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The 191st General Court of the Commonwealth of Massachusetts


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. The town of Wellfleet, acting by and through its board of selectmen or conservation commission, may grant an easement on a portion of conservation land located at 50 Beach street, currently designated as undeveloped open space, and on a portion of an adjacent undeveloped way known as Water street, also under the control of the conservation commission of the town, to the owners of the adjacent property at 40 Beach street for the purpose of allowing such owners to upgrade their existing septic system. The conservation land parcel at 50 Beach street is shown on assessors’ map 35 as parcel 26 and the grantees’ parcel is shown on said map 35 as parcel 9. The grant of the easement shall be for the installation, use, repair and maintenance of septic system components extending from a proposed well on the grantees’ property underneath such parcel, and underneath the adjacent parcel 26, a distance of approximately 60 linear feet to and within Water street to a proposed 10 x 30 foot septic leaching area, as shown on a plan prepared by the commonwealth for Edward C. Boratko et al entitled “Site Plan & Proposed Sewage Disposal System” dated January 26, 2009, revised most recently on August 19, 2010. The grant of easement shall also be for the location of pipes and appurtenances necessary to connect such components to the remainder of the septic system at the grantees’ property. The location of the proposed septic components under parcel 26 and the septic leaching area under Water street shall be undetectable and shall not impact or alter the use of those parcels as open space, and the purpose of designating such location, which is away from the salt marsh and coastal bank, shall be the preservation of the wetlands resource area of Blackfish creek.

SECTION 2. In consideration for and as a condition of the grant of easement by the town of Wellfleet authorized in section 1, the grantees shall pay to the town such amount and on such terms and conditions as the board of selectmen shall deem to be in the best interests of the town and the proceeds thereof shall be deposited in a fund dedicated to the acquisition of conservation land in the town.

SECTION 3. This act shall take effect upon its passage.

Approved, August 3, 2012.