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Session Law

2004

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Chapter 289 AN ACT AUTHORIZING THE DIVISION OF FISHERIES AND WILDLIFE TO TAKE OR ACQUIRE CONSERVATION RESTRICTIONS IN AND TO LANDS OF THE TOWN OF CLINTON.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to authorize the division of fisheries and wildlife to take or acquire conservation restrictions in and to lands of the town of Clinton, 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. The division of fisheries and wildlife may take, under chapter 79 of the General Laws, 2 parcels of land located in the town of Clinton. The taking shall not be made without the prior written approval of the town of Clinton. The parcels are of vacant land at Mossy Pond in the town of Clinton, as described in a 1980 deed from the trustees of JJMD Realty Trust to John J. Gannon, Jr., David P. Gannon, Jean McNally, and Mary C. Naughton, recorded in the Worcester district registry of deeds in book 7144, page 21 and described in a 1969 deed from Jean McNally to JJMD Realty Trust recorded in Worcester county registry of deeds in Book 5002, Page 567, containing approximately 17 acres.

Following the conveyance of the conservation restrictions described in section 2, the division of fisheries and wildlife, in consultation with the division of capital asset management and maintenance, may convey, for no additional consideration, the fee interest in the above-described parcels to the town of Clinton, under the care and control of its conservation commission, if the division of fisheries and wildlife retains an acceptable and appropriate perpetual conservation restriction in and to the parcels in furtherance of the purposes described in section 3.

SECTION 2. The town of Clinton may convey fee interests, easements or lesser interests in land through conservation restrictions under sections 31and 32 of chapter 184 of the General Laws in certain lands it owns in the towns of Sterling and Leominster. The land is identified as follows:-

(a) All of the lands, including lands under water, in the town of Sterling, as described in certain deeds recorded in the Worcester district registry of deeds in book 1129, page 400; book 1129, page 401; book 1123, page 510; book 1123, page 512; book 1134, page 255; book 1138, page 557; book 1157, page 408; book 1158, page 372; book 1165, page 85; book 1199, page 606; book 1208, page 248; book 1209, page 117; book 1209, page 119; book 1209, page 121; book 1209, page 122; book 1260, page 244; book 1269, page 285; book 1269, page 287; book 1275, page 31; book 1275, page 460; book 1285, page 251; book 1285, page 479; book 1630, page 362; book 1397, page 297; book 1399, page 27; book 1424, page 586; book 1424, page 589; book 1437, page 92; book 1480, page 457; book 1480, page 459; book 1481, page 460; book 1589, page 222; book 1684, page 131; book 1684, page 132; book 1771, page 64; book 1887, page 445; book 2013, page 525; book 2026, page 452; book 2078, page 37; book 2277, page 572; book 2416, page 173; book 2450, page 191; book 2517, page 352; book 2587, page 467; book 2644, page 551; book 2644, page 553; meaning to include, although not necessarily covered in its entirety by the above-referenced deeds, Heywood Reservoir, Fitch Reservoir, Lower and Upper Lynde's Reservoir and Spring Reservoir, so-called, and the surrounding watershed lands collectively known as the Wekepeke Watershed Lands.

(b) All of the lands, including lands under water, in the town of Leominster, as described in certain deeds recorded in the Worcester north district registry of deeds in book 283, page 269; book 436, page 630; book 281, page 7; book 440, page 57; book 440, page 60; meaning to include, although not necessarily covered in its entirety by the above-referenced deeds, Heywood Reservoir, so-called, and the surrounding watershed lands collectively known as the Wekepeke Watershed lands.

SECTION 3. The purpose of these land transfers is to ensure the preservation and protection of wildlife and habitat, and for passive recreation and consistent purposes. The parcels known as the Wekepeke Watershed Lands were taken or acquired by the town of Clinton and used for watershed and water supply purposes. The conservation restrictions authorized herein shall allow for the continuation of such purposes on all or a portion of the parcels, however the conservation restrictions may restrict or regulate, but not unreasonably limit, the acts or uses associated with conducting such purposes. The conservation restrictions, if taken and not otherwise acquired, shall be subject to any easement or lesser interest in land held by any person or governmental agency, except for the town of Clinton, that lawfully exists and that is recorded in the appropriate registry of deeds, unless the division of fisheries and wildlife expressly takes the easement or lesser interest through eminent domain in accordance with said chapter 79.

SECTION 4. The town of Clinton retains the rights to use water in the Wekepeke watershed lands as a potential water supply for the town.

Approved August 9, 2004.

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