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Session Law

2006

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Chapter 199 AN ACT AUTHORIZING THE CONSERVATION COMMISSION OF THE CITY OF PITTSFIELD TO CONVEY A CERTAIN PARCEL OF CONSERVATION LAND FOR PUBLIC PURPOSES.

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. Notwithstanding any general or special law to the contrary, the conservation commission of the city of Pittsfield shall convey to the Pittsfield airport commission, on behalf of the city, a portion of the Wild Acres conservation area located along the south side of South Mountain road in the city of Pittsfield. The conservation area is shown on the city of Pittsfield assessor’s map F4, block 1, lot 1 and described in the Berkshire county registry of deeds at book 810, page 164. The portion of the Wild Acres conservation area to be conveyed by the conservation commission shall consist of approximately 21 acres of land located immediately northeast of the Runway 26 end of the Pittsfield Municipal Airport, the exact boundaries of which shall be determined by the conservation commission after completion of a survey. The purpose of this conveyance is to allow the airport commission to make necessary public safety improvements to the runway environment of the Pittsfield municipal airport, including, but not be limited to, a runway safety area, taxiway, runway extension, installation and maintenance of navigational equipment and obstruction removal and lighting.

SECTION 2. In consideration to the conservation commission for the conveyance authorized in section 1, the Pittsfield airport commission shall convey to the conservation commission certain parcels of land totaling approximately 84 acres, to be held by the conservation commission pursuant to its authority under section 8C of chapter 40 of the General Laws. These parcels of land are as shown on 3 separate plans by Foresight Land Services, Inc., entitled “Plan of Land Prepared for Pittsfield Municipal Airport” on sheet S6 (dated March 1, 2006), sheet S8 (dated April 12, 2006) and sheet S9 (dated April 19, 2006). In addition, the Pittsfield airport commission shall make, fund or reimburse the conservation commission or the city of Pittsfield for improvements to facilities at the Wild Acres conservation area, including gravel parking lots, utility installation, an education center, restrooms, an athletic field and a covered picnic pavilion as such improvements were accepted by the Pittsfield conservation commission in its vote of December 2, 2004, and at the locations appearing in figure 5-2 of the Pittsfield municipal airport final environmental assessment and final environmental impact report.

SECTION 3. No document conveying any portion of the property described in section 1 shall be valid unless the document provides that the property shall be used solely for the purposes of making the public safety improvements as described in section 1 and as accepted by the Pittsfield conservation commission in their vote of December 2, 2004. This document shall include a reversionary clause requiring that the property revert to the Pittsfield conservation commission for public conservation purposes if the property ceases to be used for the express purpose for which it was conveyed or if the improvements to facilities at the Wild Acres conservation area as described in section 2 are not made.

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

Approved August 1, 2006.


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