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Session Law

1997

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Chapter 180 AN ACT RELATIVE TO CERTAIN STATE LAND IN THE TOWN OF DANVERS.

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 52 of the acts of 1993 is hereby amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. The commissioner of capital planning and operations is hereby authorized, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to lease for a term of up to 30 years plus two extensions of 30 years each to an individual or entity, a parcel of land not exceeding 7.89 acres in size to be identified by said commissioner within the boundaries of the Danvers State Hospital.

Such lease shall be in accordance with such terms and conditions as the commissioner shall prescribe; provided, however, that the property shall be used primarily for the purpose of providing alcohol and drug detoxification programs and related public health programs for the department of public health; and provided further, that all interests in said property shall revert to the commonwealth in the event that said property ceases to be used for such purpose. The commissioner is hereby authorized to enter into negotiations with the lessee under said lease for the purchase by said lessee of such land, and to sell such land to said lessee upon such terms and conditions as the commissioner may prescribe.

SECTION 2. As used in this section and sections 3 to 16, inclusive, the following words shall, except as otherwise provided, have the following meanings unless the context clearly requires otherwise:-

"Commissioner", the commissioner of capital planning and operations.

"Committee", the Danvers State Hospital reuse task force committee or its successor organization.

"Danvers State Hospital disposition site", site and property, the approximately 150 acres of state owned land, including the buildings and other improvements thereon and more particularly described as Area A on the plan.

"Developer", a private person who acquires a leasehold or ownership interest in the Danvers State Hospital property pursuant to this act.

"Division", the division of capital planning and operations.

"Master plan", the plan described in section 3.

"Mental health clients", clients, patients and residents of the department of mental health as determined by the commissioner of mental health and department of mental health policy.

"Plans", the Danvers State Hospital reuse study, report of the Danvers State Hospital reuse task force dated March 25, 1993, and the report of the Danvers State Hospital reuse implementation committee dated July 27, 1994, which is on file with the division as such plan may be refined or revised from time to time by the commissioner in consultation with the committee.

SECTION 3. It shall be the policy of the commonwealth to provide, subject to appropriation, suitable residential units, support services, training and job opportunities to mental health clients at the Danvers State Hospital site and to create jobs and job training opportunities on the Danvers State Hospital site; to develop a framework for the economically and environmentally sound redevelopment of Danvers State Hospital, including the development of the following: research and development facilities, housing, the development of new economic and employment opportunities, including light industrial and manufacturing, offices, commercial and retail, medical, research and development, and educational uses, including the preservation of open space; to establish job creation and job training goals; to establish goals for the creation of low and moderate income housing; to encourage potential developers to conduct analyses of the various uses described herein and feasibility studies which shall include studies of proposed development programs and preliminary financial analyses of the development programs to assess the impact of the development programs on the surrounding community, including analysis of the economic benefit and the extent to which the employment and training opportunities match the skills and needs of residents of the surrounding neighborhood and to evaluate various private strategies for financing the development; to establish design criteria, including standards and design review and monitoring process, to determine appropriate land use, community benefits and development guidelines to maximize the economic potential and job creation opportunities of the site; and to encourage potential developers to complete a feasibility analysis which shall compare the costs and benefits of proposed land uses and their community benefits, which may include, but shall not be limited to, research facilities, office space, light manufacturing, housing, mental health facilities, open space, agricultural recreational uses, career development center, mental health care clinic, transitional housing for the mentally ill, biomedical research and development, health - related manufacturing, health service - related industries, community social and recreational facilities, mixed income housing, commercial and retail space, environmental research facilities and related uses, depending on the uses proposed, and shall take into consideration the continuing operation of the programs of state agencies on contiguous parcels and specification of private finance options.

SECTION 4. The commissioner of capital planning and operations is hereby authorized and directed, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws and subject to the provisions of this act, to convey by deeds approved as to form by the attorney general or to enter into leases for a term not to exceed 99 years, including all renewal options, to developers selected in accordance with the provisions of this section, all or portions thereof of certain parcels of land with or without buildings thereon located in the town of Danvers and more particularly described as Area A on the plan in the report of the Danvers State Hospital reuse task force, dated March 25, 1993, which is on file with the division.

