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ACTS, 1985. - Chaps. 615, 616.Chapter 615. AN ACT RELATIVE TO AWARDS OF CERTAIN PUBLICCONSTRUCTION CONTRACTS INVOLVING PUBLICWORKS.Be it enacted. etc .. as follows:Section 44A of chapter 149 of the General Laws, as appearing in the1984 Official Edition, is hereby amended by striking out subsection (2)and inserting in place thereof the following subsection:-(2) Every contract for the construction, reconstruction, installation,

demolition, maintenance or repair of any building by a public agencyestimated to cost more than twenty-five thousand dollars except for apumping station to be constructed as an integral part of a sewerconstruction or water construction project bid under the provisions ofsection thirty-nine M of chapter thirty shall be awarded to the lowestresponsible and eligible general bidder on the basis of competitive bids inaccordance with the procedure set forth in the provisions of sectionforty-four A to for ty-four H, inclusive. When the general court hasapproved the use of an alternative mode of procurement of constructionfor a project pursuant to section seven E of chapter twenty-nine, theawarding authority responsible for procuring construction services forsuch project shall follow the policies and procedures of this section andof section forty-four B to forty-four H, inclusive, to the extentcompatible with the mode of construction procurement selected. Theterm "pumping station" as used in this section shall mean a building orother structure which houses solely pumps and appurtenant electrical andplumbing fixtures.

Approved December 27, 1985.Chapter 616. AN ACT AUTHORIZING THE DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT TO ACQUIRE LANDAND DEVELOP A REGIONAL ECONOMIC ANDRECREATIONAL FACILITY AREA IN BERKSHIRECOUNTY.Whereas, The deferred operation of this act would tend to defeat itspurpose, which is to create a regional economic facility area in the formof a joint public and private development of Greylock Glen, therefore itis hereby declared to be an emergency law, necessary for the immediatepreservation of the public convenience.Be it enacted, etc.. as follows:SECTION 1. As used in this act, the following words shall, unless thecontext clearly otherwise requires, have the following meanings:-"Abutting reservation land", that area of land in Berkshire countyshown on a plan of land on file at the department's office, entitled "Landto be used in Connection with the Operation of the Greylock GlenRecreational Facilities", bounded and described as follows:

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ACTS, 1985. - Chap. 676.Beginning at a point marking the southwesterly corner of the hereindescribed premises,thence, running N 08 0 30' 00" E a distance of 1028.28 feet to a point;thence, running N 100 12' 05" E a distance of 1547.01 feet to a point;thence, running 5 840 57' 07" E a distance of 150.17 feet to a granitebound;thence, running 5840 57' 07" E a distance of 321.07' to a point;thence, running 5 060 13' 23" E a distance of 102.59 feet to a point;thence, running N 83 0 46' 38" E a distance of 655.38 feet to a point;thence, running 5 .040 01' 38" W a distance of 609.18 feet to a point;thence, running N 86 0 31' 38" E a distance of 675.18 feet to a point;thence, running 5 040 56' 25" W a distance of 1124.40 feet to a point;thence, running 5 05 0 10' 14" W a distance of 682.36 feet to a point;thence, running 5 820 39' 42" W along a stone wall to a point;thence, running 5840 32' 20" W a distance of 1444.49 feet to a point;thence, running 5 860 19' 45" W a distance of 468.79 feet to the pointof beginning. Containing approximately ninety-nine acres of the MountGreylock state reservation."Board", board of environmental management."Commissioner", the commissioner of environmental management."Department", the department of environmental management."Division", the division of capital planning and operations."Land", that area of land in Berkshire county known as Greylock Glen,as shown on a plan of land on file at the department's office, entitled"Land to be Acquired in Connection with the Development of GreylockGlen", bounded and described as follows:FIRST PARCEL:Beginning at a stone on the east line of land of the Commonwealth ofMassachusetts, Mt. Greylock State Reservation, at the Northwest cornerof land of Adams Fire District as described by deed in Book 354, Page49, Parcell;Thence, running Northerly along said Commonwealth to the Southwestcorner of land of Margery 1. Gould;Thence, running Easterly along said Gould to the Southeast corner ofsaid Gould,Thence, running Northerly along said Gould and crossing Gould Road1836.8 feet, more or less, to the Southwest corner of land of BerkshireElectric Company;Thence, running Easterly along Berkshire Electric Company 50 feet,more or less, to a point;Thence, running Northerly along Berkshire Electric Company 75 feet,more or less, to a point;Thence, running Westerly along Berkshire Electric Company 50 feet,more or less, to a point in the East line of land of said Margery 1. Gould;Thence, running Northerly along said Gould 925.4 feet, more or less, tothe Northeast corner of said Gould;Thence, running Westerly along said Gould 3495 feet, more or less, tothe Northwest corner of said Gould, said point being on the East line ofland of said Commonwealth;Thence, running Northerly along said Commonwealth to a stone boundat the Southwest corner of other land of the Commonwealth of

