Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize the construction of a comprehensive geriatric care center to replace the Cushing Hospital in the town of Framingham, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 to undertake such planning and study as is necessary to create an integrated development district, including facilities and improvements thereon, at the present site of the Cushing Hospital in the town of Framingham, for the construction of a replacement public health hospital known as the Massachusetts Geriatric Center, hereinafter referred to as the "Center", for the department of public health, on an approximately thirteen-acre parcel, hereinafter referred to as "Parcel one", and for the construction of state-assisted elderly housing and mixed-income family housing and open space, recreation and other uses compatible with the residential character of the area on an approximately eighty-eight acre parcel, hereinafter referred to as "Parcel two".

Parcel one and Parcel two are bounded and described as follows:

Parcel one:

A certain parcel of land located on the westerly line of West Road in Framingham, Middlesex County, Massachusetts, excepted from Parcel two, and bounded and described as follows:

Beginning at a point to be located at the intersection of the westerly line of West Road with the northerly line of "F" Road; thence running northwesterly along the easterly line of West Road 760 feet, more or less, to a point on the southerly line of "D" Road; thence turning at a 90 degree angle and running northeasterly along the southerly line of "D" Road 730 feet, more or less, to a point; thence turning at a 90 degree angle and running southeasterly along the center line of an existing hospital building 760 feet, more or less, to a point in the northerly line of "F" Road, thence turning at a 90 degree angle and running southwesterly along the northerly line of "F" Road 730 feet, more or less, to the point of the beginning.

Said Parcel one contains approximately thirteen acres of land as shown on the above referenced plan, the precise boundaries of which shall be determined by the studies prepared pursuant to section two.

Parcel two:

A certain parcel of land located on the westerly line of West Road and the westerly line of Dudley Road in Framingham, Middlesex County, Massachusetts, and bounded and described as follows:

Beginning a point designated by a stone monument on the westerly line of Dudley Road said point being the northeasterly corner of the premises herein described; thence running southeasterly along the westerly line of Dudley Road a distance of 1744.47 feet to a point at the intersection of the westerly line of Dudley Road and the southerly line of South Road; thence turning at a point on the southerly line of South Road and running southwesterly along South Road a distance of 965 feet, more or less, to a point; thence turning and running southeasterly a distance of 535 feet, more or less, to a point; thence turning and running southwesterly a distance of 985 feet, more or less, to a point on the easterly line of Winter Street; thence turning and running northeasterly along the easterly line of Winter Street a distance of 120 feet, more or less, to a point; thence turning and running northeasterly a distance of 220 feet, more or less, to a point; thence turning and running northwesterly a distance of 200 feet, more or less, to a point; thence turning and running southwesterly a distance of 220 feet, more or less, to a point on the easterly line of Winter Street; thence turning and running northwesterly along the easterly line of Winter Street a distance of 1090 feet, more or less, to a point; thence turning and running northeasterly a distance of 150 feet, more or less, to a point on the westerly line of West Road; thence turning and running northwesterly along the westerly of West Road a distance of 1680 feet, more or less, to a point at the intersection of westerly line of West Road with the southerly line of North Road; thence crossing North Road and running northeasterly 710 feet, more or less, to a point; thence turning and running southeasterly 760 feet, more or less, to a point; thence turning and running easterly 180 feet, more or less, to a point; thence turning and running southeasterly 190 feet, more or less, to a point on the easterly line of Dudley Road, said point being the point of beginning.

The above described parcel, exclusive of Parcel one, contains approximately 88 acres of land and is shown on a plan entitled "Existing Conditions, Site Parcels" prepared by HFMH Architects, Inc. on file with the division of capital planning and operations. The precise boundaries of the said Parcel two shall be determined by the studies prepared pursuant to section two. Excepting from both Parcel one and Parcel two all lands contained within public ways owned by either the commonwealth or the town of Framingham.

SECTION 2. Said deputy commissioner is hereby authorized to expend the sum of forty-two million dollars for studies, design, preparation of plans, and construction of the center on Parcel one, and to expend an additional sum of five million dollars to demolish existing structures and building foundations and to otherwise prepare Parcel two for development and render said parcel safe from physical constraint and environmental hazard. Any capital expenditure authorized in this act shall be exempt from the provisions of sections twenty-five C to twenty-five G, inclusive, of chapter one hundred and eleven of the General Laws or any other general or special law requiring a determination of need.

SECTION 3. Said deputy commissioner is hereby authorized to expend the sum of five hundred thousand dollars to develop a master plan for the reuse of Parcel two for elderly and mixed income family housing and open space, recreation and other uses compatible with the residential character of the area to evaluate alternative proposals, and to negotiate and monitor land disposition agreements in accordance with a memorandum of agreement by and among the executive office of administration and finance, the division of capital planning and operations, the executive office of human services and the department of public health. Such memorandum shall provide the basis for a planning process, including the formation of a citizens advisory committee of up to fifteen members, hereinafter referred to as "the committee", comprised of residents of the town of Framingham, housing development experts, design and planning professionals and other participants which the deputy commissioner, with the advice of elected officials, deems appropriate. The committee shall include state and local elected officials from the district as ex-officio members. The deputy commissioner shall consider development guidelines, which the committee shall prepare for the reuse of Parcel two, for elderly, family, and other mixed-income housing, and open space, recreation, and other uses compatible with the residential character of the area as the committee deems appropriate. Said guidelines shall be advisory only and in no event shall the deputy commissioner delegate his legal authority to the committee.

