HOUSE . . . . . . . No. 4978
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, August 1, 2024.
The committee on Ways and Means, to whom was referred the Senate
Bill providing for the disposition of certain property in the town of Upton
(Senate, No. 2933), reports recommending that the same ought to pass
with an amendment striking all after the enacting clause and inserting in
place thereof the text contained in House document numbered 4978.
For the committee,
AARON MICHLEWITZ. 1 of 3
HOUSE . . . . . . . . . . . . . . . No. 4978
Text of an amendment, recommended by the committee on Ways and Means, to the Senate Bill
providing for the disposition of certain property in the town of Upton (Senate, No. 2933). August
1, 2024.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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By striking out all after the enacting clause and inserting in place thereof the following:–
1 Chapter 156 of the acts of 2005 is hereby amended by striking out sections 1 to 4,
2inclusive, and inserting in place thereof the following 4 sections:-
3 SECTION 1. (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the
4General Laws, the commissioner of capital asset management and maintenance, in consultation
5with the department of conservation and recreation, shall, , convey 2 parcels of land off of Maple
6avenue in the town of Upton, presently under the care, custody and control of the department, to
7the Upton Development Group, Ltd. or its nominee. The parcels are shown on a plan of land
8entitled “Approval Not Required Plan of Land Maple Avenue, Hartford Avenue, Glen Avenue
9Upton, Massachusetts, Worcester County” dated October 13, 2013, prepared by Geo/Network
10Land Survey, Inc.. The exact boundaries of the parcels shall be determined by the commissioner,
11in consultation with the department.
12 SECTION 2. As consideration for the conveyance authorized in section 1, the division of
13capital asset management and maintenance shall receive from the grantee 2 parcels of land to be
14placed under the care, custody and control of the department of conservation and recreation to be 2 of 3
15used for conservation purposes. The parcels are shown on a plan of land entitled “Approval Not
16Required Plan of Land Maple Avenue, Hartford Avenue, Glen Avenue Upton, Massachusetts,
17Worcester County” dated October 13, 2013, prepared by Geo/Network Land Survey, Inc. The
18exact boundaries of the parcels shall be determined by the commissioner, in consultation with the
19department and recipient.
20 SECTION 3. As further consideration for the conveyance authorized the recipient shall
21donate $25,000 to the department of conservation and recreation as compensation and restitution
22for the trespass, encroachment and contamination related to the past disposal of solid and
23hazardous waste materials on the commonwealth’s parcels. At the time of conveyance,
24compensation and restitution shall be paid and deposited in the Conservation Trust, established
25pursuant to section 1 of chapter 132A of the General Laws. The conveyance and payment of
26additional compensation shall satisfy the obligations of the Upton Fuels and Construction, Inc.,
27and its stockholders to the commonwealth for the past activities identified above.
28 SECTION 4. There shall be an independent appraisal of the parcels described in section 1
29and 2 to determine their market values, or the values in use as proposed, based upon any
30professional appraisals as commissioned by the commissioner of the division of capital asset
31management and maintenance. The parcels described in said section 2 were determined to be of
323 times greater value than the parcels to be conveyed by the commonwealth in said section 1 and
33the commonwealth shall not be required to pay the difference. The full and fair market value of
34all parcels were determined by an independent appraisal, prepared in accordance with the usual
35and customary professional appraisal practices, by a qualified appraiser commissioned and
36instructed by the commissioner to appraise the commonwealth’s parcels described in said section
371 as if free of contamination and without the benefit of any permits, approvals or authorizations 3 of 3
38obtained by the grantee. The commissioner of capital asset management and maintenance shall
39submit the appraisal or appraisals to the inspector general for review and comment. The
40inspector general shall review and approve the appraisal or appraisals, and the review shall
41include an examination of the methodology utilized for the appraisal or appraisals. The inspector
42general shall prepare a report of such review and file the report with the commissioner of capital
43asset management and maintenance for submission by the commissioner to the house and senate
44committees on ways and means and the joint committee on state administration and regulatory
45oversight. Said commissioner shall submit copies of the appraisals and the inspector general’s
46review and approval and comments, if any, to the house and senate committees on ways and
47means and the joint committee on state administration and regulatory oversight at least 15 days
48prior to the execution of documents effecting the conveyances authorized in this act.