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Session Law

2011

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Chapter 156 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO GRANT AN EASEMENT OVER AN ACCESS ROAD IN UPTON STATE FOREST.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to grant forthwith an easement over an access road in Upton State Forest in the town of Upton to the owner of a wireless telecommunications tower, 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 40E to 40J, inclusive, of chapter 7 of the General Laws, the commissioner of capital asset management and maintenance, on behalf of and in consultation with the commissioner of conservation and recreation, may grant an easement along an access road in the Upton State Forest, currently under the care and control of the department of conservation and recreation to Industrial Tower and Wireless, LLC of 40 Lone street in the town of Marshfield, and its tenants, licensees, successors and assigns. The easement granted to Industrial Tower and Wireless, LLC and its tenants, licensees, successors and assigns shall follow the gravel road from Warren street to the proposed building site for a wireless telecommunications tower on land bordering the state forest and shall be for the purpose of accessing the tower and supplying utility service transmissions systems, including electrical and telephone lines, underground to the tower for Industrial Tower and Wireless, LLC and its tenants, licensees, successors and assigns. The easement area contains approximately 23,412 square feet of land and is within the layout of the existing gravel roadway as shown on a plan entitled “Proposed Communications Facility Off Warren St. Upton, MA Map 15 Lot 30” prepared by Industrial Communications Engineering Division and dated February 22, 2010. The exact boundaries of the easement shall be determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, after completion of a survey. The value of the easement shall be determined by the commissioner of capital asset management and maintenance pursuant to 1 or more independent professional appraisals. The easement shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2. In consideration for and as a condition of the grant of the easement authorized in section 1, Industrial Tower and Wireless, LLC and its tenants, licensees, successors and assigns shall construct and maintain 2 single leaf gate replacements in Upton State Forest, the locations of which shall be determined by the department of conservation and recreation; and provide 2 to 3 new radio systems to the department for the benefit of and use by staff members at the Upton State Forest; provided, however, that if the value of this consideration is determined to be less than the value of the easement granted, Industrial Tower and Wireless, LLC shall pay the difference and that amount shall be paid into the Conservation Trust of the department.

SECTION 3. Notwithstanding any general or special law to the contrary, the Industrial Tower and Wireless, LLC and its tenants, licensees, successors and assigns shall be responsible for all costs and expenses, including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation, and preconstruction, construction and postconstruction costs to mitigate and remedy erosion and grading issues on the access road and the cost of annual maintenance of the road, related to the grant authorized under this act as such costs may be determined by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation.

SECTION 4. Notwithstanding any general or special law to the contrary, the inspector general shall review and approve the appraisals required pursuant to section 1. The inspector general shall prepare a report of his review of the methodology utilized for any such appraisal and shall file the report with the commissioner of capital asset management and maintenance, the senate and house committees on ways and means and the joint committee on bonding, capital expenditures and state assets. The commissioner of capital asset management and maintenance shall, 30 days before the execution of any grant of easement authorized by this act, or any subsequent amendment thereto, submit the proposed grant of easement or amendment and a report thereon to the inspector general for review and comment. The inspector general shall issue such review and comment within 15 days after receipt of the proposed grant of easement or amendment. The commissioner of capital asset management and maintenance shall submit the proposed grant of easement or amendment, and the reports and the comments of the inspector general, if any, to the senate and house committees on ways and means and the joint committee on bonding, capital expenditures and state assets at least 15 days before the execution of the grant of easement or amendment.

SECTION 5. The deed of easement or any other agreement pertaining to the easement shall include a provision restricting the use of the property by the grantee and its tenants, licensees, successors and assigns solely for the purposes of access to the wireless communications tower and to supply utility service transmission systems, including electrical and telephone lines, to the tower as determined by the commissioner of capital asset management and maintenance and providing that such easement shall terminate if the property ceases to be so used or is used for any other purpose.

Approved, November 3, 2011.


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