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Session Law

2008

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Chapter 163 AN ACT AUTHORIZING THE CITY OF WESTFIELD TO CONVEY A CONSERVATION RESTRICTION TO THE DEPARTMENT OF FISH AND GAME.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of a certain conservation 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. The city of Westfield may convey to the commonwealth, by and through the department of fish and game, easements or lesser interests through a conservation restriction under sections 31, 32 and 33 of chapter 184 of the General Laws, for the preservation and protection of wildlife and habitat and passive recreation and other consistent purposes, in all or portions of certain parcels of land of the city identified in section 3, which were acquired by the city for water supply purposes under chapter 322 of the acts of 1873. The conservation restriction shall allow for the city to retain the right to use the land as a potential water supply for the city. The conservation restriction may restrict or regulate, but shall not unreasonably limit, the acts or uses associated with water supply purposes.

SECTION 2. If the conservation restriction is taken by the commonwealth under chapter 79 of the General Laws and not otherwise acquired, it shall be subject to any easement or lesser interest in land held by any person or governmental agency, except for the city of Westfield, that lawfully exists and shall have been recorded in the appropriate registry of deeds, unless the department of fish and game expressly takes the easement or lesser interest through eminent domain under said chapter 79; provided, however, that the division of fisheries and wildlife, the city of Westfield, the town of Montgomery, members of the general court representing these communities and representatives of organizations promoting the conservation of and appropriate recreational use of said parcels may establish a working group to discuss and plan for public access, law enforcement, open space and habitat protection, water supply protection, forest management, abutting property owner rights, recreation regulations and the future acquisition of parcels by the town of Montgomery; and provided further, that once established, the working group shall be convened on a regular basis to address the concerns of residents relating to constructive and compatible public access to said parcels and other land use issues.

SECTION 3. The parcels are identified as follows: all of the lands, including lands under water, in the town of Montgomery and city of Westfield as described in certain deeds recorded in the Hampden county registry of deeds in book 308, page 346; book 314, page 319; book 319, page 30; book 319, page 128; book 413, page 115; book 684, page 77; book 691, page 322; book 691, page 496; book 692, page 476; book 773, page 372; book 784, page 448; book 830, page 492; book 958; page 153; book 986, page 209; book 986, page 324; book 986, page 449; book 1018, page 303; book 1031, page 405; book 1184, page 342; book 1152, page 550; book 1194, page 67; book 1194, page 166; book 1216, page 104; book 1216, page 107; book 1242, page 120; book 1272, page 56; book 1278, page 300; book 1314, page 572; book 1344, page 352; book 1344, page 353; book 192, page 278; book 1418, page 392; book 1472, page 153; book 1506, page 360; book 1542, page 217; book 1612, page 287; book 1623, page 60; book 1628, page 161; book 1632, page 208; book 1651, page 445; book 1660, page 467; book 1665, page 528; book 1677, page 61; book 1704, page 524; book 1704, page 525; book 2891, page 408; book 2916, page 290, book 3483, page 236; EXCEPTING the lands described in book 5479, page 592; book 7448, page 526; book 9373, page 193 and a parcel of land consisting of 3.98 acres, more or less, identified as Parcel “A” on a plan dated March 18, 2008 entitled “Proposed Transfer of Property, Montgomery, Massachusetts for Board of Selectmen Town of Montgomery” prepared by D.L. Bean, Inc., surveyors and engineers, as of record in the office of the city engineer of the city of Westfield.

Approved June 30, 2008.


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