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Session Law

2012

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Chapter 212 AN ACT AUTHORIZING THE DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE TO CONVEY CERTAIN PARCELS OF LAND IN THE TOWN OF SHREWSBURY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to convey forthwith certain parcels of land in the town of Shrewsbury, 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, in consultation with the secretary of health and human services and the commissioner of mental health, may lease or enter into other agreements for a term not to exceed 25 years 2 portions of a parcel of land located on Lake street and adjacent to the Irving A. Glavin Regional Center of Shrewsbury, to the town of Shrewsbury for consideration of $1 per year. The parcel was conveyed to the commonwealth by deed dated April 30, 1890 and recorded in the Worcester district registry of deeds in book 1324, page 244. The portions to be conveyed are shown as “Rural AA” on a draft plan entitled “Glavin Rezoning Proposal” dated January 12, 2011 and prepared by the town of Shrewsbury engineering department. The division shall lease the first portion, located on the westerly side of Lake street containing approximately 15 acres and currently leased to the town of Shrewsbury for soccer playing fields, to be designated for recreational use. The division shall lease the second portion, currently designated as agricultural land, located on the easterly side of Lake street and containing approximately 54 acres to the town of Shrewsbury to be designated for agricultural and recreational use. The portions of the parcel are more particularly shown on a plan entitled “Lake St.-Glavin Center Proposed Zoning Districts” dated February 28, 2011 prepared by the town engineering department. The exact size and boundaries of the land to be leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the secretary of health and human services, the commissioner of mental health and the town of Shrewsbury, after completion of a survey.

SECTION 2. The leases authorized in section 1 shall be on such terms and conditions as the commissioner of capital asset management and maintenance deems appropriate.

SECTION 3. The town of Shrewsbury shall compensate the commonwealth in the sum of $1 per year for the term of each lease; provided, however, that the town and its successors and assigns shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys and leases or other agreements.

SECTION 4. The commissioner of capital asset management and maintenance, in consultation with the secretary of health and human services and the commissioner of mental health shall, 30 days before the execution of the leases, other agreements authorized by this act or any subsequent amendment thereto, submit the proposed leases, other agreements or amendments and a report thereon to the inspector general for the inspector general’s review and comment. The inspector general shall issue a review and comment within 30 days of receipt of the proposed leases, other agreements or amendments. The commissioner of capital asset management and maintenance, in consultation with the secretary of health and human services and the commissioner of mental health, shall submit the proposed leases, other agreements or amendments and the reports and comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 30 days before execution of said leases.

SECTION 5. Notwithstanding any other general or special law to the contrary, if the portions of the parcel described in section 1 shall cease to be used at any time for the public purposes described in this act, or used for any purpose other than the public purposes stated in this act, the commissioner of capital asset management and maintenance shall give written notice to the lessee of the unauthorized use. The lessee 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 either of the 2 portions of the parcel is not thereafter established, the lease shall terminate.

Approved, August 6, 2012.


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