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  • Acts
  • 2010
  • Chapter 224 AN ACT RELEASING CERTAIN LAND IN THE TOWN OF BRIMFIELD FROM AN AGRICULTURAL PRESERVATION RESTRICTION.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to release certain land from the operation of an agricultural preservation 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. (a) Notwithstanding any other general or special law to the contrary but subject to section 40E of chapter 7 of the General Laws and section 32 of chapter 184 of the General Laws, the secretary of energy and environmental affairs shall execute a certificate of release of a portion of the land subject to an agricultural preservation restriction, in this act called the “APR”, which is held by the department of agricultural resources, in this act called the “department”, and recorded in the Hampden county registry of deeds at book 11476, page 498 and book 11544, book 398 on land owned by Ronald Weston and Linda Weston, their successors in title, heirs and assigns, in this act called “Weston”. The portion to be released consists of approximately 7.7 acres more or less and is shown on a plan of land dated November 10, 2008, recorded with the Hampden county registry of deeds at plan book 354, plan 93.

SECTION 2. As a condition precedent to the release of the 7.7 acre parcel from the APR, Weston and the department shall execute and cause to be recorded an amendment to the APR placing a currently unrestricted parcel of 8.0 acres, owned by Weston, under restriction in accordance with the terms and provisions of the original APR and as amended, which shall become subject to the APR. The 8.0 acre parcel lies easterly of Hollow road in the town of Brimfield and is as shown on a plan of land entitled “Plan of land in Brimfield, MA prepared for Ronald N. & Linda M. Weston (owners)” by Roger Woods & Co., said plan being recorded with the Hampden county registry of deeds at plan book 354, plan 93 and labeled as “PARCEL TO BE ADDED TO AGRICULTURAL PRESERVATION RESTRICTION AREA 8.0 acres.”

SECTION 3. As a condition precedent to the release of the 7.7 acre parcel from the APR, Weston and the department shall execute and cause to be recorded an amendment to the existing restriction, which shall place under restriction that portion of the currently unrestricted 30,000 square feet of land owned by Weston that lies outside the boundaries of the land proposed to be released under section 1. Upon the recording thereof, that portion shall be subject to and governed by the APR as amended. The 30,000 square foot parcel is bounded and described as follows:

Beginning at a point on the easterly street line of Hollow Road which point is Fifty and 23/100 (50.23) feet northerly of the northwesterly corner of land now or formerly of Charles H. & Linda D. Thompson; thence running S 64° 28’ 00” E One hundred eighty three and 99/100 (183.99) feet to a point; thence turning and running S 55° 21’ 05” E Two hundred twenty four and 58/100 (224.58) feet to a point; thence turning and running S 60° 50’ 25” E a distance of Eight hundred seventeen and 151100 (817.15) feet to a point located in the westerly boundary line of land now or formerly of Cook, said last three courses being along land of Ronald N. and Linda M. Weston; thence turning and running N 32° 06’ 55” E Twenty five and 00/100 (25.00) feet to a point, thence turning and a running N 57° 53’ 05” W One hundred forty and 00/100 (140.00) feet to a point marking the beginning of the so called “Envelope”, thence turning and running N 32° 06’ 55” E Two hundred and 00/100 (200.00) feet, thence turning and running N 57° 53’ 05” W One hundred fifty and 00/100 (150.00) feet, thence turning and running S 32° 06’ 55” W Two hundred and 00/100 (200.00) feet, thence turning and running S 57° 53’ 05” E One hundred fifty and 00/100 (150.00) feet to said point of beginning of said “Envelope”.

SECTION 4. As a condition subsequent to the release of the 7.7 acre parcel from the APR, Weston shall cause a certain percentage as specified below of the annual total gross revenues from any commercial or other business operations on the 7.7 acre parcel including, but not limited to, a wedding and banquet operation, to be annually devoted to enhancing the agricultural productivity of the remaining APR land, for so long as the 7.7 acre parcel is used for a commercial or other business purpose. For the purposes of this section, enhancements to the agricultural productivity of the remaining APR land shall be those proposed by Weston and approved by the department and shall fall into any of the following categories: (1) implementation of a best management plan and nutrient management plan for Christmas tree production developed in accordance with industry standards, the plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Weston and the department on a 2-year basis; (2) implementation of a resource management plan developed for all of the APR land, the plan and the implementation thereof to be reviewed and reported to the department by an independent third party who shall be mutually agreed to by Weston and the department on a 5-year basis; (3) implementation of a nutrient management plan developed for all of the APR land, the plan and the implementation thereof to be reviewed and reported to the department by an independent third party who shall be mutually agreed to by Weston and the department on a 5-year basis; (4) implementation of a manure management plan developed for Weston’s equine facility approved by the department, the plan and the implementation thereof to be reviewed and reported to the department by an independent third party who shall be mutually agreed to by Weston and the department; (5) development and implementation of a plan establishing Christmas tree production on the 8-acre parcel being added to the APR, integrated within the best management plan and nutrient management plan for Christmas tree production set forth in clause (1); or (6) implementation of an approved NRCS farm plan. If Weston fails or neglects to make a proposal, the department shall select an enhancement to productivity as the department’s choice and so notify Weston.

Not later than 1 year after the effective date of this act and annually thereafter, Weston shall cause a certified public accountant or another professional with equivalent credentials, reasonably satisfactory to the department, to provide to the department a written certification of compliance by Weston with the expenditure requirement set forth in this section. The certified public accountant or other professional shall have access to the original financial books and records of Weston and the original books and records of any other party conducting business operations on the land released under lease or other arrangement. The department may bring a civil action to enforce this paragraph.

The percentages to be devoted to agriculture shall be as follows: 2 per cent of gross revenues for the first 2 years of operation of the business on the 7.7 acre parcel after the effective date of this act; 4 per cent of gross revenues for the next 2 years of operation; and 5 per cent of gross revenues thereafter; provided, however, that Weston shall not be required to expend in a single year or in the aggregate more than the annual cost of implementing a plan approved under this section.

SECTION 5. Except as amended by this act, the APR shall remain in full force and effect.

Approved August 4, 2010