SECTION 4. Said deputy commissioner is hereby authorized, subject to the provisions of section forty E to forty J, inclusive, of chapter seven of the General Laws, to sell and convey by deed approved as to form by the attorney general, Parcel two to an entity or entities, hereinafter referred to as "the developer", for the purpose of developing affordable housing, including a minimum of forty units of state-assisted elderly housing, family housing, and open space, recreation, and other uses compatible with the residential area, said elderly housing to be located in proximity to the center, integrated into the overall master plan, and compatible with the committee's development guidelines.

SECTION 5. Pursuant to the provisions of this section and sections forty E to forty J, inclusive, of chapter seven of the General Laws, the deputy commissioner is hereby authorized to solicit, evaluate, and select development proposals and enter into land disposition agreements between said division of capital planning and operations and the developer.

Prior to issuing a request for proposals pursuant to this section, the deputy commissioner shall undertake as part of the master plan such studies as are necessary to determine the economic feasibility of the terms and conditions, including selection criteria, set forth in the request for proposals.

The deputy commissioner shall issue a request for proposals. The request for proposals shall specify:

(1) the minimum number of housing units by type, including, but not limited to, elderly and family housing to be provided;

(2) if the deputy commissioner has determined the minimum or maximum space, or both, to be provided for other development uses consistent with the purposes of this act, such minimum or maximum space requirements;

(3) a listing and description of uses determined by the deputy commissioner to be infeasible or inconsistent with the purposes of this act.

Taking into consideration the proposed price and the evaluations based on the criteria set forth in the request for proposals, the deputy commissioner shall determine the responsible and responsive developer submitting the most advantageous proposal. The deputy commissioner may condition disposition of the parcel described in section one on the negotiation of revisions in the development proposal submitted by the selected developer. The deputy commissioner may reject any and all proposals if he determines that rejection is in the best interests of the commonwealth.

If the deputy commissioner selects a developer who did not offer the highest price, the deputy commissioner shall include a justification for such decision in the notification required by section forty H of chapter seven of the General Laws. The deputy commissioner shall maintain a written record in reasonable detail of evaluations and negotiations undertaken pursuant to this act, and shall retain such record with the proposals in accordance with said section forty H.

SECTION 6. The disposition of Parcel two shall be subject to the following terms and conditions:

(a) among other criteria in selecting the developer, the deputy commissioner shall encourage and consider proposals that exceed the minimum six per cent requirement for on-site housing opportunities for department of mental health clients;

(b) future development shall be in accordance with the master plan and with the center to be constructed on Parcel one; and

(c) tenant selection for the elderly housing units shall be in accordance with state elderly congregate housing procedures regarding regional outreach and consideration of applicants' medical condition.

SECTION 7. Said deputy commissioner shall, thirty days before the execution of any agreement or agreements pertaining to Parcel two authorized by this act, or any subsequent amendment thereof, submit the agreement or agreements or amendment to the committees on state administration and ways and means. The deputy commissioner shall also submit the agreement or agreements or amendments thirty days before execution to the inspector general for his review and comment within fifteen working days of his receipt of any agreement or amendment. The agreement or agreements shall include, but not be limited to, the following conditions:

(a) provision that the developer set aside a minimum of six per cent of the total number of housing units for clients of the department of mental health, so long as the commissioner of the department of mental health certifies that such need exists;

(b) affirmative action provisions as determined appropriate by the deputy commissioner for jobs and business participation relative to minorities, women and town of Framingham residents during construction and as a permanent feature of the development;

(c) appropriate restrictions prohibiting discrimination in employment and in the sale or lease of housing units on the basis of race, sex, age, national origin, religion or handicap, and appropriate fair housing provisions;

(d) provisions for the assumption by the developer of various obligations for providing public services and improvements on the property in accordance with standards established in the master plan, as reasonably determined by the deputy commissioner;

(e) provisions for preference to eligible Framingham residents and eligible employees of the Cushing Center in the allocations of affordable housing units developed on the site and consistent with appropriate regulations promulgated by the executive office of communities and development; and

(f) remedies on behalf of the commonwealth in the event the developer fails to fulfill his obligation as set forth in the land disposition agreement.

SECTION 8. The amount of consideration for the sale or lease of Parcel two shall be determined pursuant to sections forty F and forty H of chapter seven of the General Laws. The consideration for said Parcel two shall take into account the developer's obligations required by this act, the master plan, and the agreement.

SECTION 9. Said deputy commissioner is hereby authorized to acquire by transfer, lease or eminent domain taking, to retain or grant, or to accept from the developer any and all rights of way and easements across Parcel two as required by and consistent with the master plan, for purposes of access, construction, and installation and maintenance of utilities.

SECTION 10. To meet the expenditures necessary in carrying out the provisions of sections two and three of this act the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of forty-seven million five hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Cushing Hospital Development Loan, Act of 1987, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and thirteen.

Bonds and interest thereon issued under authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 11. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by sections two and three of this act and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.