SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2629

The Commonwealth of Massachusetts

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

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SECTION 1. Notwithstanding any general or special law to the contrary, the city of Northampton, acting by and through its mayor and conservation commission, may amend the open space restriction and public right of way easement recorded at Hampshire registry of deeds at book 5900, page 26 to allow: (i) parking on a portion of the land shown as “K1” on a survey entitled “Boundary Survey of Land of the Commonwealth of Massachusetts formerly the Northampton State Hospital Northampton, Massachusetts”, recorded with the Hampshire district registry of deeds in plan book 183, page 1, sheet 3, said portion being more particularly described as beginning at a point shown as “G” on the southeast corner of K1; thence 234 feet S45 degrees 44’34”W along West Street; thence northerly to a point along other land of the Trustees of Smith College; thence 210 feet N48 degrees 28’15”E along other land of the Trustees of Smith College; thence 258.34 feet S30 degrees 03’53”E along the portion of land shown as “1” on the survey; thence 249.60’ feet S09 degrees 06’59E along the portion of land shown as “K2” on the survey to the point of beginning; and (ii) underground piping and heat exchange for ground source heat pumps under the open field portion of  K1; provided, however, that the surface above the underground piping and heat exchange for ground source heat pumps shall be restored and continue to be used for the purposes provided for in the open space restriction and public right of way easement; and provided further, that any amendment of said restriction as authorized by this section shall be recorded as a conservation restriction pursuant to section 32 of chapter 184 of the General Laws.

SECTION 2. As a condition and in consideration for the amendment to the easement as provided in section 1, and at the same time as such release, the city of Northampton, acting by and through its conservation commission, shall accept an expanded public right-of-way easement to allow the public to pass and repass on foot trails for the purpose of passive recreation, including, but not limited to, fishing, hiking, winter sports on all trails within 100 feet of the Mill river on the northerly side of the river, northerly and westerly of the Smith college crew house and westerly of College lane on the Smith college campus in the city.  The easement along the Mill river shall be essentially as shown on a plan entitled “Easement along Mill River from College Lane to an area southwesterly of Dryads Green, Northampton on land of the Trustees of Smith College” and shall be maintained on file in the city’s office of planning and sustainability.

SECTION 3. This act shall take effect upon its passage.