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  • Acts
  • 2004
  • Chapter 159 AN ACT AUTHORIZING THE DEPARTMENT OF HIGHWAYS TO ACQUIRE CERTAIN PARCELS OF LAND IN THE TOWN OF BOURNE.

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. The department of highways may acquire by eminent domain, purchase or otherwise certain parcels of land, herein described in section 2, from the town of Bourne. The parcels shall be diverted from their present uses as open space and as a fire station to a highway use.

SECTION 2. The description of the above referenced parcels is as follows:

Parcel U: A parcel of land dedicated to an open space use supposed to be owned by the town of Bourne, adjoining the westerly sideline of the 1936 Layout Alteration of the Scenic Highway (Route 6) (L.O. No. 3180) and bounded as follows: Beginning on the westerly, line of said Route 6 layout at the southeasterly corner of the parcel hereinafter described; thence northeasterly along said layout a curve to the left having a radius of about 1,031.1 meters (3,383 feet) a distance of about 88.8 meters (291 feet); thence northeasterly a distance of about 79.7 meters (261 feet); thence along a curve to the right having a radius of about 858.6 meters (2,817 feet), a distance of about 461.2 meters (1,513 feet); thence leaving said Route 6 layout and continuing northwesterly along land now or formerly of Joseph F. Sorenti, Louis D. Papi and, Judith A. Papi, Trustees of Papi Family Nominee Trust, a distance of about 40.4 meters (133 feet) to a point; thence southwesterly along a curve to the left having a radius of about 970.1 meters (3,183 feet, a distance of about 34.8 meters (114 feet); thence southwesterly a distance of about 60.0 meters (197 feet); thence southwesterly a distance of about 77.8 meters (255 feet); thence southwesterly a distance of about 64.1 meters (210 feet) to a point on a curve to the left having a radius of about 887.4 meters (2,911 feet); thence along said curve to the left a distance of about 218.7 meters (718 feet); thence southwesterly a distance of about 79.7 meters (261 feet) to a point on a curve to the right having a radius of about 1,027.5 meters (3,371 feet) a distance about 88.4 meters (290 feet) to a point on the westerly sideline of land now or formerly of North Sagamore Water District; thence continuing southeasterly along said land of North Sagamore Water District a distance of about 3.6 meters (12 feet) to the point of beginning. Said parcel containing about 5,332.8 square meters (57,400 square feet).

Parcel TE-1: A parcel of land dedicated to an open space use supposed to be owned by the town of Bourne, adjoining the easterly line of the aforementioned Parcel U and bounded as follows: Beginning at a point about 3.6 meters (12 feet) from the westerly line of said Route 6 layout at the southeasterly corner of the parcel hereinafter described; thence northeasterly along said layout a curve to the left having a radius of about 1,027.5 meters (3,371 feet) a distance of about 88.4 meters (290 feet); thence northeasterly a distance of about 79.7 meters (261 feet); thence along a curve to the right having a radius of about 887.4 meters (2,911 feet), a distance of about 218.7 meters (718 feet); thence northwesterly a distance of about 64.1 meters (210 feet); thence northwesterly a distance of about 77.8 meters (255 feet); thence northwesterly a distance of about 60.0 meters, (197 feet); thence northwesterly along a curve to the right having a radius of about 970.1 meters (3,183 feet), a distance of about 34.8 meters (114 feet) to a point; thence leaving said Parcel U layout and continuing northwesterly along land now or formerly of Joseph F. Sorenti, Louis D. Papi and Judith A. Papi, Trustees of Papi Family Nominee Trust, a distance of about 8.7 meters (29 feet) to a point; thence southwesterly a distance of about 84.3 meters (277 feet); thence southwesterly a distance of about 39.0 meters (128 feet); thence southwesterly a distance of about 59.7 meters (196 feet); thence southwesterly a distance of about 43.2 meters (142 feet); thence southwesterly a distance of about 96.6 meters (317 feet); thence southwesterly a distance of about 84.4 meters (277 feet); thence southwesterly a distance of about 230.5 meters (756 feet) to a point on the westerly sideline of land now or formerly of North Sagamore Water District; thence continuing southeasterly along said land of North Sagamore Water District a distance of about 2.9 meters (10 feet) to the point of beginning. Said parcel containing about 5,046.3 square meters (54,317 square feet).

