Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3413 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3659 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3413
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Aaron L. Saunders, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the Division of Capital Asset Management and Maintenance to convey
13	13	Lampson Brook Farm in Belchertown to the Nipmuc People and the Historic Jepson Farmstead
14	14	Parcel to the New England Small Farm Institute.
15	15	_______________
16	16	PETITION OF:
17	17	NAME:DISTRICT/ADDRESS :DATE ADDED:John Berryhill8 Atherton Ln., Belchertown, MA
18	18	01007
19	19	1/17/2025 1 of 4
20	20	HOUSE DOCKET, NO. 3659 FILED ON: 1/17/2025
21	21	HOUSE . . . . . . . . . . . . . . . No. 3413
22	22	By Representative Saunders of Belchertown (by request), a petition (accompanied by bill,
23	23	House, No. 3413) of John Berryhill that the commissioner of Capital Asset Management and
24	24	Maintenance be authorized to grant Lampson Brook Farm in the town of Belchertown to the
25	25	Nipmuc Indian Development Corporation, and to the New England Small Farm Institute. State
26	26	Administration and Regulatory Oversight.
27	27	The Commonwealth of Massachusetts
28	28	_______________
29	29	In the One Hundred and Ninety-Fourth General Court
30	30	(2025-2026)
31	31	_______________
32	32	An Act authorizing the Division of Capital Asset Management and Maintenance to convey
33	33	Lampson Brook Farm in Belchertown to the Nipmuc People and the Historic Jepson Farmstead
34	34	Parcel to the New England Small Farm Institute.
35	35	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
36	36	of the same, as follows:
37	37	1 As used in this act, the following words shall have the following meanings unless the
38	38	2context requires otherwise:
39	39	3 “Lampson Brook Farm”, an approximately 430-acre historic site comprised of five
40	40	4distinct parcels: a 240-acre forest parcel, a120-acre commercial agricultural parcel, a 44-acre
41	41	5community farm parcel, a 10-acre enterprise zone parcel and the 16-acre historic Jepson
42	42	6farmstead parcel and grounds and as further described on the survey plan.
43	43	7 “Survey plan”, a plan that clearly delineates the 5 parcels that comprise the Lampson
44	44	8Brook Farm.
45	45	9 “Division”, the division of capital asset management and maintenance. 2 of 4
46	46	10 “Grantee” ,the non-profit Nipmuc Indian Development Corporation (NIDC) or the New
47	47	11England Small Farm Institute (NESFI), depending upon the parcel conveyed.
48	48	12 “Jepson farmstead parcel”, approximately 8.4 acres of land that includes the historic
49	49	13Jepson farmhouse and adjacent land and the former root cellar parcel.
50	50	14 “Commercial agriculture parcel”, approximately 120 acres of commercially managed
51	51	15farmland and associated conservation land as further identified on the survey plan. This land will
52	52	16continue to be leased to current leaseholders as long as they wish to remain.
53	53	17 “Community farm parcel”, approximately 44 acres, including the historic Belchertown
54	54	18state school structures and viewscape and associated farm fields and garden plots, as further
55	55	19defined in the survey plan.
56	56	20 "Forest parcel”, approximately 240 acres of forest and natural cover, including the former
57	57	21compost site, as further described on the survey plan.
58	58	22 “Enterprise zone parcel”, approximately 10 acres of land that makes up the site of the
59	59	23former dairy farm structures.
60	60	24 “Hassanamisco Nipmuc Band”, a state-recognized tribe of the Commonwealth of
61	61	25Massachusetts who are descendants of the original inhabitants of Belchertown.
62	62	26 “Nipmuc Indian Development Corporation,” also referred to as the “NIDC,” a 501(c)3
63	63	27Massachusetts state non-profit owned by the Hassanamisco Nipmuc Band.
64	64	28 “New England Small Farm Institute” also referred to as the “NESFI,” a 501(c)3
65	65	29Massachusetts state non-profit, which held a lease on the property from 2003-2023. 3 of 4
66	66	30 Be it enacted by the Senate and House of Representatives in General Court assembled,
67	67	31and by the authority of the same, as follows:
68	68	32 SECTION 1. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
69	69	33Laws or any other general or special law to the contrary, the commissioner of capital asset
70	70	34management and maintenance is authorized and directed to grant fee-simple title to the historic
71	71	35Lampson Brook Farm in Belchertown in part to the Nipmuc Indian Development Corporation
72	72	36and in part to the New England Small Farm Institute (NESFI) as specified in this Act.
73	73	37 SECTION 2. Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General
74	74	38Laws, in consideration of the stewardship and land maintenance and management obligations,
75	75	39restrictions and operational expenses undertaken by grantees, the division shall transfer fee-
76	76	40simple ownership of the 5 parcels comprising the Lampson Brook Farm as follows:
77	77	41 1. The Jepson farmstead parcel, at no cost, to the New England Small Farm Institute, Inc.
78	78	42or its successor organization, provided that any proposed transfer to a successor organization
79	79	43shall be approved by the division, prior to such transfer. There shall be a historic preservation
80	80	44restriction over the Jepson farmstead parcel in compliance with section 32 of chapter 184 of the
81	81	45General Laws which shall be held by a qualified public or private entity. Permitted uses of the
82	82	46Jepson farmstead parcel shall include, but not be limited to, office space, classrooms, meeting
83	83	47and archival storage space, and residential use, so long as these uses comply with applicable
84	84	48historic preservation restrictions.
85	85	49 2. The Commercial agriculture parcel, at no cost, to the nonprofit Nipmuc Indian
86	86	50Development Corporation. 4 of 4
87	87	51 3. The Community farm parcel, at no cost, to the nonprofit Nipmuc Indian Development
88	88	52Corporation upon the condition that the grantee shall commit to honoring the terms of any lease
89	89	53between the Commonwealth and NESFI in force at the time of the transfer of title to the Nipmuc
90	90	54Indian Development Corporation and allowing NESFI and others operating under subleases from
91	91	55NESFI to continue farming the land under the terms and conditions of these leases until their
92	92	56expiration. After the NIDC assumes ownership of the Community Farm parcel and after prior
93	93	57Commonwealth lease terms have ended, the duration of future leases shall be no less than 5
94	94	58years.
95	95	59 4. The Forest parcel, at no cost, to the nonprofit Nipmuc Indian Development
96	96	60Corporation.
97	97	61 5. The Enterprise zone parcel, at no cost, to the nonprofit Nipmuc Indian Development
98	98	62Corporation.
99	99	63 6. Commonwealth funds may be used to restore or partially restore the enterprise zone
100	100	64parcel to successfully complete the transition from the former dairy farm into Nipmuc farm
101	101	65worker housing.
102	102	66 7. The landfill site of the former Belchertown State School as described in the survey
103	103	67plan and the management plan shall remain under the care and control of the division. The
104	104	68division may dispose of that parcel provided the division shall consider and ameliorate the
105	105	69impact any such disposition may have on adjacent property.
106	106	70 SECTION 3. Chapter 355 of the acts of 2020 and Chapter 664 of the acts of 1986 are
107	107	71hereby repealed.