SENATE DOCKET, NO. 2588 FILED ON: 5/17/2010
SENATE . . . . . . . . . . . . . . No. 2418
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The Commonwealth of Massachusetts
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In the Year Two Thousand Ten
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An Act relative to revitalization of the South Boston designated port area.
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. Legislative findings.
Whereas, by section 106 of chapter 273 of the acts of 1994, a certain parcel of land described in SECTION 2 of this act and referred to in this act as the “DCR Parcel,” was transferred to the metropolitan district commission, now known as the department of conservation and recreation, for potential use as parkland, subject to the provisions of Article XCVII of the Constitution of the Commonwealth;
Whereas, the DCR Parcel was previously used by the Massachusetts Bay Transportation Authority as part of its East First Street power station and complex, a portion of which has been demolished and removed from the DCR Parcel;
Whereas, a portion of the DCR Parcel remains in use by the Massachusetts Bay Transportation Authority;
Whereas, a portion of the DCR Parcel is currently vacant industrial land;
Whereas, a portion of the DCR Parcel is used by a water-dependent commercial lobster business;
Whereas, the DCR Parcel remains industrial in character and is unsuitable for park purposes;
Whereas, the Massachusetts Bay Transportation Authority has retained ownership of a parcel of land containing approximately 9.32 acres adjacent to the DCR Parcel which is currently used as a bus layover and storage yard, and contains a generator building with associated administrative offices;
Whereas, the DCR Parcel has never been used as a public park, and the department of conservation and recreation has determined that the DCR Parcel is unsuitable for use as a public park;
Whereas, the DCR Parcel lies within the South Boston Designated Port Area, abuts the Reserved Channel, and is uniquely suitable for water-dependent industrial uses and other economic development uses that would support revitalization of the Port of Boston;
Whereas, under the policies and regulations of the coastal zone management office and department of environmental protection, Designated Port Areas are reserved for water-dependent industrial uses, and any uses that would permanently displace water-dependent industrial uses are prohibited;
Whereas, water-dependent industrial uses and other economic development uses that would support revitalization of the Port of Boston have been proposed for the DCR Parcel which, if implemented, would play a vital role in promoting sustainable economic development within the Commonwealth and which, in all events, would be a more appropriate use of the DCR Parcel than parkland use;
Whereas, the Massachusetts Port Authority is well positioned to facilitate such productive and appropriate uses of the DCR Parcel in accordance with the purposes of this act;
Whereas, because the DCR Parcel was designated for purposes enumerated in Article Amendment XCVII of the Constitution of the Commonwealth, it shall not be used for other purposes except by a law enacted by two-thirds vote, taken by yeas and nays, of each branch of the General Court of the Commonwealth;
Whereas, in order to allow the Massachusetts Port Authority to use the DCR Parcel for water-dependent industrial uses or other economic development purposes that would support revitalization of the Port of Boston consistent within the statutory authority of the Massachusetts Port Authority, the General Court of the Commonwealth must enact a law identifying the land, describing the existing public use and expressing a willingness to surrender or forego the same, and providing a statement of the new use;
Whereas, it is in the best interest of the Commonwealth for a portion of the DCR Parcel, described in SECTION 2 of the act and referred to in this act as the “Designated Port Area Parcel,” to be transferred to the Massachusetts Port Authority to be used for water-dependent industrial uses or other economic development purposes that would support revitalization of the Port of Boston, rather than to remain under the control of the department of conservation and recreation and designated for potential use as parkland;
Whereas, it is in the best interest of the Commonwealth for a portion of the DCR Parcel, described in SECTION 2 of this act and referred to in this act as the “MBTA Use Area,” to be transferred to the Massachusetts Bay Transportation Authority rather than to remain under the control of the department of conservation and recreation and designated for potential use as parkland;
Whereas, it is in the best interest of the Commonwealth for a portion of the MBTA Parcel, described in SECTION 3 of this act and referred to in this act as the “Excess MBTA Parcel,” to be transferred to the Massachusetts Port Authority to be used for water-dependent uses or other economic development purposes that would support revitalization of the Port of Boston and to allow appropriate access between the Conley Terminal and the Designated Port Area Parcel;
Whereas, in order to allow the Massachusetts Port Authority to establish a buffer zone along East First Street to help reduce visual and noise impacts associated with the existing and future uses along Reserved Channel, the Massachusetts Port Authority will require ownership and control of a parcel of land abutting East First Street in South Boston now owned by and to be acquired by the Massachusetts Bay Transportation Authority; and
Whereas, the transfers in legal title and changes in use of land authorized by this act are in furtherance of the purposes and intent of the “no net loss” policy of the Commonwealth administered by the executive office of energy and environmental affairs regarding land subject to the provisions of Article XCVII of the Constitution of the Commonwealth.
