SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2914

Senate, July 30, 2024 - Text of the Senate amendment (Senator Cronin) to the House Bill authorizing the conservation commission of the town of Westford to transfer certain easements to the select board of the town of Westford (House, No. 4140).

 

The Commonwealth of Massachusetts

 

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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SECTION 1. (a) Notwithstanding any general or special law to the contrary, the conservation commission of the town of Westford may transfer to the select board of the town permanent easements adjacent to Boston road, on property currently managed and controlled by the conservation commission for conservation purposes.  The easements shall be dedicated by the select board for the repair, reconstruction, operation, maintenance or improvement of Boston road including, but not limited to, guy wire and overhead wire placement, grading, clearing and grubbing, loaming, seeding and continued maintenance.

(b)  The easements authorized to be transferred pursuant to subsection (a) are located on property identified on the town of Westford assessors’ map 21 as lot 109-1 and described in a deed recorded in the Middlesex northern district registry of deeds in book 7473, page 318.  The easements are shown on a plan of land entitled “Massachusetts Department of Transportation Highway Division Plan and Profile Boston Road”, as most recently revised, as follows: (i) “PARCEL PUE-6”, containing 89 square feet, more or less; (ii) “PARCEL PUE-7”, containing 78 square feet, more or less; (iii) “PARCEL PUE-9”, containing 77 square feet, more or less;   and (iv) “PARCEL PUE-12”, containing 194 square feet, more or less.  Prior to finalizing the transfers authorized in this act, the town may make minor modifications to the plan and easement areas to meet the purposes of this act.

(c)  As consideration for the transfers authorized in section 1, the town of Westford shall: (i) dedicate land of equal or greater size and natural resource value which shall be held by the conservation commission of the town for conservation and recreation purposes; (ii) transfer funds, the amount of which shall  be the full and fair market value of the easements as determined by an independent appraisal; or (iii) provide a combination of land and funds equal to or greater than the value of the easements.  Any funds transferred under this section shall be deposited in a fund dedicated to conservation of land in the town.

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