The parcel described herein shall remain under conservation restriction by the department of food and agriculture and shall be designated as the Horace A. Clark memorial. Beginning at an iron pipe, said pipe being 523 feet more or less from the westerly sideline of Dayton Street, thence turning and running westerly by courses of 106.01', 62.88', 200.27' and 311.00' more or less to the centerline of the Ipswich River, said centerline being the Town Boundary between the Towns of Danvers and Middleton. Thence turning and running northerly along the centerline of the Ipswich River 1490' more or less, thence turning easterly along the brook, the centerline being the Danvers/Middleton Town Line, and running 235' more or less northeasterly along the Danvers/Middleton Town Line. Thence turning and running southerly 1925' more or less to an iron pin, said pin being the beginning of said parcel description. Said conservation restriction is granted to the town of Danvers along with the right to pass and repass said area over the existing gravel roadway between Dayton street and Ipswich river. Said parcel lies within the Danvers State Hospital property, map seventeen, parcel one.

SECTION 5. Within 180 days of the effective date of this act, the commissioner shall issue the initial requests for proposals, hereinafter referred to as RFP, for the redevelopment of all or any portion of Danvers State Hospital for uses authorized in section 7 of chapter 52 of the acts of 1993 including, but not limited to, light industrial and manufacturing, offices, retail areas, housing, medical, research and development and education. Said requests for proposals shall include, without limitation, the following:

(a) provisions for a diverse range of permanent and nonseasonal job opportunities;

(b) a framework for the economically and environmentally sound redevelopment of Danvers State Hospital, which may include the development of research facilities and housing and the development of new economic and employment opportunities and the preservation of open space;

(c) job creation and job training goals;

(d) goals for the creation of low and moderate income housing;

(e) requirements that development proposals shall provide for the developer's analysis of the proposed uses and feasibility studies which shall include: (i) studies of proposed development programs; (ii) preliminary estimate of costs and benefits of the development programs; (iii) preliminary financial analysis of the development programs; (iv) assessment of the impact of the development programs on the surrounding community, including analysis of the economic benefit and the extent to which the employment and training opportunities match the skills and needs of residents of surrounding neighborhoods; and (v) an evaluation of various private strategies for financing the development;

(f) design criteria, including standards, and a design review and monitoring process;

(g) determination of appropriate land use, community benefits and development guidelines to maximize the economic potential and job creation opportunities of the site; and

(h) requirements that development proposals shall provide for the developer's completion of feasibility analyses which shall compare the costs and benefits of the proposed land uses and their community benefits, including the impact of the operation of the program of state agencies on contiguous parcels and specifications of public or private finance options.

Such provisions shall not include any uses which are inconsistent with the provisions of this section or section 7 of chapter 52 of the acts of 1993, which use limitations are intended to ensure that no uses posing unreasonable environmental risks shall be conducted on said property or which interfere with the continuing operation of the programs of state agencies on contiguous parcels; provided, however, that uses expressly prohibited shall include, but not be limited to, the siting and operation of a dump or an incinerator or other means of permanent disposal of solid waste or hazardous waste.

In reviewing such proposals, the commissioner shall consider the report of the Danvers State Hospital reuse task force and the master plan of the Danvers State Hospital reuse subcommittee and shall work with the committee to issue said request for proposals for the reuse of the site and other uses compatible with the residential character of the area. Said master plan shall be advisory. The committee shall assist said commissioner in reviewing the proposals submitted in response to the RFP and in the selection of bids.

The proposals selected shall be compatible with the recommendations of the Danvers State Hospital reuse task force plans.

Said commissioner may require that such proposals and any subsequent leases or disposition agreements for housing use shall provide that not less than 10 per cent of any housing units created by the developer shall be made available for persons with mental illness who are in need of appropriate housing and shall include appropriate mental health support services.

Said commissioner may require that such proposals and any subsequent leases or disposition agreements for the development of Danvers State Hospital shall provide that not less than 10 per cent of employment and job training opportunities be targeted for qualified mental health clients.

SECTION 6. Within one year after the effective date of this act, the commissioner, after reviewing the recommendation of the citizens advisory committee, established in section 4 shall provisionally designate a developer to undertake a redevelopment project for all or a portion of the Danvers State Hospital site. Such designation shall be made based on the minimization of costs and expenses to be borne by the commonwealth, the proposal's conformity with the provisions of this act, the financial feasibility of the proposal, the developer's experience with particular weight being given to those proposals that are least dependent upon state financial assistance, loan guarantee or other direct or indirect contributions by the commonwealth. Said commissioner shall seek the advice and input of said citizens advisory committee which shall comment on said commissioner's selection in writing and forward its comments to the house and senate committees on ways and means. If said commissioner selects a developer who did not offer the highest price, said commissioner shall include a justification for such decision in the notification required by section 40H of chapter 7 of the General Laws. Said commissioner shall maintain a written record in reasonable detail of evaluations and negotiations undertaken pursuant to this act and shall retain such record with the proposals in accordance with said section 40H.

SECTION 7. Within 180 days after such designation as a developer, the designated developer shall prepare a master plan for all or a portion of the Danvers State Hospital site which the developer proposes to redevelop as a guide to such redevelopment. The developer shall consider the report of the Danvers State Hospital reuse task force, which is on file with the divisions, in the formulation of the master plan. Upon completion of the master plan, the developer shall submit a copy of said master plan to the joint committee on state administration, the joint committee on housing and urban development, the house and senate committees on ways and means and the inspector general. Said master plan shall include the following for the portion or all of the property proposed by the developer to be redeveloped:

(1) a description and site plans of the property, a narrative and graphic presentation of the characteristics of the existing conditions of the site, boundaries of legally protected wetlands and boundaries of open space for recreation as well as buffer zones between the abutting neighborhoods and the Danvers State Hospital site;

(2) a determination of the structural soundness of buildings on the site and recommendations for the demolition or securing of unsound or unsafe building, as appropriate;

(3) provisions for a management and maintenance plan that shall provide for the care of grounds, open space, buffer areas or other land areas critical to the operation and appearances of land uses on the redevelopment site;

(4) consideration of any areawide traffic impact on neighborhoods abutting the site; provided, however, that the primary purpose of such planning and related traffic changes shall be the improvement of pedestrian safety and automobile access to the site;

(5) evaluation of public transportation needs of the towns of Danvers and Middleton created by the proposed redevelopment;

(6) identification of all environmentally sensitive areas and agriculturally significant soils and, where appropriate, a description of a mechanism to protect conservation restrictions, easements and covenants and to provide protection and community access; provided, however, that early attention to state environmental review requirements shall be part of the planning process;

(7) a determination of appropriate land use, community benefits and developmental guidelines to maximize the economic potential of the site, job creation opportunities and the delivery of mental health services;

(8) a feasibility analysis that compares the costs and benefits of the proposed land uses and their community benefits, which takes into consideration the continuing operation of the programs of state agencies on contiguous parcels and specification of private finance options;

(9) job creation and job training goals; and

(10) an assessment of infrastructure needs as part of the land disposition process.

Final adoption of the master plan shall occur when certified in writing by the committee as a result of a simple majority vote. Written objection shall be submitted within 30 days of receipt of the master plan in writing by said committee. All communications required by this section shall be by certified mail.

All funds derived from the sale, lease, sublease, granting of easements or other conveyances related to parcels within the site shall be credited to the General Fund.

SECTION 8. Upon fulfillment of all terms of the provisional designation including, but not limited to, the design for a project or phase of a project, the obtaining of the required permits and approvals and the obtaining of the necessary commitments for financing to proceed with construction of a project or a phase of a project, the commissioner and the developer shall negotiate and execute a land disposition agreement that shall specify any and all conditions precedent to closing the property transaction and any post closing obligations of all parties.

Any such land disposition agreement may include, but shall not be limited to, the following:

(1) job training requirements and goals for the employment by the developer and any occupants of the property of mental health clients, as determined by the commissioner in consultation with the commissioner of the department of mental health;

(2) a goal that 10 per cent of any housing developed on the property shall be made available to individuals with mental illness before a binding agreement is entered into for its use with any other person; provided, however, that when affordable housing is any part of housing developed on the property, as much as possible of the 10 per cent set aside should be contained within the affordable housing allocation; and

(3) a requirement that the developer consult with the planning department of the town of Danvers during the planning, development, construction and management of said developments on a regularly scheduled basis.

Any private development and use of the property shall be consistent with the use, density and design guidelines set forth in the development recommendation portion of the plan and the town of Danvers zoning by-laws in effect from time to time and any variances or special permits issued thereunder.

The following provisions also shall govern any lease or other dispositions:

(a) The portion of the property which includes the property under the care, custody and control of the department of food and agriculture pursuant to chapter 686 of the acts of 1981 and any other portion of the property now used as agricultural land, as determined by said commissioner, shall remain under the care, custody and control of that department and may not be included in such transfer except:

(1) said commissioner may grant easements for access, egress, utilities and drainage determined by said commissioner to be necessary or appropriate to service any portion of the property being leased, conveyed or transferred; and

(2) said commissioner, after consultation with and approval of the commissioner of food and agriculture, may exchange portions of the property now used for agricultural use for other provisions of the property of similar size which could be devoted to agricultural use.

(b) The existing residential facilities, identified as cottages two, three and ten in the plan and two ICF/MR units, so-called, also as identified in the plan shall continue to be used and maintained by the respective state agencies now operating said facilities, for so long as such agencies need such facilities for the agencies' public purposes; provided, however, that the commissioner, with the approval of the commissioner of mental retardation, shall have the authority to substitute other residential facilities for said facilities by creating or requiring a developer to create and pay for the construction of comparable accommodations on the property or elsewhere and to convey or lease the same to the commonwealth.

(c) Any recreational facilities created on the property shall be made available to the general public; provided, however, that individuals with mental illness shall receive priority access pursuant to agreements to be entered into between the developer or any entities developing, controlling or leasing said facilities and the commissioner of mental health.

(d) The two cemeteries on the property shall be properly memorialized, preserved and protected in a manner determined by the commissioner in consultation with the commissioner of the department of mental health.

(e) Goals shall be established for affirmative action to be achieved by the developer relative to equity participation and employment of minorities, women and for minority business set-asides, to the extent permitted by law.

(f) Restrictions prohibiting employment discrimination on the basis of race, color, sex, age, national origin, religion or handicap shall be adhered to.

(g) Provisions for education, job training, job placement, and child care to assist the needs of potential employees and job applicants, especially residents of surrounding neighborhoods and other residents of the towns of Danvers and Middleton shall be made in conjunction with the development of any commercial, industrial or institutional facilities in gaining access to future employment created by said development.

The commissioner shall, 45 days prior to the execution of the proposed deed or lease authorized by section 7 of chapter 52 of the acts of 1993, or any subsequent amendment thereof, submit a report to the inspector general for review and comment regarding compliance with the purposes of this act. The report shall describe the costs and benefits to the commonwealth of the proposed disposition or lease. Said inspector general shall issue any comment within 15 days of receipt of the report. Said commissioner shall submit the report and any subsequent amendments thereof, and the comment of said inspector general, if any, to the house and senate chairmen of the committees on state administration, housing and urban development and ways and means at least 20 days prior to the execution of the proposed deed or lease.

Said commissioner is hereby authorized notwithstanding the provisions of sections 40G and 40H of chapter 7 of the General Laws to negotiate and enter into one or more leases with developers of Danvers State Hospital to provide state office space or other space for state agencies on the site for a term of up to ten years with an option to extend the term for up to an additional 10-year period; provided, however, that the rental amount for such lease shall in no event exceed the rent for comparable leases in the town of Danvers as determined by said commissioner; provided further, that any such lease shall be based upon a review by said commissioner; and provided further, that any such lease shall be based upon a review by said commissioner of current and foreseeable agency space needs in the Danvers area, as well as upon an analysis of the cost and benefits to the state of such a lease arrangement. Said review shall be submitted to said inspector general for review and comment prior to the execution of a lease. Said inspector general shall issue any comment within 15 days of receipt of said review.

The amount of consideration for the sales lease, sublease, granting of easements or other conveyances authorized by the provisions of this act shall be equal to the fair market value as determined from three independent appraisers selected by the commissioner of capital planning and operations through the competitive bid process and with a methodology approved by said inspector general. The consideration for said parcels shall take into account the obligations placed on the developer required by this section and the benefits of the project to the surrounding communities.

The commissioner is hereby authorized to grant the developer rights-of-way or easements over those portions of the site not yet conveyed and over other property of the commonwealth contiguous to the parcels described in this act and the commonwealth may accept from the developer similar rights-of-way or easements in roadways or land on the parcels to be conveyed pursuant to this section for purposes of access, egress, drainage and utilities; provided, however, that there shall be no material interference with the purposes of this section.

SECTION 9. There shall be a Danvers State Hospital citizens advisory committee, hereinafter referred to as the CAC which shall consist of no more than 15 persons and shall consist of residents and the director of the town of Danvers planning staff, the names of whom shall be submitted by the town manager to the commissioner, a design and planning professional, a representative of the Massachusetts historical commission, a representative of the AMI North region, residents of the town of Middleton, the names of whom shall be submitted by the town manager to the commissioner and other participants the commissioner and local elected officials deem appropriate. The state representative and senator representing said town of Danvers shall serve as ex-officio members.

Said committee may review, comment, hold public workshops and make recommendations concerning the developer's master plan and the designation of any developer in order to create economically and environmentally sound uses in the development of the Danvers State Hospital property and in order to promote economic development and job creation in the metropolitan area and nearby neighborhoods.

SECTION 10. Notwithstanding the provisions of chapter 7 of the General Laws, the commissioner is hereby authorized to convey by deed easements for access, egress, drainage and utilities in property owned by the commonwealth contiguous to the Danvers State Hospital disposition site; provided, however, that the use thereof shall not interfere in a material way, as determined by said commissioner, with the activities then being conducted on such contiguous property.

SECTION 11. The provisions of this act shall be deemed to provide an additional, alternative and complete method for accomplishing the purposes of this act and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon the commissioner and others by law; provided, however, that insofar as the provisions of other laws are inconsistent with the provisions of this act, the provisions of this section shall be controlling.

SECTION 12. It shall be the responsibility of the executive office of administration and finance to determine any and all cost liability assigned to the commonwealth and its subdivisions as a result of the agreement apportioning costs of Phase II constructions, dated February 6, 1967, of the agreement apportioning costs of Phase III, Section I, construction of the Danvers interceptor, effective December 14, 1982 of the agreement apportioning costs of Phase III, Section II, III, IV, Danvers interceptor effective May 28, 1985 and SESD apportionment agreement dated February 14, 1994.

SECTION 13. The commissioner of capital planning and operations is hereby authorized to amend any lease previously entered into by said division pursuant to section 7 of chapter 52 of the acts of 1993 to incorporate into such lease the amendments set forth in section 8 of this act.

SECTION 14. The commissioner is hereby authorized to expend not more than $5,000,000 for surveys, studies, environmental and other investigations, preparation of plans and specifications, remediation, administrative expenses and other expenses deemed necessary by said commissioner to further the transfer disposition of interests in the Danvers State Hospital disposition site; provided, however, that the commissioner may expend whatever portion of such funds may be necessary to secure and maintain the site until such time as the site is conveyed or leased to another entity.

SECTION 15. To meet the expenditures necessary to carry out the provisions of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in amounts specified by the governor from time to time not exceeding, in the aggregate, the sum of $5,000,000. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Danvers State Hospital Redevelopment Loan, Act of 1997, and shall be issued for such maximum term of years not exceeding 20 years as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2020. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 16. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money in an amount not to exceed $5,000,000 as may be necessary for the purpose of making payments authorized by this act and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rates as shall be fixed by said treasurer. Such notes shall be issued and may be renewed one or more times for such term, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturity date of such notes, whether original or renewal, shall be not later than June 30, 2005. Notwithstanding any other provisions of this act, notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

Approved November 26, 1997.

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