Parcel V: A parcel of land supposed to be owned by the town of Bourne dedicated for use as a fire station adjoining the westerly side of the Massachusetts State Highway, Sagamore Rotary, and bounded as follows: beginning at a point on the westerly line of Sagamore Rotary; thence southwesterly a distance of approximately 200 feet; thence northwesterly a distance of approximately 197 feet; thence northeasterly a distance of approximately 200 feet; thence continuing along the Massachusetts State Highway on a curve to the right of radius 150 feet approximately 161 feet; continuing along the Massachusetts State Highway a distance of approximately 47 feet to the point of beginning. The parcel containing about 43,100 square feet.

The parcels of land, hereinbefore described, are shown on a plan entitled, "Bourne-Sagamore Rotary Preferred Alternative Working Plan #4, dated April 24, 2003. The plan shall be kept on file with the chief engineer of the department of highways.

SECTION 3. The department of highways may expend funds for the functional replacement of the Bourne fire station located on parcel V described in section 2. The costs may include the cost of constructing a fire station facility that is functionally equivalent to the existing facility, including architectural and engineering costs and in compliance with existing code requirements and building laws of the town and the commonwealth. The replacement fire station facility may be constructed on a parcel of land owned by the commonwealth and under the control of the department of highways. The department of highways may acquire by eminent domain, purchase or otherwise, any land in the town of Bourne, which may be needed for the replacement fire station facility. Upon completion of the replacement fire station facility, possession of the facility shall be turned over to the town of Bourne. The commissioner of capital asset management and maintenance shall transfer the title to the facility and the real estate on which it is located to the town of Bourne.

SECTION 4. In connection with the Sagamore Rotary Project, the department of highways may construct a highway maintenance depot and a visitor's information center in the town of Bourne. Notwithstanding any general or special law to the contrary, the control and supervision of the construction of the highway maintenance depot, the visitors' information center and the replacement fire station facility referred to in section 3 shall be under the exclusive control and supervision of the department of highways.

SECTION 5. The department of highways shall take or acquire suitable lands for open space purposes to ensure that no net loss of acreage dedicated to open space occurs in the town of Bourne as result of the open space acquisitions from the town of Bourne authorized under this act. The department may enter into an agreement with the town of Bourne or any other state agency under which: (1) the department shall fund and take or acquire the lands under this section; (2) the town or other state agency shall accept title to the lands; and (3) land conveyed to the town or state agency is subject to an easement through conservation restrictions under sections 31, 32 and 33 of chapter 184 of the General Laws, to ensure the protection of open space.

SECTION 6. The Massachusetts Bay Transportation Authority and all other agencies of the commonwealth shall commence and complete all federal, state, and local permitting necessary for the extension of commuter rail services to the cities of New Bedford and Fall River and shall expend any and all necessary funds in the furtherance of this purpose. The New Bedford Fall River Commuter Rail Extension project shall be eligible and shall be a priority project for participation in any wetland banking program created by the commonwealth in order for the project to satisfy all potential and partial mitigation requirements. The secretary of the executive office of transportation and construction shall commence and complete all negotiations for right-of-way interests with the CSX Corporation for the extension of commuter rail services to the cities of New Bedford and Fall River. The secretary of the executive office of transportation and construction shall make all efforts necessary to renew, reopen and complete negotiations with the Southeastern Regional Planning and Economic Development District for the extension of commuter rail services to the cities of New Bedford and Fall River.

Approved July 2, 2004.