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ACTS, 1985. - Chap. 676.Massachusetts as described by deed in Book 239, Page 116, Parcel I;Thence, running Easterly along said Commonwealth to a point in thecenterline of a brook, said point being at the Northwest corner of otherland of said Commonwealth as described by deed in Book 239, Page 116,Parcel III;Thence, running Southeasterly and Easterly along the centerline ofsaid brook and land of said Commonwealth to a point in the centerline ofsaid brook at the Southeast corner of said Commonwealth as described insaid Book 239, Page 116, Parcel III;Thence, running Northerly along said Commonwealth to a point;

Thence, running Easterly along said Commonwealth to a stone boundat the Southeast corner of land as described in Book 239, Page 116,Parcel II;Thence, continuing Easterly along land of said Commonwealth asdescribed in Book 414, Page 286 and 287, being the Four th Parcelhereinafter described, to a point at Northwest corner of land of James E.Peterson;Thence, running Southerly along said Peterson and along land of oneRuth Wiesner 3270.2 feet, more or less, to an iron pin at the Southwestcorner of said Ruth Wiesner;Thence, running Westerly along the North line of land of Edmond E.and Henry J. Jaeschke 520.1 feet, more or less to a point at theNorthwest corner of said Jaeschke;Thence, running Southerly along said Jaeschke 506 feet, more or less,to a point;Thence, running Southwesterly along said Jaeschke 311.8 feet, more orless, to a point;Thence, running Southerly along said Jaeschke 803.2 feet, more orless, to a point at the Northeast corner of land of Peter Meltzer, Sr. andAlbert Cavkchi;Thence, running Westerly along said Meltzer and Cavkchi 210 feet,more or less, to a point;Thence, running Southerly along said Meltzer and Cavkchi 210 feet,more or less, to a point;Thence, running Easterly along said Meltzer and Cavkchi 210 feet,more or less to a stone bound in the west line of land of Mary L. Arnold;Thence, running Southerly along land of said Mary L. Arnold 322.95feet, more or less, to a point;Thence, running Westerly along said Mary L. Arnold and along theNorth line of West Mountain Road to a point;Thence, running Southerly and crossing said West Mountain Road to apoint at the Northwest corner of one Wojieck;Thence, running Southerly along said Wojieck, land of one Zipperlingand land of one Meiklejohn 956.6 feet, more or less, to a point in thecenterline of a brook at land of one Sturtevant;Thence, running Southwesterly along the centerline of said brook andalong land of said Sturtevant and land of one Kirutiak 2550 feet, more orless, to a point at the Northwest corner of said Kirutiak;Thence, running Southerly to the Southwest corner of said Kirutiak;Thence, running Easterly along said Kirutiak to a stone bound in the

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ACTS, 1985. - Chap. 676.Southerly line of said Kirutiak;Thence, running Easterly along said Kirutiak to a stone bound in theSoutherly line of said Kirutiak;Thence, running Southerly along land of Adams Fire Distr ict 1048.56feet, more or less, to a stone bound;Thence, running Westerly along said Adams Fire District 1267.52 feet,more or less, to a point;Thence, running Southerly along said Adams Fire District 627.65 feet,more or less, to a stone bound;Thence, running Westerly along said Adams Fire District and crossingWest Mountain Road 2103.74 feet, more or less, to a stone bound;Thence, running Southerly along said Adams Fire District 1096.56 feet,more or less, to a stone bound;Thence, running Westerly along said Adams Fire District 298.41 feet,more or less, to the point and place of beginning.The above described property is subject to the following easements,rights of way and public ways:

1. Public ways: West Mountain Road; Gould Road; Thiel Road; andany public ways as may exist and however they may be described andbounded.2. Easements:New England Power Company for electric transmission lines andappurtenances.New England Telephone and Telegraph Company for communicationslines and appurtenances.Northeastern Gas Transmission Company for gas pipelines andappurtenances.Adams Gas Light Company, Commonwealth of Massachusetts, MargeryL. Gould.

