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Session Law

2007

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Chapter 45 AN ACT RELATIVE TO THE RELOCATION AND ALTERATION OF THE LAYOUT OF HIGH POLE HILL ROAD IN THE TOWN OF PROVINCETOWN.

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 21 to 24, inclusive, of chapter 82 of the General Laws, the board of selectmen of the town of Provincetown may from time to time relocate and alter the layout of High Pole Hill road, a public town way laid out by the selectmen, reported for acceptance on October 25, 1853 and accepted by the town of Provincetown on November 15, 1853, and further laid out by the selectmen, reported for acceptance on January 27, 1862 and accepted by the town of Provincetown on February 10, 1862, the relocation and alteration to become effective upon vote of the board of selectmen that public convenience and necessity require the relocation and alteration, and filing of an order of relocation and alteration and plan of relocation and alteration with the town clerk and acceptance by vote of the town meeting is not required under this act, provided that the necessary land or interest in land for the relocation and alteration is acquired by gift or purchase under this act or by eminent domain if a waiver of appraisal and damages is given by the owner of the land affected by the taking; and provided, further that the acquisition of the necessary land or interest shall be accomplished within 1 year of the filing of the order of relocation and alteration and plan with the town clerk or the relocation and alteration shall be void, but may be re-voted under this act.

SECTION 2. The board of selectmen of the town of Provincetown may acquire by gift from the Cape Cod Pilgrim Memorial Association of Provincetown, a Massachusetts non-profit corporation, its successors and assigns hereinafter referred to as the association, the fee ownership interest or an easement for all purposes for which public ways are used within the town of Provincetown within the layout of High Pole Hill road, as the layout may change from time to time, and may accept a deed of the fee or the easement subject to a restriction whereby the board of selectmen is obligated to further alter the layout of High Pole Hill road to another reasonably convenient location if requested to do so by the association and if the association grants to the town of Provincetown the necessary easement or fee within the layout of High Pole Hill road as so further altered and bears the design and construction cost of the further alteration.

SECTION 3. The board of selectmen of the town of Provincetown in connection with the alteration of layout of High Pole Hill road from time to time, may, for consideration as the selectmen shall consider appropriate, which may be nominal consideration, release to the owner of the underlying fee in the land within the layout all right, title and interest of the town of Provincetown in the land and, if the land within the layout is held in fee by the town of, the board of selectmen of the town of Provincetown may grant a release deed to the association of said land, including without limitation the land shown as “West Approach – East Approach” on the plan titled “Plan of Land in Provincetown,” prepared by George F. Clements., CE., dated January 21, 1938, filed with land registration office on April 11, 1938 as Plan No. 16813A, notwithstanding the requirements of sections 15 and 15A of chapter 40 of the General Laws.

SECTION 4. The association may grant to the town of Provincetown the fee of ownership interest or an easement for all purposes for which public ways are used within the town of Provincetown within the layout of High Pole Hill road, as the layout may change from time to time, notwithstanding that the land within the layout is part of the land granted to the association by the commonwealth by deed dated February 8, 1960, recorded with the Barnstable county registry of deeds in Book 1071, Page 23, pursuant to chapter 421 of the acts of 1959 and the conveyance, or the use of a portion of the land as a public town way rather than a free public parking area shall not cause all or any portion of the land to revert to the commonwealth, notwithstanding said act.

SECTION 5. Nothing in this act shall prevent the town of Provincetown from acting with respect to High Pole Hill road as provided in sections 21 to 24, inclusive, of chapter 82 of the General Laws should the town prefer to proceed under the General Laws, and should the town proceed under the General Laws, nothing shall prevent the town from exercising its power of eminent domain under chapter 79 of the General Laws with respect to High Pole Hill road.

SECTION 6. This act shall take effect upon its passage.

Approved June 7, 2007.

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