Print Print
  • Acts
  • 2002
  • Chapter 180 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO TRANSFER CERTAIN PARCELS OF LAND IN THE TOWN OF MEDFIELD.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain land to the town of Medfield, 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. The commissioner of the division of capital asset management and maintenance, in consultation with the department of mental health, may convey, notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws, certain parcels of land and easements located in the town of Medfield, currently under the care and control of the department of mental health, and more fully described below, to the town to be used for a well field and related water supply purposes, subject to such other terms and conditions as the commissioner considers appropriate and consistent with this act.

The parcels of land consist of:

(a) That certain parcel of land shown on a plan entitled, "plan of the so-called Hutson 17 Acre Lot, Medfield, Massachusetts M.D. Place, October 29, 1929," recorded in the Norfolk county registry of deeds in book 1891, page 319; and

(b) That certain parcel of land described as "Parcel A" in that certain order of taking recorded in said Norfolk county registry of deeds at book 4567, page 627; and

(c) That certain parcel of land located between lots 86 and 87 as shown on plan 980 of 1966 in Plan Book 221 recorded with said Norfolk county registry of deeds; and

(d) That certain right of way shown on a plan entitled "Right of Way for Water Pipe and Pole Lines conveyed to the Commonwealth of Massachusetts by Sybil Hutson, Medfield, Mass., December, 1929", together with all structures, easements and appurtenances located upon each of said parcels. These parcels were acquired by the department of mental health for water supply purposes and currently are used as open space only.

SECTION 2. The commissioner of the division of capital asset management and maintenance shall commission an appraisal or appraisals of the parcels described in section 1 to determine their full and fair market value. The conveyance shall not be made unless the town of Medfield assumes all costs associated with any appraisal, survey or other expense incurred by the commonwealth, as determined by the commissioner, relating to the conveyance of the parcels described in section 1. The inspector general shall review and approve the appraisal or appraisals, and his review shall include an examination of the methodology utilized for the appraisal or appraisals. The inspector general shall prepare a report of his review and approval of the appraisal or appraisals and file his report with the commissioner of capital asset management and maintenance, and copies of the report shall be filed with the house and senate committees on ways and means and with the chairs of the joint committee on state administration at least 15 days before the execution of the transfer agreement.

SECTION 3. Any agreement conveying the parcels described in section 1 shall require the town of Medfield to compensate the commonwealth for the full and fair market value, as determined under section 2, of all property conveyed to the town. The commissioner shall credit the town for costs borne by the town for rehabilitating the pump station and well field on the property. The commissioner shall also credit the town for the commercial value of any town water used by the Medfield state hospital up to 28,800,000 gallons per year and the commercial value of sewer service provided to the hospital by the town for 3 years after July 1 of the fiscal year following the execution of the agreement between the town and the division, until such time as the purchase price has been paid in full.

In addition, before the conveyance authorized by this act, the town shall enter into an agreement with the division of capital asset management and maintenance, in consultation with the department of mental health, to provide Medfield state hospital with up to 28,800,000 gallons of water free of charge per year in perpetuity and with sewer service at no cost for a period of 3 years, to begin on July 1 of the fiscal year following the execution of the agreement between the parties.

SECTION 4. The commissioner of mental health, in consultation with the division of capital asset management and maintenance, and subject to the approval of the department of environmental protection, may transfer any and all permits and registrations held by the department of mental health under chapter 21G of the General Laws to the town of Medfield. The town shall be responsible for preparation and filing with the department of environmental protection of a transfer application and any other documents or materials required by the department of environmental protection. The costs of this transfer, including, without limitation, costs for any preparation and filing of the transfer application, shall be shared equally by the department of mental health and the town.

SECTION 5. Any deed conveying the parcels described in section 1 shall reserve to the commonwealth the right of way to Harding Street, fully shown on a plan entitled, "Plan Showing Location Right of Way for Travel Conferred to the Commonwealth of Massachusetts by Sybil Hutson, Medfield, Mass., December, 1929."

SECTION 6. Any deed conveying the parcels described in section 1 to the town of Medfield shall provide that the use of the parcels shall be limited to the well field and related appurtenances for water supply purposes and such deed shall further provide that the parcels shall revert to the commonwealth without further consideration if they are not used for the purposes described in this act or if they cease at any time to be used for these purposes. Any further disposition of the land shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws and shall have the prior approval of the general court.

Approved July 29, 2002.