HOUSE DOCKET, NO. 1389        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2118

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David T. Vieira

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the town of Mashpee to convey certain town owned conservation land to Jacques and Rosalie Fresco.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1389        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2118

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act authorizing the town of Mashpee to convey certain town owned conservation land to Jacques and Rosalie Fresco.

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 the provisions of any general or special law to the contrary and pursuant to the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and in recognition of the fact that the transfer of right, title and interest in and to the below-described land by the Town of Mashpee will not derogate from or otherwise impact the protections of Article 97 which limit and restrict the use of said property to use for open space, conservation and passive recreation purposes, consistent with the provisions of Massachusetts General Laws, Chapter 40, Section 8C and said Article 97, the Select Board and Conservation Commission of the Town of Mashpee are hereby authorized to transfer and convey by sale or exchange a portion of that certain parcel of Town owned conservation land designated on the Mashpee Assessors' Map 30 as Block 19-0, located at 

0 Santuit Lane in Mashpee, Barnstable County, Massachusetts, consisting of Two Thousand Nine Hundred and Forty (2,940) square feet, more or less, as shown on the Plan of Land dated ______________________ prepared for  Jacque And Rosalie Fresco by  ________________________________________________ (the “Plan”), and, in consideration of said transfer, the Town shall be authorized to acquire title to a portion of that certain parcel of land designated on Mashpee Assessors' Map 30 as Block 20-0, located at 3 Santuit Lane, in Mashpee, Barnstable County, Massachusetts, consisting of Two Thousand Nine Hundred and Forty (2,940) square feet, more or less, as more specifically shown on said Plan by purchase from or exchange with owners thereof for open space, conservation and passive recreation purposes, consistent with the provisions of Mass. Gen. Laws. Ch. 40, Section 8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 

SECTION 2.No document or instrument conveying any interest in the subject property described hereinabove shall be valid unless such document or instrument provides that the interest in the land designated on Mashpee Assessors' Map 30 as Block 20-0, presently located at 3 Santuit Lane, shall, upon transfer to the Town of Mashpee,  be held and maintained by the Town solely for open space, conservation and passive recreation purposes, consistent with the provisions of Massachusetts General Laws, Chapter 40, Section 8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

SECTION 3.This act shall take effect upon passage.