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<br />
<br />Laws, Ch. 40, §8C, and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, the parcels
<br />of land totaling 32 acres, more or less, identified on the 2021 Mashpee Assessors' Map as Map 68 Blocks 5 and 6, Map 75
<br />Block 1, that portion of Map 74 Block 16 lying east of a line running from that point on the south side of the layout of State
<br />Route 28 lying directly opposite the southernmost corner of Map 67 Block 9 to the northernmost corner of Map 74 Block 17,
<br />that portion of Map 75, Block 10 lying southeast of Map 68 Block 5 and Map 75 Block 1, and the remainder of Trout Pond, by
<br />completing the following steps by October 1, 2023:
<br />1. Contact the property owner(s) to discuss and negotiate the acquisition, purchase and/or acceptance of the land by the
<br />Town, and if the Town and the property owner(s) cannot reach a mutual agreement, to proceed with an eminent domain
<br />taking per MGL Chapter 79; and
<br />2. Prepare an update of the Town’s current Open Space Conservation & Recreation Plan for submission to and approval by
<br />the Commonwealth of Massachusetts Division of Conservation Services and Secretary of Energy and Environmental
<br />Affairs to re-qualify the Town for approval and receipt of State LAND and PARC grants and grants from the Federal
<br />Land & Water Conservation Fund; and
<br />3. Complete all the steps, including appraisals, necessary to apply for, accept and expend any funds which may be provided
<br />by the Town, the Commonwealth, the United States Government, or other public or private source to defray a portion or
<br />all of the costs of acquiring or purchasing said property, including but not limited to, funding under the Community
<br />Preservation Act, General Laws, Ch. 44B, and/or the Self-Help Act, General Laws, Ch. 132A, Section 11, and/or the
<br />Federal Land & Water Conservation Fund, P.L. 88-568, 78 Stat 897; and
<br />4. Include and place on the Spring Annual Town Meeting Warrant in 2023 an Article to see if the Town will:
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<br /> a. authorize the Board of Selectmen to raise and appropriate, transfer from available funds, and/or borrow a sum
<br />to fund the foregoing acquisition or purchase and all costs incidental or related thereto; provided, however,
<br />that the sum is listed and does not exceed the appraised market value of the said parcels as determined by
<br />appraisal(s) done in compliance with the Uniform Standards of Professional Appraisal Practice and approved
<br />by any State or Federal agencies from whom grants are to be sought; and
<br />b. authorize the Board of Selectmen and Conservation Commission to apply for grants under the State’s LAND
<br />program and/or the Federal Land & Water Conservation Fund, or any other funding source, and enter into all
<br />agreements and execute any and all instruments as may be necessary on behalf of the municipality to affect
<br />this purchase and to obtain reimbursement funding for any funds expended to purchase said lands;
<br />c. authorize the Board of Selectmen to grant to a governmental agency or non-profit organization, for no
<br />consideration, a perpetual Conservation Restriction, pursuant to the provisions of General Laws, ch. 184, §31
<br />through §33, limiting the use of the property to the purpose for which it was acquired, to be recorded at the
<br />time of closing or within a reasonable amount of time thereafter; and
<br />d. authorize the Conservation Commission to assume the care, custody, control and management of the property,
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<br />or to take any other action relating thereto. Submitted by Petition
<br />Explanation: This article authorizes the Selectmen to acquire, by purchase, gift, eminent domain, or otherwise for conservation,
<br />open space and recreation the Trout Pond area, a Town treasure. Pre-contact artifacts have been found here. Endangered and
<br />threatened species rely on this area. Forestalling development here will help the beleaguered Mashpee River.
<br />The Board of Selectmen makes no recommendation of Article 24 by a vote of 4-1
<br />The Finance Committee does not recommend approval of Article 24 by a vote of 6-0
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<br />Motion Made By Gregory Auger:
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<br />I move the Town vote to approve Article 24 as printed in the warrant with the exception of the phrase “or take any other
<br />action relating thereto.”
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<br />Motion to indefinitely postpone passes at 8:49 PM
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<br />Article 25
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<br />To see if the Town will vote to instruct the Town Select Board to begin each meeting with an acknowledgement of land, which
<br />affirms that the present Town of Mashpee is established upon land long occupied by the Mashpee Wampanoag people for at
<br />least the past 10,000 years.
<br /> Submitted by Petition
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