3. Various rights-

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ACTS, 1985. - Chap. 676.~ running Southerly along said Lot 2 and Lots 2A, 4 and 6,348.26 feet, more or less, toa point located at the Southwesterly cornerof Lot 6;~ continuing in a Southerly direction along Lots 8 and 10 asshown on a plan recorded in Plan Book 240C, Page 187 of the NorthernBerkshire Registry of Deeds, 150 feet, more or less, to a point at theSouthwesterly corner of Lot 10;~ running Easterly along the Southerly side of said Lot 10, 120feet, more or less, to a point on the westerly sideline of Bieniek Avenue,so-called;~ running Southerly along the Westerly sideline of BieniekAvenue 75 feet, more or less, to a point;Thence, running Westerly along Lot 14 as shown on a plan recorded inPlan Book 240D, Page 19 of the Northern Berkshire Registry of Deeds,120 feet, more or less to a point;~ running Southerly along Lots 14, 16 and 18, 240 feet, more orless, to a point;~ running in a Southerly direction along Lots 20, 22 and 24 asshown on a plan recorded in Plan Book 240G, Page 102 of the NorthernBerkshire Registry of Deeds, 230 feet, more or less to a point at theSouthwest corner of said Lot 24;~ running in an Easterly direction along the Southerly side ofsaid Lot 24 and along the Southerly terminus of Bienick Avenue, 170feet, more or less, to a point;~ running Northerly along the Easterly sideline of BieniekAvenue 17.88 feet, more or less to a point;~ running Easterly along the Southerly side of Lot 23 as shownon a plan recorded in Plan Book 240G, Page 102 of the NorthernBerkshire Registry of Deeds, 122.75 feet, more or less, to a point at landof Walter and Blanche Cunningham;~ running Southerly along land of said Cunningham to a stonemonument at land of Richard S. McConnell;~ running Westerly along said McConnell 719 feet, more or less,to a point;~ running Southerly along said McConnell 142.6 feet, more orless, to a point at land of Charles J. Horn and others;~ running Westerly along land of said Horn and others to theEasterly sideline of West Road, so-called;~ running Northerly along the Easterly sideline of West Road toa point and place of beginning.Excepting from the above described premises the following parcelsrecorded in the Northern Berkshire Registry of Deeds;Book 465, Page 276Book 479, Page 287Book 604, Page 131Book 628, Page 194Plan Book 240D, Page 53Subject to a right-of-way recorded in Book 604, Page 131 of theNorthern Berkshire Registry of Deeds.Subject to water and spring rights as may exist.

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ACTS, 1985. - Chap. 616.The above described premises has a right-of-way over land now orformerly of one Sanderson as described in Book 604, Page 131 and shownon a plan recorded in Plan Book 240D, Page 53 of the Northern BerkshireRegistry of Deeds.Also see Book 697, Page 854 of the Northern Berkshire Registry ofDeeds for further reference to exceptions and rights-of-way over theabove described parcel.The above described parcel is subject to any other eastments andrights-of-way that may exist.THIRD PARCEL:Beginning at a stone bound at the Southwest corner of the premisesherein described, said stone bound being at the Southeast corner of landof the Commonwealth of Massachusetts as described by deed in Book263, Page 291, known as the "Follett Lot";Thence, running Northerly along said Commonwealth - "Follett Lot" toa point;Thence, running Easterly along land of Arthur H. Thiel, as described bydeed in Book 637, Page 3, Parcel 2, to a point;Thence, running Southerly along said Thiel to a point in the North lineof other land of said Thiel as described by deed in Book 637, Page 3,Parcell;Thence, running Westerly along said Thiel and along land of theCommonwealth of Massachusetts to the point and place of beginning;Meaning and intending to describe that land of Community SavingsBank as referred to by deed in Book 697, Page 848, Parcel 4.The above described premises is subject to easements andrights-of-way as may exist.FOURTH PARCEL:Beginning at a stone bound at the Southwest corner of the premisesherein described, said stone bound being at the Southeast corner of landof the Commonwealth of Massachusetts as described by deed in Book239, Page 116, Parcel 11;Thence, running Northerly along said Commonwealth 2484.4 feet,more or less, to a stone bound on the South line of other land of saidCommonwealth as described by deed in Book 263, Page 291 and known as

