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  • Acts
  • 1999
  • Chapter 100 AN ACT AUTHORIZING THE CHANGE OF CUSTODY AND USE OF CERTAIN LAND HELD BY THE CITY OF WORCESTER.

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 city of Worcester may change the custody and use of land owned by the city near the southeasterly boundary of Green Hill Park such that: (a) an area of not more than five acres of the 487 acres of land held by the city for park purposes and known as Green Hill Park, and located between Skyline drive and a tract of land consisting of approximately 30.8 acres now under the custody of the city manager and held for general purposes, the land having previously been the location of the former city nursing home known as Belmont Home, referred to in this act as Belmont Home land, together with land sufficient for vehicular access from Skyline drive to the Belmont Home land, shall be placed under the custody of the superintendent of public schools of Worcester for use as the site of a new vocational high school. The new vocational school to be sited pursuant to this act may be named the Dr. James L. Garvey Worcester Vocational Technical High School; (b) an area of not less than six acres of land located between Skyline drive, Belmont street and Mary Scano drive and held by the superintendent of schools for school purposes, referred to in this act as Vocational School land, shall be placed under the custody of the parks, recreation and cemetery commissioner of the city as an addition to Green Hill Park for park and recreation purposes; and (c) an area of not less than 15 acres on the easterly side of the Belmont Home land shall be placed under the custody of the parks, recreation and cemetery commissioner of said city as an addition to Green Hill Park for park and recreation purposes.

SECTION 2. The actions authorized by this act shall be contingent upon the following: (a) an area of approximately 9.62 acres of land currently owned by the commonwealth and under the care, custody and control of the commissioner of mental health identified as Lot 5 on a plan entitled, "Plan of Land in Worcester, Massachusetts (Worcester County) Scale 1" = 100', April 7, 1999", by the BSC Group, Inc., said parcel beginning at a concrete bound with drill hole found the southeasterly corner of said parcel, same point being at the northeasterly corner of Lot 2 as shown on said plan; thence, turning and running in part by a stone wall, N49<=57'37"W, 755.22 feet to a drill hole; thence, turning and running in part by a stone wall, N60<=22'44"E, 107.68 feet to a point; thence turning and running N36<=16'07"E, 713.72 feet to a point; thence, turning and running S33<=12'41"E, 458.11 feet to a point; thence, turning and running S14<=27'28"W, 755.05 feet to the point of beginning, being made the subject of a conservation restriction which the commissioner of the division of capital asset management and maintenance may impose on the land, after consultation with the department of mental health, in order to preserve the land in its present, natural, scenic and open condition, protect and promote the existing foot trails that connect the land to Green Hill Park, promote and enhance the educational and recreational opportunities for individuals served by the department of mental health and obligate the city of Worcester to undertake all maintenance and upkeep actions associated with the conservation restriction which shall preserve the land in its present, natural, scenic and open conditions. The consideration to be paid to the commonwealth by the city of Worcester for the imposition of the conservation restriction shall be full and fair market value of such restriction as determined by an independent appraisal. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology used for said appraisal. The inspector general shall prepare a report of his review and file the report with the commissioner for submission to the house and senate committees on ways and means and chairmen of the joint committee on state administration. The consideration to be paid to the commonwealth by the city of Worcester for the imposition of the conservation restriction may be, at the discretion of the commissioner, the city's written agreement to make the athletic and recreational facilities on and around the site of the proposed vocational high school available without charge to the clients of the department of mental health at such times and on such terms as are mutually agreed upon by the city and the department, provided that if the commissioner determines that the consideration should be such agreement, the commissioner shall provide a written disclosure in the central register, detailing the reasons for such determination. The consideration for said parcels shall take into account the obligations placed on the city required by this section and the benefits of the project to the surrounding communities. In the event that the city ceases to comply with the agreement or the restriction contained in paragraph (b) the restriction contained in this paragraph shall revert to the care and control of the division of capital asset management and maintenance and any further disposition of the restriction shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws; and (b) an area of approximately 4.6 acres of land owned by the city of Worcester and containing a portion of Coal Mine Brook near Lake Avenue North in said city being made the subject of a conservation restriction which shall preserve the land in its present, natural, scenic and open condition. The conservation restrictions required by this section shall be made in accordance with sections 31 and 32 of chapter 184of the General Laws and be held jointly by the Greater Worcester Land Trust, Inc., and the conservation commission and the parks, recreation and cemetery commission of the city.

SECTION 3. The city of Worcester shall prepare and record in the Worcester district registry of deeds a plan of land describing the precise boundaries of the parcels as altered under authority of this act. The plan shall identify the parcels of land placed under conservation restrictions as a result of this act. The city shall pay all costs associated with the transactions authorized by this act, including without limitation, the cost of surveys, appraisals, documentation, recording and other costs.

SECTION 4. The commissioner of the division of capital asset management and maintenance shall 30 days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. Said commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen on the joint committee on state administration at least 15 days prior to execution.

SECTION 5. This act shall take effect upon its passage.

Approved October 8, 1999.