Session Law

2014

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Chapter 241 AN ACT RELEASING CERTAIN LAND IN THE TOWN OF DRACUT FROM THE OPERATION OF AN AGRICULTURAL PRESERVATION RESTRICTION

     Whereas, The deferred operation of this act would tend to defeat its purpose, which is to release forthwith certain land in the town of Dracut 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.  Notwithstanding any general or special law to the contrary but subject to section 32 of chapter 7C of the General Laws and section 32 of chapter 184 of the General Laws, the department of agriculture resources and the town of Dracut shall, to promote the public good, execute a certificate of release of a parcel of land subject to an agricultural preservation restriction held jointly by the commonwealth, through the department of agricultural resources, and the town of Dracut, through its conservation commission, on land owned by Margaret Hatch as trustee of the Margaret M. Ogonowski Family Trust.  The agricultural preservation restriction is recorded in the Middlesex northern district registry of deeds in book 5105, page 331.  The parcel of land to be released from the original restriction, covering approximately 2.27 acres and shown as proposed lot 1 in “Detail A” on a plan entitled “Feasibility Sketch Plan, Scheme A, 315 Marsh Hill Road, Dracut, Massachusetts prepared for Margaret Ogonowski, 315 Marsh Hill Road, Dracut, Massachusetts”, prepared by Meisner Brem Corporation, dated October 28, 2008, which shall be recorded in the Middlesex northern district registry of deeds, is more particularly described as follows:
     Beginning at a point being N 62º 00’ 45” E a distance of 92.02 feet
     from a drill hole at the beginning of a wall on the south side of Marsh Hill Road;
     thence N 81º 42’ 57” E a distance of 119 feet to a point;
     thence turning and running parallel to a driveway, due south a distance of 814’ more or less to a point;
     thence turning due east a distance of 234 feet more or less, to a point;
     thence turning due north a distance of 275 feet more or less, to a point;
     thence turning due west a distance of 185 feet more or less, to a point;
     thence turning due north a distance of 631 feet more or less to a point a stone wall at the south side of Marsh Hill Road; and
     thence S 56º 52’ 49” W along said stone wall along Marsh Hill Road a distance of 212.24 feet to the point of beginning.
     The commonwealth and the town of Dracut, and their agents and assigns, shall retain, as ancillary to and for the benefit of the land remaining under the original restriction, an easement and right of way to pass and repass in perpetuity on foot and by vehicle on all roadways, farm roads and bridges now existing or hereafter constructed on the parcel released under this section, for any purposes set forth in the original restriction as hereby amended. 
     SECTION 2.  As a condition precedent to the release of the 2.27 acre parcel from the agricultural preservation restriction pursuant to section 1, Margaret Hatch and the department of agricultural resources shall execute and record an amendment to the original agricultural preservation restriction in order to place a currently unrestricted parcel of 9.519 acres of land owned by Margaret Hatch under her former name of Margaret Ogonowski, under the original restriction in accordance with the terms and provisions of the original restriction.  The 9.519 acre parcel is shown as New Lot 8 on a plan of land entitled      “Fox Run III Subdivision Plan of Land in Dracut, Middlesex County, Massachusetts prepared for Gerald Lussier & Douglas Dooley, 34 Broadway Road, Dracut, Massachusetts, 01826 scale 1” = 50’” dated December 14, 1998, revised December 24, 1998, and recorded with the Middlesex northern district registry of deeds in plan book 199, plan 120, and is more particularly described as follows:
     Beginning at the south east corner of said parcel and at the intersection of two stone walls on the northerly side of so called Proprietors lane;
     thence southwesterly by said wall and Proprietors lane a distance of 453.35 feet to the intersection of two walls at the land now or formerly of Keefe;
     thence N 3º 30’ 48” E by a wall a distance of 872.89 feet to a drill hole;
     thence N 77º 7’ 19” E by a distance of 112.3 feet to a stone bound;
     thence N 5º 40’ 05” a distance of 74.57 to a point at lot number 15;
     thence, along lot number 15 S 87º 59’ 30” E a distance of 317.21 feet to a stone wall at land of Lannon;
     thence S 2º 00’ 25” W along said wall a distance of 341.52 feet to the land now or formerly of John and Margaret Ogonowski; and
     thence S 2º 05’ 41” W along the wall at land of Ogonowski a distance of 607.63 feet to the point of beginning.
     The parcel shall remain encumbered by sewer and power easements as shown on the above referred plan.
     SECTION 3.  As a condition subsequent to the release of the 2.27 acre parcel from the agricultural preservation restriction pursuant to section 1, Margaret Hatch and her heirs, successors and assigns, shall: (i) implement a best management plan and nutrient management plan for hay production for all of the land subject to the amended agricultural preservation restriction described in this act, developed in accordance with industry standards, such plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Margaret Hatch and the department biannually; (ii) implement a resource management plan developed for all of the land subject to the amended restriction, such plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Margaret Hatch and the department every 5 years; (iii) implement a nutrient management plan developed for all of the land subject to the amended restriction, such plan and the implementation thereof to be reviewed and reported to the department by an independent third party mutually satisfactory to Margaret Hatch and the department every 5 years; and (iv) develop and implement a plan establishing hay production on the 9.519 acre parcel subject  to the amended restriction, which plan shall be integrated within the best management plan and nutrient management plan for hay production set forth in clause (i); or, in the alternative, implement a farm conservation plan approved by the Natural Resources Conservation Service in the United States Department of Agriculture.  If Margaret Hatch fails to develop and implement a plan, the department shall select an enhancement to productivity and notify Margaret Hatch who shall implement the plan.
     SECTION 4.  Except as authorized to be amended by this act, the original agricultural preservation restriction described in section 1 shall remain in full force and effect.

Approved, August 6, 2014.