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  • Acts
  • 2008
  • Chapter 5 AN ACT REMOVING AN AGRICULTURAL PRESERVATION RESTRICTION IN THE TOWN OF RAYNHAM KNOWN AS THE BORDEN COLONY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to remove an agricultural preservation restriction in the town of Raynham, 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 chapter 586 of the acts of 1981 or any other general or special law to the contrary, the agricultural preservation restriction, as defined in sections 31, 32 and 33 of chapter 184 of the General Laws, which is currently held jointly by the commonwealth, acting through the commissioner of food and agriculture, and the town of Raynham, acting through its conservation commission, by virtue of said chapter 586 and by virtue of a quitclaim deed from the commonwealth, acting through the division of capital asset management and maintenance, under sections 40E and 40F of chapter 7 of the General Laws and chapter 586 of the acts of 1981, said quitclaim deed being recorded in the Bristol county northern district registry of deeds in book 2176, pages 297-305, is hereby removed from the following described portions of the land in the town of Raynham known as The Borden Colony:-
A parcel of land in the town of Raynham containing about 57,440 square feet, owned by the town of Raynham on the southerly side of Thrasher street and bounded as follows: northerly in 10 courses by the existing southerly sideline of Thrasher street about 393 feet, about 50 feet, about 243 feet, about 220 feet, about 345 feet, about 203 feet, about 119 feet, about 107 feet, about 174 feet, and about 57 feet, respectively; northeasterly by the southwesterly sideline of an unnamed road about 57 feet; southerly in 9 courses by the location line of the 2003 town layout of Thrasher street about 74 feet, 160.21 feet, 173.93 feet, 96.03 feet, 320.66 feet, 753.49 feet, 207.97 feet, 298.70 feet, and 50.31 feet, respectively; and westerly by land now or formerly of King Philip Realty Trust about 33 feet.

A parcel of land in the town of Raynham containing about 1,500 square feet, presumed to be owned by the town of Raynham on the southerly side of Thrasher street and bounded as follows: northwesterly by the existing southerly sideline of Thrasher street about 94 feet; northeasterly by land of town of Raynham about 19 feet; southeasterly by other land presumed to be owned by the town of Raynham on an unnamed road about 41 feet; and southerly by land of town of Raynham about 57 feet.

A parcel of land in the town of Raynham, containing about 18,770 square feet, owned by the town of Raynham on the southerly side of Thrasher street and bounded as follows; northerly in 2 courses by the existing southerly sideline of Thrasher Street about 415 feet and about 338 feet, respectively; easterly by the existing westerly sideline of King Philip street about 144 feet; and southerly and southeasterly in four courses by the location line of the 2003 town layout of Thrasher street 67.26 feet, 380.07 feet, 87.04 feet, and about 131 feet, respectively.

SECTION 2.
As a condition of the execution of the release authorized in section 1, the department of agricultural resources shall have received, or shall be satisfied that it shall receive, mitigation for the loss of the parcel of farmland subject to the agricultural preservation restriction prior to the execution of a certificate of release for the parcel. The town of Raynham may provide such mitigation by: (1) transferring a parcel of land under the care, custody, management and control of the board of selectmen and dedicated for general municipal purposes to the conservation commission and dedicating such parcel for agricultural purposes; (2) acquiring, if no suitable parcel can be transferred to the conservation commission, a parcel of land or an agricultural preservation restriction on private or public land as defined in section 31 of chapter 184 of the General Laws; or (3) paying the department $17,800 to use to purchase a future agricultural restriction in the vicinity of the town of Raynham. Land transferred or acquired under this section shall be dedicated or restricted to agricultural purposes and shall be under the jurisdiction of the conservation commission. The parcel dedicated under this section shall be of equal or greater size and suitability for agricultural purposes when compared to the parcel described in section 1 as determined by the department.

Approved January 17, 2008