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  • Acts
  • 2007
  • Chapter 172 AN ACT RELATIVE TO A CERTAIN PARCEL OF LAND AND AN EASEMENT THEREON IN THE CITY OF MARLBOROUGH.

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 sections 40F to 40I, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, subject to the approval of the commissioner of conservation and recreation and the Massachusetts Water Resources Authority, may: (a) convey a fee interest in a parcel of land, currently under the care and control of the department of conservation and recreation for watershed and water supply protection purposes, and described as parcel Seventh in Division A. Brook in the city of Marlborough in an instrument of taking recorded with the Middlesex south district registry of deeds in book 2635, page 1, to the holder of an easement thereon, which easement is recorded with the Middlesex South District Registry of Deeds in Book 4490, Page 167, and the easement shall be extinguished. In any deed conveying such parcel, the commissioner of capital asset management and maintenance shall retain on behalf of the commonwealth, under the care and control of the department of conservation and recreation, a perpetual watershed preservation restriction acceptable to the department of conservation and recreation within the meaning of chapter 92A1/2 and sections 31 and 32 of chapter 184 of the General Laws; or (b) amend the easement to: (i) authorize the parcel to be used for residential and commercial uses, subject to the review and jurisdiction of the city of Marlborough; (ii) maintain, repair, renew and replace the buildings and to occupy and use the land for any legal and proper purpose, including residential and commercial use; (iii) extinguish the restrictions stated in sections 2, 3 and 9 of the easement; and (iv) add restrictions to require that no new buildings, structures or impervious surfaces shall be erected on, over or within the easement area, except as permitted in the site plan approved by the city of Marlborough. Other than within the building located on the premises on the effective date of this act, no alterations shall be allowed within 20 feet of any open portion of the stream located on the parcel. Any alteration, construction, repair, renewal or replacement of buildings must comply with the Massachusetts Stormwater Standards, as implemented by the department of environmental protection and the local conservation commission.

SECTION 2. In consideration for the transaction authorized in section 1, the easement holder shall compensate the commonwealth in an amount not less than the full and fair market value, or the value in use as proposed, whichever is greater, of the proposed amended easement or fee interest, whichever transaction may be agreed upon by the parties, less the value of the easement as held, and in consideration of the value of the watershed preservation restriction if so retained by the commonwealth, as determined by the commissioner pursuant to 1 or more independent professional appraisals. Any consideration received by the commonwealth pursuant to this act shall be deposited in the Water Supply Protection Trust, established in section 73 of chapter 10 of the General Laws.

SECTION 3. The department of conservation and recreation may enter into a license agreement with the easement holder to authorize activities and uses contemplated under this act, but which may be contrary to the easement as recorded, while the division of capital asset management and maintenance is implementing this act and any due diligence is developed, except that any such license agreement shall consider and protect water supply and watershed protection and management interests, as determined by said department.

SECTION 4. The easement holder shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the transfers and conveyances authorized by this act as such costs may be determined by the commissioner of capital asset management and maintenance.

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Approved November 19, 2007.