Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately authorize and direct the division of capital planning and operations to convey a certain parcel of land in the town of Framingham, 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 division of capital planning and operations is hereby authorized and directed to acquire all right, title, and interest by eminent domain, or to acquire by purchase or otherwise, the following parcel of land, by deed, if applicable, approved as to form by the attorney general, and the town of Framingham, by its board of selectmen, is hereby authorized and directed to convey said parcel of land to the commonwealth. Said land is bounded and described as follows:-

Beginning at a point on the easterly side line of Western Avenue at the Framingham-Sherborn town line; thence northerly along a curve to the right having a radius of 1751.76', a length of 121.48' along the easterly side line of Western Avenue to a point; thence

N-08-37'-00" E 1614.09' along the easterly side line of Western Avenue to a stone bound; thence

S-81-23'-00" E 1467.06' by land of the commonwealth to a point in the center of Course Brook; thence

S-42-38'-00" W 1358.99' by land of the commonwealth and along the center of Course Brook to a point; thence

S-07-04'-00" W 299.70' by land of the commonwealth and along the center of Course Brook to a point on the Framingham-Sherborn town line; thence

S-75-05'-16" W 775.14' by land of the commonwealth and along the Framingham-Sherborn town line to the point of beginning.

Said land contains 35.5467 acres, more or less, and is shown on a plan entitled "Plan of Land in Framingham, Mass. owned by the Commonwealth of Massachusetts, scale 1" = 80', dated February 20, 1980, survey, by MacCarthy and Sullivan Engineering, Joseph R. Sullivan, Registered Land Surveyor". Consideration for said conveyance shall be the conveyance of land from the commonwealth to the town of Framingham as set forth in sections two and three of this act.

SECTION 2. The division of capital planning and operations is hereby authorized and directed to convey to the town of Framingham, by deed approved as to form by the attorney general, a certain parcel of land situated on Western Avenue in said town containing six acres, more or less for no consideration, said land is bounded on the west by Western Avenue, to the north by land set forth in section one, to a point along Course Brook, to the east by land owned by the commonwealth to be conveyed to the said town under the provisions of section three and to the south by the Framingham-Sherborn town line.

Said land shall be used as a site for a central public works facility and garage; provided, however, that any plans for said facility and garage, shall be submitted to the said division to be placed on file, and; provided further, that a copy of such plan shall be sent to the joint committee on state administration of the general court, also to be kept on file. In the event that said land is not used for the aforementioned purpose, or that such plans are not submitted to said division or not submitted to the joint committee on state administration for filing within five years of the effective date of this act, or that the land ceases to be used for the aforementioned purpose at anytime, it shall revert to the commonwealth without consideration.

SECTION 3. The division of capital planning and operations is hereby authorized and directed to convey to the town of Framingham by deed, approved as to form by the attorney general, a certain parcel containing twenty-nine acres, more or less, situated on Merchant Road in said town of Framingham.

Said land is bounded on the west by land conveyed to the town under the provisions of section two, to the north along Course Brook and land set forth in section one and by land owned by the commonwealth and formerly used by the Massachusetts Correctional Institution, Framingham, to the east by Merchant Road, and to the south east by the property line of the Hodder Cottage including the land consisting of three acres, more or less, owned by the commonwealth, and to the south by the Framingham-Sherborn town line.

Consideration for said conveyance shall be that the town of Framingham hereby agrees to abandon that portion of road located within said town, commonly known as Western Avenue between Loring Drive and Merchant Road which currently bisects lands now under the control of the Massachusetts Correctional Institution, Framingham to enable said institution to consolidate its property. The area to be abandoned by the said town contains fifty-two thousand two hundred and fifty-eight square feet, more or less. The said town of Framingham shall continue to maintain said road, including, but not limited to, snow plowing and resurfacing when necessary, repair the water system, sanitary sewer system and other repairs to the abandoned road as become necessary at no cost to said institution or the commonwealth.

Said parcel of land together with the parcel set forth in section two shall be used as a central public works facility and garage for said town; provided, however, that any plans for said facility and garage, and any alterations or additions thereto, shall be submitted to said division for its written approval; and, provided further, that a copy of such plans, alterations or additions thereto, together with the written approval of said division, shall be sent by both the town and said division to the clerk of the house of representatives who shall forward copies to the joint committee on state administration of the general court to be kept on file. In the event that said land is not used for the aforementioned purpose, or that such plans are not approved by said division in writing, or submitted to said clerk for filing within five years of the effective date of this act, or that the land ceases to be used for the aforementioned purpose at anytime, it shall revert to the commonwealth without consideration.

