Bill S.2221

SENATE DOCKET, NO. 2337 FILED ON: 11/30/2009

SENATE . . . . . . . . . . . . . . No. 2221

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act releasing certain land in Brimfield from the operation of an agricultural preservation restriction.

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 department of agricultural resources (hereafter the “department”) holds an agricultural preservation restriction (“APR”) recorded with the Hampden Registry of Deeds at Book 11476, Page 498 and Book 11544, Page 398 on land owned by Ronald Weston and Linda Weston (hereafter “Weston”; which term shall include successors in title, heirs, and assigns, as the context shall require). Under section 40E of chapter 7 and section 32 of chapter 184 of the General Laws, and notwithstanding any other general or special law to the contrary, the Secretary of Energy and Environmental Affairs shall execute a certificate of release of a portion of the land subject to the APR covering approximately 7.7 acres in total and shown on a plan dated November 10, 2008, recorded with the Hampden County registry of Deeds at Plan Book 354, Plan 93, said portion being more particularly described as follows:

Land on the easterly side of Hollow Road in Brimfield, Hampden County, Massachusetts, as shown on a plan of land entitled “Plan of land in Brimfield, MA prepared for Ronald N. & Linda M. Weston (owners)” by Roger Woods & Co., said plan being recorded with the Hampden Registry of Deeds at Plan Book 354, Plan 93, and being more particularly bounded and described as follows:

Beginning at a point on the easterly side of Hollow Road as shown on said plan;

Thence Southeasterly on two courses three hundred fifty-eight (358) feet, more or less; Thence Northeasterly ninety (90) feet; Thence Southeasterly seventy (70) feet; Thence Southwesterly ninety (90) feet; Thence Southeasterly three hundred sixty-four (364) feet more or less; Thence Northeasterly two hundred ninety-eight (298) feet, more or less;

Thence Southeasterly four hundred seven (407) feet, more or less; Thence Northeasterly three hundred eleven (311) feet, more or less; Thence Northwesterly three hundred seven (307) feet, more or less; Thence Northeasterly two hundred eighty one feet (281) feet, more or less; Thence southeasterly three hundred five (305) feet, more or less; Thence in three (3) courses one thousand sixty-two (1,062) feet, more or less; Thence Northwesterly one hundred forty (146) feet more or less; Thence Northeasterly one hundred eighty four (184 ) feet, more or less; Thence Northwesterly on two (2) courses three hundred forty-two (342) feet, more or less; Thence Southwesterly two hundred (200) feet; Thence Northwesterly ninety (90) feet; Thence Northeasterly two hundred (200) feet;

Thence Northwesterly on two (2) courses one hundred eighty-nine (189) feet, more or less; Thence Southwesterly one hundred forty (140) feet; Thence Northwesterly one hundred forty (140) feet; Thence Northeasterly one hundred forty (140) feet; Thence Northwesterly on two (2) courses three hundred twelve (312) feet to a point on the easterly side of Hollow Road; Thence N. 31 00’50" E. along said road a distance of twenty-five (25) feet, more or less to the point of beginning (referred to hereafter as “the 7.7 acre parcel”).The Commonwealth, however, and its agents and assigns, shall retain, as ancillary to and for the benefit of the land remaining under restriction, an easement and right of way to pass and re-pass in perpetuity on foot and by vehicle on all roadways, farm roads, and bridges now existing or hereafter constructed on the land herein proposed to be released, for any and all purposes set forth in the original APR as hereby amended. Notwithstanding the restricted status of land shown on the aforesaid plan as “proposed function hall access corridor,” Weston shall have the non-exclusive right to pass and re-pass on foot and by vehicle over said corridor, as ancillary to and for the benefit of the land herein released.

SECTION 2. As a condition precedent to the release of the 7.7 acre parcel from the APR, Weston and the department shall execute and cause to be recorded an amendment of the existing restriction, said amendment placing a currently unrestricted parcel of 8.0 acres, owned by Weston, under restriction in accordance with the terms and provisions of the original APR as amended, the 8.0 acres thereupon and thereafter to be subject thereto. The 8.0 acre parcel lies easterly of Hollow Road in Brimfield Hampden County, Massachusetts, and is as shown on a plan of land entitled “Plan of land in Brimfield, MA prepared for Ronald N. & Linda M. Weston (owners)” by Roger Woods & Co., said plan being recorded with the Hampden Registry of Deeds at Plan Book 354, Plan 93 and labeled as “PARCEL TO BE ADDED TO AGRICULTURAL PRESERVATION RESTRICTION AREA 8.0 acres.”

