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Session Law

2008

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Chapter 269 AN ACT PROVIDING FOR THE DISPOSITION OF CERTAIN PROPERTY AT MEDFIELD STATE HOSPITAL.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the disposition of certain property at Medfield state hospital, 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 second paragraph of section 1 of chapter 180 of the acts of 2002 is hereby amended by striking out clause (b) and inserting in place thereof the following clause:—

(b) Those certain parcels of land described as Parcels A, B and C in a certain order of taking recorded in the Norfolk county registry of deeds in Book 4567, Pages 628 and 629;.

SECTION 2. Section 340 of chapter 149 of the acts of 2004 is hereby repealed.

SECTION 3. As used in sections 3 to 11, inclusive, the following words shall, unless the context clearly indicates otherwise, have the following meanings:

“Area median income”, the median income adjusted for family size as determined by HUD for the Boston MSA.
“Campus”, the parcels of state-owned land in the town of Medfield consisting of portions of the former Medfield state hospital, and the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto, including parcels A, A-1, A-2, B, C, D, E, F, G and H, as shown on the plan, as hereinafter defined.
“Client housing plan”, the description of the relative location and mix of the 1 and 2-bedroom units which the developer of the disposition parcel shall provide and set aside for clients whose annual income does not exceed 80 per cent of the area median income in accordance with subsection (d) of section 8.
“Clients”, clients of the department of mental health.
“Commissioner”, the commissioner of the division of capital asset management and maintenance.
“Developer”, any person, entity, or governmental body that acquires an ownership or leasehold interest in the disposition parcel, as hereinafter defined, or a portion thereof pursuant to this act.
“Disposition parcel”, parcels A, B and G as shown on the plan, containing approximately 134 acres in the aggregate, and the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto.
“Division”, the division of capital asset management and maintenance.
“MOA”, the memorandum of agreement to be executed between the town of Medfield and the division of capital asset management and maintenance.
“Permitted housing units”, the total number of housing units to be constructed on the disposition parcel consistent with the reuse plan.
“Plan”, the plan entitled “Compiled Subdivision Plan, Medfield State Hospital, Medfield, Massachusetts, prepared for Division of Capital Asset Management dated June 14, 2005, prepared by Judith Nitsch Engineering, Inc.” on file with the division.
“Reuse plan”, the Medfield state hospital reuse plan prepared by the division and approved by the Medfield board of selectmen on November 15, 2005, as the same may be amended from time to time by the division in accordance with this act and with the consent of the Medfield board of selectmen.
“Survey”, a survey of the campus undertaken by the commissioner in accordance with the plan and pursuant to section 4.
“Town”, the town of Medfield acting by and through its board of selectmen.

SECTION 4. The commissioner may prepare a survey and may undertake such additional planning and studies and the preparation of plans and specifications and, after receiving the consent of the board of selectmen of the town of Medfield, may amend the reuse plan as the commissioner considers necessary. The survey shall define the boundaries of the campus, of the parcels referred to in this act and the disposition parcel, substantially as set forth on the plan, but, the boundaries of the parcels referred to in this act shall be determined by the commissioner.

SECTION 5. After the completion of the transactions authorized in section 8, the commissioner may transfer care and custody of parcels A-1, A-2 and C as shown on the plan and subject to easements as the commissioner may elect, to the department of conservation and recreation for open space and passive recreational purposes. The transfer shall be without consideration and shall not be subject to chapter 7 of the General Laws.

SECTION 6. After the completion of the transactions authorized in section 8, the commissioner may transfer care and custody of parcel D as shown on the plan to the executive office of public safety for use as a firing range and open space. The transfer shall be without consideration and shall not be subject to chapter 7 of the General Laws.

SECTION 7. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary and after the completion of the transactions authorized in section 8, the commissioner may, transfer to the town of Medfield, for nominal consideration, all of the commonwealth’s right, title and interest in the water tower located on parcel A as shown on the plan and in the parcel of land on which the water tower is located as shown on the plan and to grant to the town of Medfield rights of way or easements for access, egress, and utilities across parcel A as the commissioner considers reasonable and necessary for the use of the water tower by the town of Medfield. It shall be a condition of the transfer and grant that the town shall operate, maintain, repair and replace said water tower and its appurtenant facilities for the purpose of providing water in the town. A deed conveying the parcel of land to the town of Medfield shall contain a provision that if the parcel ceases to be used for the purpose set forth in this section, then upon notification to the owner by the commonwealth and recording of that notification with the appropriate registry of deeds or registry district of the land court, title to the parcel shall revert to the commonwealth.

