Taunton commission accepts deed restricting 745 John Hancock Road to conservation

The Taunton Conservation Commission voted Jan. 13 to accept a deed conveying 745 John Hancock Road to the commission and restricting the roughly 36‑acre parcel to conservation use in perpetuity.

Attorney Matt Kosta of the Taunton Law Department told commissioners the parcel — identified in presentations as the Attleboro Junction site off John Hancock Road Extension — has a long municipal history and is now being offered to the commission with a deed that would constrain future use. "It's good in perpetuity," Kosta said of the draft conservation deed, adding that the conveyance would be subject to the protections of Article 97 of the Massachusetts Constitution.

The deed package and discussion matter because Article 97 requires a two‑thirds vote of the state Legislature and replacement land of equal conservation value before conserved land can be converted to another use, a procedural barrier Kosta described as "very onerous" and one that makes removal from conservation rare.

Kosta reviewed the parcel's history for the commission: parts of the property were railroad land and later changed hands; the Taunton Municipal Lighting Plant (TMLP) sold a portion to a private owner in 1999 for $36,000, and the city later acquired the property and easement rights. The finance office informed Kosta the city still carries about $2,000,000 on the acquisition note. The parcel was appraised in 2023 at $2,180,000, with the appraiser listing industrial use as the highest and best use at that time. Kosta told the commission the city acquired a replacement easement in 2024 — a 30‑foot crossing of the railroad from John Hancock Road Extension — which addresses prior access problems when the parcel was landlocked.

Public comment came from Maureen Mosier, a nearby resident, who read a draft of the deed into the record and described wildlife and wetland features on the property. "It's a great little piece...it's got a ton of wildlife on it," Mosier said, urging support for conservation. Kosta and commissioners also discussed prior municipal interest in industrial uses for the parcel (including a trash‑to‑energy concept discussed in the early 2000s), neighborhood opposition to industrial redevelopment, and how the municipal council in September 2024 voted to restrict the parcel to conservation purposes.

After limited further discussion and an invitation to view the draft deed, a motion to accept the deed was made, seconded, and approved by the commission. The motion record in the meeting shows the commission voted "Aye"; individual roll‑call votes were not specified in the transcript.

The deed, as described at the meeting, would convey the parcel to the Taunton Conservation Commission "to be held exclusively for conservation purposes" under Mass. Gen. Laws c. 40, § 8C and subject to Article 97 protections of the Massachusetts Constitution. Kosta said removing the parcel from conservation in the future would require municipal action, special legislation, and a two‑thirds vote of the state Legislature, plus replacement conservation land of equal value.

Next steps indicated during the meeting: commissioners were shown the draft deed and the commission accepted the conveyance; the deed includes references to recorded easements and prior deeds, and Kosta said he would fill in dates and finalize the draft language for execution. The municipal council previously voted to restrict the parcel (September 2024); the commission's acceptance is the next local step in holding the parcel as conservation land.

Commissioners and staff emphasized the deed's durability under Article 97 but acknowledged that, in theory, future actions at municipal or state levels could change the status only through the lengthy statutory and constitutional process described at the meeting. The finance office's outstanding balance on the acquisition note and the property's appraisal and wetland features were also recorded in the discussion.