HOUSE DOCKET, NO. 4409        FILED ON: 8/5/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4076

The Commonwealth of Massachusetts

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PRESENTED BY:

James Arciero and Edward J. Kennedy

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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 Westford Select Board to dedicate two parcels of land currently held by the conservation commission for the Beaver Brook Road Bridge improvement project.

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PETITION OF:

HOUSE DOCKET, NO. 4409        FILED ON: 8/5/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4076

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 Westford Select Board to dedicate two parcels of land currently held by the conservation commission for the Beaver Brook Road Bridge improvement project.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION l. The town of Westford may transfer from the conservation commission to the select board a permanent easement and a temporary easement on property currently held for purposes of conservation and recreation, said easements located on property identified as assessor's map 20, lot 16, described in a deed recorded with the Middlesex north registry of deeds in book 3713, page 328, which easements are adjacent to Beaver Brook road, said

easements to be dedicated by the select board for the purposes of repairing, reconstructing, operating, maintaining and/or improving a bridge on said road, including, but not limited to, slope stabilization, guy wire and overhead wire placement, rip rap and erosion control, and future maintenance, subject to the requirements of sections 2 through 5 and to such additional terms and conditions consistent with this act as the commissioner of the division of capital asset management and maintenance, in consultation with the commissioner of the department of the executive office of energy and environmental affairs, may prescribe. The parcels of said land on which said easements are located are shown on a plan of land entitled "Massachusetts Department of Transportation Highway Division Plan and Profile of Beaver Brook Road (Bridge No. W-26-014)," revised through March 19, 2021, as follows: "parcel PUE-S-2," containing 1 ,729 square feet, more or less, and "parcel TE-4," containing 1 ,620 square feet, more or less. Prior to finalizing the transaction herein, the commissioner of the division of capital asset management and maintenance may make minor modifications to the plan and easement areas in order to carry out the purposes of this act.

SECTION 2. To mitigate impacts to public lands protected for natural resources, the commissioner of the division of capital asset management and maintenance may, in her discretion, require the town of Westford to compensate the commonwealth for the interests in land described in section 1 through the dedication of other land for conservation and recreation purposes and/or the transfer of funds, the value of such compensation, if any, to be determined by the commissioner. Any funds shall be deposited in a fund dedicated to conservation of land in the town of Westford.

SECTION 3. The commissioner of the division of capital asset management and maintenance may commission an independent appraisal of the value of the easements described

in section 1, which shall be prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser. Consideration for the grant of the above-described easement interests may be the value of the easement interests, or some lesser consideration, including nominal consideration, as determined by the commissioner of the division of capital asset management and maintenance, in her discretion.

SECTION 4. The town of Westford shall assume any and all costs associated with engineering, surveys, appraisals, deed preparation and other expenses deemed necessary by the commissioner of the division of capital asset management and maintenance to execute the dedications authorized by this act.

SECTION 5. No instrument executed pursuant to this act shall be valid unless it provides that the easements shall be used solely for the purposes described in section 1.

SECTION 6. This act shall take effect upon its passage.