Print Print
  • Acts
  • 2002
  • Chapter 233 AN ACT RELEASING CERTAIN LAND IN THE TOWN OF WHATELY 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. Pursuant to section 32 of chapter 184 of the General Laws and notwithstanding any other general or special law to the contrary, the commissioner of food and agriculture may release a portion of that agricultural preservation restriction dated May 21, 1994, recorded in Franklin county registry of deeds at Book 2917, Page 11, said portion being more particularly bounded and described as follows:-

A certain parcel of land located on the westerly side of River Road in Whately, Franklin County, Massachusetts, shown on a plan of land entitled: "Plan of Proposed Relocation in Whately, Mass. of a portion of River Road surveyed for the Town of Whately, prepared by Franklin Regional Council of Governments Engineering Program", dated January 21, 1999; said plan to be recorded in Franklin County Registry of Deeds; said parcel being more particularly bounded and described as follows: Beginning at a broken concrete bound on the westerly sideline of River Road, said bound being the northeast corner of the parcel herein described; thence running S 08° 10' 18" W a distance of 100.68 feet to a point on the easterly sideline of the 1901 County Relocation (AKA Sugarloaf Street Extension); thence turning and running N 15° 17' 15" W a distance of 100.46 feet to a broken concrete bound on said easterly sideline; thence turning and running N 86° 09' 20" E a distance of 40.84 feet to the point of beginning. Containing 2009 square feet, more or less, according to said plan.

SECTION 2. The above-described land to be released is to be used only for the purpose of a permanent highway easement, in connection with, and as an integral part of, an acquisition and taking of certain land, by eminent domain by the board of selectmen of the town of Whately for the relocation of River road in said town of Whately. The acquisition, taking, and relocation being pursuant to a proposal, plan and description for same filed by said board of selectmen with the town clerk of said town of Whately on June 8, 1999, and approved by vote of a special town meeting of said town of Whately, on Article 9 of the warrant for said town meeting, held on June 22, 1999, authorizing the taking and accepting the relocation; all said actions being taken pursuant to chapters 79 and 82 of the General Laws. In the event that the land to be released is not used, or ceases to be used, for said purpose of a permanent highway easement, the agricultural preservation restriction shall be reimposed on said released parcel, unless the said restriction is released or discharged by the commonwealth in its entirety in the interim.

SECTION 3. Except as partially released by this act, the referenced agricultural preservation restriction shall remain in full force and effect.

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

Approved August 7, 2002.