Budget Amendment ID: FY2017-S4-977

ENV 977

Orleans Conservation Commission Land Transfer

Mr. Wolf moved that the proposed new text be amended by inserting after section 77 the following section:-

“SECTION 77A. (a) Notwithstanding any general or special law to the contrary, the conservation commission of the town of Orleans may release a 40,000 square foot portion of a parcel of land identified on the town of Orleans assessors’ map 25 as parcel 59 and further identified as “Exhibit Plan A” on a sketch plan of land entitled “CR-C1469004-C3D-SKC1”, dated April 14, 2016, prepared by Coastal Engineering Co., Inc. on file in the office of the town clerk.  The conservation restriction is recorded in the Barnstable county registry of deeds in book 13472, page 176 and registered with the Barnstable registry district of the land court department of the trial court as document number 821,302.

(b) The conservation commission of the town of Orleans may transfer the care, custody, control and management of the parcel of land described in subsection (a) to the board of selectmen for the purpose of conveying the parcel to SSJ Real Estate Holdings, LLC, a Massachusetts Limited Liability Company.

(c) Notwithstanding section 16 of chapter 30B of the General Laws or any other general or special law to the contrary but subject to

paragraphs (a), (b) and (g) of said section 16 of said chapter 30B, the town of Orleans, acting by and through its board of selectmen, may convey all or a portion of the parcel of land described in subsection (a) to SSJ Real Estate Holdings, LLC upon the terms and conditions as specified in this act and such other conditions as the board of selectmen may determine .

(d)  In consideration for the conveyance authorized in this section, SSJ Real Estate Holdings, LLC shall pay to the town of Orleans the sum of $200,000.00 and such funds shall be used by the town of Orleans as a portion of the purchase price for replacement land to be purchased by the town of Orleans.  Any such land acquired as replacement land under this section shall be held under the care, custody, control and management of the conservation commission for conservation purposes pursuant to section 8C of chapter 40 of the General Laws.”