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The 190th General Court of the Commonwealth of Massachusetts


Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith accessible, affordable and high quality nursing home care and mixed-income assisted living, for the residents of Cambridge and surrounding communities, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. As used in this act, the following words, unless the context clearly requires otherwise, have the following meanings:-

"Assisted living facility", a facility which provides room and board and provides, directly by employees or through arrangements with another organization, assistance with activities of daily living for elderly residents.

"City", the city of Cambridge.

"City manager", the city manager for the city of Cambridge.

"Commission", the Cambridge public health commission.

"Corporation", Neville Communities, Inc., a not-for-profit corporation incorporated under chapter 180 of the General Laws and selected after public solicitation by the commission as the owner and operator of the project, which corporation's board of directors consists or will consist upon substantial completion of the project of representatives of the following agencies: Cambridge Housing Authority, city of Cambridge, Cambridge public health commission and the city of Cambridge affordable housing trust fund board.

The board of directors shall consist of five members with Cambridge Housing Authority having two representatives, the city of Cambridge having one representative, the Cambridge public health commission having one representative, and the affordable housing trust fund board with one representative who shall be appointed by the city manager. The corporation will at all times be controlled by a public entity or entities. The corporation includes any entity controlled by the corporation or any successor entity to the corporation and engaged in the activities in furtherance of the purposes contemplated by this act.

"Nursing home", a facility currently or prospectively defined as such by the department of public health or any successor agency, pursuant to chapter 111 of the General Laws.

"Project", the redevelopment of the Mayor Michael J. Neville Manor Nursing Home, located on the project site, adjacent structures and the project site upon which they are situated into a new nursing home or mixed-income assisted living facility, and the operation thereof.

"Project site", the real property transferred by the Cambridge city council on January 31, 1928 from the Cambridge water board to the Cambridge board of public welfare. The parcel of land is shown upon a plan entitled "Home for the Aged and Infirm of the City of Cambridge", drawn by Charles R. Greco, being Plot Plan Number 1 and on file in the office of the city engineer of the city of Cambridge.

SECTION 2. The provisions of sections 20 to 23, inclusive, of chapter 40B of the General Laws relative to comprehensive permits, including zoning relief to the zoning board of appeals of the city shall apply to the development of the project with the exception of any required water board approval.

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, the following uses shall be permitted on the project site: nursing home, assisted living facility, local water board and other municipal uses related to the care and maintenance of Fresh Pond and all uses specifically related thereto.

SECTION 4. The total square footage of building footprint for all buildings on the project site shall not exceed 51,034 square feet, and the total usable floor area in said buildings shall not exceed 150,000 square feet. Upon final design of the project all specific portions of the project site not required for the project shall be identified by metes and bounds and the corporation, the commission and the city shall take all necessary steps to return full control and ownership of said portion to the city, and the city shall take all necessary steps to dedicate said portions for water supply purposes and return them to the care and supervision of the Cambridge water board.

SECTION 5. The corporation shall be subject to the provisions that apply to the commission pursuant to section 12 of chapter 147 of the acts of 1996.

SECTION 6. The provisions of services to the corporation, or actions taken on behalf of the corporation, or actions in relation to transactions between the corporation and other public entities represented on the board of directors of the corporation, by any individual otherwise subject to chapter 268A of the General Laws, shall not be deemed to violate the provisions of sections 19 and 20 of said chapter 268A.

SECTION 7. Any lease of land to the project by the city shall contain a provision that the percentage of low and moderate income units proposed for the project in tax credit applications shall not be reduced at any time.

Approved July 29, 1999.