capital asset management and maintenance, in consultation with the department of correction shall determine the exact boundaries of the parcels, which may, after consultation, require the completion of a survey to be filed in the assessors’ office of the town. 

SECTION 5.  The commissioner of capital asset management and maintenance, in consultation with the department of correction and with the approval of the city known as the town of Bridgewater, shall transfer a 10-foot wide trail easement for nonmotorized passive recreational use to the town, at no cost to the town, to be held by the conservation commission of the city known as the town of Bridgewater pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth. The trail easement shall be located within 100 feet of the Taunton river and the commonwealth boundary beginning on the north side of Summer street and the west side of the Taunton river, then northerly to the commonwealth boundary and then northwesterly along this boundary to the intersection of Summer street and a parcel of land identified as parcel 1 on the town’s assessors’ map 90. The commissioner of capital asset management and maintenance, in consultation with the department of correction and the town shall determine the exact boundaries of the parcels which may, after such consultation, require the completion of a survey to be filed in the assessors’ office of the town.  The city known as the town of Bridgewater shall be responsible for all costs and expenses incurred pursuant to this section as determined by the commissioner of capital asset management and maintenance, in consultation with the department of correction. Such costs shall include, but not be limited to, the costs of any engineering, surveys, recording fees and deed preparation related to the grant of the easement pursuant to this section.

Approved, September 16, 2020.