Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to create a regional economic facility area in the form of a joint public and private development of Greylock Glen, 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. As used in this act, the following words shall, unless the context clearly otherwise requires, have the following meanings:-

"Abutting reservation land", that area of land in Berkshire county shown on a plan of land on file at the department's office, entitled "Land to be used in Connection with the Operation of the Greylock Glen Recreational Facilities", bounded and described as follows:

Beginning at a point marking the southwesterly corner of the herein described premises,

thence, running N 08< 30' 00" E a distance of 1028.28 feet to a point;

thence, running N 10< 12' 05" E a distance of 1547.01 feet to a point;

thence, running 5 84< 57' 07" E a distance of 150.17 feet to a granite bound;

thence, running 5 84< 57' 07" E a distance of 321.07' to a point;

thence, running 5 06< 13' 23" E a distance of 102.59 feet to a point;

thence, running N 83< 46' 38" E a distance of 655.38 feet to a point;

thence, running 5 04< 01' 38" W a distance of 609.18 feet to a point;

thence, running N 86< 31' 38" E a distance of 675.18 feet to a point;

thence, running 5 04< 56' 25" W a distance of 1124.40 feet to a point;

thence, running 5 05< 10' 14" W a distance of 682.36 feet to a point;

thence, running 5 82< 39' 42" W along a stone wall to a point;

thence, running 5 84< 32' 20" W a distance of 1444.49 feet to a point;

thence, running 5 86< 19' 45" W a distance of 468.79 feet to the point of beginning. Containing approximately ninety-nine acres of the Mount Greylock state reservation.

"Board", board of environmental management.

"Commissioner", the commissioner of environmental management.

"Department", the department of environmental management.

"Division", the division of capital planning and operations.

"Land", that area of land in Berkshire county known as Greylock Glen, as shown on a plan of land on file at the department's office, entitled "Land to be Acquired in Connection with the Development of Greylock Glen", bounded and described as follows:

FIRST PARCEL:

Beginning at a stone on the east line of land of the Commonwealth of Massachusetts, Mt. Greylock State Reservation, at the Northwest corner of land of Adams Fire District as described by deed in Book 354, Page 49, Parcel 1;

Thence, running Northerly along said Commonwealth to the Southwest corner of land of Margery L. Gould;

Thence, running Easterly along said Gould to the Southeast corner of said Gould,

Thence, running Northerly along said Gould and crossing Gould Road 1836.8 feet, more or less, to the Southwest corner of land of Berkshire Electric Company;

Thence, running Easterly along Berkshire Electric Company 50 feet, more or less, to a point;

Thence, running Northerly along Berkshire Electric Company 75 feet, more or less, to a point;

Thence, running Westerly along Berkshire Electric Company 50 feet, more or less, to a point in the East line of land of said Margery L. Gould;

Thence, running Northerly along said Gould 925.4 feet, more or less, to the Northeast corner of said Gould;

Thence, running Westerly along said Gould 3495 feet, more or less, to the Northwest corner of said Gould, said point being on the East line of land of said Commonwealth;

Thence, running Northerly along said Commonwealth to a stone bound at the Southwest corner of other land of the Commonwealth of Massachusetts as described by deed in Book 239, Page 116, Parcel I;

Thence, running Easterly along said Commonwealth to a point in the centerline of a brook, said point being at the Northwest corner of other land of said Commonwealth as described by deed in Book 239, Page 116, Parcel III;

Thence, running Southeasterly and Easterly along the centerline of said brook and land of said Commonwealth to a point in the centerline of said brook at the Southeast corner of said Commonwealth as described in said Book 239, Page 116, Parcel III;

Thence, running Northerly along said Commonwealth to a point;

Thence, running Easterly along said Commonwealth to a stone bound at the Southeast corner of land as described in Book 239, Page 116, Parcel II;

Thence, continuing Easterly along land of said Commonwealth as described in Book 414, Page 286 and 287, being the Fourth Parcel hereinafter described, to a point at Northwest corner of land of James E. Peterson;

Thence, running Southerly along said Peterson and along land of one Ruth Wiesner 3270.2 feet, more or less, to an iron pin at the Southwest corner of said Ruth Wiesner;

Thence, running Westerly along the North line of land of Edmond E. and Henry J. Jaeschke 520.1 feet, more or less to a point at the Northwest corner of said Jaeschke;

Thence, running Southerly along said Jaeschke 506 feet, more or less, to a point;

Thence, running Southwesterly along said Jaeschke 311.8 feet, more or less, to a point;

