SENATE DOCKET, NO. 683        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1646

The Commonwealth of Massachusetts

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PRESENTED BY:

Linda Dorcena Forry

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the conveyance of a certain parcel of land in the city of Boston to the Haitian Church of the Nazarene Friends of the Humbles and the Greater Boston Nazarene Compassionate Center.

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PETITION OF:

SENATE DOCKET, NO. 683        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1646

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2807 OF 2013-2014.]

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act authorizing the conveyance of a certain parcel of land in the city of Boston to the Haitian Church of the Nazarene Friends of the Humbles and the Greater Boston Nazarene Compassionate Center.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith to authorize the reuse of certain surplus property, 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.  Notwithstanding sections 32 through 38, inclusive, of chapter 7C 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 conservation and recreation, may lease, for a term not to exceed ten years, which may be renewed and extended for two additional consecutive ten year terms, a certain parcel of state-owned reservation land in the city of Boston to the Church of the Nazarene Friends of the Humbles and the Greater Boston Nazarene Compassionate Center.  The lease shall be subject to such terms and conditions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, may prescribe, to ensure that environmental impacts associated with the use of the parcel are addressed. 

The parcel is located to the rear of 130 River street and shown as an area of land on a plan of land, captioned “Commonwealth of Massachusetts, Metropolitan District Commission, Parks Division, Neponset River Reservation, Boston (Dorchester District), Plan of Land to be Conveyed to V.F.W. Lower Mills Memorial Post No. 8699 Inc., June 1969, Benjamin W. Fink, Director of Engineering” and numbered 45852 –V.T. bounded and described as follows: northeasterly by “Parcel A” as shown on said plan, 247.69± feet; easterly by land now or formerly of John F. Ego, 74± feet; southerly by land of the Commonwealth of Massachusetts shown as “Metropolitan Sewer Easement” on said plan, 249± feet; and westerly by land now or formerly of John Conness, 75.92± feet  The exact boundaries of the parcel to be leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of conservation and recreation, after completion of a survey in the discretion of the commissioner.

SECTION 2.  The parcel is currently held for open space and passive recreation associated with the Neponset River Reservation under the care and control of the department of conservation and recreation.  The lease shall contain a restriction that the parcel shall only be used for parking purposes associated with the Church of the Nazarene Friends of the Humbles and the Greater Boston Nazarene Compassionate Center.  The department of conservation and recreation may terminate the lease as to all or a portion of the parcel in the event the department determines that all or a portion of the land is needed for any public construction project associated with the commonwealth’s sewer line easement operated by the massachusetts water resources authority located within the parcel described in section 1 or any public access to or bank improvements along the Neponset river.   No parking shall be allowed on the Commonwealth’s sewer line easement.  The consideration for the conveyance shall be the full and fair market value as determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, pursuant to an independent professional appraisal.  The amount paid as consideration shall be deposited into the department of conservation and recreation’s Urban Parks Trust Fund, established by section 34 of chapter 92 of the General Laws, and used to ensure a no-net-loss of lands protected for conservation and recreation purposes or mitigate impacts upon parkland.

SECTION 3.  If for any reason the property leased as described in section 1 ceases to be used solely for the purposes described in section 1, the commissioner of capital asset management and maintenance, in consultation with the commissioner of department of conservation and recreation, may terminate the lease. If the lease is terminated, the property shall revert to the commonwealth under the care and control of the department of conservation and recreation.

SECTION 4.  Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisal required pursuant to section 2.  The inspector general shall prepare a report of such review of the methodology utilized for the appraisal and shall file the report with the commissioner of capital asset management and maintenance, the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any conveyance authorized by this act or any subsequent amendment thereto, submit the proposed conveyance or amendment and a report thereon to the inspector general for review and comment. The inspector general shall issue such review and comment within 15 days of receipt of the proposed conveyance or amendment. The commissioner shall submit the proposed conveyance 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 15 days before execution of the conveyance.

SECTION 5.  Notwithstanding any general or special law to the contrary, Church of the Nazarene Friends of the Humbles and the Greater Boston Nazarene Compassionate Center and shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and lease preparation related to the conveyance authorized in this act as such costs may be determined by the commissioner of capital asset management and maintenance.