the "Follett Lot";Thence, running Easterly along said Commonwealth- "Follett Lot"1424.1 feet, more or less, to a stone bound at the Southeast corner ofsaid "Follett Lot";Thence, continuing Easterly along land of Community Savings Bank asdescribed in Book 697, Page 848, Parcel 4 to a point at the Northwestcorner of land of Arthur H. Thiel, Jr. as described by deed in Book 637,Page 3, Parcell;Thence, running Southerly along said Thiel 99 feet, more or less, to aniron pin;Thence, running Easterly along said Thiel 655.38 feet, more or less, toan iron pin;Thence, running Southerly along said Thiel 609.18 feet, more or less,to a point;Thence, running Easterly along said Thiel 675.18 feet, more or less, toa point at the Northwest corner of land of Doris 1. Hathaway;

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ACTS, 1985. - Chap. 676.Thence, running Southerly along said Hathaway 1808.4 feet, more 0,less, to a point at the Southwest corner of said Hathaway, said poinbeing on the North line of land of James E. Peterson;Thence, running Westerly along said Peterson and along land 0:Community Savings Bank as described in Book 697, Page 848, Parcel 3 t(the point and place of beginning.Meaning and intending to describe that land of the Commonwealth o'Massachusetts as referred to by deed in Book 414, Pages 286 and 287.The above described premises are subject to easements an(rights-of-way as may exist."Lands", the land and the abutting reservation land."Master Planner", the person selected by the department who shalformulate the plan."Permanently alienate", to sell the fee simple, to lease for a term 0more than ninety-nine years or otherwise to dispose of real estatlwithout a reversionary right retained in the commonwealth."Plan", a master plan, as defined in section thirty-nine A of chapteseven of the General Laws, which plan shall outline the uses of the Landas well as the facilities and improvements thereon."Purposes", those general recreational purposes to be establishelpursuant to the plan as well as the residential and commercial use

developed in connection therewith.SECTION 2. The first sentence of the second paragraph of section on,of chapter four hundred and forty-four of the acts of nineteen hundreland sixty-six is hereby repealed.SECTION 3. The Mount Greylock state reservation benefits thcommonwealth with unique scenic, natural and historic qualit ies. Sai,reservation shall be managed so as to preserve and protect thos,qualities. In particular, no downhill ski facilities, including withoulimitation any aerial tramway, ski lift or associated equipment, shall bconstructed within the Mount Greylock state reservation.SECTION 3A. In addition to and not in derogation of the protectionprovided in sections three A and three B, the unanimous consent of a1members of the board shall be required for any of the following actions:(1) any new disposition of any interest in, or any part of any interesin, the Mount Greylock state reservation, but not including renewals 0extensions of existing leasehold interests;(2) the construction of an aerial tramway, chair lift or associate,downhill ski facilities within the Mt. Greylock State Reservation;(3) major capital improvements within the Mt. Greylock Stat,Reservation, as defined in regulations to be promulgated by the board 0environmental management;provided however, that the foregoing provisions of clauses (1) and(3) shall not apply to the lands.SECTION 4. Chapter 21 of the General Laws is hereby amended b:striking out sections 2 and 2A, as appearing in the 1984 Official Editionand inserting in place thereof the following two sections:-

