Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the reuse and redevelopment of certain land, 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 purpose of this act is to provide for the reuse and redevelopment of the site known as the metropolitan state hospital campus, to create open space and recreational facilities, to preserve valuable natural and historical resources, and to develop various housing types and institutional uses, in accordance with the metropolitan state hospital reuse plan prepared by the division of capital planning and operations in cooperation with the towns of Belmont, Lexington, the city of Waltham, the metropolitan district commission, and the department of mental health. The commissioner of the division of capital planning and operations is hereby authorized, subject to appropriation, to undertake such additional planning and study as he deems necessary to enhance, refine, and amend said reuse plan as it relates to the site, subject to consultation with and by agreement of the boards of selectmen of said towns of Belmont and Lexington and the city council of said city of Waltham, and the commissioners of the department of mental health and the metropolitan district commission.

SECTION 2. As used in the act, the following words shall, unless the context clearly indicates a different meaning, or intent, have the following meanings:-

"Administration building site", that portion of the metropolitan state hospital site in the city of Waltham containing approximately one acre, together with the building located thereon known as the administration building, and shown as Lot 2 on the survey.

"Advisory committee", a three person committee consisting of one member from each of the conservation commissions of the communities of Belmont, Lexington and Waltham.

"Commissioner", the commissioner of the division of capital planning and operations.

"DCPO", the division of capital planning and operations.

"Developer", a person or entity other than the commonwealth or the city of Waltham who acquires an ownership or leasehold interest in the site or a portion or portions thereof.

"DMH", the department of mental health.

"Gaebler center site", that portion of the metropolitan state hospital site, containing approximately six acres, together with the buildings and improvements thereon, located in the city of Waltham and shown as Lot 6 on the survey.

"Golf course site", that portion of the metropolitan state hospital site, containing approximately fifty acres, in the city of Waltham, together with the building located thereon known as the McLaughlin House, and shown as Lots 4 and 5 on the survey.

"Main campus site", that portion of the metropolitan state hospital site, containing approximately thirty-two acres, together with the buildings and improvements thereon, located in the communities of Lexington and Waltham and shown as Lot 3 on the survey.

"McLaughlin House", the building located within the golf course site, located in the city of Waltham and shown on the survey.

"MDC", the metropolitan district commission.

"MDC reservation site", that portion of the metropolitan state hospital site, containing approximately two hundred and fifty acres, located in the communities of Belmont, Lexington and Waltham and shown as Lot 1 on the survey.

"Mental health clients", clients, patients and residents of the DMH as determined by the commissioner of the DMH.

"Metropolitan state hospital site" or "site", the property containing approximately three hundred and forty acres of state-owned land designated as surplus property by DCPO, comprised of the administration building site, Gaebler center site, golf course site, main campus site and the MDC reservation site, together with the buildings and improvements thereon, located in the communities of Belmont, Lexington and Waltham, as the same is further defined, depicted and described in the reuse plan and shown as Lots one, two, three, four, five, and six on the survey.

"Reuse plan", the plan entitled "Metropolitan State Hospital Reuse Plan" dated June thirtieth, nineteen hundred and ninety-four, and prepared by DCPO and approved by the communities of Belmont, Lexington and Waltham, the MDC and the DMH, as amended by amendment dated September fifth, nineteen hundred and ninety-five, as the same may be amended from time to time in accordance with the provisions of this act, a copy of which is on file with DCPO.

"Survey", a survey plan of the site delineating the boundaries of the several parcels within the site to be conveyed, leased, transferred or otherwise disposed of in accordance with the provisions of this act, consisting of five sheets, entitled "Plan of Land - Metropolitan State Hospital Waltham, Lexington, and Belmont, Massachusetts", dated July fifth, nineteen hundred and ninety-five, prepared for the commonwealth by William MacKenzie, P.L.S., Alpha Land Surveying and Engineering Associates, as the same may be amended from time to time in accordance with the provisions of this act regarding amendment of the reuse plan, a copy of which is on file with DCPO.

