Chapter 331. AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY CERTAIN PROPERTY IN THE TOWN OF HADLEY TO WILLIAM PELISSIER AND GARY PELISSIER.
Be it enacted, etc., as follows:
SECTION 1. Notwithstanding the provisions of section forty E to forty J, inclusive, of chapter seven of the General Laws, the commissioner of capital planning and operations, with the approval of the commissioner of the department of fisheries, wildlife and environmental law enforcement, is hereby authorized to convey by deed, which deed shall require the signature of the commissioner of the department of fisheries, wildlife and envi-
Chap. 331
ronmental law enforcement approving such conveyance, for the consideration stated in section two and subject to the terms stated in section three, to William Pelissier and Gary Pelissier, grantees, of the town of Hadley, a certain parcel of commonwealth land in said town of Hadley containing one and one-half acres more or less and more particularly described in a deed dated September 25, 1969 from William E. Pelissier to the commonwealth and recorded in the Hampshire county registry of deeds, Book 1564, Page 108.
SECTION 2. In consideration of and simultaneously with such conveyance authorized in section one, the grantees shall acquire and convey to the commonwealth by deed or consensual taking through the department of fisheries, wildlife and environmental law enforcement, the fee simple interest in a parcel of land to be designated by the commissioner of the department of fisheries, wildlife and environmental law enforcement, of not less than equal value to the land conveyed in section one, as determined by independent appraisals of value. The grantees shall assume all costs for appraisals, surveys and title examinations and certifications as may be required by the commissioner of the department of fisheries, wildlife and environmental law enforcement on the subject parcel and the exchange parcel. All such work is to be carried out in full cooperation with, and by vendors approved by, said department of fisheries, wildlife and environmental law enforcement and in compliance with performance standards established by the executive office of environmental affairs. The inspector general shall review and approve any such appraisal and such review shall include a review of the methodology utilized for such appraisal. The inspector general shall prepare a report of his review and file such report with the commissioner for submission to the house and senate committees on ways and means and the chairmen of the joint committee on state administration in accordance with this section.
SECTION 3. The parcel of land authorized to be conveyed pursuant to section one shall be surveyed and the resulting recordable plan of land shall designate three zones as follows: Zone 1 shall be all of said parcel within one hundred and fifty feet of the mean high water line of the Connecticut river; Zone 2 shall be an approximately rectangular area of said parcel immediately adjacent to Zone 1 being the full northwesterly-southeasterly width of said parcel and extending northeasterly to an existing monument along the southeasterly line of said parcel; and Zone 3 shall be all remaining area of said parcel. The parcel of land authorized to be conveyed in section one shall be conveyed by the commonwealth subject to restrictions on use as stated herein, said restrictions to remain in effect in perpetuity. The land in Zone 1 shall remain in its open, natural and unimproved condition. All activities shall be prohibited in Zone 1 except for pedestrian use and the installation of underground utility lines in accordance with all other laws and regulations. Said restriction shall include, but not be limited to, the prohibition of the following: construction of any permanent or temporary structures, creation of paved, graveled or otherwise improved parking areas, driveways, walking paths or other areas, long-term or seasonal storage of any items or materials and any other activity or improvement which may reduce the natural character of said Zone 1. The land in Zone 2 shall be subject to all the restrictions which shall apply to Zone 1; provided, however, that portions of Zone 2 may be improved with water pervious
Chap. 331
surfacing for vehicle parking. No impervious road or parking surfaces and no bituminous concrete or similar surfaces may be used in Zone 2. Zone 3 is hereby conveyed to the grantees free of any restrictions on use.
Approved August 9, 1996.