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  • Acts
  • 2008
  • Chapter 313 AN ACT DESIGNATING CERTAIN LAND IN THE TOWNS OF ACTON AND CONCORD FOR CONSERVATION, AGRICULTURE, OPEN SPACE AND RECREATIONAL 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. (a) The parcels of land identified in section 2, which are under the custody, control and care of the department of correction or the department of highways, are hereby designated for and shall be held solely for the purposes of open space protection, management and conservation, agriculture, forests, and limited public access for passive and specified active recreation and enjoyment.

(b) The department of correction, in consultation with the department of highways, the executive office of environmental affairs and the towns of Acton and Concord, may issue regulations consistent with the purposes set forth in subsection (a) for the access, use and maintenance of those parcels designated in said subsection that are under the custody, control and care of the department of correction. The department of highways, in consultation with the department of correction, the executive office of environmental affairs and the towns of Acton and Concord may issue regulations consistent with the purposes set forth in subsection (a) for the access, use and maintenance of those parcels designated in said subsection that are under the custody, control and care of the department of highways.

(c) No parcel designated under subsection (a) shall be altered if the alteration shall be: (i) of a substantial nature; (ii) inconsistent with a permitted purpose under subsection (a); (iii) prohibited in subsection (d) or any applicable regulation or other law; or (iv) not approved previously in writing by the department having the custody, control and care of the parcel.

(d) No building or other permanent structure, utility system or paved roadway or area, excluding non-solid fencing and recreational equipment, shall be constructed on or over any parcel designated under subsection (a).

(e) Notwithstanding any other provision of this section to the contrary, the department of correction or department of highways may access, use and maintain any infrastructure existing as of the effective date of this act that is located on or over any parcel designated in subsection (a) if the parcel is under the respective custody, control and care of that department. Any such infrastructure use of parcels and related to accessing the infrastructure shall be reserved for its current purposes and uses and shall be excluded from subsection (a). For the purposes of this section, “infrastructure” shall include, without limitation, any building, structure, roadway, utility system, drainage system, and other improvement and appurtenance.

(f) Notwithstanding any other provision of this section to the contrary, the use, maintenance and rebuilding of any existing building, structure, improvement, appurtenance or road located on, above or below ground, or over the parcels, shall be perpetually subject to current uses, and shall be subject to any additional future uses not inconsistent with this act, including, without limitation, the use, maintenance, and related parking and access to a 5-bedroom house located on a portion of the parcel identified and described in clause (2) of subsection (a) of section 2.

(g) The designation of any parcel under subsection (a) shall be subject to any easement, restriction, condition, lease, license, agreement or grant of any right or interest in the parcel in existence as of the effective date of this act, including, without limitation, (i) agreements relating to approximately 15 acres of land on a portion of the parcel identified and described in clause (3) of subsection (a) of section 2 to be used for active recreation, including agreements regarding the use, maintenance, and related parking and access for said active recreation land; (ii) an easement for the water supply system for the town of Concord located on the parcel identified and described in said clause (3) of subsection (b) of said section 2; and (iii) a road located on the parcel identified and described in said clause (3) of said subsection (b) of said section 2, used to access the adjoining land owned by the town of Concord identified on assessor’s map 1997.

SECTION
2. (a) The parcels in the town of Acton designated for the purposes described in section 1 shall be those lands of the commonwealth described in:

(1.) assessor’s map G5, parcels 95 and 96, these parcels being a portion of the land granted to the commonwealth by deed recorded at the Middlesex south district registry of deeds, in this section referred to as the registry, at book 2647, page 41;

(2.) assessor’s map H4, parcel 5, this parcel being a portion of the land granted to the commonwealth by a deed recorded at the registry at book 2647, page 41, but not to include from this parcel approximately 5.56 acres of land of the commonwealth described as parcel No. 4 on a plan of road recorded at the registry as plan number 2056 of 1950;

(3.) assessor’s map H4, parcel 6, this parcel being a portion of the land granted to the commonwealth by deed recorded at the registry at book 2647, page 41, but not to include from this parcel approximately 2.63 acres of land of the commonwealth described as parcel No. 2 on a plan of road recorded at the registry as plan number 2056 of 1950; but specifically excluding that portion of this parcel, which land shall be subject to the restrictions of section 3, that is adjacent to the southerly location line of the November 14, 1950, state highway alteration of Massachusetts avenue on route 2, as shown on a plan of road recorded at the registry at plan 2056 of 1950, and being those lands within a distance of 200 feet southerly of and parallel to said highway location line extending from the Acton-Concord town line westerly to the intersection with School street, as shown on said plan;

(4.) assessor’s map G4, parcel 176, this parcel having been taken by the commonwealth by an order of taking recorded at the registry at book 11703, page 603 and shown as parcel C on a plan of land recorded at the registry as plan number 684 of 1969;

(5.) assessor’s map G4, parcel 184, this parcel having been taken by the commonwealth by an order of taking recorded at the registry at book 12717, page 213 and shown as parcel E on a plan of land recorded at the registry as plan number 1204 of 1974;