SECTION 2.
Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized by this act to convey the property conveyed to the metropolitan district commission by virtue of section 106 of chapter 273 of the acts of 1994, together with all trees and structures thereon, if any, and appurtenant access, utility, or other easements, collectively referred to in this act as the “DCR Parcel,” as directed herein. The DCR Parcel is shown on the plan entitled “Plan of Land Between Reserved Channel and East First Street in the South Boston Designated Port Area,” dated March 24, 2010, drawn by _John A. Hammer III, PLS, on file with the Massachusetts Port Authority, referred to in this act as the “Plan.” The DCR Parcel is being conveyed subject to and with the benefit of that certain lease between the Massachusetts Bay Transportation Authority and Boston Harbor Lobstermen’s Association, Inc., dated April 1, 1984, with respect to approximately 96,000 square feet of land, and associated water sheet and access rights.
The legal description of the DCR Parcel, as set forth in Section 106 of chapter 273 of the acts of 1994, is as follows:
Beginning at the northwesterly corner of the northerly sideline of east first street shown as Point A on a plan entitled, “plan of land owned by metropolitan transit authority on O and East First streets South Boston”, on file with the Massachusetts Bay Transportation Authority; thence running in an easterly direction along said sidelines a distance of eighty feet + to a Point B on the plan; thence returning and running on a northerly direction a distance of two hundred eighty feet + to a Point C on the plan; thence turning and running in an easterly direction a distance of one hundred feet + to a Point D on the plan; thence turning and running in a northerly direction a distance of two hundred fifty feet + to a Point E on the plan; thence turning and running in an easterly direction two hundred ninety feet + to a point F on the plan; thence turning and running in a northeasterly direction fifty feet + to a Point G on the plan; thence turning and running in a northerly direction one hundred twenty feet + to a Point H on the Plan; thence turning and running in a northerly direction a distance of three hundred feet + to a Point I on the plan; thence turning and running on a northerly direction six hundred ten feet + to a Point J on the plan; said point being the northeasterly corner of the so-called line of Reserved Channel as shown on the plan; thence turning and running in a westerly direction along said line of Reserved Channel a distance of eight hundred two feet + to a Point K on the plan; thence turning and running in a southerly direction a distance of one thousand three hundred feet + to a Point A which is the point of beginning, containing six hundred twenty-four thousand eight hundred thirty square feet + of varied facilities.
Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized to convey the portion of the DCR Parcel consisting of 569,517_ square feet, shown on the Plan as the “Designated Port Area Parcel,” to the Massachusetts Port Authority.
The legal description of the Designated Port Area Parcel is as follows:
Beginning at a point at the northeasterly corner of the parcel at the intersection of the westerly line of a street formerly known as O Street and the southerly line of the Reserved Channel,
Thence S88-23-28W a distance of 802.82 feet by said Reserved Channel,
Thence S01-36-32E, a distance of 770.00 feet by land now or formerly of Exelon New Boston, LLC,
Thence N88-23-28E, a distance of 562.83 feet,
Thence N37-45-36E, a distance of 51.74 feet,
Thence N01-36-32W, a distance of 120.00 feet,
Thence N88-23-28E, a distance of 300.00 feet to said former O Street,
Thence N01-36-32W, a distance of 610.00 feet by said former O Street to the point of the beginning,
Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, on behalf of the commonwealth and the department of conservation and recreation, is authorized to convey the portion of the DCR Parcel consisting of 67,400 square feet, shown on the Plan as “MBTA Use Area,” to the Massachusetts Bay Transportation Authority.
