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Session Law

2008

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Chapter 227 AN ACT AUTHORIZING THE TOWN OF WALPOL TO RELEASE A CERTAIN RESTRICTION.

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 town of Walpole, acting by and through its board of selectmen, may release 1.80 acres of the open space buffer zone use restriction on the area of the property zoned for residential use, contained in a deed dated November 30, 2006, recorded in the Norfolk county registry of deeds in Book 24348, at Page 563. The portion of land is shown as parking on a plan entitled “Study Plan of Land in Walpole, MA” dated January 26, 2007, by Merrikin Engineering, LLP and revised on April 17 and June 3, 2008. The release will allow the parcel to be used for the following purposes only: commercial parking, lighting, fencing, underground utilities, above ground utilities, driveways, drainage facilities, water and sewer, landscaping, and filling and grading as required to perform the foregoing items. All other provisions of the restriction shall remain in effect for 99 years.

SECTION 2.
As a condition of the release authorized in section 1, the owner shall transfer a parcel of land to the town of Walpole and a parcel of land to the town of Sharon dedicated to open space or shall grant a conservation restriction, as defined in section 31 of chapter 184 of the General Laws, to each town upon 2 parcels of private land in the towns of Walpole and Sharon. The parcels are more particularly described as “Proposed Open Space 2” and “Proposed Open Space 3” on the plan referenced in section 1 and consist of .21 acres and 1.59 acres respectively and shall be under the jurisdiction of the conservation commission of the town in which they are located.

In the alternative, the town of Walpole shall transfer a parcel of land totaling 1.80 acres under the care, custody, management and control of the board of selectmen and dedicated for general municipal purposes to the conservation commission to be dedicated for conservation purposes or the town shall acquire a parcel of land or a conservation easement, as defined in said section 31 of said chapter 184. Such land or easement shall be dedicated to conservation purposes and under the jurisdiction of the conservation commission of the town. The parcel or parcels dedicated pursuant to this section shall be of equal or greater size and value to the 1.80 acre parcel described in section 1, as determined by the conservation commission as herein provided.

SECTION 3. If the land conveyed pursuant to section 1 ceases to be used for the purposes described in said section 1, the land shall revert back to the town of Walpole for open space buffer zone use.

Approved July 31, 2008


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