SENATE DOCKET, NO. 3308        FILED ON: 6/21/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2892

The Commonwealth of Massachusetts

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PRESENTED BY:

Ryan C. Fattman

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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 providing for the disposition of certain property in the town of Upton.

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PETITION OF:

SENATE DOCKET, NO. 3308        FILED ON: 6/21/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2892

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act providing for the disposition of certain property in the town of Upton.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 156 of the acts of 2005 is hereby amended by striking out sections 1 through 4, and inserting in place thereof the following sections:-

"SECTION 1. The commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, shall, notwithstanding sections 40F, 40G, 40H and 40l of chapter 7C of the General Laws, convey by deed 2 parcels of land off of Maple Avenue in the town of Upton, presently under the care, custody and control of the department, to the Upton Development Group, Ltd., or its nominee. The parcels are shown on a plan of land entitled "Approval Not Required Plan of Land Maple Avenue, Hartford Avenue, Glen Avenue Upton, Massachusetts, Worcester County" dated October 13, 2013, prepared by Geo/Network Land Survey, Inc.. The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department.

SECTION 2. In consideration of the conveyance provided for in section 1, the division of capital asset management and maintenance shall receive from the recipient, conveyance of 2 parcels of land to be placed under the care, custody and control of the department of conservation and recreation, to be used for conservation purposes. The parcels are shown on a plan of land entitled "Approval Not Required Plan of Land Maple Avenue, Hartford Avenue, Glen Avenue Upton, Massachusetts, Worcester County" dated October 13, 2013, prepared by Geo/Network Land Survey, Inc. The exact boundaries of the parcels shall be determined by the commissioner in consultation with the department and recipient.

SECTION 3. In further consideration of the conveyance provided for in section 1, the recipient shall donate $25,000 to the department of conservation and recreation, as compensation and restitution for the trespass, encroachment and contamination related to the past disposal of solid and hazardous waste materials on the state parcels. At the time of conveyance, compensation and restitution shall be paid and deposited in the Conservation Trust, established pursuant to chapter 132A, section 1 of the General Laws. The conveyance and payment of additional compensation shall satisfy the obligations of the Upton Fuels and Construction, Inc., and their stockholders to the commonwealth for the past activities identified above.

SECTION 4. There shall be an independent appraisal, or appraisals, of the parcels described in section 1 and section 2 to be conveyed by this act to determine their market values, or the values in use as proposed, based upon one or more professional appraisals as commissioned by the commissioner of the division of capital asset management and maintenance. The parcels described in section 2 were determined to be of three times greater value than the parcels to be conveyed by the commonwealth in section 1, the commonwealth shall not be obliged to pay such difference. The full and fair market value of all parcels were determined by an independent appraisal, prepared in accordance with the usual and customary professional appraisal practices, by a qualified appraiser commissioned and instructed by the commissioner to appraise the state parcels described in section 1 as if free of contamination and without the benefit of any permits, approvals or authorizations obtained by the recipient. The commissioner shall submit the appraisal or appraisals to the inspector general for review and comment as identified in this section at least 15 days before the execution of the conveyance."