The legal description of the MBTA Use Area is as follows:
Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,
Thence N88-23-28E, a distance of 80.00 feet by said East First Street,
Thence N01-36-32W, a distance of 280.00 feet,
Thence N88-23-28E, a distance of 100.00 feet,
Thence N01-36-32W, a distance of 250.00 feet, said last three courses by other land of the MBTA,
Thence S88-23-28W, a distance of 272.83 feet by the previously described Designated Port Parcel,
Thence S01-36-32E, a distance of 530.00 feet by land now or formerly of Exelon New Boston, LLC to the point of the beginning.
SECTION 3. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land consisting of 159,309 square feet shown on the Plan referenced in SECTION 2 as “Excess MBTA Parcel,” together with all trees and structures thereon, if any, and appurtenant access, utility, or other easements..
The legal description of the Excess MBTA Parcel is as follows:
Beginning at a point on East First Street being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,
Thence N88-23-28E, a distance of 210.00 feet by said East First Street,
Thence N43-23-28E, a distance of 56.57 feet by land of Massport,
Thence N01-36-32W, distance of 650.00 feet by said former O Street,
Thence S88-23-28W, a distance of 300.00 feet,
Thence S01-36-32E, a distance of 120.00 feet,
Thence S37-45-33W, a distance of 51.74 feet, said last three courses by said Designated Port Area Parcel,
Thence reversing southeasterly along a non-tangent curve to the right of radius 144.08 feet, an arc distance of 114.93 feet, on a chord bearing S49-15-39E,
Thence S19-21-25E, a distance of 169.03 feet,
Thence southeasterly along a non-tangent curve to the left of radius 340.00 feet, an arc distance of 82.05 feet, on a chord bearing S26-39-44E,
Thence continuing southeasterly along a tangent curve to the left of radius 282.00 feet, an arc distance of 100.89 feet, on a chord bearing S43-49-31E,
Thence S01-36-32E, a distance of 45.15 feet,
Thence S88-23-28W, a distance of 150.28 feet,
Thence S01-36-28E, a distance of 100.00 feet, said last seven courses by remaining land of MBTA shown as MBTA PARCEL, to the point of the beginning.
SECTION 4. Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel and the Excess MBTA Parcel pursuant to this act, the Massachusetts Port Authority shall dedicate a haul road right of way for future truck access to and egress from the Conley Terminal. The location and dimensions of such right of way may be established and changed by the Massachusetts Port Authority from time to time as long as such right of way remains north of, and does not encroach upon or cross, the Buffer Zone Area described in SECTION 5, or the Extended Buffer Areas described in SECTION 6. At such time as the additional right of way of appropriate width and dimensions is made available to the Massachusetts Port Authority to enable the haul road right of way to connect directly from Conley Terminal across the Excess MBTA Parcel and the Designated Port Area Parcel to Summer Street, the Massachusetts Port Authority shall have the obligation to design and construct said haul road.
SECTION 5. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is authorized by this act to convey to the Massachusetts Port Authority the parcel of land abutting East First Street in South Boston shown as “Buffer Zone Area” on the Plan referenced in SECTION 2, which shall be used by the Massachusetts Port Authority as a buffer zone to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel. The Massachusetts Bay Transportation Authority shall retain an easement within the Buffer Zone Area to maintain, repair, and replace its existing access, egress, and utilities across such Buffer Zone Area, as the same may be relocated, modified, or expanded in a manner consistent with this act and with the approval of the Massachusetts Port Authority.
The legal description of the Buffer Zone Area is as follows:
Beginning at a point on East First Street being N88-23-28E, a distance of 810.00 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,
Thence N88-23-28E, a distance of 552.82 feet by said East First Street,
Thence N01-36-32W, a distance of 80.00 feet,
Thence S88-23-28W, a distance of 472.82 feet,
Thence N01-36-32W, a distance of 20.00 feet,
Thence S88-23-28W, a distance of 80.00 feet,
Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning.