Thence, running Southerly along said Jaeschke 803.2 feet, more or less, to a point at the Northeast corner of land of Peter Meltzer, Sr. and Albert Cavkchi;

Thence, running Westerly along said Meltzer and Cavkchi 210 feet, more or less, to a point;

Thence, running Southerly along said Meltzer and Cavkchi 210 feet, more or less, to a point;

Thence, running Easterly along said Meltzer and Cavkchi 210 feet, more or less to a stone bound in the west line of land of Mary L. Arnold;

Thence, running Southerly along land of said Mary L. Arnold 322.95 feet, more or less, to a point;

Thence, running Westerly along said Mary L. Arnold and along the North line of West Mountain Road to a point;

Thence, running Southerly and crossing said West Mountain Road to a point at the Northwest corner of one Wojieck;

Thence, running Southerly along said Wojieck, land of one Zipperling and land of one Meiklejohn 956.6 feet, more or less, to a point in the centerline of a brook at land of one Sturtevant;

Thence, running Southwesterly along the centerline of said brook and along land of said Sturtevant and land of one Kirutiak 2550 feet, more or less, to a point at the Northwest corner of said Kirutiak;

Thence, running Southerly to the Southwest corner of said Kirutiak;

Thence, running Easterly along said Kirutiak to a stone bound in the Southerly line of said Kirutiak;

Thence, running Easterly along said Kirutiak to a stone bound in the Southerly line of said Kirutiak;

Thence, running Southerly along land of Adams Fire District 1048.56 feet, more or less, to a stone bound;

Thence, running Westerly along said Adams Fire District 1267.52 feet, more or less, to a point;

Thence, running Southerly along said Adams Fire District 627.65 feet, more or less, to a stone bound;

Thence, running Westerly along said Adams Fire District and crossing West Mountain Road 2103.74 feet, more or less, to a stone bound;

Thence, running Southerly along said Adams Fire District 1096.56 feet, more or less, to a stone bound;

Thence, running Westerly along said Adams Fire District 298.41 feet, more or less, to the point and place of beginning.

The above described property is subject to the following easements, rights of way and public ways:

1. Public ways: West Mountain Road; Gould Road; Thiel Road; and any public ways as may exist and however they may be described and bounded.

2. Easements:

New England Power Company for electric transmission lines and appurtenances.

New England Telephone and Telegraph Company for communications lines and appurtenances.

Northeastern Gas Transmission Company for gas pipelines and appurtenances.

Adams Gas Light Company, Commonwealth of Massachusetts, Margery L. Gould.

3. Various rights-of-way for crossing and recrossing the above described premises for access to adjoining lands;

For spring rights benefitting adjacent properties.

The above described property has the benefit of various rights-of-way for ingress and egress to the property over land of others.

The above described premises is subject to any other easements and rights-of-way as may exist.

Meaning and intending to describe that land of Community Savings Bank as referred to by deeds in Book 697, Page 848, Book 697, Page 877, and Book 697, Page 908. Excepting that land referred to in Book 697, Page 848, Parcel 4, being the third parcel hereinafter described. Also excepted from the above described premises is that land of Thomas & Paulette Morin as referred to in Book 617, Page 142.

SECOND PARCEL:

Beginning at a point which marks the intersection of the Southerly sideline of Fisk Road, so-called, and the easterly sideline of West Road, so-called;

Thence, running Easterly along the Southerly sideline of Fisk Road, so-called, to a point at the Northeasterly corner of the parcel herein described, the same being at the Northwesterly corner of Lot Number 2 as shown on a plan recorded in Plan Book 240B, Page 192 of the Northern Berkshire Registry of Deeds;

Thence, running Southerly along said Lot 2 and Lots 2A, 4 and 6, 348.26 feet, more or less, to a point located at the Southwesterly corner of Lot 6;

Thence, continuing in a Southerly direction along Lots 8 and 10 as shown on a plan recorded in Plan Book 240C, Page 187 of the Northern Berkshire Registry of Deeds, 150 feet, more or less, to a point at the Southwesterly corner of Lot 10;

Thence, running Easterly along the Southerly side of said Lot 10, 120 feet, more or less, to a point on the westerly sideline of Bieniek Avenue, so-called;

Thence, running Southerly along the Westerly sideline of Bieniek Avenue 75 feet, more or less, to a point;

Thence, running Westerly along Lot 14 as shown on a plan recorded in Plan Book 240D, Page 19 of the Northern Berkshire Registry of Deeds, 120 feet, more or less to a point;

