Bike path - declaration of surplus land

Post date: Jul 15, 2020 7:17:34 PM

There is a piece of land that was originally associated with the Photech property that lies on the north side of the Hoosic River. As part of the bike path environmental approval process, this piece of land will be serving as a habitat management zone for the hairy fruited sedge, a protected plant. To that end, it needs to be overseen by the Conservation Commission (and is logical given their land across the river in Linear Park.) In order to move it to them, the Board needs to act as noted below and then there has to be approval at Town Meeting to transfer it to ConCom.

Hi Andrew,

To transfer the property to the Conservation Commission, we need 2 things to happen: (1) the Select Board needs to vote that the property is surplus property, and (b) Town Meeting needs to vote, by a 2/3rds vote, to transfer the property to the Conservation Commission. The Select Board’s vote typically occurs prior to Town Meeting. We should record a certified copy of the Town Meeting vote with an attorney’s affidavit, so that the property is known on record to be in the custody of the Conservation Commission.

Select Board’s Vote: Moved pursuant to G.L. c. 40, §15 that the parcel of land shown on Assessors Map 110 as Parcel 18, containing 7.1 acres, more or less, and being a portion of the premises described in the Order of Taking recorded with the Berkshire (North) District Registry of Deeds in Book 1302, Page 1019, is no needed for the purpose of conveyance or for other public purposes and is surplus to the needs of the Select Board.

Warrant Article: To see if the Town will vote to transfer from the Select Board for the purpose of conveyance to the Conservation Commission for conservation and passive recreation purposes under G.L. c. 40, §8C, the care, custody and control of the parcel of land shown on Assessors Map 110 as Parcel 18, containing 7.1 acres, more or less, and being a portion of the premises described in an instrument recorded with the Berkshire (North) District Registry of Deeds in Book 1302, Page 1019, which parcel shall be dedicated to the foregoing purposes in perpetuity and be subject to the provisions of Article 97 of the Massachusetts Constitution, or take any other action in relation thereto.

Please let me know if you have any questions.

Thanks.

Shirin Everett, Esq.

KP | LAW