Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the conveyance of certain state 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. As used in this act, the following words and terms shall have the following meanings, unless the context shall clearly indicate a different meaning or intent:

"Cemetery site", a portion of the site, as hereinafter defined, containing approximately 8.769 acres of land and including the cemetery grounds and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

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

"Corporation", the Belchertown Economic Development Industrial Corporation or its successor organization.

"Department", the department of mental retardation.

"Disposition", a sale, conveyance or grant by deed or a lease for a term or terms not to exceed ninety-nine years including extensions or other grant, conveyance or transfer of property.

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

"Facilities", improvements, appurtenances and other facilities constructed on real property, currently existing or subsequently acquired or procured pursuant to this act.

"Parcel A", a portion of the site containing approximately 20 acres of land and including the buildings known as the Tadgell Building, Nursery I, Nursery II, Building E and Building F and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

"Parcel B", a portion of the site containing approximately 173.112 acres of land and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

"Parcel C", a portion of the site containing approximately 7.687 acres of land and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

"Parcel D", a portion of the site containing approximately 52.695 acres of land and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

"Parcel E", a portion of the site containing approximately 43.659 acres of land and all rights, easements and other interests appurtenant thereto, as shown on the survey as hereinafter defined.

"Plan", the Belchertown Economic Development Industrial Corporation Economic Development Plan dated September twenty-second, nineteen hundred and ninety-three, and approved by the town of Belchertown on December sixth, nineteen hundred and ninety-three, on file with the division, as such plan may be revised from time to time by the corporation subject to the approval of the commissioner.

"Site", the approximately 314 acres of state-owned land being a portion of the property known as the former Belchertown State School with the buildings and improvements thereon, comprised of parcel A, parcel B, parcel C, parcel D, parcel E, the cemetery site and the superintendent's house site and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

"Superintendent's house site", a portion of the site containing approximately 7.585 acres of land and including the superintendent's house and grounds and all rights, easements and other interests appurtenant thereto, as shown on the survey, as hereinafter defined.

"Survey", a survey delineating the boundaries of the site, the several parcels within the site, and the wellfield site, as hereinafter defined, to be disposed of or transferred in accordance with the provisions of this act, consisting of seven sheets, entitled "Plan of Land in Belchertown, Massachusetts prepared for the Commonwealth of Massachusetts Division of Capital Planning and Operations", dated May second, nineteen hundred and ninety-six and prepared for the commonwealth by E. B. Holmberg & Associates, as the same may be amended from time to time in accordance with the provisions of this act.

"Town", the town of Belchertown.

"Wellfield site", land located on the northeasterly side of Jensen Road in the town and formerly used by the commonwealth as a wellfield and pump house.

SECTION 2. Notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary, the commissioner is hereby authorized and directed to sell, lease for a term or terms of up to ninety-nine years or otherwise convey to the town any interest in parcel A and parcel C, or portions thereof, and any facilities thereon, on such terms and conditions as the commissioner deems appropriate. Such sale, lease or conveyance shall be for full and fair market value pursuant to the appraisal process established by section nine.

SECTION 3. Notwithstanding the provisions of sections forty E to forty I, inclusive, of chapter seven of the General Laws or any general or special law to the contrary, the commissioner is hereby authorized to sell, lease, for a term or terms of up to ninety-nine years or otherwise convey to the corporation any interest in parcel B, parcel D and parcel E or portions thereof and any facilities thereon on such terms and conditions as the commissioner deems appropriate and in accordance with the provisions of section forty J of said chapter seven. Such sale, lease or conveyance shall be for full and fair market value pursuant to the appraisal process established by section nine.

If, within one year of the effective date of this act, the corporation does not enter into a written agreement to acquire or lease parcel B, parcel D or parcel E or portions thereof in accordance with the preceding paragraph, 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 other general or special law to the contrary, to sell, lease for a term or terms of up to ninety-nine years or otherwise convey to the town, parcel B, parcel D and parcel E or portions thereof and any facilities thereon on such terms and conditions as the commissioner deems appropriate. Such sale, lease or conveyance shall be for full and fair market value pursuant to the appraisal process established by said section nine.

If, within ninety days of the corporation's decision not to enter into a written agreement to acquire or lease parcel B, parcel D or parcel E or portions thereof, the town does not enter into a written agreement to acquire or lease parcel B, parcel D or parcel E or portions thereof in accordance with the preceding paragraph, the commissioner is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws and said section nine, to sell, lease for a term or terms of up to ninety-nine years or otherwise convey parcel B, parcel D and parcel E or portions thereof and any facilities thereon on such terms and conditions as the commissioner deems appropriate. Such sale, lease or conveyance shall be for full and fair market value pursuant to the appraisal process established by said section nine.

Upon the expiration of any lease entered into under this section, the commissioner shall have the authority to make a disposition of parcel B, parcel D and parcel E or portions thereof and any facilities thereon, subject to sections forty E to forty J, inclusive, of chapter seven of the General Laws and said section nine, but excluding and without application of the fourteenth paragraph of section forty F of said chapter seven, and subject to the provisions of this act.

SECTION 4. Any lease or disposition agreement relating to parcel B, parcel D or parcel E or any portion thereof or interest therein shall include a requirement that any development and use thereof shall (a) be consistent with the town zoning by-laws in effect from time to time including any variances or special permits issued thereunder and (b) in the opinion of the commissioner be consistent with the plan and the purpose of this act.

SECTION 5. The cemetery site and the superintendent's house site are under the care and control of the department, and the department shall preserve and protect the cemetery site and superintendent's house site.

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 to make a disposition of its interest in the wellfield site on such terms and conditions as the commissioner may prescribe. Such disposition shall be for full and fair market value pursuant to the appraisal process established by section nine.

SECTION 7. Notwithstanding any other provisions of this act to the contrary, the commissioner is hereby authorized to change the configuration of any parcel within the site, as the commissioner deems necessary and appropriate to further the purposes of this act. Any such change to the configuration of any parcel within the site shall be reflected in a revision to the survey.

SECTION 8. The commissioner is hereby authorized, notwithstanding and without application of the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws or any other general or special law to the contrary, to retain, accept or acquire by purchase, eminent domain pursuant to chapter seventy-nine of the General Laws or otherwise and to convey, transfer the care and control of the wellfield site or other property of the commonwealth contiguous thereto to any instrumentality of the commonwealth or to grant by deed, transfer, lease or otherwise any rights-of-way or easements in, over and beneath the site or portions thereof, said property for drainage, access, egress, utilities and any other purposes as the commissioner deems necessary and appropriate to carry out the purposes of this act.

SECTION 9. The sale price paid for any sale, lease, conveyance or disposition for any parcel or site pursuant to this act shall be for the full and fair market value of the property determined by independent appraisal, for the uses described in the plan including, but not limited to, any restrictions and requirements imposed by said plan. The inspector general shall review and approve said appraisal and said review shall include an examination 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.

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 the registry of deeds for Hampden county.

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 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 of any such agreement.

SECTION 10. This act shall take effect upon its passage.