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 commissioner of the division of capital planning and operations, notwithstanding the provisions of section forty H of chapter seven of the General Laws, is hereby authorized to convey for consideration to the town of Southborough, a certain parcel of land to be used for cemetery purposes, said parcel being situated in said town of Southborough and currently under the care and control of the metropolitan district commission for public water supply protection purposes. Said parcel of land located on Middle road in said town is shown on the town of Southborough Assessor's Map 44 dated January 1, 1994 as Lot 5 and is bounded and described as follows:

Thence S 72<= 34>' E, three hundred thirty-nine and twenty-one hundredths feet crossing said last mentioned highway and by the land of John Neary,

Thence N 19" 6 1/4'<= E, one hundred feet, by the land of said Neary to the land of Edgar Brigham,

Thence running by land of said Brigham by the following courses, N 70" 41 1/4'<= E one hundred seventy-five feet,

Thence S 49<= 10 1/4' E, one hundred fifty-two and thirty-three one hundredths feet,

Thence S 45<= 54 1/4' W, ninety-four and ninety-six one hundredths feet,

Thence S 4<= 28 1/4' W, fifty-two and eighty-six one hundredths feet,

Thence S 20<= 23~' E, ninety and twenty-two one hundredths feet,

Thence S 24<= 41~' E, fifty-three and thirty-nine one hundredths feet,

Thence N 87<= 39~' E, eighty-two and fifty-seven one hundredths feet, to land of town of Southborough,

Thence running by land of Town of Southborough, by the following courses:

S 2<= 56>' E, two hundred ninety-six and sixteen one hundredths feet,

Thence N 88<= 13 1/4' W, fifteen and fifty-two one hundredths feet,

Thence S 35<= 11 1/4' E, two hundred eighty-five and fifty-nine one hundredths feet,

Thence S 50<= 3~' E, one hundred nine and twenty-six one hundredths feet,

Thence S 58<= 34>' E, one hundred ninety-eight and thirty-three one hundredths feet,

Thence N 79<= 21 1/4' E, two hundred fifteen and ninety-five one hundredths feet by land of said Town of Southborough and crossing a highway leading from Southborough to Cordaville.

In consideration of said conveyance, said town of Southborough shall maintain a permanent two hundred-foot, no-alteration buffer zone, measured landward from the bank of the Sudbury Reservoir.

There shall be an independent appraisal for the use described herein of the fair market value of the property conveyed by the commonwealth to the town of Southborough and of the two hundred foot, no-alteration buffer zone offered by the town of Southborough as consideration. The inspector general shall review and approve said appraisal and said review shall include a review of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration in accordance with this act. If the consideration offered by the town of Southborough is less than the value of the property to be conveyed by the commonwealth, then the town of Southborough shall pay the amount of the difference between the two values to the commonwealth. The commissioner shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector shall issue his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least fifteen days prior to execution.

The plan for cemetery development shall be subject to approval by the department of environmental protection and to such conditions as may be required for the protection of the water supply by the metropolitan district commission.

SECTION 2. The town of Southborough shall pay all expenses associated with and any cost of appraisals, surveys and other expenses relating to the transfer of the land, and any cost and liabilities and expenses of any nature and kind for its ownership, maintenance or operation.

SECTION 3. In the event the parcel of land conveyed by section one of this act is not used for cemetery purposes or the conditions and restrictions to said conveyance are not fulfilled, title to all interests in said parcel of land shall revert to the commonwealth.

SECTION 4. This act shall take effect upon its passage.