Bill S.2998

SENATE . . . . . . . . . . . . . . No. 2998

The Commonwealth of Massachusetts

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

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SECTION 1. (a)(1) Notwithstanding section 7E of chapter 81 of the General Laws or any other general or special law to the contrary, the secretary of transportation may convey to Wakefield Investments, Inc. a certain parcel of land in the town of Stoneham owned by the Massachusetts Department of Transportation and taken for highway purposes under Highway Layout 4724 to reconstruct an off-ramp from the interstate highway route 93 northbound to Montvale avenue and Maple street.

(2) The parcel to be conveyed is a portion of parcel 2-31 listed on the order of taking, which is landlocked to the abutting property owner at 100 Maple street and is described in an order of taking recorded in the Middlesex southern district registry of deeds in book 9244, page 114, containing 12,500 square feet of land, more or less.

(b) The consideration for the conveyance authorized in subsection (a) shall be the full and fair market value of the parcel as determined by the secretary transportation and as agreed to by the abutting property owner at 100 Maple street. The parcel shall be conveyed in its present condition as is using the Massachusetts Department of Transportation’s standard form release deed.

(c) Notwithstanding any general or special law to the contrary, Wakefield Investments, Inc. shall be responsible for all of costs and expenses related to the conveyance authorized in subsection (a), including, but not limited to, costs associated with any engineering, surveys, layout alterations, recording costs, appraisals and deed preparation as such costs may be determined by the secretary of the transportation.

SECTION 2. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws, chapter 312 of the acts of 1996 or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may release or amend certain use restrictions held by the commonwealth for municipal recreational purposes and public safety and other municipal building purposes on all or a portion of certain parcels of land on Payson road in the town of Foxborough. The use restrictions are described in deeds recorded in the Norfolk registry of deeds in book 20013, page 470 and book 13416, page 205 and shown as parcels H-1 and H-2 on a plan entitled “Approval Not Required Subdivision Plan”, prepared for Foxborough State Hospital, Foxborough, MA, dated December 10, 1998 and prepared by Rizzo Associates Inc., recorded in the Norfolk registry of deeds in plan book 465, page 256. The consideration for the release or amendment of the use restrictions shall be a use restriction for housing purposes, which may include, but shall not be limited to, market rate housing and senior housing purposes; provided, however, that the town of Foxborough may subsequently convey all or a portion of the parcels to a third party for housing purposes.

(b) The town of Foxborough shall be responsible for all costs and expenses of any transaction authorized pursuant to subsection (a) as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations and recording fees.

SECTION 3. (a)(1) Notwithstanding sections 32 to 37, 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 may convey certain parcels of land to the town of Bolton. The parcels to be conveyed formerly served as part of the campus of the Lancaster Industrial School for Girls and are described as: (i) the Northeast corner of the former Lancaster Industrial School for Girls, located at 220 Old Common road in the town of Lancaster, that extends into the town of Bolton on a plan of land entitled “Lancaster Complex South Bolton & Old Common Roads Lancaster & Bolton, Massachusetts”, prepared by Design Professionals, Inc. and dated November 2, 2018 which is on file with the division of capital asset management and maintenance; and (ii) the Bolton dam in the town of Bolton, located near the Lancaster town line, as shown on 2 maps on file with the division of capital asset management and maintenance. The parcels are further described in deeds recorded in the Worcester district registry of deeds in: (i) book 639, page 254; (ii) book 639, page 255; (iii) book 549, page 192; (iv) book 549, page 194; and (v) book 2642, page 485. The exact location and boundaries of the parcels to be conveyed shall be determined by the commissioner after completion of a survey.

(2) Notwithstanding any general or special law to the contrary, the town of Bolton, acting by and through its select board, may enter into a purchase and sale agreement, lease or other agreement to acquire the parcels or acquire rights to the parcels described in paragraph(1).

(3) The uses of the parcels described in paragraph(1) shall be restricted to general municipal purposes. The deed or other instrument conveying a parcel to the town of Bolton pursuant to this act shall state that the parcel shall be used solely for general municipal purposes and shall include a reversionary clause that stipulates that if the parcels cease at any time to be used for such purposes, then title to the parcel shall, at the election of the commonwealth, revert to the commonwealth. The reversionary clause shall contain provisions requiring that the town of Bolton receive reasonable notice of and a reasonable time to cure any allegation that either parcel is not being used for general municipal purposes.

