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H 3282

Secretary of Transportation

2025-2026 Regular Session Introduced by Thomas Beach and 9 co-sponsors

Allows Westford to release portions of agricultural preservation restrictions on land to allow MassDOT to acquire parcels for Boston Road rehab, with specific restoration and fundi

Member(s) request name added as sponsor: Huff, Gilreath, Pace, Edgerton, Frank, Kilmartin, White, Cromer
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Bill Summary · H 3282

Summary — H.3282 (An Act authorizing the town of Westford to release agricultural preservation restrictions over land owned by Westford Gateway, LLC)

Purpose

H.3282 authorizes the town of Westford to release portions of agricultural preservation restrictions (APRs) that encumber land owned by Westford Gateway, LLC in order to allow the Massachusetts Department of Transportation (MassDOT) to acquire those parcels for the rehabilitation of Boston Road in Westford. The bill establishes conditions for the release, mitigation requirements, and responsibilities for restoration and transaction costs.

Key provisions

  • Authorizes Westford to execute a certificate of release for so much of the APRs (originally granted by Keith A. Bohne and Nanci Bohne) as lies within lands MassDOT will acquire for the Boston Road rehabilitation project. The APRs are recorded in Middlesex North Registry of Deeds (books/pages: 8569/242; 9155/153; 10124/169) and shown on the plan “Compiled Plan of Land 66 Boston Road Westford, Massachusetts” (Plan Book 194, Page 7).
  • Identifies the affected parcels as shown on a preliminary right-of-way plan (“Proposed – Not to Scale Project #609035 Westford – Westford Gateway, LLC Parcel Sketch – 01-30-24”) as parcels 20‑E‑1, 20‑GR‑PUE‑2, and 20‑PUE‑14 (to be filed with the Chief Engineer of the Highway Division and recorded in the Middlesex North Registry).
  • Requires that all parcels used for construction be restored to their pre-construction condition to protect surrounding conservation values.
  • Mitigation: MassDOT must provide funding in lieu of replacement land equal to at least 110% of the greater of (a) fair market value or (b) value in use of the impacted lands, as determined by an independent appraisal. Westford must deposit these funds into its Community Preservation Fund and dedicate them solely to acquiring land for conservation or agricultural preservation.
  • Replacement acquisition: The town must use the funds within 3 years to acquire replacement land that is in a comparable location, of equal or greater natural-resource value (as determined by the Secretary of Energy and Environmental Affairs), and of equal or greater acreage and monetary value (independent appraisal).
  • MassDOT shall pay all costs for engineering, surveys, appraisal, deed preparation, and other expenses necessary to execute the release.
  • All APRs not expressly released under this act remain in full force.
  • Effective upon passage.

Who is affected

  • Town of Westford (may execute release; receives mitigation funds to its Community Preservation Fund)
  • Westford Gateway, LLC (owner of impacted parcels)
  • Previous APR grantors (Keith A. Bohne and Nanci Bohne) — existing APRs partially released
  • Massachusetts Department of Transportation (acquiring land, funding mitigation, assuming transaction costs)
  • Local conservation and agricultural interests (replacement land must be of comparable or greater resource value)

Procedural / timeline notes

  • Introduced: Feb 27, 2025 (prefiled Dec 5, 2024). Presented by Rep. James Arciero and Sen. John J. Cronin.
  • Committee activity: Referred to State Administration and Regulatory Oversight (2/27/2025); favorable report and referral to House Ways and Means (7/3/2025); committee recommended “ought to pass with an amendment” and substituted a new draft (H.4362) (7/30/2025). Hearing was scheduled 04/09/2025.
  • Current status (as of 7/30/2025): Committee substitution and amendment pending; proceedings continued under substituted draft H.4362.

Note: The bill text provided included unrelated language from a South Carolina statute concerning the Secretary of Transportation; that text is not part of this Massachusetts local bill and is not relevant to H.3282’s provisions.

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

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