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Commissioners authorize introduction of ordinance to transfer county land to Bourne, contingent on Article 97 approval
Summary
The board voted to introduce an ordinance authorizing sale of two county parcels in Warren/Pocasset to the town of Bourne for $730,000 and to file special legislation under Article 97 to permit the conveyance because a conservation restriction currently applies.
Barnstable County commissioners voted to introduce a proposed ordinance authorizing the conveyance of county‑owned land in Warren/Pocasset to the town of Bourne and to pursue the special‑act approval required under Article 97 of the Massachusetts Constitution.
Sharon Everett of KP Law told the board that the assembly must first pass an ordinance authorizing the sale and that, because a conservation restriction on the parcel is currently held by the town of Ware(n)/Warren, the county must seek legislative approval under Article 97 before conveying the property. "Before we can sell the property... the charter requires the assembly to pass an ordinance authorizing the sale of the property to Bourne," Sharon said, and she explained the likely sequence in which Bourne would file a petition with the General Court to transfer the conservation restriction so the interests could be swapped.
The proposed ordinance (moved and seconded during the meeting) authorizes the county to convey the parcels described as County Road in the town of Warren known as 0 County Lane and 100 Doctor Julius Kelly Lane in Pocasset, listed on plan numbers 24204A, 24204B, 24204C and 24204D in the Barnstable County Registry of Deeds, for consideration of $730,000, and authorizes commissioners to file special legislation for Article 97 approval. Commissioners noted Bourne’s town meeting authorization and expected that the town would be the primary applicant for the special‑act petition.
The board moved and seconded the ordinance introduction and the chair called the vote; the motion passed unanimously. Staff said that, because there is no change in use and the conservation restriction will remain in effect but change holders, the Article 97 process is likely to move more quickly than typical approvals and the conveyance could occur by the end of the year or early next year depending on the Legislature’s schedule.
Outcome: motion to introduce the ordinance authorizing conveyance to Bourne — approved.