SECTION 3. Notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws or any general or special law to the contrary, the commissioner is hereby authorized and directed to transfer the MDC reservation site to the care and control of the MDC for use as an MDC reservation, and for other such purposes consistent with the reuse plan.

SECTION 4. Notwithstanding the provisions of sections forty E to forty H, inclusive, of chapter seven of the General Laws or any general or special law to the contrary, but subject to sections forty I and forty J of said chapter seven for a period of eighteen months from the effective date of this act, the commissioner is hereby authorized to sell to the city of Waltham, the golf course site for the development and construction of a golf course open to the public or for conservation land, park, or playground uses, all as further described in and subject to the reuse plan, including without limitation, those parts of the reuse plan specifying provisions concerning "Design Standards", "Environmental Standards", "Operating Standards", "Golf Course Contribution to the metropolitan district commission Reservation" and "Deed Restriction and Reversionary Clause". The consideration for such conveyance shall be six hundred thousand dollars. The administration building site shall be included in the disposition of the golf course site to the city of Waltham, without payment of additional consideration, and subject to the terms and conditions of this section, to be used for golf course operations including, but not limited to, administrative offices and proshop and clubhouse facilities. The MDC may, subject to appropriation, enter into a lease with the city of Waltham for use of the second and third floors of the administration building for use by the MDC as a visitor's center. The city of Waltham shall, as a condition of the conveyance of the golf course site, enter into said lease for a term of up to ninety-nine years at a rental rate subject to negotiation. The city of Waltham shall be responsible for all capital improvements and repairs to the administration building. The city of Waltham and the MDC shall, if any portion of the said building is used by the MDC, each pay their pro rata share, on a square foot basis, of all costs associated with the use and operation of the administration building. The lease shall authorize the MDC to perform tenant buildout work at the MDC's sole cost and may contain any other terms and conditions as the commissioner requires. If the administration building site is not transferred to the city of Waltham as provided in this section, at the request of the commissioner of the MDC, the commissioner is hereby authorized to transfer the administration building site to the care and control of the MDC for use, subject to appropriation, as a visitor's center and for other such purposes consistent with the reuse plan and such transfer shall be in accordance with the provisions of section three of this act. If the administration building site is not transferred to the MDC as provided in this section, the administration building site may be included in the disposition of the golf course site to a developer as provided in the second paragraph of this section or in the disposition of the main campus site in accordance with section six of this act. The commissioner is hereby authorized to take all such action as appropriate to effect such conveyance.

If on or before the expiration of the eighteen month period from the effective date of this act, the city of Waltham does not enter into a written agreement to purchase the golf course site or if at any time during the eighteen month period the city of Waltham notifies the DCPO in writing that it does not intend to acquire the golf course site, the disposition of the golf course site shall be in accordance with the following terms.

(1) For a period of six years and six months following the effective date of this act, the commissioner is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, this act, and such other terms and conditions as the commissioner may from time to time prescribe, to sell, lease for a term or terms of up to ninety-nine years or otherwise convey the golf course site to a developer for the development and construction of a golf course open to the public, all as further described in and subject to the reuse plan, including, without limitation, those parts of the reuse plan specifying provisions concerning "Design Standards", "Environmental Standards", "Operating Standards", "Golf Course Contribution to the MDC Reservation" and "Deed Restriction and Reversionary Clause". Such conveyance or lease shall be for full and fair market value pursuant to the appraisal process established by section fourteen of this act. The commissioner is hereby authorized to take all such action as appropriate to effect such conveyance.

Notwithstanding the foregoing, the commissioner may, in consultation with the MDC, extend the six year and six month time period for disposition of the golf course site for an additional period of time of up to two years.

In the event that the commissioner is authorized to transfer the golf course site to a developer pursuant to this section, the city of Waltham may convey to the commonwealth, acting by and through the division of capital planning and operations, for consideration subject to negotiation and agreement by the city of Waltham and the division of capital planning and operations, the parcel of land currently used by the city of Waltham as the Elsie Turner Park for incorporation into the golf course for use as a golf course. If the developer fails to use or ceases to use the Elsie Turner park in accordance with the terms of this act and the reuse plan, other than for temporary periods due to causes beyond the reasonable control of the developer, upon notice from the city of Waltham, Elsie Turner park shall revert to the city of Waltham for uses consistent with current restrictions of record. In the event that the golf course site is transferred to the city of Waltham, the city of Waltham may use Elsie Turner park as a golf course.

