Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately permit the town of Belmont to utilize certain parcels of land for cemetery purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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 deputy commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey to the town of Belmont, by a deed approved as to form by the attorney general, a certain parcel of land in the city of Waltham, being a portion of the land of the Metropolitan state hospital, for cemetery purposes. Said parcel is bounded and described as follows:

Beginning at a point in the center of Beaver Brook on the Belmont/Waltham town line, said point marked by a granite bound;

thence running northwesterly by land owned by the Town of Belmont being the former incinerator site six hundred thirteen and fifty-five hundredths (613.55) feet;

thence turning and running in a southwesterly direction by land of the Commonwealth of Massachusetts seven hundred and eighty (780+) feet more or less;

thence turning and running still in a southwesterly direction by land of the Commonwealth of Massachusetts two hundred fifty (250+) feet more or less;

thence turning and running in a southeasterly direction by land of the Commonwealth of Massachusetts five hundred (500+) feet more or less;

thence turning and running in an easterly direction by land of the Commonwealth of Massachusetts nine hundred eighty (980+) feet more or less to the center line of Beaver Brook on the Belmont/Waltham town line;

thence turning and running in a northwesterly direction by the center line of Beaver Brook one thousand two hundred and fifty (1,250+) feet more or less to the point of beginning.

Containing twenty-seven and twenty-four hundredths (27.24+) acres more or less, all as shown on a plan entitled, "Plan of Metropolitan State Hospital, Waltham, Lexington and Belmont, Mass." dated November 14, 1986, by the engineering department of the town of Belmont.

SECTION 2. The deputy commissioner of the division of capital planning and operations is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey to the town of Belmont by a deed approved as to form by the attorney general, a certain parcel of land in the town of Belmont formerly used for the purposes of incineration by the town of Belmont under the provisions of chapter five hundred and thirteen of the acts of nineteen hundred and fifty-five and subsequently by this declaration of reversion reverted to the commonwealth under section three of said chapter five hundred and thirteen, for the purpose of access to the cemetery authorized by section one, and for use as a refuse transfer station or any other related purpose. Said parcel is bounded and described as follows:

Beginning at a point in the southwesterly line of Concord Avenue, distant one thousand six hundred eighty-five (1,685) feet from the Lexington town line; thence running along Concord avenue to the property line of the Massachusetts General Hospital, (now McLean Hospital Corporation) six hundred thirty-four and eighty-five one hundredths (634.85) feet; thence turning and running southerly by land of said Massachusetts General Hospital, four hundred sixty-one and forty-five one hundredths (461.45) feet; thence turning and running southwesterly but more westerly across Clematis brook to the middle line of Beaver brook, five hundred sixty-six and ninety one hundredths (566.90) feet; thence turning and running southeasterly but more southerly by the middle line of said Beaver brook to the Waltham town line, two hundred thirty-four and eighty one hundredths (234.80) feet; thence turning and running northwesterly along the Waltham town line, six hundred thirteen and fifty-five one hundredths (613.55) feet to a point marked by a stone bound; thence turning and running northeasterly one thousand one hundred ten and forty-one one hundredths (1,110.41) feet, to the point of beginning; being the parcel of land shown on a plan entitled "Plan of land in Belmont, Mass. Scale 1 inch = 150 feet, dated April 29, 1955 by Joseph W. Kales, Town Engineer" on file in the town clerk's office in the town of Belmont and recorded at the southern district registry of deeds in the county of Middlesex.

SECTION 3. In the event the parcel described in section one is not used for cemetery purposes within five years of the effective date of this act, or if the town of Belmont ceases to use the parcel for such purposes at any time, the ownership of said parcel shall revert to the commonwealth.

In the event the parcel described in section two is not used for access to the cemetery authorized in section one or as a refuse transfer station or any other related purpose within five years of the effective date of this act, the ownership of said parcel shall revert to the commonwealth.

SECTION 4. The town of Belmont shall assume the costs of surveys, and other reasonable expenses as deemed necessary by the deputy commissioner in the event of conveyance of the above described parcels in accordance with sections one and two.