Skip to Content
The 192nd General Court of the Commonwealth of Massachusetts


Whereas , The deferred operation of this act would tend to defeat its purpose, which is forthwith to provide for the conveyance of certain property to the city of Boston, 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 capital asset management and maintenance may, subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to lease for a term or terms of up to 99 years in accordance with the provisions of this act, all or portions of certain property located on South Bay avenue in the city of Boston, containing 123,432 square feet, more or less, on which the former Boston municipal incinerator was located, together with any and all rights-of-way and easements appurtenant thereto and subject to any and all rights-of-way and easements deemed necessary by said commissioner for the benefit of the commonwealth. Said property is shown on a plan, entitled "South Bay Incinerator - South Bay Ave. in Boston Massachusetts (Suffolk County) Activity and Use Plan" dated January 21, 2002 and prepared for CDM, Camp Dresser & McKee Inc., One Cambridge Place, 50 Hampshire Street, Cambridge, MA, 02139 and prepared by BSC Group, 384 Washington Street, Norwell, MA 02061 by Everett J. Chandler, Professional Land Surveyor and retained as File: 597101 - Auldwg, Drawing No. 4437.02. Said property shall be shown on a survey conducted on behalf of the division of capital asset management and maintenance. The lease shall enumerate allowable uses of the property which uses shall be determined during the selection process. The lease shall further provide that deviation from the allowable uses may result in termination of the lease and reversion of the property to commonwealth control.

SECTION 2. In the selection process for determining the recipient of the property described in section 1, the commissioner of the division of capital asset management and maintenance shall recommend potential developers to propose light industrial/manufacturing commercial uses consistent with existing zoning for the area. In addition, the commissioner shall recommend proposers to provide at least 1 new job for each 500 square feet of built space, jobs that pay at the rate of twice the minimum wage of the commonwealth, and that 80 per cent of the employees of the new user be residents of the city of Boston. The commissioner shall recommend that developers ensure that public transportation be utilized to the greatest extent possible to transport future employees and others to and from the property and that use of private vehicles requiring off-site parking facilities or on-street parking be minimized or avoided.

SECTION 3. Consideration for the property described in section 1 shall be the full and fair market value of the property for its highest and best use as determined by an independent appraisal and consistent with this act. Said property shall be disposed of in its existing condition without warranty by the commonwealth. The recipient of the property described in section 1 shall assume the costs in full of any appraisals, surveys, title examinations, site assessments, recording fees and other expenses deemed necessary by the commissioner of the division of capital asset management and maintenance to effect the disposition of the property authorized by this act.

SECTION 4. Prior to any disposition authorized by this act, the inspector general shall review and approve the appraisal that determines fair market value, and said review shall include an examination of the methodology utilized for said appraisal. Within 30 days of his receipt of said appraisal, said inspector general shall prepare a report of his review and file said report with the commissioner of the division of capital asset management and maintenance for submission to the house and senate committees on ways and means.

Approved August 10, 2002.