HOUSE DOCKET, NO. 4210        FILED ON: 5/5/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3751

The Commonwealth of Massachusetts

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PRESENTED BY:

Sally P. Kerans and Joan B. Lovely

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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 town of Danvers to convey and acquire certain property.

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PETITION OF:

HOUSE DOCKET, NO. 4210        FILED ON: 5/5/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3751

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the town of Danvers to convey and acquire certain property.

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 the provisions of Chapter 30B, section 16 (c), (d), (e) and (f) of the General Laws, Chapter 132A, Section 11 of the General Laws, or any other general or special law to the contrary, the Board of Selectmen, on behalf of the Town of Danvers, is authorized to convey to the Danvers Historical Society, two (2) parcels of land located between Ingersoll Street and Forest Street in the Town of Danvers, reserving to the Town of Danvers and its successors in interest an easement shown as Access Easement A within Parcel A on the plan described below to use the gravel roadway located within said Access Easement A for all purposes for which streets are commonly used in the Town of Danvers. Said parcels of land are shown as Parcel A, containing approximately 127,475 square feet (2.926 acres) and Parcel C, containing approximately 42,163 square feet (0.968 acres) on a plan entitled “Plan of Land of Danvers Historical Society prepared for the Town of Danvers” Scale 1” = 40’, dated June 17, 2018, prepared by Hancock Survey Associates, Inc., 185 Centre Street, Danvers, Massachusetts 01923; said conveyance shall be subject to the restriction that no building shall be located on said Parcel A and said Parcel C; and

SECTION 2. Notwithstanding the provisions of Chapter 30B, Sections 16 (c), (d), (e) and (f) of the General Laws, or any other general or special law to the contrary, the Board of Selectmen, on behalf of the Town of Danvers, in consideration for the conveyance authorized in Section 1 above is authorized to accept a conveyance from the Danvers Historical Society of two (2) parcels of land located between Ingersoll Street and Forest Street in the Town of Danvers. Said parcels of land are shown as Parcel B, containing approximately 1,588 square feet (0.036 acres) and Parcel D, containing approximately 128,638 square feet (2.953 acres) on a plan entitled “Plan of Land of Danvers Historical Society prepared for the Town of Danvers” Scale 1” = 40’, dated June 17, 2018, prepared by Hancock Survey Associates, Inc., 185 Centre Street, Danvers, Massachusetts 01923. Said conveyance shall include the gravel roadway located within Parcel B as shown on said plan. Said conveyance shall reserve to the Danvers Historical Society and its successors in interest an easement shown as Access Easement D within said Parcel D on said plan, for access to Parcel E shown on said plan;

SECTION 3. The authorization conferred by this Act is contingent upon a certain Preservation Restriction Agreement described below being amended to include within its scope Parcel A and Parcel C described in Section 1, and to exclude from its scope Parcel B and Parcel D described in Section 2. Said Preservation Restriction Agreement is entitled “PRESERVATION RESTRICTION AGREEMENT between the COMMONWEALTH OF MASSACHUSETTS by and through the MASSACHUSETTS HISTORICAL COMMISSION and the Danvers Historical Society”, is dated July 3, 2017, and is recorded with the Southern Essex District Registry of Deeds at book 36015, page 155.

SECTION 4. This act shall take effect upon its passage.

B. To authorize the Board of Selectmen to act within the scope and intent of the general public objectives of the petition to the General Court

1. To see if the Town will vote to authorize the Board of Selectmen, on behalf of the Town of Danvers, to convey to the Danvers Historical Society two (2) parcels of land located between Ingersoll Street and Forest Street in the Town of Danvers, shown as Parcel A, containing approximately 127,475 square feet (2.926 acres) and Parcel C, containing approximately 42,163 square feet (0.968 acres) on a plan entitled “Plan of Land of Danvers Historical Society prepared for the Town of Danvers” Scale 1” = 40’, dated June 17, 2018, prepared by Hancock Survey Associates, Inc., 185 Centre Street, Danvers, Massachusetts 01923, which conveyance shall reserve to the Town of Danvers and its successors in interest an easement shown as Access Easement A within Parcel A on the plan described below to use the gravel roadway located within said Access Easement A for all purposes for which streets are commonly used in the Town of Danvers; said conveyance shall be subject to the restriction that no building shall be located on said Parcel A and said Parcel C;

2. and, further, to see if the Town will vote to authorize the Board of Selectmen, on behalf of the Town of Danvers, in consideration for the conveyance authorized in item B above, to accept a conveyance from the Danvers Historical Society of two (2) parcels of land located between Ingersoll Street and Forest Street in the Town of Danvers, shown as Parcel B, containing approximately 1,588 square feet (0.038 acres) and Parcel D, containing approximately 128,638 square feet (2.953 acres) on a plan entitled “Plan of Land of Danvers Historical Society prepared for the Town of Danvers” Scale 1” = 40’, dated June 17, 2018, prepared by Hancock Survey Associates, Inc., 185 Centre Street, Danvers, Massachusetts 01923. Said conveyance shall include the gravel roadway located within said Parcel B as shown on said plan. Said conveyance shall reserve to the Danvers Historical Society and its successors in interest an easement shown as Access Easement D within said Parcel D on said plan, for access to Parcel E shown on said plan. Said authorization is on such terms and conditions as the Board of Selectmen shall deem to be in the best interests of the Town of Danvers, provided that the Town of Danvers shall not pay any money for the acquisition of Parcel B and Parcel D;

3. The authorization conferred by this article shall include the authorization for any applicable Town of Danvers board, commission or employee to seek any federal or state permit or other approval necessary to accomplish the purposes of this article;

4. The authorization conferred by this article is contingent upon a certain Preservation Restriction Agreement described below being amended to include within its scope Parcel A and Parcel C described in item B above, and to exclude from its scope Parcel B and Parcel D described in item C above. Said Preservation Restriction Agreement is entitled “PRESERVATION RESTRICTION AGREEMENT between the COMMONWEALTH OF MASSACHUSETTS by and through the MASSACHUSETTS HISTORICAL COMMISSION and the Danvers Historical Society”, is dated July 3, 2017, and is recorded with the Southern Essex District Registry of Deeds at book 36015, page 155.

or take any other action thereon.