SENATE, No. 52

By Mr. Moore, a petition (accompanied by bill, Senate, No. 52) of Richard T. Moore and Jennifer M. Callahan for legislation to release certain land in Bellingham from the operation of an agricultural preservation restriction. Bonding, Capital Expenditures and State Assets

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT RELEASING CERTAIN LANDIN BELLINGHAM FROM THE OPERATION OF 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:

 

SECTION 1.Whereas, the deferred operation of this act would tend to defeat its purpose, which is forthwith to release certain land 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.

Under section 40E of chapter 7 and section 32 of chapter 184 of the General Laws, but notwithstanding any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of agricultural resources may execute a certificate of release of a portion of the land subject to an agricultural preservation restriction granted by Massachusetts Farm and Conservation Lands Trust , to the commonwealth  covering approximately 97.11 acres in total, dated

May 21, 1980 , recorded at Book 5745, Page 478, Norfolk county registry of deeds , the portion being more particularly described as follows:

A certain parcel of land, with structures or other improvements thereon, located on the south side of South Main Street, Route 126 in Bellingham, Norfolk County, Massachusetts, shown as "Proposed. APR Release 3 Acres" on a plan of land entitled: "Plan of Land in Bellingham, Mass., surveyed for  MFCLT/WADE (Ozella Lakeview Farms)”; the plan, dated May 21, 1980 , to be recorded in the Norfolk county registry of deeds.

SECTION 2. The above-described land to be released from the agricultural preservation restriction, a parcel of approximately 3 acres, is currently owned by Anthony M. Ozella, Jr. and Kathleen A. Ozella, who have agreed, in consideration of the release of the land, to execute new, current agricultural preservation restrictions and options to purchase at agricultural value running to the commonwealth, to be recorded at the Norfolk county registry of deeds. The agricultural preservation restrictions and options shall cover the remaining agricultural preservation restriction land of approximately 94 acres and also a 94-acre, more or less, parcel of land, as shown on Bellingham Assessor’s Plan 0059-0005-0000, owned by Anthony M. Ozella, Jr. and Kathleen A. Ozella located off South Main Street, Route 126 in Bellingham as described in a deed recorded in the Norfolk county registry of deeds, in Book 6429, Page 124 and shall prohibit the construction of future dwellings and grant the commonwealth an option to purchase at agricultural value. In the event that the owner does not execute the said new, current agricultural preservation restrictions and options to purchase at agricultural value, the existing agricultural preservation restriction shall be reimposed on the released parcel, unless the said restriction is released or discharged by the commonwealth in its entirety in the interim.

SECTION 3. Except as partially released by this act, the referenced agricultural preservation restriction shall remain in full force and effect.