HOUSE DOCKET, NO. 3599        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3651

The Commonwealth of Massachusetts

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PRESENTED BY:

Natalie M. Blais and Adam G. Hinds

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the release of certain land in the town of Cummington from the operation of an agricultural preservation restriction.

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PETITION OF:

HOUSE DOCKET, NO. 3599        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3651

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act authorizing the release of certain land in the town of Cummington 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. Notwithstanding any general or special law to the contrary, the commissioner of agricultural resources may release a certain portion of the agricultural preservation restriction granted to the commonwealth by the trustees of the Massachusetts Farm and Conservation Lands Trust in an instrument dated December 12, 1983, recorded in Hampshire county registry of deeds at book 2413, page 82. The parcel is shown as “Parcel A” on a plan entitled "Plan of Land in Cummington, Massachusetts Prepared For Town of Cummington", dated May 21, 2018 prepared by Holmberg & Howe Land Surveyors and  contains approximately 33,075 square feet.

The parcel is more particularly bounded and described, according to said plan, as follows:

Beginning at a point at a stone wall intersection at the northwest corner of land of the town of Cummington known as the Bryant cemetery said point being N 24º24’21” E 135.73 feet from the southwest corner of the Bryant cemetery on the northeasterly side of Trow road; thence, N 24º24’21” E through land of Russel L. Sears, Jr. & Russell L. Sears, III as trustees of the Bryant farm realty trust 138.02 feet to an iron pin to be set at the northwest corner of said parcel A; thence, S 63º30’43” E through said land of Bryant farm realty trust 233.89 feet to an iron pin to be set at the northeast corner of parcel A; thence, S 21º06’06” W through said land of Bryant farm realty trust 140.73 feet to a point at the stone wall intersection at the northeast corner of said Bryant cemetery; thence, N 62º59’41” W along a stone wall and said Bryant cemetery 242.10 feet to the point of beginning.

Except as partially released by this act, the agricultural preservation restriction shall remain in full force and effect.

The parcel shall only be used for cemetery purposes. Construction of a cemetery shall be supervised by the department of agricultural resources.  If the parcel is sold or transferred to an entity or person for purposes other than the cemetery purposes or ceases to be used for cemetery purposes by the current or future owner, the agricultural preservation restriction shall be reimposed on the parcel, unless said restriction has been released or discharged by the commonwealth in its entirety.

SECTION 2.  This act shall take effect upon its passage.