SECTION 4. The division of capital planning and operations is hereby authorized and directed to execute and deliver in the name and on behalf of the commonwealth, one or more instruments to lease any or all portions of state-owned land, as described herein, to General Motors Corporation, or to Anchor Motor Freight, or to General Motors Corporation and Anchor Motor Freight for motor vehicle manufacturing purposes, or for the parking or storage of motor vehicles thereon. The original lease or leases of any such state-owned land to General Motors Corporation, or to Anchor Motor Freight, or to General Motors Corporation and Anchor Motor Freight shall be for not less than fair market value for comparable rentals. Said original lease or leases shall be for a period not to exceed twenty-five years. Said division may renew such lease or leases for such land, which shall be subject to approval by the general court for an additional period of ten years; provided, however, that all additional renewals or leases shall also require approval by the general court. In the event that General Motors Corporation, or Anchor Motor Freight, or General Motors Corporation and Anchor Motor Freight is not utilizing said land or portions of said land for motor vehicle manufacturing or for the parking or storage of motor vehicles thereon within two years from the effective date of this act, any such lease or leases of such land or portions thereof shall thereupon be null and void.

In the event that General Motors Corporation does not commence construction in the town of Framingham of a new motor vehicle assembly paint plant within three years from the date of passage of this act, any lease or leases of such land or portions thereof shall thereupon be null and void.

The land to be leased herein is bounded on the west by Western Avenue, to the north by land owned by the commonwealth and used for correctional purposes in the town of Framingham, to the east by Merchant Road, to the south by a line along Course Brook and along land conveyed to the town of Framingham by section two to Western Avenue, and containing thirty-seven acres, more or less.

Said division shall provide the clerk of the house of representatives who shall forward copies to the joint committee on state administration of the general court and the inspector general of the commonwealth, a copy of said lease or leases at least twenty business days prior to the execution thereof by said division. The inspector general shall review and comment within fifteen business days of the receipt of such lease or leases by the said inspector general. A copy of said review and comment, and any recommendations thereon by the inspector general, shall thereupon be forwarded to said clerk. Said lease or leases, when executed by the deputy commissioner, shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with the provisions of this act. The deputy commissioner from time to time is hereby authorized to execute and deliver, in the name and on behalf of the commonwealth, a notice of such lease or leases for recording and any and all other agreements and instruments related to the lease or leases authorized hereby which the division may determine appropriate from time to time. Any such notice of lease, lease instrument, or instruments, when executed by the deputy commissioner shall be deemed conclusively authorized hereby; provided, however, that all provisions therein are consistent with this act.

No sub-lease of such land or any portion thereof shall be executed without the prior approval of the general court.

No privately owned, occupied, or financed building of any kind may be erected upon said land without the written approval of the division, and a written notification to the clerk of the house of representatives who shall forward copies to the joint committee on state administration. Plans for any such building shall be submitted to said division for approval prior to any construction thereon. In like manner any alteration, addition, destruction or demolition thereof shall also require the prior written approval of said division, and a written notification to said clerk. Copies of any and all such plans, together with all such written approvals by said division, shall be sent by said division to said clerk to be kept on file.

The owner of any such building, other than the commonwealth should it take possession thereof, shall be assessed and taxed in accordance with the provisions of section two B of chapter fifty-nine of the General Laws, except that no part of the value of the land shall be included in any such assessment. No tax assessed to the owner under section two B of said chapter fifty-nine shall be retained out of any rent due the commonwealth or recovered under section twelve C of said chapter fifty-nine.

The annual rental payment to the commonwealth for the lease or leases authorized by this act shall be increased each year after the third year by the annual percentage increase of the Boston consumer price index as prepared by the United States Department of Labor; provided, however, that said rental payment shall not be reduced from year four or, below the preceding year's annual rent paid to or due to the commonwealth for any year in which said consumer price index should go below the index for the year preceding; and, provided further, that said rental shall be in accordance with the terms of said lease or leases and of the provisions of this act, and said rental payment shall not be subordinated to any leasehold mortgage of the lessee or lessees.

The lease or leases shall provide that the commonwealth may repossess the leased premises together with any buildings erected thereon if payment of the rent or any other sum is not timely paid, or if the lessee otherwise defaults and that notwithstanding such default, the lessee will continue to owe the rent and any other sums due the commonwealth under the provisions of said lease or leases. The lessee shall carry, in an amount approved in writing by the deputy commissioner of the division, comprehensive general liability insurance protecting the lessee and the commonwealth against personal injuries and property damage occurring on said leased premises or within any structure or building erected thereupon, and such fire and extended risk insurance, as said deputy commissioner deems appropriate.

No lease or leases, other than that provided for by the first and second paragraphs, nor any sale, transfer, conveyance, or any other disposition of such land, and buildings, if any, may be made without the prior approval of the general court; provided, however, that any such lease or leases, other than that provided for by said first and second paragraphs, sale, transfer, conveyance, or any other disposition of said land, and buildings if any, shall be carried out in accordance with the provisions of sections forty A to forty L, inclusive, except for section forty F? of chapter seven of the General Laws and any other restrictions or requirements as the general court may deem necessary.

The provisions of the first, second, sixth, and ninth paragraphs of subsection (a) of section forty F? of said chapter seven, the first sentence of the seventh paragraph of said subsection (a), and subsection (b) of said section forty F?, shall apply to all leases authorized by this section. For purposes of any lease authorized by this act, the declaration required by the ninth paragraph of said subsection (a) of said section forty F? shall apply only to those provisions of said section forty F? as set forth in this section.