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ACTS, 1985. - Chap. 676.Section 2. The department shall be under the control of a board,which board shall consist of seven members appointed by the governorfor terms of seven years. Upon the expiration of the terms of thecurrent members of the board, all additional appointments by thegovernor, except those made to fill a vacancy in an unexpired term, shallbe for terms of seven years.The two new members of the board of environmental managementprovided for in this section shall be appointed to serve terms of six andseven years, respectively, but thereafter the appointments of thesuccessors of such new members, except an appointment made to fill a

vacancy in an unexpired term, shall be for seven years.Section 2A. The members of the board of environmental managementshall be selected with due regard to geographical distribution; provided,however, that except as hereinafter provided no more than one suchmember shall be appointed from the same county and one member ofsaid board shall be a resident of Berkshire county.The commissioner shall request each of the boards of trustees ordirectors of the Massachusetts Audubon Society, the MassachusettsChapter of the Sierra Club, the Massachusetts Chapter of theAppalachian Mountain Club, and the Trustees of Reservations, tonominate three candidates for the seventh member of the board. Fromthe nominations received from the several boards of such organizations,the commissioner shall select three candidates whom he shallrecommend to the governor. The governor shall appoint the seventhmember of the board from among the candidates recommended by thecommissioner, which member shall be appointed without regard to thecounty membership restrictions outlined above.

SECTION 4A. Section 2B of said chapter 21, as amended by chapter272 of the acts of 1985, is hereby further amended by adding thefollowing two paragraphs:-Prior to such removal, however, the chairperson of the board ofenvironmental management shall certify the unexcused absence of saidboard member from three consecutive meetings by filing a certificate tothat effect with the commissioner of the department of environmentalmanagement and the secretary of the commonwealth. Upon the filing ofsuch certificates, such a member's position shall be deemed vacant andthe governor shall appoint a successor thereto. In case of theresignation, removal or death of a board member, said member'ssuccessor shall be appointed to fill the remainder of the unexpired termsubject to the same terms and conditions as said member, so-called.The provisions concerning the absence of a board member from threeconsecutive meetings shall not apply to the absence of any current boardmembers from meetings prior to the passage of such provisions.SECTION 4B. Said chapter 21 is hereby further amended by insertingafter section 2E the following section:-Section 2F. The commissioner shall submit management plans to theboard for such board's adoption with respect to the Mount Greylock statereservation and all other state reservations, parks, and forests under the

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ACTS, 1985. - Chap. 676.means of design and use control authorized hereunder as will protect th eunique scenic, natural and historic qualities of the adjacent MountGreylock state reservation; provided, -however, that th e abuttingreservation land may no t be permanently alienated, and any dispositionof th e lands shall be on such terms and conditions determined by th ecommissioner to be in the best interests of th e commonwealth; andprovided, further, that any such disposition shall comply with th e termsof section eight.The execution of a quitclaim deed, lease, memorandum of lease orother instrument on behalf of th e commonwealth by th e divisionconveying an interest in the lands, or any part of any interest therein,shall be conclusive for all third parties and grantees of any such interestsrelying thereon in good faith as to th e power and authority of th edivision to execute such instruments, except as to any instrumentpurporting to permanently alienate th e abutting reservation land.

SECTION 6. The department shall produce a report on the proposeddevelopment of th e lands, and shall file such report with the clerk ofeach branch of th e General Court at least thirty days prior to th eacquisition of any of th e land. Such report shall contain a finding by th ecommissioner, which may be based upon reports from consultants orexpressions of interest from prospect ive developers with appropriatefinancial resources, that th e facilities and improvements anticipated tobe financed by private investment may be reasonably e xp ec te d t o attractsuch investment.Said report on th e proposed development of th e lands shall include amaster plan, and information concerning (1) anticipated publicly paidcapital and op erat ing co sts over th e first five years of operation; (2)sources and application of revenues; (3) market study results indicatingth e probability of success of the- project ; (4) minimum private investmentneeded for success; (5) feasibility of obtaining th e minimum requiredprivate investment; (6) public benefits to be realized from developmentof th e project; (7) a copy of the plan of th e abutting reservation land asdefined in section two; and (8) a copy of th e plan of th e land as definedin section two.The master planner shall formulate, and the commissioner shallapprove, a plan for the development of the lands, which plan shallimplement the purposes by outlining th e proposed uses of th e lands aswell as the facilities and improvements thereon with sufficientspecificity so as to serve as a basis for the solicitation of proposals byp ri va te p ar ti es for the development of th e lands. The master plannermay request the- assistance of th e director of programming under sectionforty-one B of chapter seven of th e General Laws in th e development ofth e plan and its constituent facilities and improvements.

