By Mr. Smizik of Brookline, petition (accompanied by bill, House, No. 3942) of Frank I. Smizik and others that the Division of Capital Asset Management and Maintenance be authorized to transfer a certain parcel of land located in the town of Brookline to said town. Bonding, Capital Expenditures and State Assets.

The Commonwealth of Massachusetts

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PETITION OF:

Frank I. Smizik

Michael F. Rush

Cynthia S. Creem

Michael J. Moran

Jeffrey Sanchez

Betsy DeWitt

Nancy Daly

Gilbert Hoy

Robert Allen

Michael Merrill

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In the Year Two Thousand and Seven.

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An Act authorizing the transfer of the former fisher hill reservoir in the town of Brookline.

    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 commissioner of the division of capital asset management and maintenance (the commissioner) may, notwithstanding the provisions of sections 40E to 40H, inclusive of chapter 7 of the General Law, convey by deed a certain parcel of land in the town of Brookline to the town of Brookline.  The parcel, know as the “former Fisher Hill Reservoir” is located on the southwest side of Fisher Avenue.  The boundaries of the parcel shall be established by a survey commissioned by the commissioner. 

SECTION 2.  The parcel is currently open space and after conveyance, the parcel shall be used for open space or active or passive recreation purposes with the exception of a certain portion of the parcel not to exceed 12,000 square feet that will be dedicated and used for a storage facility.

SECTION 3.  The sale price paid by the town of Brookline for the parcel described in section 1 shall be not less than the full and fair market value of the parcel determined by the commissioner based on an independent appraisal and based on its use as described in this act.  The inspector general shall review and approve the appraisal and the review shall include an examination of the methodology utilized for the appraisal.  The inspector general shall have thirty days to prepare a report of his review and file the report with the commissioner of the division of capital asset management and maintenance for submission within fifteen days thereafter to the house and senate committees on ways and means and to the joint committee on state administration.

SECTION 4.  The town of Brookline shall be responsible for any costs for appraisals, surveys and other expenses relating to the transfer of the parcel.  Upon completion of the transfer of the parcel, the town shall be solely responsible for all costs, liabilities and expenses of any nature and kind for the development, maintenance, use and operation of the parcel.  In the event the parcel cease at anytime to be substantially used for the purposes set forth in section 2 or for municipal use, the commissioner shall give written notice to the town of the unauthorized use.  The town shall upon receipt of the notice have thirty days to respond and a reasonable time to establish an authorized use of the parcel.  If an authorized use of the parcel is not thereafter established, the title to the parcel shall upon the recording of a notice thereof by the commissioner in the appropriate registry of deeds, revert to the commonwealth with the parcel to be under the care and control of the division of capital asset management and maintenance.  Any further disposition of the parcel shall be subject to sections 40E to 40J, inclusive, of chapter 7 of the General Laws.

SECTION 5.  The sale price paid under section 3 shall be deposited in the General Fund of the commonwealth.

SECTION 6.  This act shall take effect upon its passage.