| By Mr. Rosenberg, a petition (accompanied by bill, Senate, No. 2676) of Stanley C. Rosenberg and Peter V. Kocot for legislation to affect certain land in Northampton subject to anagricultural preservation restriction. Environment, Natural Resources and Agriculture. |
AN ACT AFFECTING CERTAIN LAND IN NORTHAMPTON SUBJECT TO AN AGRICULTURAL PRESERVATION RESTRICTION.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize and permit grant of a drainage easement on land subject to an agricultural preservation restriction in order to facilitate the construction of public infrastructure improvements and the creation of affordable housing located on certain nearby land not subject to the agricultural preservation restriction, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public good.
SECTION 1. Pursuant to chapter 568 of the acts of 1983, the Commonwealth of Massachusetts, acting through the commissioner of food and agriculture, granted to the Commonwealth of Massachusetts, acting through the commissioner of food and agriculture, and the city of Northampton, an agricultural preservation restriction on land located in Northampton and more fully described in said restriction recorded at Book 3561, Page 285 in the Hampshire County Registry of Deeds. The commissioner of food and agriculture is now named the commissioner of agricultural resources.
SECTION 2. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources, and the commissioner of agricultural resources are hereby authorized to grant a permanent and exclusive easement to Hospital Hill Development LLC, a Delaware limited liability company, c/o Massachusetts Development Finance Agency, 160 Federal Street, Boston, Massachusetts 02110, for the location, construction, installation, maintenance, repair, and replacement of a storm water drainage and outfall system on a portion of the land subject to said agricultural preservation. Said system shall include a concrete headwall, drainage pipes, and such other components as shown on a plan entitled “Village Hill—Phase II Roads, Hospital Hill Development LLC, Northampton, MA: Proposed Stormwater Detention Pond Plan (Sheets 18, 19 and 20)” dated March 13, 2008 and prepared by Tighe & Bond, Inc., Consulting Engineers and held in the offices of the division of capital asset management and maintenance. The drainage and outfall system shall be installed in conformance with said plan. The land to be subject to the easement is more particularly described as follows:
Beginning at a point at the southwesterly corner of land of Hospital Hill Development LLC, as shown on a plan recorded in the Hampshire County Registry of Deeds as Plan Book 216, Pages 71-85, and also held in the offices of the division of capital asset management and maintenance, said point being North 2,941,131.93’, East 344,869.55’ Massachusetts Plane Coordinate System, as shown on a plan entitled “Outfall Easement” dated April 2, 2008 and prepared by Tighe & Bond, Inc., Consulting Engineers, thence turning and running;
S 51° 26’ 33” W ninety three and 19/100 (93.19’) feet along lands now or formerly of the City of Northampton to a point, thence turning and running;
S 51° 26’ 33” W thirty one and 01/100 (31.01’) feet to a point, thence turning and running;
N 53° 13’ 20” W fifty eight and 87/100 (58.87’) feet to a point, thence turning and running;
N 00° 00’ 00” E fifty seven and 29/100 (57.29’) feet to a point, thence turning and running;
N 90° 00’ 00” E fifty and 82/100 (50.82’) feet to a point, thence turning and running;
S 00° 00’ 00” E fifty seven and 82/100 (57.82’) feet to a point, thence turning and running;
S 53° 13’ 20” E twenty five and 70/100 (25.70’) feet within land of The Commonwealth of Massachusetts Department of Food and Agriculture, now named the department of agricultural resources, to the point of beginning.
SECTION 3. The Commonwealth of Massachusetts, acting by and through the commissioner of agricultural resources and the commissioner of capital asset management and maintenance, is hereby authorized to amend the agricultural restriction defined in Section 1 to provide for the permanent and exclusive easement defined in Section 2, and further authorized to amend any and all leases of the property subject to and defined in the agricultural preservation restriction or in chapter 568 of the acts of 1983 in order to recognize and accommodate said permanent and exclusive easement for the storm water drainage and outfall system to be granted to Hospital Hill Development LLC.
SECTION 4. The city of Northampton, in consultation with the commissioners of agricultural resources and the division of capital asset management and maintenance, is hereby authorized to amend the agricultural restriction defined in Section 1 to provide for the permanent and exclusive easement defined in Section 2, and further authorized, in consultation with the commissioners of agricultural resources and the division of capital asset management and maintenance, to amend any and all leases of the property subject to and defined in the agricultural preservation restriction or in chapter 568 of the acts of 1983 in order to recognize and accommodate said permanent and exclusive easement for the storm water drainage and outfall system to be granted to Hospital Hill Development LLC.
SECTION 5. In consideration of the grant of the permanent and exclusive easement as defined in Section 2 and the amendment of the agricultural preservation restriction as defined in Section 1, Hospital Hill Development LLC, at the same time as installation of the drainage easement described in section 2 is taking place, shall restore the agricultural drainage ditch located on the easterly side of the land subject to an agricultural preservation restriction, specifically Parcel J as more fully described in the agricultural preservation restriction recorded at Book 3561, Page 0285, at the Hampshire County Registry of Deeds. Restoration of the drainage ditch shall be conducted in cooperation and consultation with the department of agricultural resources as well as the National Resources Conservation Service and shall be limited to the excavation and stabilization of the drainage ditch and such other acts as may be necessary to make the drainage ditch restoration function in a satisfactory manner pursuant to specifications to be prepared by Hospital Hill Development LLC and approved by the department of agricultural resources and the National Resources Conservation Service. Such restoration activity shall not exceed Ten Thousand Dollars ($10,000).
SECTION 6. Except as amended by this act, the referenced agricultural preservation restriction shall remain in existence as recorded and in full force and effect.
SECTION 7. This act shall take effect upon its passage.
