Print Print
  • Acts
  • 2008
  • Chapter 301 AN ACT AUTHORIZING THE TRANSFER OF LAND IN HAMILTON AND MANCHESTER-BY-THE-SEA.

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 and for the purpose of curing inadvertent encroachments onto a tract of conservation land known as Chebacco Woods in the towns of Manchester-by-the-Sea and Hamilton, by and through the boards of selectmen and the conservation commissions of the towns of Manchester-by-the-Sea and Hamilton, said towns may convey to Patrick A. Daly and Kathleen B. O’Brien a certain parcel of land located in the Chebacco Woods tract for residential purposes. The parcel consists of approximately 20,008 square feet and is shown as Parcel B on a plan entitled “Plan of Land in Hamilton and Wenham, MA”, dated March 17, 2004, prepared by Hancock Associates, which shall be recorded in the Essex county registry of deeds.

SECTION 2. In consideration for the conveyance authorized in section 1, Patrick A. Daly and Kathleen O’Brien shall convey to the towns of Manchester-by-the-Sea and Hamilton, as joint owners, a certain parcel of land containing approximately 40,114 square feet and shown as Parcel A on the plan described in section 1 for conservation purposes. The conservation commissions of the towns of Manchester-by-the-Sea and Hamilton shall determine whether the conveyance authorized by this act is equal to or greater than the full and fair market value of the parcel described in section 1, or its value in use as proposed, whichever is greater, as determined by an independent appraisal. If there is a disparity in these values in favor of Patrick A. Daly and Kathleen O’Brien, Patrick A. Daly and Kathleen O’Brien shall pay a sum equal to the difference to the towns of Manchester-by-the-Sea and Hamilton for deposit in their open space funds or otherwise dedicated to open space preservation.

SECTION 3. Notwithstanding any general or special law to the contrary and for the purpose of curing inadvertent encroachments onto a tract of conservation land known as Chebacco Woods in the towns of Manchester-by-the-Sea and Hamilton, by and through the boards of selectmen and the conservation commissions of the towns of Manchester-by-the-Sea and Hamilton, said towns may convey to Nancy L. Peterson a certain parcel of land located in the Chebacco Woods tract for residential purposes. The parcel consists of approximately 7,114 square feet and is shown as Parcel B on a plan entitled “Plan of Land in Hamilton, MA”, dated March 17, 2004, prepared by Hancock Associates, which shall be recorded in the Essex county registry of deeds.

SECTION 4. In consideration for the conveyance authorized in section 3, Nancy L. Peterson shall convey to the towns of Manchester-by-the-Sea and Hamilton, as joint owners, a certain parcel of land containing approximately 7,114 square feet and shown as Parcel A on the plan described in section 3 for conservation purposes. The conservation commissions of the towns of Manchester-by-the-Sea and Hamilton shall determine whether the conveyance authorized by this act is equal to or greater than the full and fair market value of the parcel described in section 3, or its value in use as proposed, whichever is greater, as determined by an independent appraisal. If there is a disparity in these values in favor of Nancy L. Peterson, Nancy L. Peterson shall pay a sum equal to the difference to the towns of Manchester-by-the-Sea and Hamilton for deposit into their open space funds or otherwise dedicated to open space preservation.

Approved August 7, 2008