Bill S.1560

SENATE DOCKET, NO. 1530 FILED ON: 1/18/2013

SENATE . . . . . . . . . . . . . . No. 1560

By Mr. Timilty, a petition (accompanied by bill, Senate, No. 1560) of James E. Timilty for legislation to designate and transfer certain land in the towns of Norfolk and Walpole for conservation, open space, water supply protection, and recreational purposes. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act designating and transferring certain land in the towns of Norfolk and Walpole for conservation, open space, water supply protection, and recreational purposes..

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. (a) The parcels described in section 2 in the Towns of Norfolk and Walpole are hereby designated for and shall be held under the protection of Article XCVII of the Amendment to the Constitution solely for the purposes of open space, forest and water supply protection, management and conservation, environmental education and research, and public access for passive recreation and enjoyment and shall be held solely for these purposes and uses, subject to the limitations of and to protect the rights of the public under Article XCVII of the Amendment to the Constitution.

.(b) The Department of Correction, in consultation with the Executive Office of Energy and Environmental Affairs and the towns of Norfolk and Walpole, may issue regulations consistent with the purposes set forth in subsection (a) for the public access, use and maintenance of those parcels. The department of corrections may also issue public access and use regulations for the Zone I protection of Department of Correction well fields #1, #2, #3, and #4 and designated security buffer zones that are under the custody, control and care of the Department of Correction.

.(c) No building or other permanent structure, utility system or paved roadway or area, excluding necessary recreational or conservation equipment and facilities, shall be constructed on or over any parcel designated under subsection (a). The Department of Corrections may operate, maintain, repair, replace, renovate, or remove any existing permanent structure, utility system or paved roadway or area within any parcel designated under subsection (a).

.SECTION 2. The parcels in the town of Norfolk and Walpole under the care, custody and control of the Department of Correction designated for the purposes described in Section 1 shall be those lands of the Commonwealth described within the “Proposed Use Boundary Line” - Blocks I, II, III and IV, shown on a plan entitled “Land Use Plan of Land in Norfolk, MA & Walpole, MA Prepared for the Commonwealth of Massachusetts Department of Corrections & Executive Office of Energy and Environmental Affairs”, drawn by Northeast Survey Consultants, Easthampton, Massachusetts, dated February 2, 2012, with copies on file with the Department of Correction and the Executive Office of Energy and Environmental Affairs with the exception of approximately five (5) acres described in Section 3. The exact boundaries of the parcels shall be determined by the Commissioner of Capital Asset Management and Maintenance in consultation with the Commissioner of the Department of Correction by a survey reviewed and approved by the Commissioner of the Department of Correction and the Secretary of Energy and Environmental Affairs.

.SECTION 3. (a) Notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the Commissioner of Capital Asset Management and Maintenance, in consultation with the Commissioner of the Department of Correction may convey the parcel described in section 3b, under the custody, control and care of the Department of Correction, currently used for correctional purposes and protection of correctional water supplies within the Stony Brook/Stop River watershed, to the Town of Norfolk to be solely designated, held and used only for passive and active recreational activities and facilities necessary for these uses and under the protection of Article XCVII of the Amendment to the Constitution. The consideration for the parcel shall be assessed at four hundred dollars per acre. Thirty days before the execution of a deed for the conveyance authorized by this section or any subsequent amendment thereto, the commissioner of capital asset management and maintenance shall submit the proposed deed or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days after receipt of the proposed deed or amendment. The commissioner shall submit the proposed deed or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 1 days before execution of the deed or amendment. The Town of Norfolk shall be responsible for all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals and deed preparation related to the conveyance of the parcel.

.(b) The parcel in the towns of Norfolk, shall consist of approximately five (5) acres, being a portion of those lands of the Commonwealth within the “Proposed Use Boundary Line” - Block I, shown on the abovementioned plan entitled “Land Use Plan of Land in Norfolk, MA & Walpole, MA” described as follows: beginning at a point on Pond Street (Route 115) on the northerly end of the Town of Norfolk Pond Street Recreational Facility and Fields parcel on assessor’s map 20, block 72, parcel 56 and following the boundary between this parcel and the land of the Commonwealth to a point on Pond Street (Route 115) on the southerly end of the Town of Norfolk parcel and then southerly along Pond Street (Route 115) to the corner with the “Tract 1000E-1 USA Easement Area” found in Deed Book 5788 Page 1 and thence easterly, thence northerly along the bounds of that easement to a point adjacent to Stony Brook, southerly of Well #2, thence southwesterly along Stony Brook to a point on Pond Street (Route 115) and thence southeasterly along Pond Street (Route 115) to the point of beginning. The exact boundaries of the parcel, containing approximately 5 acres, shall be determined by the Commissioner of Capital Asset Management and Maintenance in consultation with the Commissioner of the Department of Correction by a survey, reviewed and approved by the Secretary of Energy and Environmental Affairs and the Town of Norfolk.

.SECTION 4. (a) Notwithstanding sections 40F to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the Commissioner of Capital Asset Management and Maintenance, in consultation with the Commissioner of the Department of Correction may convey the parcel described in section 4b, under the custody, control and care of the Department of Correction, currently used for correctional purposes to the Town of Walpole to be solely designated, held and used only for passive and active recreational activities and facilities and open space purposes necessary for these uses and under the protection of Article XCVII of the Amendment to the Constitution. The consideration for the parcel shall be assessed at four hundred dollars per acre. Thirty days before the execution of a deed for the conveyance authorized by this section or any subsequent amendment thereto, the commissioner of capital asset management and maintenance shall submit the proposed deed or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days after receipt of the proposed deed or amendment. The commissioner shall submit the proposed deed or amendment, and the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least one day before execution of the deed or amendment. The Town of Walpole shall be responsible for all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals and deed preparation related to the conveyance of the parcel.

.(b) The parcel in the town of Walpole shall be those lands of the Commonwealth found on assessor’s map 55 parcel 99 and described within the “Proposed Use Boundary Line” - Block V, shown on the abovementioned plan entitled “Land Use Plan of Land in Norfolk, MA & Walpole, MA”, containing approximately 64.5 acres. The exact boundaries of the parcel, containing approximately 64.5 acres, shall be determined by the Commissioner of Capital Asset Management and Maintenance in consultation with the Commissioner of the Department of Correction by a survey reviewed and approved by the Secretary of Energy and Environmental Affairs and the Town of Walpole.

.SECTION 5. The assessed cost of $400 per acre as described in Sections 3 and 4 shall be determined fair and reasonable in consideration of reductions in prison aid to Walpole and Norfolk since Fiscal Year 2008.

.SECTION 6. The Department of Correction may receive gifts, grants or payments in a Trust Account, in an amount not to exceed $200,000, for the specific purpose of acquiring environmental services and equipment, including the purchase, installation and maintenance of recycling and renewable energy equipment. The Department of Correction may expend without further appropriation, all such funds received for such environmental services and equipment.

Name:	District/Address:
James E. Timilty	Bristol and Norfolk