Thence, running Southerly along Lots 14, 16 and 18, 240 feet, more or less, to a point;

Thence, running in a Southerly direction along Lots 20, 22 and 24 as shown on a plan recorded in Plan Book 240G, Page 102 of the Northern Berkshire Registry of Deeds, 230 feet, more or less to a point at the Southwest corner of said Lot 24;

Thence, running in an Easterly direction along the Southerly side of said Lot 24 and along the Southerly terminus of Bienick Avenue, 170 feet, more or less, to a point;

Thence, running Northerly along the Easterly sideline of Bieniek Avenue 17.88 feet, more or less to a point;

Thence, running Easterly along the Southerly side of Lot 23 as shown on a plan recorded in Plan Book 240G, Page 102 of the Northern Berkshire Registry of Deeds, 122.75 feet, more or less, to a point at land of Walter and Blanche Cunningham;

Thence, running Southerly along land of said Cunningham to a stone monument at land of Richard S. McConnell;

Thence, running Westerly along said McConnell 719 feet, more or less, to a point;

Thence, running Southerly along said McConnell 142.6 feet, more or less, to a point at land of Charles J. Horn and others;

Thence, running Westerly along land of said Horn and others to the Easterly sideline of West Road, so-called;

Thence, running Northerly along the Easterly sideline of West Road to a point and place of beginning.

Excepting from the above described premises the following parcels recorded in the Northern Berkshire Registry of Deeds;

Book 465, Page 276

Book 479, Page 287

Book 604, Page 131

Book 628, Page 194

Plan Book 240D, Page 53

Subject to a right-of-way recorded in Book 604, Page 131 of the Northern Berkshire Registry of Deeds.

Subject to water and spring rights as may exist.

The above described premises has a right-of-way over land now or formerly of one Sanderson as described in Book 604, Page 131 and shown on a plan recorded in Plan Book 240D, Page 53 of the Northern Berkshire Registry of Deeds.

Also see Book 697, Page 854 of the Northern Berkshire Registry of Deeds for further reference to exceptions and rights-of-way over the above described parcel.

The above described parcel is subject to any other eastments and rights-of-way that may exist.

THIRD PARCEL:

Beginning at a stone bound at the Southwest corner of the premises herein described, said stone bound being at the Southeast corner of land of the Commonwealth of Massachusetts as described by deed in Book 263, Page 291, known as the "Follett Lot";

Thence, running Northerly along said Commonwealth - "Follett Lot" to a point;

Thence, running Easterly along land of Arthur H. Thiel, as described by deed in Book 637, Page 3, Parcel 2, to a point;

Thence, running Southerly along said Thiel to a point in the North line of other land of said Thiel as described by deed in Book 637, Page 3, Parcel 1;

Thence, running Westerly along said Thiel and along land of the Commonwealth of Massachusetts to the point and place of beginning;

Meaning and intending to describe that land of Community Savings Bank as referred to by deed in Book 697, Page 848, Parcel 4.

The above described premises is subject to easements and rights-of-way as may exist.

FOURTH PARCEL:

Beginning at a stone bound at the Southwest corner of the premises herein described, said stone bound being at the Southeast corner of land of the Commonwealth of Massachusetts as described by deed in Book 239, Page 116, Parcel II;

Thence, running Northerly along said Commonwealth 2484.4 feet, more or less, to a stone bound on the South line of other land of said Commonwealth as described by deed in Book 263, Page 291 and known as the "Follett Lot";

Thence, running Easterly along said Commonwealth- "Follett Lot" 1424.1 feet, more or less, to a stone bound at the Southeast corner of said "Follett Lot";

Thence, continuing Easterly along land of Community Savings Bank as described in Book 697, Page 848, Parcel 4 to a point at the Northwest corner of land of Arthur H. Thiel, Jr. as described by deed in Book 637, Page 3, Parcel 1;

Thence, running Southerly along said Thiel 99 feet, more or less, to an iron pin;

Thence, running Easterly along said Thiel 655.38 feet, more or less, to an iron pin;

Thence, running Southerly along said Thiel 609.18 feet, more or less, to a point;

Thence, running Easterly along said Thiel 675.18 feet, more or less, to a point at the Northwest corner of land of Doris I. Hathaway;

Thence, running Southerly along said Hathaway 1808.4 feet, more or less, to a point at the Southwest corner of said Hathaway, said point being on the North line of land of James E. Peterson;

Thence, running Westerly along said Peterson and along land of Community Savings Bank as described in Book 697, Page 848, Parcel 3 to the point and place of beginning.

