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  • Acts
  • 2004
  • Chapter 161 AN ACT AUTHORIZING THE TOWNS OF DENNIS AND BREWSTER TO GRANT CONSERVATION RESTRICTIONS TO THE DEPARTMENT OF CONSERVATION AND RECREATION.

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. The commissioner of the department of conservation and recreation, in consultation with the division of capital asset management and maintenance, may take, in accordance with chapter 79 of the General Laws, or otherwise acquire, and the towns of Dennis and Brewster may convey easements or lesser interests through conservation restrictions under sections 31, 32, and 33 of chapter 184 of the General Laws to ensure the protection of open space, for public recreation, and preserve coastal wetlands and wildlife habitat, in and to all or a portion of certain parcels of land in the towns of Dennis and Brewster identified in section 2.

The parcels were taken or acquired by the towns of Dennis and Brewster for conservation purposes and shall continue to be owned in fee by the towns of Dennis and Brewster, respectively, under the jurisdiction and control of their respective conservation commissions or selectmen, subject to the perpetual conservation restrictions authorized by this act. The department of conservation and recreation, may co-hold all or any portion of the interests authorized to be acquired under this section with the trustees of the Dennis Conservation Trust or Brewster Conservation Trust and enter into agreements relative to the management of such interests with said trusts.

If the department of conservation and recreation acquires a conservation restriction on the lands described in book 17343, page 265 and recorded in the Barnstable county registry of deeds before the passage of this act, the authority as to this portion of the restrictions shall apply retroactively.

SECTION 2. The parcels are identified as follows:

(a) all or any portion of the lands, including lands under water, in the town of Dennis described in an order of taking recorded in the Barnstable county registry of deeds in book 17343, page 265, shown on plans recorded as plan book 560, page 76; plan book 566, page 87; plan book 568, page 43; plan book 563, page 83 and plan book 566, page 25; land court certificate numbers 21799 and 79910, shown as lot 144 on land court plan 26682H, lot 147 on plan 26682I, lots 108 and 110 on plan 26682G and lot 203 on plan 26682P and; orders of taking recorded in book 1884, page 173, book 2437, page 235 and book 2437, page 235, shown on plans recorded at plan book 272, page 43, plan book 310, page 100 and plan book 311, pages 1-3, respectively.

(b) all or any portion of the lands, including lands under water, in the town of Brewster described in an order of taking recorded in the Barnstable registry of deeds in book 1476, page 428 and in a deed shown as document no. 191537 on land court certificate no. 63288; the parcels together being shown as arae b on the land court plan recorded in miscellaneous tube no. 158, sheets 1 and 2 in the registry.

(c) all or any portion of the lands, including lands under water in the town of Brewster described in an order of taking recorded in the Barnstable registry of deeds in book 1123, page 170, and shown on a plan of land recorded in the registry as plan book 164, page 3, excluding approximately 30.9 acres of upland on the plan of land identified as "Wing's Island".

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

Approved July 7, 2004.