HOUSE DOCKET, NO. 4560        FILED ON: 2/6/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4268

The Commonwealth of Massachusetts

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PRESENTED BY:

Brendan P. Crighton

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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 amending the authorization for the exchange of an easement in the control of the Department of Conservation and Recreation to facilitate a project important to the economic development of the city of Lynn.

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PETITION OF:

HOUSE DOCKET, NO. 4560        FILED ON: 2/6/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4268

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act amending the authorization for the exchange of an easement in the control of the Department of Conservation and Recreation to facilitate a project important to the economic development of the city of Lynn.

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.   Chapter 38 of the acts of 2003 is hereby amended by striking out the words “the city of Lynn” wherever they appear,   and inserting the following in place thereof:- Lynn Redevelopment LLC.

SECTION  2. Section 1of said chapter 38 is hereby amended by striking out the words “sections 40E to 40J, inclusive, of chapter 7” and inserting in place thereof the following:-  sections 32 through 37 of chapter 7C.  

SECTION 3.  Section 1 of said chapter 38 is hereby amended by striking out the words “in order that the city of Lynn or its successors or assigns may convey the easement”.

SECTION 4.Section 1 of said chapter 38 is hereby amended by deleting the second paragraph thereof  and replacing it with the following paragraph:

The easement to be transferred by Lynn Redevelopment LLC pursuant to clause (a) of section 2 hereof may not be used to support an increase in floor area ratio or create additional lots on land owned by Lynn Redevelopment LLC.

SECTION 5.  Section 2 of said chapter 38 is hereby amended by striking out clause (a) and inserting the following in place thereof:-

(a) transferring easements for conservation and recreation purposes to the commonwealth, acting by and through the department of conservation and recreation, as shown on a plan entitled “Public and DCR Vehicular Access Easements Exhibit Plan, Lynn, MA,” Scale: 1”=50’, dated November 9, 2017 prepared for grantee by Hancock Associates to be recorded at the Essex South district registry of deeds and consisting of: a new easement for conservation and recreation purposes on a parcel of land comprising approximately 122,401± square feet (2.8100 acres); a public vehicular access easement for use of an approximately 6,871± square foot area with an 11-space parking area; and a pedestrian and vehicular access easement over an approximately 28,752± square foot area so that employees and agents of the department can access the improvements constructed under clause (b). Modifications to this plan may be made before the conveyance of the easement, with the approval of the department of conservation and recreation;

SECTION 6.  Section 2 of said chapter 38 is hereby amended by striking out clause (d) and inserting in place thereof the following:-

(d) conveying in escrow to the commonwealth, acting by and through the division of capital asset management and maintenance a parcel of land containing 8,139 s.f. at 1 - 19 Exchange Street, described in the deed from David L. Keimach to Michael T. Miles, trustee, Miles Group of Lynn Realty Trust, recorded in Essex south registry of deeds at book 19345, page 265; and simultaneously transferring a permanent conservation restriction upon the parcel to the commonwealth, acting by and through the department of conservation and recreation, restricting the use of the parcel to public park purposes and no other use; and.

SECTION 7.Section 2 of said Chapter 38 is hereby amended by striking out clause (f) in its entirety.

SECTION 8.  Section 3 of said chapter 38 is hereby amended by striking out the last sentence.

SECTION 9.  Said chapter 38 is hereby amended by striking out section 5 and inserting in place thereof the following section:-

Section 5.  The grantor's obligation to complete the release  authorized in section 1 shall be conditioned upon the grantee's completion of the obligations set forth in clause (a)  of section 2 and the payment of any monetary consideration required in sections 3 and 4.  The remaining obligations set forth in section 2 may be performed after the release authorized in section 1 upon such terms and conditions as the commissioner of the division of asset management and maintenance may determine in consultation with the commissioner of the department of conservation and recreation. Construction by the grantee, or its agents, of the improvements described in clause (e) of section 2 shall not be subject to public procurement laws provided that the grantee shall pay prevailing wages for any such construction.

Within 21 days of the issuance of any building permit to grantee, or its successors or assigns, for construction of any building improvements on any portion of the easement released under section 1, grantee shall provide financial security to the division acceptable to the commissioners of the division and the department to ensure construction of the improvements required by clause (b) of section 2 within a time period to be set by the division not to exceed 36 months from the date of the release.

Prior to the release authorized in section 1, grantee shall provide financial security to the division acceptable to the commissioners of the division and the department to ensure construction of the improvements required by clause (e) of section 2 within a time period to be set by the division not to exceed 36 months from the date of the release.

The division and the department with good cause may extend the time periods for completion of the improvements required by clauses (b) and (e) of section 2.

Upon completion of the improvements required by clause (e) of section 2 to the reasonable satisfaction of the commissioners of the division and the department, the division may close on the property held in escrow under clause (d) of section 2 and in accordance with any additional terms and conditions previously determined by the division, after which the division shall transfer the parcel to the care and control of the department for conservation and recreation purposes.  

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