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Session Laws

1990

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CHAPTER 402 AN ACT AUTHORIZING THE DIVISION OF CAPITAL PLANNING AND OPERATIONS TO CONVEY A CERTAIN PARCEL OF LAND IN THE TOWN OF BELCHERTOWN TO THE BELCHERTOWN HOUSING AUTHORITY.

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 Belchertown Housing Authority by deed approved as to form by the attorney general, a certain parcel of land located in the town of Belchertown subject to the provisions of this act and to such additional terms and conditions as the deputy commissioner may prescribe. Said parcel is shown on a plan, entitled "Plan of Land in Belchertown, Massachusetts prepared for Belchertown Housing Authority" dated November 8, 1989 and prepared by Almer Huntley Jr. & Associates, Inc., which is on file with said authority.

SECTION 2. No deed conveying by or on behalf of the commonwealth, the property described in section one shall be valid unless said deed provides that said property shall be used for the development of state aided low income family housing and housing for people with special needs. Said deed shall prescribe that the following requirements shall be met and adhered to:

(1) The authority shall construct no more than three duplexes for families on this parcel.

(2) The authority shall provide housing for eight current residents of the Belchertown state school. A unit for four clients shall be constructed on this parcel and a unit for four clients shall be constructed on a parcel granted to the authority by the town of Belchertown by deed dated January 15, 1988 and recorded in the registry of deeds in Hampshire county, Book 3139, page 0170. It being a portion of parcel number three granted to the town of Belchertown by the commonwealth by deed dated December 13, 1973 and recorded in the registry of deeds in Hampshire county, Book number 1751, page 328.

(3) In the event that the second parcel is found to be unsuitable for the construction of special needs housing, a unit for eight current residents of the Belchertown state school shall be constructed on this parcel.

(4) The deed shall contain a further restriction which shall prohibit any further expansion on or adjacent to this property other than that authorized by this act.

(5) Any and all required federal, state, and local permits and approvals must be obtained and written copies shall be sent to central region office within the department of environmental protection to be kept on file.

SECTION 3. The Belchertown Housing Authority shall assume the cost of appraisals, surveys and other expenses as deemed necessary by the deputy commissioner of the division of capital planning and operations for the conveyance of this property.

SECTION 4. In the event that the above-mentioned property is not used for the purposes described in section two, or that the requirements prescribed in said section are not met and complied with within five years of the effective date of this act, or if the Belchertown Housing Authority ceases to use said property for said purposes at any time, said property shall revert at no cost to the commonwealth under such additional terms and conditions as the deputy commissioner of the division of capital planning and operations may prescribe.

Approved December 26, 1990.