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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO RELEASE A RESTRICTION IN THE TOWN OF PETERSHAM.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the department of conservation and recreation to release a watershed preservation restriction over a portion of certain land in the town of Petersham, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Notwithstanding sections 32 to 37 of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, may release an area of land from a watershed preservation restriction, within the meaning of section 31 and with the benefit of 32 of chapter 184 of the General Laws, which is currently under the care and control of the department of conservation and recreation and held for watershed preservation purposes, subject to the requirements of this act and any additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance may determine in consultation with the commissioner of conservation and recreation. The watershed preservation restriction is recorded in the Worcester South district registry of deeds in book 56243, page 62. The portion of the watershed preservation restriction authorized for release (i) shall be located adjacent to the southerly boundary of parcel 135 as the boundary is shown on the plan recorded in said registry of deeds in plan book 923, plan 38, hereinafter the “restriction plan”, (ii) may be delineated to address an existing septic system encroachment upon the area subject to the watershed preservation restriction, and (iii) shall be shown on a survey plan acceptable to the division and department. The division may make minor modifications to the area and the survey plan in order to carry out the purposes of this act, prior to finalizing the transaction and recording the survey plan. 

SECTION 2. Prior to finalizing the release authorized under section 1, the owners of parcels 134 and 135, as shown on the restriction plan, shall complete an exchange of land consisting of the land subject to the release authorized under section 1 and a portion of parcel 135. The size and boundaries of the land exchange shall be acceptable to the department of conservation and recreation, and shall be shown on the survey plan required in section 1. Prior to the division of capital asset management and maintenance executing and recording the release authorized in section 1, to ensure a no-net-loss of lands protected for natural resource purposes, the watershed preservation restriction shall be amended, for no monetary consideration, to the satisfaction of the department of conservation and recreation, to include the land covered by the land exchange not presently subject to the watershed preservation restriction.

SECTION 3. Notwithstanding any general or special law to the contrary, the Hardwick Road Realty Trust shall be responsible for all costs and expenses associated with the release and conveyances made pursuant this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering surveys, appraisals or document preparation.

Approved, August 9, 2018.