By Representative LeDuc of Marlborough and Senator Resor, joint petition (accompanied by bill, House, No. 41) of Stephen P. LeDuc and Pamela P. Resor that the Department of Conservation and Recreation be directed to include "residential use" in the granting of a certain easement in the city of Marlborough.  Bonding, Capital Expenditures and State Assets.

The Commonwealth of Massachusetts

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PETITION OF:

Stephen P. LeDuc

Pamela P. Resor

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In the Year Two Thousand and Seven.

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An Act directing the Department of Conservation and Recreation to amend a certain easement in the city of Marlborough.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Notwithstanding any general or special law to the contrary, the Department of Conservation and Recreation (as successor in interest to the Metropolitan District Commission) hereby amends its easement recorded in Book 4490 pages 167-172 (the “Easement”) affecting the property located at 175 Maple Street, Marlborough (the “Property”), and more particularly described in the Easement, by adding after the words "said property shall remain industrial" the words "residential or commercial" and by striking Sections 1, 2, 3 and 9 of the Easement.  Furthermore, any and all additional restrictions or references within the Easement limiting the use of the Property to industrial use are hereby amended to include residential and commercial use, including uses accessory to the same, including the construction of impervious surfaces for entrance, egress and parking, subject to applicable local review and jurisdiction.  In addition, the Easement is hereby amended to provide that all uses of the Property currently in effect are expressly permitted under the Easement.  

The Easement shall be deemed amended with the passage of this Act.