Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the disposition of certain surplus waterworks facilities, 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. Upon a declaration of the Massachusetts Water Resources Authority that all or a portion of certain lands and improvements thereon, known as the Chestnut Hill waterworks in the city of Boston, adjacent to the city of Newton and the town of Brookline, are surplus to the authority's needs for construction, maintenance and operation of a sewer or waterworks system, the commissioner of the division of capital asset management and maintenance shall, subject to any easements, restrictions, conditions and other limitations on use that currently exist or are contained in the authority's declaration, convey all interest in the lands and improvements thereon covered by the declaration and currently under the care, custody and control of the metropolitan district commission or the authority, by deed or by lease for a term deemed appropriate by the commissioner, to a developer or development team, committed to the protection of open space, the preservation of historic structures and the maintenance of appropriate public access and selected in accordance with section 40H of chapter 7 of the General Laws, for private development or public commercial or residential uses. All of the lands and improvements thereon of the Chestnut Hill waterworks subject to this act were taken or acquired and used for water supply purposes in accordance with chapter 488 of the acts of 1895 and chapter 372 of the acts of 1984 and are shown on a survey plan of land titled "Chestnut Hill Pumps Station, Chestnut Hill Surplus Property, Plan of Land and Easements Boston (Brighton), Massachusetts, Job Number J9960" prepared by the "Massachusetts Water Resources Authority Engineering and Construction Division" and on file with the authority. Prior to the declaration, the commissioner shall proceed, in accordance with section 40F> of chapter 7 of the General Laws and in consultation with the secretary of environmental affairs, the secretary of the commonwealth, the authority and the commission, with all necessary activities, including planning and bidding, associated with the anticipated disposition of the lands and improvements thereon, as described in this section.
SECTION 2. Prior to the execution of any lease or as part of any deed, described in section 1, the commissioner of the division of capital asset management and maintenance shall retain on behalf of the commonwealth and record in the registry of deeds or register in the land court, as applicable, and in perpetuity conservation and preservation restriction acceptable to the secretary of environmental affairs and the secretary of the commonwealth, on behalf of the Massachusetts historical commission, on that portion of the lands and improvements thereon as shown on a site plan titled "Chestnut Hill Waterworks Complex, Conservation and Preservation Restrictions", dated March 28, 2000, prepared by the "Engineering & Construction Department, Design Information Systems Center" of the authority and on file with the authority. The restriction shall be consistent with sections 31, 32 and 33 of chapter 184 of the General Laws, shall ensure appropriate public access, preservation of historic structures and conservation of open space, shall be evidenced by certificates of the secretary of environmental affairs and the secretary of the commonwealth and subject to any easements, restrictions, conditions and other limitations on use that currently exist or are contained in the authority's declaration.