SECTION 5. The division of capital planning and operations is hereby authorized and directed to enter into and deliver in the name of and on behalf of the commonwealth in one or more instruments for a temporary lease or leases for any or all land described in section one or any other land owned by the commonwealth at the Massachusetts Correctional Institution, Framingham in the town of Framingham which said division may deem necessary for use by General Motors Corporation, or Anchor Motor Freight, or General Motors Corporation and Anchor Motor Freight for motor vehicles manufactured at the General Motors Corporation assembly plant in the town of Framingham, equipment and materials necessary for the construction of the new paint facility, motor vehicles of employees of General Motors Corporation and Anchor Motor Freight and Corporations or other firms working on the construction of said new paint plant.

Consideration for said temporary lease or leases shall be for fair market value for comparable rentals.

Said temporary lease or leases shall not exceed six months; provided, however, that said division may renew said lease or leases for an additional three month period, and any additional renewals shall require the prior approval of the general court; provided, however, that the clerk of the house of representatives who shall forward copies to the joint committee on state administration shall be sent a copy of all such leases at least fourteen working days in advance of the execution of any such leases, or any renewal thereof.

SECTION 6. The division of capital planning and operations, is hereby authorized, to lease to the town of Framingham for the sole purpose of establishing a municipal snow dumping facility, a ten acre parcel of surplus state-owned land, in the town of Framingham, for a period of twenty-five years, and upon such terms as may be mutually agreed upon by said division and said town in a form approved by the attorney general. Said lease may be renewed, at the option of the lessee, for an additional term of up to twenty-five years upon such terms as may be mutually agreed upon by the parties; provided, however, that at the end of said extended period said lease may be renewed upon such additional terms as may be agreed by the aforementioned parties, which shall be subject to general court approval. Said land shall be contained in or adjacent to land bounded and described as follows:-

Beginning at a point four hundred eighty (480.00) feet more or less, northerly and following the curve of Merchant Street extended northerly of a point marking the intersection of the northerly side of Prospect Street and the Framingham-Sherborn town;

thence northerly along the easterly line of said Merchant Street a distance of five hundred forty (540.00) feet more or less, to a point in said easterly line of Merchant Street;

thence in a generally easterly direction, a distance of approximately four hundred fifteen (415.00) feet more or less, to a point;

thence in a southeasterly direction, a distance of approximately four hundred fifteen (415.00) feet more or less, to a point;

thence in a generally southerly direction, a distance of approximately four hundred (400.00) feet more or less, to a point in the Framingham-Sherborn town line;

thence in a generally southwesterly direction along the Framingham-Sherborn town line a distance of approximately three hundred ten (310.00) feet more or less, to a point in said town line;

thence in a semi-circular line in a northwesterly direction so as to complete the parcel to the place of beginning.

Said parcel shall include no more or less than a total of ten acres enclosed; provided, however, that said division shall determine a more precise description of the land after conducting a survey within sixty days of the effective date of this act, and the lease from the commonwealth to the town of Framingham shall be amended to reflect such more precise description.

The initial lease entered into between the division and the town of Framingham pursuant to this section shall provide that the commonwealth shall offer to the town another parcel of land, of equivalent size, at a location mutually agreed upon by the parties before taking any action to re-acquire the leased parcel.

Plans for said snow dumping facility, and any alterations or additions thereto, shall be submitted to said division for its written approval; provided, however, that a copy of such plans and alterations and additions thereto, together with written approval of said division, shall be sent by both the town and said division to the clerk of the house of representatives who shall forward copies to the joint committee on state administration of the general court to be kept on file. In the event that said land is not used for the aforementioned purpose, or that such plans are not approved by the division in writing, or submitted to said clerk for filing within five years of the effective date of this act, or that the land ceases to be used for the aforementioned purpose at anytime, it shall revert to the commonwealth for no further consideration.

SECTION 7. Nothing contained in this act shall reduce the amount of land available for use by the Massachusetts National Lancers suitable for grazing purposes under the provisions of current agreements between the commonwealth and said Massachusetts National Lancers. SECTION 8. On or before April first, nineteen hundred and eighty-six, and on or before each April first of each year thereafter, the division of capital planning and operations shall file a report, including but not limited to, detailing the physical condition of the land referred to in sections four and six, the operation of the lease or leases authorized by said sections four and six, the amount of revenue produced by such lease or leases, the amount of taxes paid to the town of Framingham, if any, on any building or buildings owned or occupied by private entities as provided by said section four, and any other information as he may deem pertinent and necessary. A copy of said report shall be filed with the inspector general, the state auditor, the state comptroller, the commissioner of revenue, the clerk of the house of representatives who shall forward copies to the joint committee on state administration and the house and senate committees on ways and means and the governor.

SECTION 9. The division of capital planning and operations shall be the authorized agency of the commonwealth to carry out the provisions of this act.