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  • Acts
  • 2008
  • Chapter 20 AN ACT AUTHORIZING THE TRANSFER OF THE FORMER FISHER HILL RESERVOIR IN THE TOWN OF BROOKLINE.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the conveyance of certain land in the town of Brookline, 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. Notwithstanding sections 40F to 40J of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey a certain parcel of state owned land in the town of Brookline to the town of Brookline; provided, however, that any deed conveying the parcel shall contain the restriction required pursuant to section 2. The parcel, known as the former Fisher Hill Reservoir, is located on the southwest side of Fisher avenue in the town of Brookline and the exact boundaries of the parcel shall be established prior to such conveyance by a survey commissioned by the commissioner. The consideration for said conveyance shall be the full and fair market value of the parcel as determined by the commissioner pursuant to an independent professional appraisal.

SECTION 2. The parcel described in section 1 shall be conveyed subject to a conservation restriction with the benefit of section 32 of chapter 184 of the General Laws limiting the use of the parcel to open space or active or passive recreation purposes; provided, however, that notwithstanding said restriction, the town of Brookline may use a certain portion of the parcel, not to exceed 12,000 square feet in area, for a municipal storage facility. If at any time the property ceases to be used for the purposes described in this section, the commissioner of capital asset management and maintenance shall give written notice to the town of the unauthorized use. The town shall, upon receipt of the notice, have 30 days to respond and a reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel is not thereafter established, the title to the parcel, upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, shall revert to the commonwealth and any further disposition of the property shall be subject to Article XCVII of the Massachusetts Constitution and chapter 7 of the General Laws.

SECTION 2A. As a condition of the conveyance authorized in section 1, the town of Brookline shall transfer a 12,000 square foot parcel of land under the care, custody, management and control of the board of selectmen and dedicated for general municipal purposes to the conservation commission and shall dedicate such parcel for conservation or park purposes. If no suitable parcel can be transferred to the conservation commission, the town shall acquire a parcel of land or a conservation restriction upon private or public land as defined in section 31 of chapter 184 of the General Laws. Such land shall be dedicated or restricted to conservation purposes and shall be under the jurisdiction of the conservation commission. The parcel dedicated pursuant to this section shall be of equal or greater size and value for conservation or park purposes when compared to the 12,000 square foot portion of the parcel described in section 1.

SECTION 3. The inspector general shall review and approve the appraisal conducted pursuant to section 1. The review shall include an examination of the methodology utilized for the appraisal. Within 30 days of receiving the appraisal, the inspector general shall prepare a report of his review and file the report with the commissioner of capital asset management and maintenance. Within 15 days of receiving the inspector general’s report and not later than 15 days before the execution of any agreement or other document relating to the conveyance, the commissioner shall submit it to the house and senate committees on ways and means and the joint committee on bonding, capital expenditures and state assets.

SECTION 4. The town of Brookline shall be responsible for all costs and expenses, including, but not limited to, costs associated with any engineering, surveys, appraisals, and deed preparation related to the transfers and conveyances authorized in this act as such costs may be determined by the commissioner of capital asset management and maintenance. Upon conveyance of the parcel, the town shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.

Approved February 6 , 2008