Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the disposition of certain property at the Foxborough state hospital, 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 indicates otherwise, have the following meanings:

"Auditorium", the Assembly Hall on Payson road.

"Commissioner", the commissioner of the division of capital planning and operations.

"Committee", the Foxborough State Land Planning Committee or its successor organization.

"Developer", a person, entity or governmental body that acquires an ownership or leasehold interest in the site, as hereinafter defined, or a portion thereof pursuant to this act.

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

"Excluded property", certain land, buildings and improvements located within the boundaries of the site, as hereinafter defined, and identified on the plan, as hereinafter defined, as (i) two cemeteries (ii) cottage B with an address of 66 Baker street; (iii) the cottage with an address of 55 North street and (iv) the cottage with an address of 32 Payson road, which land, buildings and improvements shall be shown on the survey, as hereinafter defined, but which are excluded from the disposition of the site, as hereinafter defined.

"Plan", the plan entitled "Reuse Consensus Plan for Foxborough State Hospital Property" dated April twentieth, nineteen hundred and ninety-four, prepared by the division and approved by the committee on said April twentieth, and endorsed by vote of the Foxborough board of selectmen on August eighth, nineteen hundred and ninety-five, on file with the division, which plan may be enhanced, refined or amended from time to time as provided herein.

"Practice field", a portion of the site containing the existing practice field area and the buildings and improvements associated therewith and all rights, easements and other interests appurtenant thereto.

"Site", the approximately one hundred and sixty acres of state-owned land in the town of Foxborough known as the former Foxborough State Hospital and the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto, including (i) parcels A, B, C, D, E, F, G, H and I, except that the practice field shall not be included in parcel E and all references to parcel E in this act shall be deemed to exclude the practice field, as described on a drawing prepared by the Bay Colony Group entitled "Drawing Prepared for Foxborough State Land Planning Committee" and dated April fifteenth, nineteen hundred and ninety-four; (ii) the excluded property; and (iii) the practice field, all of which shall be more precisely defined in the survey, as hereinafter defined.

"Survey", a survey of the site to be undertaken by the commissioner in accordance with the plan and pursuant to section three.

SECTION 2. The commissioner shall appoint a representative from the division to be a non-voting member of the committee who shall attend each of the meetings of said committee.

The committee shall be responsible for representing the interests of the town of Foxborough in all deliberations with the division concerning the implementation of the plan for the Foxborough State Hospital as expressed in the Memorandum of Agreement dated July thirty-first, nineteen hundred and ninety-five between the division, the Massachusetts historical commission and the town of Foxborough. Its responsibilities shall include, but not be limited to, reviewing, commenting and making recommendations on proposals to develop the state hospital property. It shall provide guidance and assistance to the division in developing criteria for determining the suitability of developers. The committee shall meet in open session at least six times each year, but may meet more frequently as necessary.

SECTION 3. The commissioner is hereby authorized and directed to undertake the survey and such additional planning and studies and the preparation of plans and specifications, and to enhance, refine and amend, with the approval of the committee, the plan as the commissioner deems necessary; provided, however, that no such amendment shall have the effect of making the uses, permitted densities and development guidelines outlined in the section of the plan entitled "Parcel by Parcel Plan" less restrictive than those described in the version of the plan dated April twentieth, nineteen hundred and ninety-four. The survey shall define the boundaries of the site, parcels A, B, C, D, E, F, G, H, and I, the excluded property, the auditorium and the practice field, all as the commissioner and the committee deem appropriate.

SECTION 4. The excluded property shall continue to be owned by the commonwealth and used and maintained by the department of mental retardation.

SECTION 5. The commissioner is hereby authorized and directed, notwithstanding the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, and except as otherwise provided herein, to convey by deed or deeds to the town of Foxborough, for consideration negotiated between said town and the commissioner, all or part of the commonwealth's interest in all or portions of the land and buildings located at Foxborough State Hospital, except for the excluded land, that comprise parcel E for open space, recreation and ancillary uses on conditions as agreed upon by the division and the town and the auditorium, on such terms and conditions as the commissioner deems appropriate to maintain its use in the same general manner as its current capacity. If the town of Foxborough does not take possession of said parcel E in accordance with the provisions of this section within three years from the effective date of this act, the commissioner is authorized to dispose of parcel E in accordance with the terms and conditions set forth in section seven. If parcel E is not used by the town of Foxborough for the purposes described herein, then, upon notice from the commissioner, the entire real estate interest in parcel E shall revert to the commonwealth, and the commissioner is authorized to dispose of parcel E in accordance with the provisions of section seven.

