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  • Acts
  • 1998
  • Chapter 278 AN ACT AUTHORIZING THE SIMULTANEOUS LAND EXCHANGE OF CERTAIN PARCELS OF LAND BETWEEN THE TOWN OF PROVINCETOWN, THE COMMONWEALTH AND THE UNITED STATES OF AMERICA.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith an exchange of land between the town of Provincetown, the commonwealth and the United States, 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 the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of the division of capital planning and operations is hereby authorized and directed, in the name of and on behalf of the commonwealth, to convey to the United States of America, by and through the National Park Service, by deed, a parcel of land located in the town of Provincetown, presently under the control of the Massachusetts highway department being used for highway purposes, said land being described in section 2. The consideration for such conveyance shall be $1.00.

SECTION 2. The parcel of land to be conveyed under the provisions of section 1 is described as follows:

The parcel of land known as "Site 4" which is a portion of the Route 6 right-of-way owned by the commonwealth by and through the Massachusetts highway department, containing 11.157 acres, more or less, as shown on a plan entitled "Plan of Land in Provincetown delineating a Proposed Land Swap as prepared for Commonwealth of Massachusetts" dated July, 1996 prepared by William N. Rogers, P.E., P.L.S., Off Cemetery Road, Provincetown, Mass., said plan to be recorded with the Barnstable registry of deeds.

Said parcel was acquired by the commonwealth for highway purposes under the authority of and in accordance with the provisions of section 7E of chapter 81 of the General Laws on September 8, 1953 and is a portion of the parcel shown in Massachusetts Highway Layout in Provincetown, Layout 4070, Roll L-36, Frame 55.

SECTION 3. Such deed conveying the property described in section 2 by or on behalf of the commonwealth shall be executed and delivered to the United States of America only upon simultaneous execution and delivery by the United States of America of a deed to the town of Provincetown conveying a parcel of land located in said town of Provincetown, presently under the control of the National Park Service, being used as part of the Cape Cod National Seashore, said land being described in section 4. The consideration for such conveyance shall be $1.00.

The deed conveying the property described in said section 2 shall not be executed and delivered to the United States of America unless such deed provides that said property shall be used only for the purposes and subject to the conditions set forth in chapter 777 of the acts of 1962.

SECTION 4. The land to be conveyed to the town of Provincetown under the provisions of section 3 is described as follows:

The parcel of land known as "Site 9", so called, the Provincetown Sanitary Landfill site, which is a portion of land owned by the United States of America, by and through its National Park Service, containing approximately 7.62 acres, more or less, including the locus of the temporary solid waste transfer and recycling facility, + 5.92 acres, together with the layout of the existing access road, + 1.7 acres, between said facility and the property now or formerly owned by Miriam A. Collinson on Race Point road, all as shown on a plan entitled "Proposed Land Acquisition Located in Provincetown, Mass." dated September 29, 1994, revised April 3, 1996, prepared by Joseph J. Borgesi, P.E., a copy of which is on file in the office of the Provincetown town clerk; and to be more particularly described and platted by a Massachusetts registered land surveyor, said plan to be recorded with the Barnstable registry of deeds.

Said parcel was acquired by the United States of America, by and through its National Park Service, as part of the Cape Cod National Seashore from the commonwealth under the authority of and in accordance with the provisions of chapter 777 of the acts of 1962 and is recorded in the Barnstable county registry of deeds, in Book 1361, Page 1165.

The use of the lands to be conveyed to the town of Provincetown shall be subject to the following deed restrictions:

The operation and maintenance of the site of the transfer station and recycling facilities, hereinafter referred to as the transfer station site, shall be conducted in accordance with all maps, permits, environmental requirements, licenses, and approved operating plans, as set forth in 36 Code of Federal Regulations Part 6 pertaining to Solid Waste Sites in Units of the National Park System; the Massachusetts solid waste regulations, 310 CMR 19.00, issued by the Massachusetts department of environmental protection; and applicable local law, including amendments to such laws or regulations issued after the date of this conveyance. In the event of a conflict between a requirement of the National Park Service and a requirement of state law or regulation, the more stringent shall prevail.

Use of the transfer station site shall be restricted to waste management activities and other public-serving municipal purposes. Upon cessation of such activities, all structures shall be removed and the site shall be restored and revegetated.

The town of Provincetown shall plant and maintain a vegetation screen both on and off the transfer station site to shield activities from view from the road and from adjacent developments.

Prior to said town's altering (1) the scope of said town's solid waste transfer or recycling programs at the transfer station site, (2) the number or capacity of facilities or utilities, or (3) any construction or improvement, said town shall consult with the Superintendent of the Cape Cod National Seashore to achieve concurrence.

If traffic congestion at the transfer station site causes vehicle back-ups on the access road affecting Race Point road, said town shall respond immediately to public safety concerns and shall devise a long-term remedy to eliminate the adverse effects of noise, vehicle emissions, and traffic.

No structure on the site shall exceed 22 feet above the contours as per as-built drawings of the transfer station existing as of the date of the conveyance, subject to a visual analysis.

Said town shall notify the Superintendent promptly if any archeological resource or historical object is discovered at the transfer station site and shall take all appropriate actions necessary to protect such resources or objects.

Said Superintendent and other National Park Service representatives may enter the transfer station site during normal business hours for any purpose related to the administration of the aforesaid deed restrictions and at any time for purposes related to emergency, law enforcement, or public resource or public safety concerns.

In the event of a disagreement, a binding dispute resolution process may be sought using mediators or other alternative dispute resolution procedures.

SECTION 5. The restriction on the use of the lands conveyed by the commonwealth to the United States of America as set forth in Condition No. 8 of the deed recorded in Book 1361, Page 1162 with the Barnstable county registry of deeds or in subparagraph (4) of section 4 of chapter 777 of the acts of 1962, is hereby waived and released for the parcel described in section 4 of this act.

Approved August 10, 1998.