AN ACT AUTHORIZING THE CHANGE OF USE AND THE LEASE OF CERTAIN LAND IN THE TOWN OF LENOX FOR A SOLAR POWERED GENERATION FACILITY.
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 town of Lenox, acting by and through its conservation commission and board of selectmen, may transfer a parcel of land known as the old landfill, currently under the control of the conservation commission and held for the purposes of conservation and open space, to the conservation commission and board of selectmen. The transfer and change of use of the eastern 2 acres of the old landfill parcel of land in the town of Lenox shall be to install and operate solar panels and solar array and appurtenances for electrical power and distribution to benefit the town. The entire parcel of land is located off Willow Creek road. It was conveyed to the town to be held by the conservation commission, by deed dated August 6, 1993 and recorded in the Berkshire registry district of the land court as certificate 6370. The land is shown on the town assessors map 14 as parcel 2.
The town of Lenox, acting by and through its board of selectmen, may lease the eastern 2 acres of the old landfill described in section 1 and may lease all or a portion of the wastewater treatment plant parcel located at 239 Crystal street in said town, from time to time, by 1 or more leases for such term of years up to 20 years and for such consideration as the board of selectmen shall determine to be appropriate to install and operate thereon solar panels for electric power and distribution. The town of Lenox, acting by and through its board of selectmen, may grant such easements in, on, under and across such parcels for utility and access purposes, as reasonably necessary to install and operate the solar arrays. The board of selectmen may enter into a power purchase agreement with the lessee of the parcels to purchase all or a portion of the electricity production of the solar array.
SECTION 2. In consideration for, and as a condition of the change of use and lease of approximately 2 acres of conservation land as set forth in section 1, the town of Lenox shall dedicate for conservation and protected open space purposes approximately 2 acres of municipal town-owned land.SECTION 3. This act shall take effect upon its passage.
Approved, August 6, 2012.