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SENATE DOCKET, NO. 3308 FILED ON: 6/21/2024
SENATE . . . . . . . . . . . . . . No. 2892
The Commonwealth of Massachusetts
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PRESENTED BY:
Ryan C. Fattman
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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 providing for the disposition of certain property in the town of Upton.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and Hampden 1 of 3
SENATE DOCKET, NO. 3308 FILED ON: 6/21/2024
SENATE . . . . . . . . . . . . . . No. 2892
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 2892) (subject to Joint Rule 12) of
Ryan C. Fattman for legislation to provide for the disposition of certain property in the town of
Upton. 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 providing for the disposition of certain property in the town of Upton.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 156 of the acts of 2005 is hereby amended by striking out sections 1 through 4,
2and inserting in place thereof the following sections:-
3 "SECTION 1. The commissioner of capital asset management and maintenance, in
4consultation with the department of conservation and recreation, shall, notwithstanding sections
540F, 40G, 40H and 40l of chapter 7C of the General Laws, convey by deed 2 parcels of land off
6of Maple Avenue in the town of Upton, presently under the care, custody and control of the
7department, to the Upton Development Group, Ltd., or its nominee. The parcels are shown on a
8plan of land entitled "Approval Not Required Plan of Land Maple Avenue, Hartford Avenue,
9Glen Avenue Upton, Massachusetts, Worcester County" dated October 13, 2013, prepared by
10Geo/Network Land Survey, Inc.. The exact boundaries of the parcels shall be determined by the
11commissioner in consultation with the department. 2 of 3
12 SECTION 2. In consideration of the conveyance provided for in section 1, the division of
13capital asset management and maintenance shall receive from the recipient, conveyance of 2
14parcels of land to be placed under the care, custody and control of the department of
15conservation and recreation, to be used for conservation purposes. The parcels are shown on a
16plan of land entitled "Approval Not Required Plan of Land Maple Avenue, Hartford Avenue,
17Glen Avenue Upton, Massachusetts, Worcester County" dated October 13, 2013, prepared by
18Geo/Network Land Survey, Inc. The exact boundaries of the parcels shall be determined by the
19commissioner in consultation with the department and recipient.
20 SECTION 3. In further consideration of the conveyance provided for in section 1, the
21recipient shall donate $25,000 to the department of conservation and recreation, as compensation
22and restitution for the trespass, encroachment and contamination related to the past disposal of
23solid and hazardous waste materials on the state parcels. At the time of conveyance,
24compensation and restitution shall be paid and deposited in the Conservation Trust, established
25pursuant to chapter 132A, section 1 of the General Laws. The conveyance and payment of
26additional compensation shall satisfy the obligations of the Upton Fuels and Construction, Inc.,
27and their stockholders to the commonwealth for the past activities identified above.
28 SECTION 4. There shall be an independent appraisal, or appraisals, of the parcels
29described in section 1 and section 2 to be conveyed by this act to determine their market values,
30or the values in use as proposed, based upon one or more professional appraisals as
31commissioned by the commissioner of the division of capital asset management and
32maintenance. The parcels described in section 2 were determined to be of three times greater
33value than the parcels to be conveyed by the commonwealth in section 1, the commonwealth
34shall not be obliged to pay such difference. The full and fair market value of all parcels were 3 of 3
35determined by an independent appraisal, prepared in accordance with the usual and customary
36professional appraisal practices, by a qualified appraiser commissioned and instructed by the
37commissioner to appraise the state parcels described in section 1 as if free of contamination and
38without the benefit of any permits, approvals or authorizations obtained by the recipient. The
39commissioner shall submit the appraisal or appraisals to the inspector general for review and
40comment as identified in this section at least 15 days before the execution of the conveyance."