SECTION 8. (a) Notwithstanding sections 40E to 40I, inclusive of chapter 7 of the General Laws, or any other general or special law to the contrary, the commissioner may sell, lease for a term or terms of up to 99 years, including all renewals and extensions, or otherwise grant, convey, or transfer to one or more developers an interest in the disposition parcel, or portions thereof, and any buildings, improvements and facilities thereon, subject to this act and the reuse plan and on the terms and conditions as the commissioner considers appropriate; but, no portion of the disposition parcel may be used for an incinerator, landfill, or other means of permanent disposal of solid or hazardous waste, house of correction, jail or prison.
(b) Before conveyance or lease, the commissioner shall, in consultation with the department of agricultural resources and with the department of conservation and recreation, delineate 1 or more areas of parcel B to be protected by agricultural preservation restrictions or conservation restrictions, and shall determine the terms and conditions of those restrictions. Without limiting the foregoing, the restrictions shall limit the use of parcel B to agricultural open space, recreational and ancillary uses on conditions as agreed upon by the commissioner and the department of conservation and recreation and the department of agricultural resources. The commissioner shall incorporate the restrictions in a deed conveying all or a portion of parcel B to be so protected. In connection with any sale of all or a portion of parcel B by the commonwealth in accordance with this section, the commissioner shall require that the purchaser, immediately after it acquires title, shall convey to the town of Medfield, for nominal consideration, parcel B or the portion of parcel B as may be conveyed to the purchaser. In connection with any lease of all or a portion of parcel B by the commonwealth in accordance with this section, the commissioner shall require that the lessee shall immediately lease to the town of Medfield, for nominal consideration, parcel B or the portion of parcel B as may be leased to the lessee. Upon the conveyance or lease to the town of Medfield, the town shall be responsible for the use and maintenance of parcel B or the portion thereof so conveyed or leased to the town for agricultural open space, recreational and ancillary uses.
(c) The commissioner shall dispose of the disposition parcel, or portions thereof, utilizing appropriate competitive processes and procedures. The selection of a qualified developer for the disposition parcel or any portion thereof shall be made primarily based on the selected developer’s plan to meet the requirements for providing affordable housing for clients, as set forth in subsection (d) of this section, the financial feasibility of the proposed development, the developer’s experience with projects of this size and complexity, conformity with this act and in compliance with the reuse plan and the MOA, and other factors as the commissioner considers appropriate. The commissioner and the commissioner of mental health, after consultation with the department of housing and community development and the town, shall jointly select the client housing plan submitted by bidders that best meets the requirements of this act, taking into account the criteria for selection of a qualified developer pursuant to this subsection. In order to ensure that substantial benefit is derived for clients of the department of mental health from the transfer of the disposition parcel pursuant to this act, the commissioner shall provide the commissioner of the department of mental health and the undersecretary of housing and community development with an opportunity to review and comment on any request for proposals, to review proposals received and to make recommendations concerning the designation of 1 or more developers. The commissioner shall also provide the town with an opportunity to review and comment on a request for proposals, to review proposals received and to make recommendations concerning the designation of 1 or more developers. The designated developer shall be required to implement the approved client housing plan.
Upon the expiration of a lease entered into under this act, the commissioner shall have the authority to dispose of the disposition parcel or portions thereof so leased in accordance with this act, but notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary.
(d) The developer of the disposition parcel shall provide and set aside units of rental housing for clients whose annual income does not exceed 80 per cent of the area median income in accordance with the following: (1) the number of set-aside units shall equal 10 per cent of the number of permitted housing units, but in no event shall less than 44 set-aside units be provided; (2) 24 of the set-aside units shall be constructed on the disposition parcel; (3) the balance of the set-aside units, but not less than 20, shall be located elsewhere in the department of mental health’s metro suburban area; (4) the set-aside units shall include a mix of 1 and 2-bedroom units; and (5) each of the units shall be set aside for clients for as long as the disposition parcel is used for housing, but not less than 30 years. The department of mental health shall determine, arrange and provide appropriate support services for clients residing in the units. The developer and the department of mental health, the Massachusetts housing finance agency, and the department of housing and community development, or any successor thereto, shall be required to use all reasonable efforts before and after transfer of the disposition parcel to secure housing subsidies for clients whose annual income may be as low as 15 per cent of the area median income, and shall enter into a memorandum of understanding before and conditional to the transfer of the disposition parcel to the developer outlining their respective responsibilities, commitments, and obligations respecting securing the subsidies from both state and federal sources; provided, however, that any agreement by the department of mental health or the department of housing and community development to provide subsidies shall be subject to appropriation, and provided, further, that nothing herein shall be considered to require that the department of mental health and the department of housing and community development secure subsidies through their collective efforts for more than 44 rental housing units. The selected developer shall not be required to fund the subsidies required to allow the clients to afford said units.
(e) The developer of the disposition parcel or of a portion thereof, shall provide pedestrian and horse trails over the disposition parcel that will link parcel A-1 and parcel A-2.
(f) The developer of the disposition parcel or of any portion thereof shall provide for the use by the general public of all public recreation facilities now existing or hereafter created on the disposition parcel.
(g) The developer shall preserve, maintain and protect the existing cemetery located on parcel E as shown on the plan.
(h) At least 30 days before the date on which bids, proposals, or other offers to purchase or lease the disposition parcel, or any portion thereof, are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive process and other information deemed relevant, including the time, place and manner for the submission of bids, proposals and the opening thereof.

SECTION 9. The commissioner may retain or grant rights of way or easements for access, egress, utilities and drainage across the disposition parcel and across other commonwealth property, other than property under the care and control of the department of conservation and recreation as of the effective date of this act, contiguous to the disposition parcel, and the commonwealth may accept from a developer rights of way or easements in roadways or across the disposition parcel to be conveyed by deed or leased pursuant to this act for the purposes of access, egress, drainage and utilities as the commissioner considers necessary and appropriate to carry out the purposes of the reuse plan and this act.

SECTION 10. The grantee or lessee shall be responsible for all costs including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the transfer, as shall be considered necessary by the commissioner.

SECTION 11. This act shall be construed to be supplemental and additional to, and not in derogation of, powers conferred upon the commissioner and others by law; provided, however, that insofar as other laws are inconsistent with this act, this act shall be controlling.

Approved August 6, 2008


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