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H 5463

An Act relative to a conservation restriction in the town of Middleton

194th Legislature (2025-2026) Introduced by Brad Jones and 2 co-sponsors

Allows releasing ~38,197 sq ft from a Middleton conservation restriction if a replacement restriction on ~9.33 acres is placed to ensure no net loss of conserved land.

Read second and ordered to a third reading
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Bill Summary · H 5463

Summary of H.5463 (194th MA General Court): An Act relative to a conservation restriction in the town of Middleton

Purpose and intent

  • The bill authorizes adjustments to a conservation restriction in Middleton to address a prior violation and to maintain net conservation land as required by Article 97 and related constitutional protections.
  • It enables the Middleton Conservation Commission to release or amend portions of land previously under a conservation restriction, with a corresponding land transfer to avoid a net loss of conserved land.

Key provisions

1) Release or amendment of a portion of the existing conservation restriction
- The Middleton Conservation Commission may execute a certificate of release or amendment to release or exclude about 38,197 square feet of land from the conservation restriction.
- The affected land is identified on the plan titled “Lots 3 and 4 Leitner Way & Essex County Greenbelt Association,” prepared by Williams & Sparages, LLC (dated April 2, 2026).
- This action is taken to resolve a prior violation of the existing conservation restriction granted by Monastiero Consulting Services, LLC (recorded in Essex County registry of deeds, Book 28684, Page 482).

2) Requirement to compensate with a conservation restriction elsewhere
- As a condition of the release/amendment, Middleton’s Conservation Commission must accept and hold a conservation restriction on a separate parcel to ensure no net loss of land subject to Article 97 protections.
- The replacement land is Lot 10A, approximately 9.33 acres, shown on a plan titled “A Plan of Land in Middleton, Massachusetts” (dated October 9, 1996), prepared by Hayes Engineering, Inc. This land is described as a portion of land recorded in the Essex County registry of deeds (Book 312, Plan 29).

3) costs and administration
- Monastiero Consulting Services, LLC is responsible for all costs associated with engineering, surveys, appraisal, deed preparation, and other expenses necessary to effect the conveyances authorized by the act.

4) Preservation of remaining restrictions
- All portions of the conservation restriction not released or amended under this act shall remain in full force and effect.

5) Effective date
- The act takes effect upon passage.

Affected parties and land

  • Town of Middleton: Conservation Commission administering the change.
  • Monastiero Consulting Services, LLC: Original holder of the conservation restriction and responsible for associated costs to implement the changes.
  • Essex County land records: The specific parcels and deeds identified in the act and accompanying plans.
  • Public interest: Ensures no net loss of land protected under Article 97, maintaining overall conservation objectives while resolving a prior violation.

Procedural/timeline aspects

  • Filed: May 26, 2026.
  • Action history: Referred to the Committee on Municipalities and Regional Government on May 28, 2026.
  • The bill specifies a clear sequence: release/amendment of the original restriction, transfer-and-replace restriction to Lot 10A, cost obligations on Monastiero, and continuation of other restrictions as-is.

Notes for readers

  • The bill emphasizes environmental protection by guaranteeing no net loss of conserved land despite releasing a portion of the original restricted land.
  • It ties the release to a specific plan and requires safeguards through the reciprocal conservation restriction on the replacement parcel.
  • It is a local/local-option measure governing land conservation within Middleton, subject to state conservation law provisions (General Laws, Chapter 3, §5A; Chapter 184, §31).

Compiled from official sources — confirm details with the bill’s official record.

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