Session Laws

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 general court finds and declares that affordable housing within the city of Boston and the town of Brookline are premium.

That a serious public housing shortage emergency exists within these communities and is exacerbated by large numbers of students who seek off-campus housing from the housing stock of the residential communities.

That it is desirable and in the public interest to encourage universities to house their student populations within school facilities.

That it is necessary to construct dormitories so as to accommodate such student populations.

That in nineteen hundred and eighty-seven Boston University completed, after extensive community review, and the Boston Redevelopment Authority subsequently approved, a plan entitled "Boston University Charles River Campus Master Plan 1986-1996", which plan provides for the former Commonwealth Armory Site to be used for student and other housing uses, as well as other uses, including, among others, recreational, athletic, parking, commercial and academic uses and which plan includes commitments and strategies to accomplish the goal of housing of seventy-five percent of Boston University's students on its campus.

That in order for Boston University to construct proposed dormitories at the location formerly occupied by the Commonwealth Armory, private financing will be required.

That to facilitate private financing, it is necessary to allow Boston University to create a security interest in a lender corporation.

That Boston University has, as part of its securing zoning approval for the project, entered into a cooperation agreement with the Boston Redevelopment Authority which is recognized as a component of the regulatory background for development of the site as a planned development area under Boston zoning.

That the passage of this act will accomplish the objectives of more available housing through dormitory construction.

SECTION 2. Chapter 649 of the acts of 1982 is hereby amended by striking out section 8, as amended by section 3 of chapter 812 of the acts of 1985, and inserting in place thereof the following section:-

Section 8. Notwithstanding the provisions of any general or special law to the contrary, the deputy commissioner of the division of capital planning and operations, acting for and on behalf of the commonwealth, is hereby authorized and directed to sell and convey to the trustees of Boston University, by a deed approved as to form by the attorney general, in consideration of the payment of two million five hundred thousand dollars to the commonwealth, the property of the commonwealth located in the city of Boston and consisting of an irregularly shaped parcel of land, comprising about four hundred thirty-six thousand five hundred and eighty-nine square feet more or less, with buildings thereon, bounded and described as follows:

Southerly by Commonwealth Avenue in the city of Boston for a distance of 696.93 feet, more or less;

Westerly by Gaffney Street in the city of Boston for a distance of 711.69 feet, more or less;

Northerly by land presently or formerly owned by the Boston Edison Company for a distance of 193.8 feet, more or less;

Northeasterly by land presently or formerly owned by the Penn Central Railroad Company for a distance of 557.48 feet, more or less; and

Easterly by Buick Street in the city of Boston for a distance of 471.4 feet, more or less.

Said description meaning and intending to include all of the land and buildings thereon currently owned by the commonwealth and comprising the Commonwealth Armory, so-called, located at 899-925 Commonwealth avenue in the city of Boston and said conveyance to occur after the declaration that such property is surplus property in accordance with the applicable procedures of the division of capital planning and operations and the armory commission. The deputy commissioner of the division of capital planning and operations is hereby authorized to enter into a land disposition agreement with the Trustees of Boston University. The deed and agreement conveying such property to Boston University shall contain the following conditions and restrictions, which if not complied with by said Boston University or its successors shall cause the title to said property to revert to the commonwealth:

(1) that ownership and control of said property shall remain with Boston University so long as it continues to do business in the Commonwealth and carry on such activities on said property as may be authorized by this section.

(2) that use of said property shall be restricted to educational activities of students of Boston University, the provision of housing for students enrolled at and faculty members and staff of colleges and universities, athletic and recreational activities primarily of Boston University students and intercollegiate events and other such activities, and of students enrolled in the Boston public schools and in other primary or secondary schools in the commonwealth, and the administration of or the conduct of research by Boston University;

(3) that the use of said property shall not include facilities for independent commercial activities or housing for persons other than students enrolled at and faculty and staff of colleges and universities; except for those commercial and housing activities which are incidental to or compatible with the uses provided for by this section;

(4) that Boston University shall permit the unrestricted use of the property by the National Guard of the Commonwealth, at no cost to the Commonwealth, until such time as the National Guard effectuates the transfer of activities presently conducted on the property to other suitable premises.

Notwithstanding the foregoing provisions, the commonwealth's rights of reverter for a violation of the conditions and restrictions set forth herein shall be held in abeyance with respect to and while any portion of or interest in said property and access and utility easements for the benefit of such portion or interest are subject to one or more mortgages from time to time, and, upon the foreclosure of any such mortgages by entry and possession or by the exercise of the statutory power of sale therein or by deed in lieu of the exercise of the power of sale, any possibility of reverter and all of the foregoing conditions and restrictions with respect to such portion of or interest in said property and its easements shall thereupon be extinguished forever; provided, however, that said mortgages and any ground leases of said property and the buildings thereon shall contain covenants that, in the case of mortgages, shall require that the mortgage loan proceeds be used for purposes consistent with this section and that, in the case of ground leases, the property and buildings thereon shall be used for purposes consistent with this section; and provided, further, that the Trustees of Boston University shall approve of the use of such property for such purposes, by means of a vote in the form of a separate document to be recorded with said mortgages and with notices of said ground leases recorded in the registry of deeds in Suffolk county, which shall state that said mortgages or ground leases, as the case may be, are made for purposes consistent with this section.