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  • Acts
  • 2004
  • Chapter 272 AN ACT RELEASING CERTAIN LAND IN DEERFIELD FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to release certain land from the operation of an agricultural preservation restriction, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Under section 40E of chapter 7 and section 32 of chapter 184 of the General Laws, but notwithstanding any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources may execute a certificate of release of a portion of the land subject to an agricultural preservation restriction granted by Stephen D. Melnik and William W. Melnik, to the commonwealth covering approximately 12.39 acres in total, dated March 25, 1986, recorded at Book 2049, Page 301, Franklin county registry of deeds, the portion being more particularly described as follows:

A certain parcel of land, with no structures or other improvements thereon, located on the northerly side of Childs Cross road in Deerfield, Franklin county, Massachusetts, shown as "Proposed APR Release 5.59 Acres" on a plan of land entitled: "Plan of Land in Deerfield, Mass., surveyed for William W. and Sharon M. Melnik"; the plan, dated 20 September 2001, to be recorded in the Franklin county registry of deeds.

SECTION 2. The above-described land to be released from the agricultural preservation restriction, a parcel of approximately 5.59 acres, is currently owned by William W. Melnik and Sharon M. Melnik, who have agreed, in consideration of the release of the land, to execute new, current agricultural preservation restrictions and options to purchase at agricultural value running to the commonwealth, to be recorded at the Franklin county registry of deeds. The agricultural preservation restrictions and options shall cover the remaining agricultural preservation restriction land of approximately 6.8 acres and also a 27.8-acre, more or less, parcel of land, as shown on Deerfield Assessor's Plan 3, Lot 71, owned by William W. Melnik and Sharon M. Melnik located off Greenfield Road in Deerfield as described in a deed recorded in the Franklin county registry of deeds, in Book 2321, Page 029 and shall prohibit the construction of future dwellings and grant the commonwealth an option to purchase at agricultural value. In the event that the owner does not execute the new, current agricultural preservation restrictions and options to purchase at agricultural value, the existing agricultural preservation restriction shall be reimposed on the 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.

Approved August 9, 2004.