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Session Laws

1988

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CHAPTER 322 AN ACT TRANSFERRING CONTROL OF CERTAIN PARCELS OF LAND IN THE TOWN OF BREWSTER.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The town of Brewster is hereby authorized to transfer the care, custody, management and control of nine certain parcels of land which were acquired by said town for the purposes of promoting and developing natural resources and the protection of the watershed resources of said town from the conservation commission of said town to the water commissioners of said town to be used as a site for town water wells to improve the public water supply, for purposes incidental thereto and for passive recreation.

Said parcels are bounded and described as follows:

PARCEL 1: A certain parcel of land together with the buildings thereon, being Parcel Two (2) as shown on a plan of land in Brewster, prepared for West Gate Cranberry Plantation, John F. Hall, Owner, dated May 15, 1970 and recorded with Barnstable Registry of Deeds in Plan Book 237, Page 155, which begins at a concrete bound ten feet, more or less, from the waters edge of Upper Mill Pond, as shown on said plan;

THENCE N. 46<= 39' 45" E. along the edge of said Upper Mill Pond, a distance of 276.53 feet for a concrete bound, as shown on said plan;

THENCE S. 47<= 08' 36" E. by land now or formerly of Carlston S. and Denise G. Francis, a distance of 332.26 feet to a concrete bound, as shown on said plan;

THENCE S. 51<= 16' 25" W. by Run Hill Road (which is sometimes called Westgate Road), a distance of 298.47 feet, to a concrete bound, as shown on said plan;

THENCE N. 43<= 32' 17" W. a distance of 307.53 feet, to the point of beginning, as shown on said plan.

BUT EXCEPTING THEREFROM, so much of said premises as are described as Lot 2 on another plan entitled "Plan of Lots and Land, Run Hill Road, Brewster, Mass." surveyed for Spunkhorn Sand & Gravel Works, John F. Hall, owner, dated December 23, 1971 and recorded with said Deeds, Plan Book 258, Page 57.

PARCEL 2: A certain parcel of land together with the buildings thereon situated on the easterly side of Westgate Road, so-called, in said Brewster, bounded and described as follows:

Beginning at the northeasterly line of said Westgate Road at a corner of land formerly of Albert Winslow;

Thence by said road Northwesterly, Northerly and Northeasterly about ninety-seven (97) rods to a corner of land formerly of Daniel Arnes and land formerly of Albert Winslow;

Thence by said Winslow land S. 19<= W. seventy-eight (78) rods more or less to the point of beginning.

BUT EXCEPTING THEREFROM so much of said premises as are shown as Parcel 3 on the aforementioned plan entitled "Plan of Lots and Land, Run Hill Road, Brewster, Mass." surveyed for Spunkhorn Sand & Gravel Works, John F. Hall, owner, dated December 23, 1971 and recorded with said Deeds, Plan Book 258, Page 57;

PARCEL 3: A certain parcel of cranberry bog together with the buildings thereon situated in said Brewster, bounded and described as follows:

On the North by land now or formerly of Ida Pearson;

On the East by land now or formerly of the Town of Brewster;

On the South by land now or formerly of Emily Black and Jennie Baker;

On the West by land now or formerly of Jessie Alexander.

Including all rights of way and sand rights thereunto belonging.

Being the same premises described in deed recorded in said Deeds, Book 1324, Page 398.

PARCEL 4: A certain parcel of cranberry swamp with the building thereon, known as Maple Swamp Lot, situated in said Brewster, bounded and described as follows:

On the South, East and West by the upland now or formerly of Charles Crosby and March C. Crosby, and Northerly by cranberry and swamp land now or formerly of Elijah Knowles and the cranberry land formerly of Emanuel Dugan.

Being the same premises described in deed recorded in said Deeds, Book 1324, Page 398.

For boundary reference, see also a certain document entitled "Release of Sand Rights and Plan Approval" dated October 18, 1972 and executed by John F. Hall and Ivan A. Dugan which is recorded with said Deeds, Book 1755, Page 122.

PARCEL 5: A certain parcel of land together with the buildings thereon situated in the northerly half of a certain cranberry swamp in said West Brewster bounded and described as follows:

Northerly by land now or formerly of Daniel C. Barnes;

Easterly by land now or formerly of J. H. Winslow, D. F. Harwood, C. W. Perry, Frank Perry and Emanuel Dugan;

Southerly by land now or formerly of said Dugan, and by land now or formerly of March C. Winslow; and,

Westerly by land now or formerly of the heirs of Lauranna Winslow.

PARCEL 6: A certain parcel of land together with the buildings thereon situated in said West Brewster and being the swamp lying to the East of the above-described Parcel 5 and being described in a deed from Eliza J. Winslow to E. Emma Foster recorded with said Deeds, Book 265, Page 232.

PARCEL 7: A certain parcel of land together with the buildings thereon being the southerly half of a certain cranberry swamp in said West Brewster bounded and described as follows:

Northerly by land now or formerly of Daniel C. Barnes;

Easterly by land now or formerly of J. H. Winslow, D. F. Harwood, C. W. Perry, Frank Perry and Emanuel Dugan;

Southerly by land now or formerly of said Dugan, and by land now or formerly of Mary C. Winslow, and;

Westerly by land now or formerly of the heirs of Lauranna Winslow.

PARCEL 8: A certain parcel of land together with the buildings thereon situated in said West Brewster, being the swamp lying to the east of the above-described Parcel 7, and being described in a deed from Emanuel Winslow to Elijah E. Knowles, recorded with said Deeds, Book 75, Page 115.

PARCEL 9: A certain parcel of land together with the buildings thereon situated in said West Brewster bounded and described as follows:

Beginning at a concrete bound on the easterly side of Westgate Road, at the southeasterly corner of land now or formerly of John F. Hall, and at the northwesterly corner of land now or formerly of Ivan A. Dugan;

Thence N. 67<= 07' 20" E. by land of said Ivan A. Dugan, a distance of 429.85 feet, to concrete bound, by the edge of Cranberry bog now or formerly of John F. Hall;

Thence Northerly in an irregular line by said cranberry bog now or formerly of John C. Hall to land now or formerly of Paul R. B. Pierson;

Thence N. 82<= 14' 30" W. by said Pierson land, a distance of three (3) rods more or less to a concrete bound on the easterly side of Westgate Road, which is also known as Run Hill Road;

Thence S. 20<= 24' 53" W. by land now or formerly of John F. Hall, a distance of 1292.26 feet, to the point of beginning.

SECTION 2. In the event that the parcels of land described in section one shall cease to be used for the purposes so described in said section one, the said parcels shall be used for the promotion and development of natural resources and the protection of watershed resources.

SECTION 2A. The town of Brewster is hereby authorized to transfer care, custody, management and control of a certain parcel of land from the board of water commissioners of said town to the conservation commission of said town to be used for conservation, passive recreation and watershed protection purposes.

Said parcel is shown as Lot 11 on Assessors Map 39; provided, however, that so much of said Lot 11 as lies within a four hundred and fifty foot radius of the proposed water well shall be excluded for such transfer.

SECTION 3. This act shall take effect upon its passage.

Approved November 5, 1988.