05/07/2018 Annual Town Meeting - Laserfiche WebLink

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Explanation: The purpose of this article is to authorize the execution of an even swap of land acreage between privately owned land and Town owned conservation land (3.72 acre areas, respectively). A portion of Mashpee conservation land known as Lopez Conservation land, located at 103 Meetinghouse Rd, contains a driveway/ easement that provides access between Meetinghouse Rd and the Lopez family residence at 127 Meetinghouse Rd. The Lopez family desires to swap an even acreage of undeveloped land on their lot (a 3.72 acre portion of their existing private land) that directly abuts Mashpee conservation land and abuts a portion of the Mashpee River. By executing this even acreage land swap, the Lopez family would no longer need an easement through conservation land to use their existing driveway by virtue of acquiring the land around it. In exchange, the Mashpee Conservation Department would receive an equal acreage piece of undeveloped private land that directly abuts existing conservation land and provides a direct connection to the Mashpee River. Acquiring this piece of land provides permanent protection for a portion of riverfront habitat, which is considered to have substantial wildlife habitat value. Additionally, this portion of land currently owned by the Lopez family provides a connective wildlife habitat corridor between two abutting parcels to the north and south, both of which are preserved as conservation land (Massachusetts Division of Fish and Wildlife and Trustees of Reservation lands respectively). The current conservation land to be swapped is comprised of upland habitat with an existing dirt driveway running through it. The Board of Selectmen recommends approval of Article 16 by a vote of 5-0. The Finance Committee recommends approval of Article 16 by a vote of 4-0-1. Vote made and passed to dispense with reading of article. Motion made by Selectman Carol Sherman. Motion: I move the Town vote to authorize the Board of Selectmen and/or the Conservation Commission to acquire title to a portion of that certain parcel of land designated on Mashpee Assessors' Map 45 as Block 50-0, located at 103 Meetinghouse Rd. in Mashpee, Barnstable County, Massachusetts, consisting of Three and Seventy Two One Hundredths (3.72 ac.) acres, more or less, as more specifically shown on the Plan of Land dated April 13, 2017, prepared for Mark and Donna Lopez by Cape & Islands Engineering (the "Plan"), by purchase from or exchange with the owners thereof for open space, conservation and passive recreation purposes, consistent with the provisions of M.G.L. Ch.40, §8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts; and, in consideration of said acquisition, to authorize the Selectmen and/or Conservation Commission to transfer and convey by sale or exchange a portion of that certain parcel of Town owned land designated on the Mashpee Assessors' Map 45 as Block 9-0, located at 127 Meetinghouse Rd. in Mashpee, Barnstable County, Massachusetts, consisting of Three and Seventy Two One Hundredths (3.72 ac.) acres, more or less, as shown on said Plan; further, to authorize the Board of Selectmen and Conservation Commission to petition the General Court for such authorization and approval as may be required under Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts to effect the exchange of land proposed herein; and to authorize the Board of Selectmen and Conservation Commission to enter into all agreements and execute any and all instruments on behalf of the Town, upon such terms and conditions as they shall deem to be in the best interest of the Town, to effect said exchange of real property interests. Motion passes unanimously at 8:02 PM. 20