The advisory committee is hereby established for the purpose of monitoring compliance of the golf course site with the "Design Standards", "Environmental Standards", and "Operating Standards" included in the reuse plan. It shall have legal standing as a party with an interest or as an aggrieved person to enforce such compliance pursuant to 310 Code of Massachusetts Regulations 10.05(7)(a) to seek such compliance.

In the event that the golf course site is not acquired either by the city of Waltham or by a developer, then, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws or any general or special law to the contrary, after notice from the MDC to the commissioner, the commissioner is authorized and directed to transfer care and control of the golf course site to the MDC for the same purposes as the MDC reservation site. A deed to the city of Waltham or any deed or lease to a developer of the golf course site shall provide that if the golf course site is not developed as a golf course, or, only in the case of conveyance to the city of Waltham, is not otherwise used as conservation land, park or playground uses, in accordance with the terms of this act and the reuse plan within eight years following the effective date of this act, or if after it has been conveyed or leased, as the case may be, it ceases to be used as a golf course, or, only in the case of a conveyance to the city of Waltham, ceases to otherwise be used for conservation land, park or playground uses, other than for temporary periods due to causes beyond the reasonable control of the city or a developer, upon notice from the commissioner, the entire real estate interest in the golf course site shall revert to the commonwealth and the commissioner is authorized and directed to transfer care and control of the golf course site to the MDC to become part of the MDC reservation site. The commissioner may, in consultation with the MDC commissioner, provide for an extension of the eight year period in the deed or lease as set forth above for a period of up to two years.

SECTION 5. If environmental contamination of the golf course site is identified pursuant to section eleven that is required to be remediated under state or federal law or regulation, any such contamination shall, subject to appropriation, be remediated by the commonwealth to the extent necessary to permit the golf course site to be used for golf course purposes. Within one hundred and eighty days of the effective date of this act, the commissioner shall submit a report to the senate and house committees on ways and means detailing the method and means, the amount of available funds, and the timetable for remediating any such environmental contamination.

SECTION 6. The commissioner is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, this act, such other terms and conditions as the commissioner may from time to time prescribe, and consistent with the reuse plan, to solicit, evaluate, and select development proposals for the main campus site and the Gaebler center site, to enter into land disposition agreements, to lease for a term or terms not to exceed ninety-nine years, to transfer to a public agency or a public purpose, to sell and convey by deed or to take any other action to otherwise grant, convey, lease, demise or transfer the main campus site and the Gaebler center site, either separately or together. Any such grant, conveyance, lease, demise or transfer shall be for full and fair market consideration pursuant to the appraisal process established by section fourteen of this act.

Any lease or disposition agreement relative to the main campus site or the Gaebler site shall be subject to and in accordance with such terms and conditions as the commissioner deems necessary and appropriate to implementing the requirements of the reuse plan, including, but not limited to, the housing initiatives set forth therein. The developer, lessee, transferer or purchaser of the main campus site shall, in conforming to the requirements of said Reuse Plan, devote not less than ten percent of any housing units developed on the site to housing for clients of the department of mental health in the manner required by the commissioner of the department of mental health or for the purpose of meeting said ten percent requirement, dedicate an equivalent amount of housing of size and quality in a manner required by the said commissioner consistent with said reuse plan and located within the communities comprising said department's metrowest region; provided, that said commissioner shall establish that sufficient operating funds are available for the purpose of supporting any such housing made available to clients of said department pursuant to this paragraph.

The commissioner is hereby authorized to take any and all such action as appropriate to effect the disposition described in this section.

SECTION 7. DMH is hereby authorized and directed to relocate DMH clients and staff currently residing in the McLaughlin house to alternative facilities within twelve months of the effective date of this act. DCPO is hereby authorized and directed to remove the McLaughlin house located on the golf course site prior to development of the golf course site by the city of Waltham; provided, however, that there is available funding and the DMH has completed its relocation obligation hereunder. The time periods provided for acquisition of the golf course site in section four shall be extended by any period of delay in the performance by the DMH of its relocation obligation or by DCPO of its removal obligation hereunder.

