Whereas, The deferred operation of this act would tend to defeat its purpose, which is to promote forthwith the preservation and adaptive reuse of an important state-owned historic resource, 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 32 to 38, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary and pursuant to such additional terms and conditions as the commissioner of capital asset management and maintenance may prescribe, the division of capital asset management and maintenance in consultation with the department of conservation and recreation may lease a portion of a parcel of land and the Speedway Administration Building and convey part of the same parcel by deed or lease the same to the Architectural Heritage Foundation, Inc., a Massachusetts non-profit corporation, or its nominee in which it maintains an interest. The Architectural Heritage Foundation, Inc. was selected through an open and public process by the department of conservation and recreation in accordance with the historic curatorship program established in section 44 of chapter 85 of the acts of 1994. The parcel is presently under the care, custody and control of the department and held for conservation and recreation purposes.
SECTION 2. The parcel referenced in section 1 consists of 2 lots of lands. The first lot of land fronts Soldiers Field road, contains approximately 8,515 square feet of land and is shown on the city of Boston assessors’ maps as Parcel No. 2200577001. The second lot of land contains approximately 38,155 square feet and is a portion of the land shown on the city of Boston assessors’ maps as Parcel No. 2200577000, with said portion being bounded by Western avenue, the above-referenced Parcel No. 2200577001, the land shown on the city of Boston assessors’ maps as Parcel No. 2200576000 and Soldiers Field road. Notwithstanding any other general or special law to the contrary, the exact location and boundaries of the areas to be leased or conveyed and the subdivision of the parcel and lots shall be determined by the commissioner of capital asset management and maintenance in consultation with the department of conservation and recreation.
SECTION 3. The division of capital asset management and maintenance shall proceed in accordance with the proposal of the Architectural Heritage Foundation, Inc., as approved by the department of conservation and recreation following the open process conducted by the department under the historic curatorship program established in section 44 of chapter 85 of the acts of 1994. The proposal generally includes preservation of the historically significant portions of the Speedway Administration Building in accordance with the Secretary of the Interior’s Standards for Historic Rehabilitation, demolition of minor non-significant building additions, adaptive reuse for residential housing, non-profit organization offices, artist studio or commercial or retail space and the construction of a new multi-story building on the portion of the parcel authorized for conveyance by deed. Notwithstanding any other general or special law to the contrary, the new improvements shall be approved by the department consistent with the proposal and shall not be subject to dimensional, height and setback requirements of local zoning ordinances or zoning regulations; provided, however, that no new building shall exceed 35 feet in height for the façade of any portion of the building bordering Western avenue and shall not exceed 75 feet in building height as measured from Western avenue. The Architectural Heritage Foundation, Inc. shall apply for permits from the city for the construction and occupancy of the new building if the area is conveyed by the commonwealth and the new building shall be otherwise subject to local zoning and other ordinances and regulations, including 5 per cent over the inclusionary development policy of the city of Boston and the Boston Redevelopment Authority for affordable units. The division and the department shall consult with the authority on the design review of any new buildings to be constructed on the parcel. The division may retain a conservation or preservation restriction over any area conveyed by deed to be held by the department for the benefit of the remaining portion of the parcel. The division may grant or retain any easements as necessary to effectuate the purposes of this section. The lease of the Speedway Administration Building, once executed, shall be administered by the department as part of its historic curatorship program. Any deed, lease or other agreement shall ensure, in the discretion of the division and the department, that rents, unit or other sale proceeds or other revenues generated from the area to be conveyed by deed are sufficiently accounted for and dedicated to ensure the continuing proper management, maintenance and capital repair of the Speedway Administration Building and its grounds throughout the term of the lease as set forth in the Architectural Heritage Foundation, Inc. proposal. During the term of the lease, the land to be conveyed by deed shall be limited to residential use or the uses identified and accepted by the department within the proposal of the Architectural Heritage Foundation, Inc. and shall not be sold, transferred or conveyed to a private college or university or its agent. The lessee under the lease shall install and maintain a sign on the parcel, at or near the corner of Western avenue and Soldiers Field road, stating “Welcome to Allston-Brighton” and shall provide for and maintain appropriate landscaping subject to the approval and design standards of the department. The lessee shall provide a minimum of 300 square feet of office space to a non-profit in the Allston or Brighton sections of the city of Boston for a fee of $1 per calendar year within the restored Speedway Administration Building. The lessee shall contract with a bicycle sharing partner to provide rental biking opportunities on the Speedway Administration Building parcel for a period of 10 years. Thereafter, for the remainder of the lease, the lessee shall contract or otherwise provide a service with a recreational purpose on said parcel.
SECTION 4. To ensure a no-net-loss of lands protected for natural resource purposes, the consideration for the lease and conveyance authorized in section 1 shall be the full and fair market value of the parcel as determined by the division of capital asset management and maintenance based upon an independent professional appraisal; provided, however, that the division shall credit the value of any improvements to the Speedway Administration Building and maintenance and management services provided by the Architectural Heritage Foundation, Inc. under the lease towards the consideration. The appraisal required by this section shall be subject to the review and approval of the inspector general and such review shall include an examination of the methodology utilized for the appraisal. Within 30 days after receiving an appraisal, the inspector general shall prepare a report of the review and shall file the report with the division for submission to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight. The division shall submit copies of the appraisals and the inspector general’s review and approval and comments, if any, to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight at least 15 days prior to the execution of documents effecting the transfers described in section 1. All consideration not fulfilled by the value of the improvements and maintenance and management of the Speedway Administration Building shall be deposited in the Division of State Parks and Recreation Trust Fund established in section 34 of chapter 92 of the General Laws.
SECTION 5. Architectural Heritage Foundation, Inc. shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals, deed preparation related to the conveyance authorized in this act, as those costs may be determined by the division of capital asset management and maintenance.
Approved, August 8, 2014.