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Session Law

2010

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Chapter 247 AN ACT AUTHORIZING THE TOWN OF BREWSTER TO USE CERTAIN TOWN-OWNED LAND FOR GENERAL TOWN PURPOSES, INCLUDING RENEWABLE ENERGY PROJECTS.

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 any general or special law to the contrary, the land that on November 17, 1997 the inhabitants of the town of Brewster voted to take by eminent domain for municipal purposes and that on January 6, 1998 the selectmen of the town of Brewster took for the purpose of public water supply, watershed protection, passive recreation and for other public purposes is thereby placed under the care, custody, control and management of the selectmen for general town purposes which shall include, but shall not be limited to, public water supply, watershed protection, passive recreation and renewable energy projects developed by the town or by parties with whom the town may contract.

SECTION 2. The land described in section 1 is shown on the Brewster assessors’ map 46 as parcels 12-2, 12-3 and 12-5, and it is described in the “Order of Taking by Eminent Domain of Land in Brewster, Barnstable County” which was recorded and registered on January 6, 1998 and which took the land described in land court certificate of title 141983 as lot 2 and lot 3 and in the deed recorded in book 5502, page 7 of the registry of deeds of the county of Barnstable.

SECTION 3. As a condition of the change in use authorized in section 1, if the parcel is used for renewable energy development purposes, the town of Brewster shall transfer 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 such parcel shall be dedicated for conservation, park or water protection purposes. If no suitable parcel is available for transfer to the conservation commission, the town shall acquire a parcel of land or a conservation restriction as defined in section 31 of chapter 184 of the General Laws upon private or public land. Any land so acquired shall be placed under the jurisdiction of the conservation commission and shall be dedicated or restricted to conservation, park or water protection purposes. The parcel dedicated pursuant to this section, shall be of equal or greater size and value for conservation, park or water supply purposes as the disturbed area of the parcel described in section 1.

SECTION 4. If the land conveyed pursuant to section 1 ceases to be used for the purposes described in said section 1, the use of the land shall revert to the town of Brewster for conservation, water supply or public park purposes.

SECTION 5. This act shall take effect upon its passage.

Approved August 5, 2010


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