SECTION 6. Notwithstanding any general or special law to the contrary, upon acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area pursuant to this act, the Massachusetts Port Authority shall (i) dedicate the use of said Buffer Zone Area and the areas labeled as “Extended Buffer Areas” on the Plan referenced in SECTION 2, as a buffer zone along East First Street to help reduce visual and noise impacts associated with existing and future uses along Reserved Channel, and (ii) promptly engage in a planning process, with a committee of South Boston community residents, to design said Buffer Zone Area and Extended Buffer Areas to achieve the purposes of this act. Said committee shall be comprised of ten members, two of whom are to be appointed by the mayor of Boston, two of whom are to be appointed by the senator in the general court representing the South Boston district in which the DCR Parcel is located, two of whom are to be appointed by the representative in the general court representing the South Boston district in which the DCR Parcel is located, two of whom are to be appointed by the city district councilor representing the South Boston district in which the DCR Parcel is located, and two of whom are to be appointed by the Massachusetts Port Authority.
The legal descriptions of the areas labeled as “Extended Buffer Areas” on the Plan referenced in SECTION 2 are as follows: Beginning at a point on East First Street at the southwesterly corner of said Excess MBTA Parcel being N88-23-28E, a distance of 1362.82 feet from the intersection of the northerly sideline of East First Street and the easterly sideline of Summer Street,
Thence N88-23-28E, a distance of 1382.43 feet by said East First Street,
Thence N01-36-32W, a distance of 100.00 feet,
Thence S88-23-28W, a distance of 1382.43 feet,
Thence S01-36-32E, a distance of 100.00 feet to the point of the beginning,
SECTION 7. The Massachusetts Port Authority shall have the right to provide access and egress, and utility services, across the Buffer Zone Area and Extended Buffer Areas described in this act; provided, that, after acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area by the Massachusetts Port Authority pursuant to this act, in no event shall freight hauling to and from Conley Terminal encroach upon or cross the Buffer Zone Area or Extended Buffer Areas.
SECTION 8. The transfers in legal title and changes in use of land authorized in this act shall be effective notwithstanding any inconsistent public use and no compensation shall be paid. Notwithstanding any general or special law or regulation to the contrary, the transfers in legal title and changes in use of land authorized by this act may be implemented without any review, approval, authorization, or procedure otherwise applicable under the provisions of general or special law or regulation.
SECTION 9. After acquisition of the Designated Port Area Parcel, the Excess MBTA Parcel, and the Buffer Zone Area by the Massachusetts Port Authority pursuant to this act, the Massachusetts Port Authority shall have the obligation to use and maintain the Buffer Zone Area and Extended Buffer Areas described in this act as a buffer zone along East First Street to help reduce visual and noise impacts associated with the existing and future uses along Reserved Channel, and the Buffer Zone Area and the Extended Buffer Areas shall be subject to the provisions of Article XCVII of the Massachusetts Constitution.
SECTION 10. Notwithstanding any provision of section 2B of chapter fifty-nine of the general laws or section 17 of chapter 465 of the acts of 1956, leasehold improvements leased to a foreign or domestic electric company, distribution company, or generating company, as such terms are defined in section one of chapter one hundred sixty-four of the general laws, constructed on land acquired by the Massachusetts Port Authority pursuant to this act shall be subject to taxation and assessment to the lessee thereof in the same manner as the lands and buildings thereon would be taxed to such lessee under section 2B of chapter fifty-nine of the General Laws by the city of Boston, except that the payment of the tax shall not be enforced by any lien upon or sale of the lands, but a sale of the leasehold interest therein and of the buildings thereon may be made by the collector of the city of Boston in the manner provided by law in case of nonpayment of taxes on real estate. Except as expressly provided in this section, the land acquired by the Massachusetts Port Authority pursuant to this act shall not be subject to taxation or assessment by the city of Boston nor shall the Massachusetts Port Authority be required to make payments in lieu of taxes to the city of Boston with respect to such land, such land being used for an essential governmental function.
SECTION 11. This act shall take effect upon its passage.