(6.) assessor’s map G4, parcel 185, this parcel having been taken by the commonwealth by an order of taking recorded at the registry at book 12731, page 578 and shown as parcel F on a plan of land recorded at the registry as plan number 1323 of 1974;

(7.) assessor’s map G4, parcel 187, this parcel being granted to the commonwealth by a deed recorded at the registry at book 7704, page 475 and being approximately 3.5 acres of a parcel of land shown as Lot 2 on a plan of land recorded at the registry as plan number 339 of 1939, but not to include approximately 34,254 square feet of this parcel having been taken by the commonwealth by an order of taking recorded at the registry at book 12731, page 578 and shown as parcel F on a plan of land recorded at the registry as plan number 1323 of 1974; and

(8.) assessor’s map G4, parcel 198, this parcel having been granted to the commonwealth by a deed recorded at the registry at book 7704, page 476 and being approximately the 18 acres of a parcel of land shown on a plan of land recorded at the registry as plan number 165 of 1949, but not to include approximately 3.10 acres of this parcel owned by the commonwealth and described as parcel No. 9 on a plan of road recorded at the registry as plan number 2056 of 1950.

(b) The parcels in the town of Concord designated for the purposes described in section 1 shall be those lands of the commonwealth described in:

(1.) assessor’s parcel ID 2007, this parcel being a portion of the land granted to the commonwealth by a deed recorded at the registry at book 2647, page 41, but not to include from this parcel approximately 0.31 acre of land owned by the commonwealth described as parcel no. 11 on a plan of road recorded at the registry as plan number 2093 of 1950, and approximately 3,800 square feet of land owned by the commonwealth described as parcel no. 13 on the plan; but specifically excluding that portion of this parcel, which land shall be subject to the restrictions of section 3, that is adjacent to the northerly location line of the November 14, 1950, state highway alteration of Union turnpike on Route 2 as shown on a plan of road recorded at the registry at plan 2093 of 1950, and being those lands within a distance of 200 feet northerly of and parallel to the highway location line extending from the Acton-Concord town line easterly to the eastern property boundary of this parcel;

(2.) assessor’s parcel ID 2016, this parcel being a portion of the land granted to the commonwealth by a deed recorded at the registry at book 2647, page 41, but not to include from this parcel approximately 0.70 acres of land owned by the commonwealth described as parcel no. 12 on a plan of road recorded at the registry as plan number 2093 of 1950; but specifically excluding that portion of this parcel, which land shall be subject to the restrictions of section 3, that is adjacent to the southerly location line of the November 14, 1950, state highway alteration of Union turnpike on Route 2 as shown on a plan of road recorded at the registry at plan 2093 of 1950, and being those lands within a distance of 200 feet southerly of and parallel to the highway location line extending from the Acton-Concord town line easterly to the intersection with the New York, New Haven and Hartford Railroad Company railroad right-of–way, as shown on the plan, further including those lands within a distance of 200 feet southwesterly of and parallel to the railroad easement extending southeasterly for the length of the easement to the northeasterly boundary point of assessor’s parcel ID 2016;

(3.) assessor’s parcel IDs 1999-2 and 1999-3, these parcels having been granted to the commonwealth by a deed recorded at the registry at book 5578, page 569 Area V, Area X and Area Y in a notice recorded at the registry at book 51404, page 128, but specifically excluding those portions of these parcels, which land shall be subject to the restrictions of section 3 described as Area V and Area Y adjacent to the northerly location line of the February 1, 1938, state highway alteration of Elm street on Route 2A as shown on a plan of road recorded at the registry at plan 100 of 1938, and the northerly location line of the June 11, 1940, state highway alteration of Elm street on Route 2A, as shown on a plan of road recorded at the registry at plan 519 of 1940, and being those lands within a distance of 200 feet northerly of and parallel to the highway location lines extending from the property boundary that divides Lot 2 and Lot 3 as shown on plan entitled “Plan of Land in Concord Formerly Belonging to George H. Pierce”, dated July 29, 1931 and recorded with the registry at plan 696 of 1931, northwesterly along Elm street to a stone wall at the land now or formerly of Robbins, as shown on the plan of land; and an additional portion of the land described as Area V, being those lands adjacent to the northerly location line of the February 1, 1938 state highway alteration of Barretts Mill road, as shown on plans of road recorded at the registry at plan 100 and plan 225 of 1938, and being those lands within a distance of 200 feet northerly of and parallel to said highway location lines extending from the property boundary that divides Lot 2 and Lot 3, as shown on plan entitled “Plan of Land in Concord Formerly Belonging to George H. Pierce”, dated July 29, 1931, and recorded with the registry at plan 696 of 1931, northeasterly along Barretts Mill road to a stone wall at the land now or formerly of Keefe shown on said plan of land.

SECTION 3. The department of correction may receive gifts or grants, in an amount not to exceed $100,000, for the specific purpose of acquiring environmental services and equipment, including the purchase, installation and maintenance of recycling equipment. The department of correction may expend without further appropriation, all such funds received for such environmental services and equipment.

SECTION 4. This act shall take effect on December 31, 2008.

Approved August 14 , 2008