(4) The consideration for the conveyance shall be the fair market value of the parcels as determined by the commissioner of capital asset management and maintenance based upon an independent professional appraisal, taking into consideration the restriction on the use of the parcels pursuant to paragraph (2). The commissioner shall submit the appraisal to the inspector general for review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal. The inspector general shall prepare a report and file the report with the commissioner of capital asset management and maintenance. After receiving the report, the commissioner shall submit copies of the report to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight not less than 15 days prior to the execution of documents affecting the conveyance pursuant to this act.

(b)(1) If the town of Bolton does not complete the purchase of the parcels pursuant to subsection (a) on or before December 31, 2025 or such date thereafter as agreed to by the town of Bolton and the commissioner of capital asset management and maintenance, then, notwithstanding sections 33 to 37, 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 may sell, lease for a term of up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the parcels, or any portions thereof on such other terms and conditions as the commissioner of capital asset management and maintenance considers appropriate.

(2) The commissioner of capital asset management and maintenance shall use appropriate competitive bidding processes and procedures when making any disposition pursuant to this section. Not less than 30 days before the date on which bids, proposals or other offers to purchase the parcels, or any portion thereof, are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating: (i) the availability of the parcels; (ii) the nature of the competitive bidding process; (iii) the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals; and (iv) any other information that the commissioner deems relevant. The commissioner shall place notice in the central register of the individual or firm selected as party to any real property transaction involving the property and the amount of the transaction.

(c) Any purchase and sale agreement, lease or other document relating to the sale, lease, transfer or other disposition of the parcels, or any portions thereof, pursuant to this section shall provide that the commonwealth shall have no liability to any purchaser, lessee, transferee or successor to any purchaser, lessee or transferee of all or part of the parcels for any claims arising out of or related to the conditions, known or unknown, of the parcels or otherwise in connection with any sale, lease, transfer or other disposition thereof.

(d) A deed executed pursuant to this section may retain or grant rights of way or easements for access, egress, utilities and drainage across any other portions of the parcels and the commonwealth may accept from a purchaser rights of way or easements in roadways or across any portions of the parcels to be conveyed or transferred for access, egress, drainage and utilities as the commissioner of capital asset management and maintenance may determine necessary and appropriate to carry out this section.

(e) The purchaser or lessees of the parcels or portions thereof pursuant to subsection (b) shall be responsible for all costs and expenses related to the purchase, lease or transfer of such parcels including, but not limited to, costs associated with surveys, deed preparation and recording fees as determined by the commissioner of capital asset management and maintenance.

(f) The cash proceeds of the sale of the parcels described in this section, or any portion thereof, shall be deposited into the General Fund.

SECTION 4. (a) Notwithstanding sections 32 to 37, 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 court administrator of the trial court of the commonwealth, may convey certain adjacent parcels of land in the city of Framingham acquired for the purpose of erecting a building for the first district court of southern Middlesex for nominal consideration to the city of Framingham; provided, however, that the commissioner shall not convey said parcels until: (i) the completion of a regional justice center at 121 Union avenue in the city of Framingham; and (ii) a determination by the commissioner, in consultation with the court administrator, that the parcels are surplus to the needs of the trial court. The parcels are located at 600 and 602 Concord street in the city of Framingham and are further described in deeds recorded in the Middlesex southern district registry of deeds in book 7816, page 107 and book 9859, page 328. The parcels shall be conveyed by deed without warranties or representations by the commonwealth and without restrictions on use or future conveyance by the city. The conveyance shall be subject to such additional conditions and restrictions as the commissioner, in consultation with the court administrator, may determine. The commissioner may, in consultation with the court administrator, determine the exact boundaries of the parcels prior to conveyance.

(b) Notwithstanding any general or special law to the contrary, the city of Framingham shall be responsible for all costs and expenses of any transaction authorized by this section as determined by the commissioner of capital asset management and maintenance, including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation.