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  • Acts
  • 1998
  • Chapter 274 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT INTERESTS IN CERTAIN LAND TO THE TOWN OF FRANKLIN.

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. The commissioner of the division of capital asset management and maintenance is hereby authorized, notwithstanding the provisions of sections 40F to 40I, inclusive, of chapter 7 of the General Laws, to grant a lease, for a term of 50 years with an option for additional terms of 25 years, to the town of Franklin for the purpose of laying, installing, constructing, maintaining, repairing, replacing and operating a public water supply and water supply distribution system, and to allow access and utilities to the land area necessary therefor, on land now under the care and control of the department of environmental management as part of the Franklin state forest and dedicated to conservation and recreation uses. Said land to be subject to the lease and is shown as parcel 6, parcel 8 and parcel 9 on a plan of land entitled "Plan of Well No. 11 In Franklin, Mass." prepared by the Norfolk county engineering department, dated October 10, 1996; provided, however, that said plan may be subsequently revised by said commissioner after consultation with the department of environmental management. Said commissioner is hereby further authorized to grant temporary rights to said town of Franklin in addition to the leased area for construction of the improvements authorized by this section. Said lease shall be subject to the requirements of sections 2 to 5, inclusive, and to such other terms and conditions as said commissioner may prescribe in consultation with said department of environmental management.

SECTION 2. No instrument purporting to convey on behalf of the commonwealth the property interest described in section 1 shall be valid unless the instrument provides that the property interest shall be used solely for the purposes of laying, installing, constructing, maintaining, repairing, replacing and operating a public water supply and water supply distribution system and a means of access thereto.

SECTION 3. If construction or installation of the improvements for the purposes described in section 2 are not begun within five years from the effective date of this act, or if the uses of said improvements or the replacement thereof for the purposes authorized by this act cease at any time thereafter, all property interests shall revert to the commonwealth, upon notice by, under terms and conditions prescribed by, the commissioner of capital asset management and maintenance in consultation with the commissioner of environmental management, except for the town of Franklin's property interests in any improvements, equipment, structures, buildings or personal property, which property shall remain the property of said town of Franklin and shall be removed from the parcel of land described in section 1 by said town within 180 days of such cessation, and the land subject to the lease hereby authorized shall return to the care and custody of the department of environmental management to be managed as part of Franklin state forest.

SECTION 4. The town of Franklin shall assume the costs of any appraisals, surveys and other expenses deemed necessary by the commissioner of capital planning and operations for the lease and for all liabilities and expenses associated with the easement area and improvements thereto. Said town of Franklin shall additionally comply with the provisions of the law regarding environmental protection, shall fully implement the water conservation standards for the commonwealth as approved by the water resources commission in October, 1992, shall provide to the department of environmental management operating plans sufficient to demonstrate that there will be no significant adverse environmental impacts as a result of the proposed withdrawal of water, specifically on the natural functioning or on the normal level of any stream, aquifer, pond, lake or woodland, and on fish or other aquatic wildlife or their habitats, and shall install underground all lines, conduits, wires and other appurtenances for provision of electricity and other utilities to and on the land to be subject to the lease authorized in section 1.

SECTION 5. In consideration for the lease hereby authorized, the town of Franklin shall provide reasonable compensation. Compensation shall include, but not be limited to, a $225,000 monetary contribution by said town of Franklin toward acquisition by the department of environmental management of a parcel of land deemed suitable by said department for conservation and recreation purposes, which amount may be deposited in a special account established for that purpose; provision of at least 15 parking spaces at the summit of Forge hill on land currently owned by said town, to be available without charge to all visitors to Franklin state forest; conveyance to the commonwealth for use by the department of environmental management of two parcels of land immediately abutting said state forest, one part of Buck Hill Estates Subdivision, so-called, and one part of Prospect Heights Subdivision, so-called, to the department of environmental management for nominal consideration; and, improvements to the public boat ramp at Beaver pond in accordance with the terms of a memorandum of understanding entered into by said department of environmental management and said town.

SECTION 6. The commissioner of the division of capital asset management and maintenance is hereby further authorized, notwithstanding the provisions of sections 40F to 40I, inclusive, of chapter 7 of the General Laws, to convey in fee to the town of Franklin a parcel of land located in said town of Franklin, now under the care and control of the department of environmental management for conservation and recreation purposes, described in section 7, reserving from the conveyance a permanent easement in said parcel for the purpose of access and egress by the commonwealth and the general public to and from other land of the commonwealth.

SECTION 7. The parcel of land to be conveyed by section 6 is shown as parcel 3 on a plan of land entitled "Plan Showing The Layout Of Panther way In Franklin, Mass." prepared by the Norfolk county engineering department, dated May 12, 1992, recorded with the Norfolk county registry of deeds as No. 564 in Plan Book 408.

SECTION 8. In consideration for the conveyance to the town of Franklin, said town of Franklin shall convey to the commonwealth, a permanent easement insomuch of said Panther way shown as parcels 1, 2 and 4 on said plan as may be necessary in the judgment of the commissioner after consultation with the department of environmental management for the purpose of access and egress by the commonwealth and the general public to and from other land of the commonwealth located adjacent to said Panther way.

SECTION 9. The town of Franklin shall assume sole responsibility for maintenance, repair and upkeep of those portions of Panther way owned by said town or conveyed to said town as hereby authorized, and no responsibility shall remain with or be assumed by the commonwealth.

Approved August 10, 1998.