SECTION 8. Any recreational facilities open to the public on the site shall be made available, as reasonably appropriate, to mental health clients pursuant to agreements to be entered into between the developer or any other persons controlling, leasing or managing said facilities and the commissioner of the DMH.

SECTION 9. The cemetery located within the MDC reservation shall be properly memorialized, preserved and protected in the manner determined by the commissioner of the MDC in consultation with the commissioner of the DMH.

SECTION 10. The commissioner is hereby authorized, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws or any general or special law to the contrary, to convey to any person or persons, to transfer the care and control to any instrumentality of the commonwealth, or to grant, by deed, transfer, lease or otherwise, any rights of way, or easements for access, egress, drainage, utilities and other purposes as the commissioner may determine necessary and appropriate in, over and beneath portions of the site and over other property of the commonwealth contiguous to the site. Such rights of way and easements may be conveyed over the golf course site; provided, however, that such rights of way and easements do not materially interfere with or derogate from the activities or uses being conducted on the golf course site, as determined by the commissioner and, only in the event the golf course site is acquired by the city of Waltham. Such rights of way and easements may be conveyed over the MDC reservation site; provided, however, that such rights of way and easements do not materially interfere with or derogate from the activities or uses being conducted on the MDC reservation site, as determined by the commissioner and the commissioner of the MDC. The commissioner is hereby authorized, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to retain, accept, or acquire by purchase, transfer, lease, eminent domain or otherwise, any rights of way or easements for access, egress, drainage, utilities, and other purposes as the commissioner may determine necessary and appropriate, which rights of way or easements are in the judgment of the commissioner, necessary to effectuate the purposes of this act.

SECTION 11. The commissioner is hereby authorized to expend not more than three million dollars, of which not more than one million dollars shall be for the preparation of environmental assessments and related investigations of the site, the preparation of environmental plans and specifications, and, not more than five hundred thousand dollars for costs incurred by DMH in relocating clients and employees residing in the McLaughlin House in accordance with section seven, and, subject to the availability of the unspent balance of one million, five hundred thousand dollars, the design, construction, reconstruction, alteration, improvement, demolition and repair of facilities located on the site as may be required by this act, subject to the provisions of law regarding the disbursement of public funds; provided that any environmental remediation efforts identified by said assessments and investigation shall be subject to the availability of funding therefore.

SECTION 12. To meet the expenditures necessary to carry out the provisions of this act, the treasurer of the commonwealth shall, upon request of the governor, issue and sell bonds of the commonwealth, in amounts specified by the governor from time to time, not exceeding in the aggregate the sum of three million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Metropolitan State Hospital Redevelopment Loan, Act of 1996, 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 of Massachusetts; provided, however, that all such bonds shall be payable no later than June thirtieth, two thousand and eighteen. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 13. The treasurer of the commonwealth may borrow from time to time on the credit of the commonwealth such sums of money in an amount not to exceed three million dollars as may be necessary for the purpose of making payments authorized by 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 treasurer of the commonwealth. Such notes shall be issued and may be renewed one or more times for such term, 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 of Massachusetts, but the final maturity date of such notes whether original or renewal, shall not be later than June thirtieth, two thousand and three. Notwithstanding any other provisions of this act, notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 14. The sale price paid for conveyance of the golf course site to a developer pursuant to section four and of the main campus site and the Gaebler center site to a developer pursuant to section six shall be for the full and fair market value of the property determined by independent appraisal, for the uses described in said sections, including, but not limited to, the restrictions and requirements imposed by the reuse plan. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. Said 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.

The recipients of said properties described in this section shall assume the costs in full of preparing a recordable survey describing said land, and shall also assume the costs of recording said plan with said registry of deeds.

The sale price paid pursuant to this act shall be deposited in the General Fund of 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 said inspector general for his review and comment. Said 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.

SECTION 15. This act shall take effect upon its passage.