Meaning and intending to describe that land of the Commonwealth of Massachusetts as referred to by deed in Book 414, Pages 286 and 287.

The above described premises are subject to easements and rights-of-way as may exist.

"Lands", the land and the abutting reservation land.

"Master Planner", the person selected by the department who shall formulate the plan.

"Permanently alienate", to sell the fee simple, to lease for a term of more than ninety-nine years or otherwise to dispose of real estate without a reversionary right retained in the commonwealth.

"Plan", a master plan, as defined in section thirty-nine A of chapter seven of the General Laws, which plan shall outline the uses of the Lands as well as the facilities and improvements thereon.

"Purposes", those general recreational purposes to be established pursuant to the plan as well as the residential and commercial uses developed in connection therewith.

SECTION 2. The first sentence of the second paragraph of section one of chapter four hundred and forty-four of the acts of nineteen hundred and sixty-six is hereby repealed.

SECTION 3. The Mount Greylock state reservation benefits the commonwealth with unique scenic, natural and historic qualities. Said reservation shall be managed so as to preserve and protect those qualities. In particular, no downhill ski facilities, including without limitation any aerial tramway, ski lift or associated equipment, shall be constructed within the Mount Greylock state reservation.

SECTION 3A. In addition to and not in derogation of the protections provided in sections three A and three B, the unanimous consent of all members of the board shall be required for any of the following actions:

(1) any new disposition of any interest in, or any part of any interest in, the Mount Greylock state reservation, but not including renewals or extensions of existing leasehold interests;

(2) the construction of an aerial tramway, chair lift or associated downhill ski facilities within the Mt. Greylock State Reservation;

(3) major capital improvements within the Mt. Greylock State Reservation, as defined in regulations to be promulgated by the board of environmental management;

provided however, that the foregoing provisions of clauses (1) and (3) shall not apply to the lands.

SECTION 4. Chapter 21 of the General Laws is hereby amended by striking out sections 2 and 2A, as appearing in the 1984 Official Edition, and inserting in place thereof the following two sections:-

Section 2. The department shall be under the control of a board, which board shall consist of seven members appointed by the governor for terms of seven years. Upon the expiration of the terms of the current members of the board, all additional appointments by the governor, except those made to fill a vacancy in an unexpired term, shall be for terms of seven years.

The two new members of the board of environmental management provided for in this section shall be appointed to serve terms of six and seven years, respectively, but thereafter the appointments of the successors of such new members, except an appointment made to fill a vacancy in an unexpired term, shall be for seven years.

Section 2A. The members of the board of environmental management shall be selected with due regard to geographical distribution; provided, however, that except as hereinafter provided no more than one such member shall be appointed from the same county and one member of said board shall be a resident of Berkshire county.

The commissioner shall request each of the boards of trustees or directors of the Massachusetts Audubon Society, the Massachusetts Chapter of the Sierra Club, the Massachusetts Chapter of the Appalachian Mountain Club, and the Trustees of Reservations, to nominate three candidates for the seventh member of the board. From the nominations received from the several boards of such organizations, the commissioner shall select three candidates whom he shall recommend to the governor. The governor shall appoint the seventh member of the board from among the candidates recommended by the commissioner, which member shall be appointed without regard to the county membership restrictions outlined above.

SECTION 4A. Section 2B of said chapter 21, as amended by chapter 272 of the acts of 1985, is hereby further amended by adding the following two paragraphs:-

Prior to such removal, however, the chairperson of the board of environmental management shall certify the unexcused absence of said board member from three consecutive meetings by filing a certificate to that effect with the commissioner of the department of environmental management and the secretary of the commonwealth. Upon the filing of such certificates, such a member's position shall be deemed vacant and the governor shall appoint a successor thereto. In case of the resignation, removal or death of a board member, said member's successor shall be appointed to fill the remainder of the unexpired term subject to the same terms and conditions as said member, so-called.

The provisions concerning the absence of a board member from three consecutive meetings shall not apply to the absence of any current board members from meetings prior to the passage of such provisions.

SECTION 4B. Said chapter 21 is hereby further amended by inserting after section 2E the following section:-

Section 2F. The commissioner shall submit management plans to the board for such board's adoption with respect to the Mount Greylock state reservation and all other state reservations, parks, and forests under the management of the department. The management plans shall include guidelines for the operation and land stewardship of the aforementioned state reservations, parks, and forests. Within thirty days of the adoption of such management plan or plans, as amended from time to time, the commissioner shall file a copy of such plan or plans as adopted by the board with the state secretary.