SECTION 3. As a condition subsequent to the release of the 7.7 acre parcel from the APR, Weston, and their heirs, successors, and assigns, shall cause a certain percentage as specified below of the annual total gross revenues from any commercial or other business operations on the 7.7 acre parcel, including but not limited to a wedding and banquet operation, to be annually devoted to enhancing the agricultural productivity of the remaining APR land, for so long as the 7.7 acre parcel is used for a commercial or other business purpose. For purposes of this Section, enhancements to the agricultural productivity of the remaining APR land shall be those proposed by Weston and approved by the Department, and shall fall within one or more of the following six categories:

(1) implementation of a Best Management Plan and Nutrient Management Plan for Christmas Tree production developed in accordance with industry standards, said plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Weston and the department on a two year basis; (2) implementation of a Resource Management Plan developed for all of the APR restricted land, said plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Weston and the department on a five year basis; (3) implementation of a Nutrient Management Plan developed for all of the APR restricted land, such plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Weston and the department on a five year basis; (4) implementation of a Manure Management Plan developed for Weston’s equine facility approved by the department, said plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Weston and the department: (5) development and implementation of a plan establishing Christmas tree production on the 8 acre parcel being added to the Agricultural Preservation Restriction, integrated within the Best Management Plan and Nutrient Management Plan for Christmas tree production set forth in Section 3(1) above; or 6) implementation of an approved NRCS farm plan. If Weston fails or neglects to make a proposal, the department shall select an enhancement to productivity as the department’s choice and so notify Weston.

On an annual basis commencing no later than one year after the effective date of this act, Weston shall cause a certified public accountant or professional with equivalent credential, reasonably satisfactory to the department, to provide to the department a written certification of compliance by Weston with the expenditure requirement set forth in this section. The certified public accountant or professional with equivalent credential shall have access to the original financial books and records of Weston, their successors, lessees, and assigns, and the original books and records of any other party conducting business operations on the land released under lease or other arrangement. The department shall have the authority to bring a civil action to enforce the provisions of this paragraph.

The percentages to be devoted to agriculture shall be as follows: 2% of gross revenues for the first two years of operation of the business on the 7.7 acre parcel following the effective date of this act; 4% of gross revenues for the next two years of operation following the effective date of this act; and 5% of gross revenues thereafter, provided that Weston shall not be required to expend in any single year or in the aggregate more than the annual cost of implementing a plan approved under this section.

SECTION 4. As a condition precedent to the release of the 7.7 acre parcel from the APR, Weston and the department shall execute and cause to be recorded an amendment to the existing restriction, said amendment placing under restriction that portion of the currently unrestricted 30,000 square feet of land owned by Weston that lies outside the boundaries of the land proposed to be released under Section 1. Upon the recording thereof, this portion shall be governed by the terms and provisions of the existing APR as amended, thereupon and thereafter to be subject thereto. The 30,000 square foot parcel is bounded and described as follows:

Beginning at a point on the easterly street line of Hollow Road which point is Fifty and 23/100 (50.23) feet northerly of the northwesterly corner of land now or formerly of Charles H. & Linda D. Thompson; thence running S 64° 28’ 00” E One hundred eighty three and 99/100 (183.99) feet to a point; thence turning and running S 55° 21’ 05” E Two hundred twenty four and 58/1 00 (224.58) feet to a point; thence turning and running S 60° 50’ 25” E a distance of Eight hundred seventeen and 151100 (817.15) feet to a point located in the westerly boundary line of land now or formerly of Cook, said last three courses being along land of Ronald N. and Linda M. Weston; thence turning and running N 32° 06’ 55” E Twenty five and 00/100 (25.00) feet to a point, thence turning and a running N 57° 53’ 05” W One hundred forty and 00/100 (140.00) feet to a point marking the beginning of the so called “Envelope”, thence turning and running N 32° 06’ 55” E Two hundred and 00/100 (200.00) feet, thence turning and running N 57° 53’ 05” W One hundred fifty and 00/100 (150.00) feet, thence turning and running S 32° 06’ 55” W Two hundred and 00/100 (200.00) feet, thence turning and running S 57° 53’ 05” E One hundred fifty and 00/100 (150.00) feet to said point of beginning of said “Envelope”.

SECTION 5. Except as amended by this act, the APR shall remain in full force and effect.