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  • Acts
  • 2012
  • Chapter 215 AN ACT RELATIVE TO CERTAIN CONSERVATION RESTRICTIONS IN THE TOWN OF CANTON.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the disposition of certain real property interests, 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 any general or special law to the contrary, the town of Canton may sell, release or otherwise dispose of a portion of the conservation restriction limiting the total developed area on property located at the intersection of route 138 and Blue Hill River road in the town of Canton, known as Maresfield Farm, held by the town of Canton under a “Grant of Conservation Easement and Declaration of Restrictive Covenants” dated March 31, 1978 and recorded at the Norfolk county registry of deeds in book 5725, pages 382 to 387, inclusive; provided, that the total developed area of the campus, as defined in such deed shall not exceed 25 per cent of the total land area of the property; and provided, further that the additional 5 per cent of the campus authorized to be developed under this act shall be developed only for surface parking purposes. For the purpose of this section, “developed area” shall mean the area included within a continuous boundary line drawn to encircle all buildings, parking areas and paved roadways on the campus.

SECTION 2. Notwithstanding sections 40E to 40J, inclusive, 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, in consultation with the commissioner of conservation and recreation, may amend a perpetual grant of rights, and perpetual conservation restrictions established by orders of taking of the metropolitan district commission, under the care and control of the department of conservation and recreation, for conservation, agricultural and natural resource purposes to facilitate additional parking on the encumbered land presumed to be owned by Medical Information Technology, Inc., subject to any reasonable additional terms and conditions consistent with this act as the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation may determine. The perpetual grant of rights is recorded in the Norfolk county registry of deeds in book 6420, page 144; and, the perpetual conservation restrictions were established by 2 separate orders of taking that are recorded in the Norfolk county registry of deeds in book 6427 at page 318 and page 324. The amended grant of rights and conservation restrictions shall be subject to the approval of the commissioner of conservation and recreation and shall ensure, at a minimum, (i) the continued protection of the conservation interests of the encumbered property, (ii) no increased development on the encumbered property other than additional parking for vehicles and (iii) a permanent, appropriate vegetative and treed buffer to screen the property from route 128.

SECTION 3. There shall be an independent appraisal of the instruments described in section 2, relative to the instruments as proposed for amendment, to determine the fair market value and the value in use as proposed in regard to the value of the property. Consideration for the amendment of the instruments shall be the fair market value, or the value in use, whichever is greater, in the increased appraised value of the underlying property, as determined by the commissioner of capital asset management and maintenance, to be paid by the owner of the land. The owner of the land shall assume all costs associated with engineering, surveys, appraisals, instrument preparation and other expenses considered necessary by the commissioner of capital asset management and maintenance to execute the amended instruments authorized by section 2. All consideration paid to the commonwealth as a result of sections 2 to 5, inclusive, shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws. As a condition of any amendment of the orders of taking, the owner of the property shall agree that no award of damages shall be due under chapter 79 of the General Laws; provided further, that the owner of the property shall execute a release and shall secure a release from any other person holding a legal or equitable interest in the property, in a form acceptable to the commissioner of capital asset management and maintenance, releasing the commonwealth and its employees from any claims, demands, interest or costs arising from or in consequence of the amended orders of taking under said chapter 79.

SECTION 4. The commissioner of capital asset management and maintenance shall submit each appraisal and a report thereon to the inspector general for the inspector general’s review and comment. The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology used for the appraisal. The inspector general shall prepare a report of the review and file the report with the commissioner of capital asset management and maintenance. The commissioner of capital asset management and maintenance shall submit the appraisal, report and the inspector general’s review, approval and comments, if any, to the senate and house committees on ways and means and to the senate and house chairs of the joint committee on bonding, capital expenditures and state assets before the execution of the conveyances.

SECTION 5. To ensure a no-net-loss of lands protected for natural resource purposes, the property owner shall convey or cause to be conveyed to the commonwealth, or provide funding to department of conservation and recreation sufficient for such purposes, to acquire lands or interest in lands to be held by the department of conservation and recreation for conservation and recreation purposes. The land or interest in land, shall be of equal or greater resource value, as determined by the department of conservation and recreation, and shall be of greater or equal value than the increased appraised value of the underlying property. Any funds provided to the department of conservation and recreation under this section shall be deposited into in the Conservation Trust, established in section 1 of chapter 132A of the General Laws, to be expended to acquire lands or interests in land for conservation and recreation purposes.

Approved, August 6, 2012.