AN ACT RELEASING OR EXCLUDING CERTAIN PORTIONS OF LAND FROM A CONSERVATION RESTRICTION IN THE TOWN OF MIDDLETON
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 pursuant to section 5A of chapter 3 of the General Laws, the conservation commission of the town of Middleton may execute a certificate of release or amendment in order to release or exclude certain portions of land from a conservation restriction granted to the town of Middleton by Monastiero Consulting Services, LLC and recorded in the Essex southern district registry of deeds in book 28684, page 482, for the purposes of resolving a prior violation of the conservation restriction. The portions of land to be released or excluded from the conservation restriction pursuant to this act consist of approximately 38,197 square feet, shown as the Original Conservation Restriction on a plan of land entitled “Plan of Land in Middleton, MA Lots 3 and 4 Leitner Way & Essex County Greenbelt Association”, prepared by Williams & Sparages LLC, dated April 2, 2026, a copy of which is on file with the town clerk of the town of Middleton.
SECTION 2. As a condition of the release or amendment described in section 1, to ensure no net loss of land subject to Article XCVII of the Amendments to the Constitution of the commonwealth, the conservation commission of the town of Middleton shall accept and hold a conservation restriction, as defined in section 31 of chapter 184 of the General Laws, on a parcel of land shown as Lot 10A, containing approximately 9.33 acres, on a plan of land entitled “Plan of Land in Middleton, Mass.”, dated October 9, 1996, prepared by Hayes Engineering, Inc. and described in the deed recorded in the Essex southern district registry of deeds in book 312, plan 29.
SECTION 3. Monastiero Consulting Services, LLC shall assume all costs associated with engineering, surveys, appraisal, deed preparation and other expenses necessary to execute the conveyances authorized in this act.
SECTION 4. Except as partially released or amended in accordance with this act, the conservation restriction identified in section 1 shall remain in full force and effect.
SECTION 5. This act shall take effect upon its passage.
Approved, August 5, 2026.