SECTION 6. The commissioner is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to sell or lease the practice field to a developer subject to the restriction that it be used as a practice field and related uses and for no other purpose. If the practice field is not used as a practice field and for such related uses, the ownership of the practice field shall revert to the commonwealth. Upon notice from the commissioner, the entire real estate interest in said field shall be offered at full and fair market value to the town of Foxborough pursuant to the provisions of section ten. If the town declines said offer, the commissioner is authorized to dispose of said field in accordance with the provisions of sections seven, eight and ten.

SECTION 7. The commissioner is hereby authorized and directed, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, and after consultation with the committee or except as otherwise provided herein, to convey by deed or deeds, or to lease for a period not to exceed ninety-nine years, including all renewals and extensions, all or part of the commonwealth's interest in all or portions of the land and buildings located at Foxborough State Hospital except for the excluded land, parcel E, and the auditorium, to a developer or developers, selected in accordance with the provisions of this act. Said land is shown on the plan, the precise configuration and area of which are to be described in a survey as provided for in section three of this act.

SECTION 8. The commissioner is hereby authorized, after consultation with the committee and subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, and in accordance with this act and the plan and subject to such terms and conditions as the commissioner may from time to time prescribe, to solicit, evaluate and select development proposals, to enter into land disposition agreements, to sell, lease for a term or terms of up to ninety-nine years, including all renewals and extensions, or otherwise grant, convey, or transfer to a developer or transfer the care and control of to any instrumentality of the commonwealth, any interest in parcels A, B, C, D, E, F, G, H and I or portions thereof and any facilities thereon, except the excluded property, including without limitation, any associated improvements or appurtenances constructed thereon existing or subsequently acquired or procured pursuant to this act, on such terms and conditions and for such consideration as the commissioner deems appropriate, or as otherwise agreed upon herein; provided, however, that any such proposal, plan or agreement shall exclude the use of any portion of the site for an incinerator, landfill, or other means of permanent disposal of solid or hazardous waste, house of correction, jail or prison. Upon the expiration of any lease entered into under the provisions of this act, the commissioner shall have the authority to dispose of the site or portions thereof so leased subject to this act and sections forty E to forty J, inclusive, of chapter seven of the General Laws.

SECTION 9. The commissioner is hereby authorized to retain or grant rights of way or easements for access, egress, utilities and drainage across the site and across other commonwealth property contiguous to said property, and the commonwealth may accept from any developer or developers rights of way or easements in roadways or across the property to be conveyed by deed or leased pursuant to this act for the purposes of access, egress, drainage and utilities as the commissioner deems necessary and appropriate to carry out the purposes of the plan, and this act; provided, however, that any such rights of way or easements for parcel E shall be reviewed and approved by the committee prior to the authorization thereof by the commissioner.

SECTION 10. The price paid for any sale, lease, conveyance or disposition for any parcel or site pursuant to sections seven and eight shall be for the full and fair market value of the property determined by independent appraisal, for the uses described in the plan including, but not limited to, any restrictions and requirements imposed by said plan. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and the joint committee on state administration in accordance with this section.

The town of Foxborough shall assume the costs in full of preparing a recordable survey describing said land, and shall also assume the costs of recording said plan with said registry of deeds.

The sale price paid for sale, lease, conveyance or disposition for any parcel or site pursuant to this act shall be deposited in the General Fund of the commonwealth.

The commissioner shall, thirty days before the execution of any agreement authorized by this act, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within fifteen days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration at least fifteen days prior to execution.

SECTION 11. Section 2 of chapter 132 of the acts of 1993 is hereby amended by striking out item 5800-9000 and inserting in place thereof the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 5800-9000 `tc4 For selected demolition, asbestos and hazardous waste removal and other environmental remediation work and abatement, for planning, marketing, surveying, site evaluation, site preparation and improvements, decommissioning and demolishing the sewage treatment plant on the Foxborough State Hospital site; provided, that the commissioner of the division of capital planning and operations is hereby authorized to spend not more than twenty thousand dollars for repair and improvement, but not for ongoing maintenance, of the two cemeteries located on the grounds of the Foxborough State Hospital; provided, further, that not less than four hundred and fifty thousand dollars shall be utilized for the installation of a sewer line to serve the needs of the Foxborough campus `tc6 $6,450,000 `tcol;end

SECTION 12. Section 3 of said chapter 132 is hereby amended by striking out, in line 4, the words "one hundred sixty-six million two hundred ninety thousand seven hundred fifty-five" and inserting in place thereof the following words:- one hundred seventy-two million two hundred ninety thousand seven hundred and fifty-five.