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HOUSE DOCKET, NO. 3723 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3036
The Commonwealth of Massachusetts
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PRESENTED BY:
Sean Garballey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to allow the city of Medford to transfer conservation land.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/18/2023 1 of 5
HOUSE DOCKET, NO. 3723 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3036
By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 3036) of
Sean Garballey that the commissioner of Capital Asset Management and Maintenance be
authorized to grant an easement and right-of-way for certain conservation land in the city of
Medford to Boston Gas Company. State Administration and Regulatory Oversight.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to allow the city of Medford to transfer conservation land.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. (a) Notwithstanding sections 34 to 37 of chapter 7C of the General Laws or
2any other general or special law to the contrary, the commissioner of capital asset management
3and maintenance, in consultation with the commissioner of conservation and recreation, may
4grant a perpetual, permanent subsurface easement and right-of-way for the purposes of installing,
5construction, re-constructing, repairing, replacing, adding to, operating and maintaining
6subsurface gas facilities, including, but not limited to, gas mains, lines and/or pipes, together
7with all necessary appurtenances and accessories thereto, on portions of land under the care and
8control of the department of conservation and recreation in the city of Medford, to Boston Gas
9Company and its successors and assigns. The subsurface easement and right-of-way shall be 20
10feet in width with the gas facilities being the centerline and run over, under and through portions
11of land on the northerly and southerly side of the Mystic river known as the Mystic river state 2 of 5
12reservation, on the easterly side of Winthrop street, between the Mystic Valley parkway and
13South street in the city of Medford.
14 The portions of land, over, under and through which the easement and right-of-way shall
15be granted are more particularly described as land subject to an order of taking dated November
1626, 1899 and recorded in Middlesex south registry of deeds in book 2787, page 537 and under
17the control of and used by the department of conservation and restriction. The subsurface gas
18facilities and the associated permanent 20-foot wide easement and right-of-way shall be situated
19on land between the Winthrop street municipal right-of-way boundary and traversing southerly
20under the Mystic river to the South street municipal right-of-way boundary and shall apply to
21approximately 2.4 acres of land in the aggregate, more or less (the “Easement Area”), as shown
22on a plan entitled “Proposed Easement Plan, Proposed Gas Main Installation, 12” MDPE and 12”
23HDPE (25 PSIG), Winthrop Street, Medford, MA”, prepared by BL Companies and dated
2401/13/2023 (the “Easement Plan”). The permanent 20 foot wide easement and right-of-way shall
25grant the right to install, construct, reconstruct, repair, replace, relocate, add to, operate and
26maintain subsurface gas facilities, including, but not limited to, gas mains, lines and/or pipes, and
27all necessary appurtenances and accessories thereto (the “Gas Facilities”); together with the
28perpetual right and easement to pass and repass on foot and with vehicles and equipment within
29and along the Easement Area and to access the Easement Area as reasonably required over the
30adjoining lands of the grantor to and from the public ways, the perpetual right and easement to
31clear and keep cleared the Easement Area of trees, underbrush and obstructions that may
32interfere with the Gas Facilities or access thereto, the perpetual right and easement at any time
33and at all times to renew, replace, remove, add to, modify and otherwise change the Gas
34Facilities and the locations thereof within the Easement Area; and the perpetual right and 3 of 5
35easement to change the grade of the Easement Area but only as is reasonable, necessary and
36proper in connection with the exercise of the foregoing rights and easements, subject, however,
37to the provisions of sections 3 and 4 below.
38 (b) The exact boundaries of the Easement Area are as shown on the Easement Plan,
39which Easement Plan shall be recorded with the Middlesex south registry of deeds. The
40easement shall be subject to such additional terms and conditions as the commissioner of capital
41asset management and maintenance, in consultation with the commissioner of conservation and
42recreation, may prescribe, to ensure that environmental impacts associated with the use of the
43parcels are addressed and that the conveyance results in a net benefit to the park system. The
44easement shall contain a restriction that the easement shall only be used for the purpose of
45installing, constructing, reconstructing, repairing, replacing, adding to, operating, and
46maintaining the Gas Facilities.
47 SECTION 2. The consideration for the easement shall be the full and fair market value or
48the value in use, whichever is greater, of the easement as determined by the commissioner of
49capital asset management and maintenance pursuant to an independent professional appraisal
50contracted by the division. An appraisal for the full and fair market value and the value in use of
51the easement shall be prepared in accordance with usual and customary professional appraisal
52practices by a qualified appraiser commissioned by the commissioner of capital asset
53management and maintenance. The inspector general shall review and approve the appraisal. The
54inspector general shall prepare a report of the review of the methodology utilized for the
55appraisal and shall file the report with the commissioner of capital asset management and
56maintenance, the house and senate committees on ways and means and the joint committee on
57state administration and regulatory oversight. The commissioner of capital asset management 4 of 5
58and maintenance shall, 30 days before the grant of an easement authorized by this act, or any
59subsequent amendment thereto, submit the proposed easement and a report thereon to the
60inspector general for review and comment. The inspector general shall issue his review and
61comment within 15 days after receipt of the proposed easement or amendment. The
62commissioner shall submit the proposed easement or amendment and the reports and comments
63of the inspector general, if any, to the house and senate committees on ways and means and the
64joint committee on state administration and regulatory oversight at least 15 days before the
65execution of the easement or amendment.
66 SECTION 3. To ensure a no-net-loss of lands protected for conservation purposes, and to
67mitigate impacts upon parkland, in addition to the consideration due under section 2, the grant of
68easement shall only occur if the grantee has mitigated the impact of its activities to the
69satisfaction of the commissioner of conservation and recreation and commissioner of the division
70of capital asset management and maintenance. Mitigation shall include payment of a sum equal
71to such appraised fair market value or value in use or the sum of $5,000.00, whichever is greater,
72for the funding of the acquisition of land or an interest therein to be under the care and control of
73the department for conservation and recreation purposes. The funding shall be acceptable to the
74department of conservation and recreation and shall be deposited in the Conservation Trust
75established in section 1 of chapter 132A of the General Laws. Any land or interest therein
76acquired by the department with such funding shall be permanently held and managed for
77conservation and recreation purposes by the department.
78 SECTION 4. Notwithstanding any general or special law to the contrary, Boston Gas
79Company shall be responsible for all costs and expenses including, but not limited to, actual 5 of 5
80costs incurred in connection with any engineering, surveys, appraisals and easement preparation
81related to the easement authorized in this act.