Bill H.4033

HOUSE DOCKET, NO. 4383 FILED ON: 7/19/2019

HOUSE . . . . . . . . . . . . . . . No. 4033

By Mr. Moran of Boston, a petition (subject to Joint Rule 12) of Michael J. Moran for legislation to create a community process to supervise the disposition of a certain parcel of land on Leo M. Birmingham Parkway in the Allston-Brighton section of the city of Boston. State Administration and Regulatory Oversight.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act creating a community process to supervise the disposition of a certain parcel of land on Leo M. Birmingham Parkway in the Allston-Brighton section of the city of Boston.

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 chapter, the following words shall, unless the context requires otherwise, have the following meanings:

“AMI”, means area median income as defined by the Federal Department of Housing and Urban Development, for the Boston-Cambridge-Quincy, MA-NH HUD Metro Fair Market Rent Area.

“Department”, the department of conservation and recreation.

“Division”, the division of capital asset management and maintenance.

“Parcel”, the parcel of land shown on the city of Boston assessor’s map as, parcel identification number 22027622003, Leo M Birmingham Parkway, Boston, MA 02135, lot size 584,814 square feet. The exact boundaries of the parcel shall be determined by the commissioner of the division of capital asset management and maintenance in consultation with the commissioner of the department of conservation and recreation after completion of a survey

“Parkway”, the portion of Leo M. Birmingham Parkway which runs from its intersection with Market Street to the intersection North Beacon Street and North Beacon Street to the intersection of Soldiers Field Road, inclusive of said intersections.

"Person", a natural person, corporation, association, partnership or other legal entity.

“RFP”, a request for proposals.

“Task force”, the Leo M. Birmingham Parkway Task Force.

SECTION 2. There shall be established a Leo M. Birmingham Parkway Task Force which shall consist of 15 members: 1 of whom shall be a chairperson appointed by a majority vote of the senator for the Second Suffolk and Middlesex district, the senator for the Middlesex and Suffolk district, the representative for the Seventeenth Suffolk District, and the representative for the Eighteenth Suffolk District; 2 of whom shall be appointed by the mayor of the city of Boston; 2 of whom shall be appointed by the senator for the Second Suffolk and Middlesex district; 2 of whom shall be appointed by the senator for the Middlesex and Suffolk district; 2 of whom shall be appointed by the representative for the Seventeenth Suffolk District; 2 of whom shall be appointed by the representative for the Eighteenth Suffolk District; 2 of whom shall be appointed by the city of Boston district 9 city councilor; 1 of whom shall be the president of the Brighton Allston Improvement Association or their designee; and 1 of whom shall be the president of the Allston Civic Association or their designee. The task force may retain consultants necessary to exercise the powers and duties established in this chapter. The task force shall submit to the department a proposal regarding the level of funding required for the retention of consultants and reasonable administrative costs. The proposal shall be subject to the approval of the department.

SECTION 3. Notwithstanding sections 32 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, and pursuant to such additional terms and conditions as the commissioner of the division may prescribe, the division, in consultation with the department, may lease or convey a portion of the parcel, primarily for the purpose of the construction, maintenance and operation of a housing development subject to the process described in section 4. The division may grant or retain any easements as necessary to effectuate the purposes of this act.

SECTION 4. Notwithstanding any general or special law or rule or regulation to the contrary, the person chosen to develop the parcel shall be determined by the department after a competitive process in response to an RFP issued by the department. The RFP shall be developed by the task force in collaboration with the department. The RFP shall define the dimensional regulations, parking requirements, and other physical parameters of the project. The RFP shall require that at least 25 per cent of all units are reserved for households with an annual income at or below 60 per cent of AMI. The RFP shall require improvements to the parkway which address vehicular, pedestrian, and bicycle safety to be funded by the person chosen to develop the parcel and completed under the direction of the department. The RFP may specify other terms and require additional amenities as the task force deems appropriate.

SECTION 5. Upon receipt of no fewer than three proposals, the department may, in consultation with the task force, select the winning proposal and enter into a contract to develop the parcel subject to the conditions set forth in the RFP. The department may reject all proposals. If fewer than three proposals are received, or if the department rejects all proposals, the department may, in consultation with the task force, revise and reissue the RFP consistent with the process set forth in sections 3 and 4 of this act.

SECTION 6. Any funds received by the commonwealth as a result of the lease or conveyance authorized by this act, in excess of the funds necessary to improve the parkway shall be deposited in the Conservation Trust established in section 1 of chapter 132A General Laws.

SECTION 7. Any lease or conveyance entered into under this chapter shall include restrictions to ensure the parcel is used primarily for the purpose of housing development and in a manner consistent with the RFP but if the property reverts to the ownership of the commonwealth, then it shall be under no such restriction. The parcel shall not be subject to any local zoning ordinances or regulations.

SECTION 8. Notwithstanding any general or special law to the contrary, the person leasing or buying the parcel shall be responsible for all costs and expenses, including but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the conveyances authorized pursuant to this act as such costs may be determined by the commissioner of the division. Upon conveyance of the parcel, the person leasing or owning the parcel shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.

SECTION 9. Sections 2 and 3 of this act are hereby repealed.

SECTION 10. Section 9 shall take effective on December 31, 2023.

Name:	District/Address:	Date Added:
Michael J. Moran	18th Suffolk	7/17/2019