Kubosiak LAND ORDER to City Council February 2012
February 16, 2012
Upon the recommendation of Conservation Commission and Councilor Maureen Carney
BE IT ORDERED
WHEREAS, The Open Space and Recreation Plan: 2011-2017 recommends expanding the
Broad Brook-Fitzgerald Lake Greenway, especially along Broad Brook; and
WHEREAS, The owners of properties of the most important privately owned parcel adjacent to
the Greenway and to Broad Brook (Northampton Map ID 08-56 and 67) on Coles
Meadow Road have agreed to sell said properties; and
WHEREAS, The Conservation Commission identified this area as their top acquisition property
protecting the largest privately owned section of Broad Brook, the ecological core of
the Greenway;
WHEREAS, The Massachusetts LAND Grant provides up to 64% reimbursement for acquisition
of certain conservation areas and is a reimbursement program which requires that the
City demonstrate that it has all of the funds necessary to acquire conservation
properties prior to state reimbursement; and
WHEREAS, NO general revenue money will be requested for this project;
NOW, THEREFORE BE IT ORDERED,
That the Conservation Commission is authorized to purchase or otherwise acquire for conservation
and passive recreation purposes, as provided by Section 8C of Chapter 40 of the General Laws, any
fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General
Laws or any other interest in the above land and any immediately adjoining land; that the City
Council hereby accepts such conservation restrictions; that the Conservation Commission is
authorized to grant conservation restrictions on any land so acquired; and that the Conservation
Commission is authorized to contract for and expend any federal, state, or other aid available for this
project, including any grant from the Division of Conservation Services of the Executive Office of
Environmental Affairs, under the LAND/Self-Help Act, Section 11 of Chapter 132A of the General
Laws;
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Further that $535,000 is appropriated for such acquisition; that to meet this appropriation the
Treasurer with the approval of the Mayor is authorized to borrow $535,000 under G.L. c.44,
§7(3); and that the Conservation Commission is authorized to contract for any federal, state, or
other aid available for this project, including any grant from the Division of Conservation
Services of the Executive Office of Environmental Affairs, under the LAND Self-Help Act,
Section 11 of Chapter 132A of the General Laws;
Further that any portion of the property not critical to conservation along Coles Meadow Road is
declared surplus to City needs with the authority for the City to sell or otherwise transfer such land
and rights;
Further that any grants, donations, or sales shall be used to reimburse open space funds used for the
purchase.