SECTION 5. Except as expressly specified in this act, the provisions of sections thirty-eight A one-half to forty M, inclusive, of chapter seven of the General Laws shall not apply to the acquisition, control and disposition of real property pursuant to this act, and any buildings, structures, facilities and improvements to be constructed or altered on the lands shall not be capital facility projects as defined by section thirty-nine A of said chapter seven.

The commonwealth, through the division and in consultation with the commissioner, is hereby authorized to acquire the Land located in the town of Adams by purchase, eminent domain, pursuant to chapter seventy-nine of the General Laws, or otherwise, for general recreational purposes and for the development of those residential and commercial facilities and improvements thereon which the commissioner deems appropriate for the successful realization of said recreational purposes; provided, however, that, in exercising its authority to acquire the land hereunder, the division shall comply with the provisions of sections forty H and forty I of said chapter seven, and, provided, further, that the land shall be considered to possess unique qualities for purposes of section forty H of said chapter seven. Prior to acquiring the land, the commissioner shall obtain two appraisals of the land in accordance with section twelve of said chapter seventy-nine and shall file such appraisals with the department before acquiring the land.

In connection with the development, operation and implementation of the plan, there is hereby authorized a change in the use of the abutting reservation land from its current use as conservation and recreation land to those recreational, residential and commercial uses necessary or appropriate to implement the plan and the purposes of this act; provided, however, that the Mount Greylock state reservation shall remain open to the public and no user fee shall be paid to any private party involved in the operations of the land for the use of the Mount Greylock state reservation, except for the use of said abutting reservation land and for certain ski-touring trails to be operated on the Mount Greylock state reservation. In no event may the division permanently alienate the abutting reservation land.

The division, in consultation with the department, is further authorized to dispose of the lands, in whole or in part, pursuant to a sale or sales, long term lease or leases or otherwise, to one or more individuals, partnerships, corporations or joint ventures, as the department shall deem appropriate upon a finding by the commissioner that (a) the disposition will promote the realization of the purposes of this act; (b) the disposition implements the plan; (c) under the disposition documents, and as more fully set forth below, the department or the division will retain sufficient design review approval and such other means of design and use control authorized hereunder as will protect the unique scenic, natural and historic qualities of the adjacent Mount Greylock state reservation; provided, however, that the abutting reservation land may not be permanently alienated, and any disposition of the lands shall be on such terms and conditions determined by the commissioner to be in the best interests of the commonwealth; and provided, further, that any such disposition shall comply with the terms of section eight.

The execution of a quitclaim deed, lease, memorandum of lease or other instrument on behalf of the commonwealth by the division conveying an interest in the lands, or any part of any interest therein, shall be conclusive for all third parties and grantees of any such interests relying thereon in good faith as to the power and authority of the division to execute such instruments, except as to any instrument purporting to permanently alienate the abutting reservation land.

SECTION 6. The department shall produce a report on the proposed development of the lands, and shall file such report with the clerk of each branch of the General Court at least thirty days prior to the acquisition of any of the land. Such report shall contain a finding by the commissioner, which may be based upon reports from consultants or expressions of interest from prospective developers with appropriate financial resources, that the facilities and improvements anticipated to be financed by private investment may be reasonably expected to attract such investment.

Said report on the proposed development of the lands shall include a master plan, and information concerning (1) anticipated publicly paid capital and operating costs over the first five years of operation; (2) sources and application of revenues; (3) market study results indicating the probability of success of the project; (4) minimum private investment needed for success; (5) feasibility of obtaining the minimum required private investment; (6) public benefits to be realized from development of the project; (7) a copy of the plan of the abutting reservation land as defined in section two; and (8) a copy of the plan of the land as defined in section two.

The master planner shall formulate, and the commissioner shall approve, a plan for the development of the lands, which plan shall implement the purposes by outlining the proposed uses of the lands as well as the facilities and improvements thereon with sufficient specificity so as to serve as a basis for the solicitation of proposals by private parties for the development of the lands. The master planner may request the assistance of the director of programming under section forty-one B of chapter seven of the General Laws in the development of the plan and its constituent facilities and improvements.

