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S 2723

Relates to free use of cabins and cottages located in public places of recreation by veterans

2025 Regular Session Introduced by Rob Ortt and 1 co-sponsor

authorize Westford to release portions of agricultural preservation restrictions so MassDOT can acquire land for Boston Road rehab, with 110% mitigation and replacement land safegu

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
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Bill Summary · S 2723

Summary — S.2723 (2025): Release of agricultural preservation restrictions for MassDOT project in Westford

Note on discrepancies: The bill header and some metadata provided (title about veterans’ use of cabins; “Treatment Court, Rehabilitation, and Recovery Act of 2025”; sponsors that appear to be federal) do not match the bill text. The enacted text of S.2723 as reported by the Senate Ways & Means committee addresses a narrow Massachusetts state matter: authorizing a partial release of agricultural preservation restrictions (APRs) in the town of Westford to allow Massachusetts Department of Transportation (MassDOT) to acquire land for a road rehabilitation project on Boston Road. Readers should confirm the official legislative database for authoritative metadata.

Purpose
- To authorize the Town of Westford to release portions of existing agricultural preservation restrictions over certain parcels so MassDOT may acquire land needed for rehabilitation of Boston Road, and to require mitigation funding and protections to replace lost conservation/agricultural values.

Key provisions
- Section 1: Authorization
- Westford may execute a certificate of release for portions of APRs granted by Keith A. Bohne and Nanci Bohne as described in recorded instruments (Book 8569, Page 242; Book 9155, Page 153; Book 10124, Page 169) and shown on a 1997 plan (Plan Book 194, Page 7).
- The impacted parcels lie along the northeasterly side of Boston Road and are identified on a preliminary right-of-way plan (dated March 29, 2024; Plan Book 252, Plan 30) as parcels 20-E-1, 20-GR-PUE-2 and 20-PUE-14. The plan must be filed with the MassDOT chief engineer and recorded in the Middlesex North Registry of Deeds.
- Parcels used for construction must be restored to their pre-construction condition to protect surrounding conservation values.

  • Section 2: Mitigation (funding in lieu of replacement land)

    • MassDOT must provide mitigation funding to Westford equal to at least 110% of the fair market value or the “value in use” of the impacted lands, whichever is greater, as determined by an independent appraisal.
    • The town must deposit the payment into its Community Preservation Fund and dedicate the funds solely to acquiring land for conservation or agricultural preservation.
    • The town shall use the funds (per the text) not less than 3 years after passage to acquire replacement land of comparable location and equal or greater natural-resource value (as determined by the Secretary of Energy and Environmental Affairs) and equal or greater acreage and monetary value (by independent appraisal).

  • Section 3: Transaction costs

    • MassDOT must pay all costs related to engineering, surveys, appraisal, deed preparation, and other expenses necessary to complete the release.

  • Section 4: Remaining APRs

    • Except for the partial release authorized, the APRs identified remain in full force and effect.

  • Section 5: Effective date

    • The act takes effect upon passage.

Who is affected
- Property owners (Keith and Nanci Bohne) — partial release of APRs covering their lands.
- Town of Westford — authority to execute release; responsibility to hold mitigation funds in its Community Preservation Fund and acquire replacement land per conditions.
- Massachusetts Department of Transportation — acquires land, funds mitigation (≥110% of value), and covers transaction costs; must file/record right-of-way plan and restore construction areas.
- Conservation and agricultural interests — affected by change in protected acreage but provided mitigation funding intended to replace lost resource value.

Procedural/administrative notes
- Independent appraisals and an administrative determination by the Secretary of Energy and Environmental Affairs are required to set values and ensure comparability of replacement land.
- Recording and plan-filing requirements are specified with references to the Middlesex North Registry of Deeds.

Recommendation
- Verify final bill text and official title in the Massachusetts legislative database due to conflicting metadata provided with the bill materials.

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

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