The commissioner shall provide at least thirty days' notice of a hearing on reuse restrictions with respect to the lands, said hearing to be conducted pursuant to paragraphs six and seven of section forty F one-half of said chapter seven; provided, however, that there need be only one such hearing on reuse restrictions after the adoption of the plan.

The plan shall not permit any ski-lift equipment, including, without limitation, chair lifts and aerial tramways, to extend into the Mount Greylock state reservation.

SECTION 7. The department shall select a master planner for the project pursuant to the procedures outlined in sections thirty-eight A one-half to thirty-eight O, inclusive, of chapter seven of the General Laws, which master planner shall formulate the plan described in section six. The department shall control and supervise all aspects of the project which are not building projects as defined in section thirty-nine A of said chapter seven. Any public building projects on the lands shall be subject to section thirty-eight A one-half to thirty-eight O, inclusive, of said chapter seven.

SECTION 8. The division, in consultation with the commissioner, shall dispose of such portion or portions of the lands as he deems necessary or appropriate to implement the plan and the purposes hereof in accordance with the provisions of sections forty H, forty J and forty K of chapter seven of the General Laws. The division, in consultation with the commissioner, shall select such means of disposition, by sale, lease or otherwise, as he deems appropriate to implement the plan. The commissioner may negotiate with and select from among those persons submitting proposals so as to best implement the plan and the purposes of this act. No less than two weeks before first publishing notice under section forty H of said chapter seven of a request for proposals or bids for any disposition of the lands and any improvements thereon, the commissioner shall provide a draft of the request for proposals or bids to the deputy commissioner of capital planning and operations for his comments and recommendations.

All instruments of acquisition and disposition shall be transmitted to the division of capital planning and operations pursuant to section forty K of said chapter seven.

Compliance with section forty-nine A of chapter sixty-two C of the General Laws shall be required of all persons and entities acquiring any interest in the lands.

The design and construction of any public building project shall be subject to the control and supervision of the division; but the use, maintenance or alteration of the lands or any facility, structure or improvement on the lands by developers, lessees or other transferees shall be subject to the supervision and design review approval of the commissioner, and the commissioner is hereby authorized to enter into contracts for the use, maintenance and alteration of the lands or any facilities improvements thereon. Any development or construction contract, and all leases, sales or other disposition documents executed in connection with the implementation of the plan shall comply with the provisions hereof and, without limiting the generality of the foregoing, the division and the commissioner are hereby authorized to place restrictive covenants in instruments disposing of the lands, or providing for the use, maintenance or alteration of the lands or any facilities or improvements thereon, to ensure compliance with the plan and the terms of this act, and the division may retain such rights of reversion as it deems advisable in such instruments to protect against uses and structures in violation of the plan and the terms of this act; provided, however, that the department shall require a reasonable return from the developer or developers; and provided further, that the department shall deposit all revenues collected pursuant to the provisions of this section in the state recreation areas fund.

SECTION 9. To satisfy the expenditures necessary to carry forward the provisions of this act, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of eight million five hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face Greylock Glen Development Loan Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the General Court pursuant to section three of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten. Bonds and the interest thereon issued under authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.

The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purposes of meeting payments authorized by this act, and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such time and at such rate as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such term, not exceeding one year, as the governor may recommend to the General Court in accordance with section three of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-six. Notes and the interest thereon issued under the authority of this act notwithstanding any other provisions of this act shall be general obligations of the commonwealth.

The department is authorized to use the proceeds of the bonds and notes to be issued pursuant to this act and those funds previously appropriated to it for its general purposes for the acquisition and development of the lands and for associated costs including, without limitation, pilot operations programs, general planning, furnishings, equipment, and grants to the town of Adams, which grants shall not exceed forty-five thousand dollars, for land use planning studies in connection with the proposed development.

The department is further authorized to receive and accept any federal aid grants or private gifts or bequests to aid it in the development of the project.

Proceeds of the bonds and notes issued under the authority of this act and amounts appropriated to the use of the department may also be used for the acquisition, by purchase, eminent domain, pursuant to chapter seventy-nine of the General Laws, or otherwise, of the development rights in (a) the Gould Farm and (b) the Jaeschke Apple Orchard.

SECTION 10. Prior to the implementation of the plan and prior to the commencement of any construction or the execution of any disposition agreement conveying any of the department's interests in the Lands to third parties, the department shall prepare an environmental impact report subject to the approval of the secretary of environmental affairs, and the implementation of the plan shall comply with the terms and conditions of sections sixty-one to sixty-two H, inclusive, of chapter thirty of the General Laws and the regulations promulgated thereunder.