The commissioner shall provide a t least thirty days' notice of ahearing on reuse restrictions with r es pe ct t o th e lands, said hearing to beconducted pursuant to paragraphs six and seven of section f or ty Fone-half of said chapter seven; provided, however, that there need beonly one such hear ing on reuse restrictions after th e adoption of the plan.The plan shall no t permit any ski-lift equipment, including, without1032

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ACTS, 1985. - Chap. 676.limitation, chair lifts and aerial tramways, to extend into the MountGreylock state reservation.

SECTION 7. The department shall select a master planner for theproject pursuant to the procedures outlined in sections thirty-eight Aone-half to thirty-eight 0, inclusive, of chapter seven of the GeneralLaws, which master planner shall formulate the plan described in sectionsix. The department shall control and supervise all aspects of theproject which are not building projects as defined in section thirty-nineA of said chapter seven. Any public building projects on the lands shallbe subject to section thirty-eight A one-half to thirty-eight 0, inclusive,of said chapter seven.

SECTION 8. The division, in consultation with the commissioner, shalldispose of such portion or portions of the lands as he deems necessary orappropriate to implement the plan and the purposes hereof in accordancewith the provisions of sections forty H, forty J and forty K of chapterseven of the General Laws. The division, in consultation with thecommissioner, shall select such means of disposition, by sale, lease orotherwise, as he deems appropriate to implement the plan. Thecommissioner may negotiate with and select from among those personssubmitt ing proposals so as to best implement the plan and the purposesof this act. No less than two weeks before first publishing notice undersection forty H of said chapter seven of a request for proposals or bidsfor any disposition of the lands and any improvements thereon, thecommissioner shall provide a draft of the request for proposals or bids tothe deputy commissioner of capital planning and operations for hiscomments and recommendations.All instruments of acquisition and disposition shall be transmitted tothe division of capital planning and operations pursuant to section fortyK of said chapter seven.Compliance with section forty-nine A of chapter sixty-two C of theGeneral Laws shall be required of all persons and entities acquiring anyinterest in the lands.The design and construction of any public building project shall besubject to the control and supervision of the division; but the use,maintenance or alteration of the lands or any faci.lity, s tructure orimprovement on the lands by developers, lessees or other transfereesshall be subject to the supervision and design review approval of thecommissioner, and the commissioner is hereby authorized to enter intocontracts for the use, maintenance and alteration of the lands or anyfaci.liti.es improvements thereon. Any development or constructioncontract, and all leases, sales or other disposition documents executed inconnection with the implementation of the plan shall comply with theprovisions hereof and, without limiting the generality of the foregoing,the division and the commissioner are hereby authorized to placerestrictive covenants in instruments disposing of the lands, or providingfor the use, maintenance or alteration of the lands or any faci.lities orimprovements thereon, to ensure compliance with the plan and the termsof this act, and the division may retain such rights of reversion as it

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ACTS, 1985. - Chap. 676.deems advisable in such instruments to protect against uses andstructures in violation of the plan and the terms of this act; provided,however, that the department shall require a reasonable return from thedeveloper or developers; and provided further, that the department shalldeposit all revenues collected pursuant to the provisions of this sectionin the state recreation areas fund.SECTION 9. To satisfy the expenditures necessary to carry forwardthe provisions of this act, the state treasurer shall, upon the request ofthe governor, issue and sell bonds of the commonwealth in an amount to

be specified by the governor from time to t ime, but not exceeding, in theaggregate, the sum of eight million five hundred thousand dollars. Allbonds issued by the commonwealth, as aforesaid, shall be designated ontheir face Greylock Glen Development Loan Act of 1985, and shall beissued for such maximum term of years, not exceeding twenty years, asthe governor may recommend to the General Court pursuant to sectionthree of Article LXII of the Amendments to the Constitution of theCommonwealth; provided, however, that all such bonds shall be payablenot later than June thirtieth, two thousand and ten. Bonds and theinterest thereon issued under authority of this section, notwithstandingany other provision of this act, shall be general obligations of thecommonwealth.The state treasurer may borrow from time to t ime on the credit of thecommonwealth such sums of money as may be necessary for the purposesof meeting payments authorized by this act, and may issue and renewfrom time to time notes of the commonwealth therefor, bearing interestpayable at such time and at such rate as shall be fixed by the statetreasurer. Such notes shall be issued and may be renewed one or moretimes for such term, not exceeding one year, as the governor mayrecommend to the General Court in accordance with section three ofArticle LXII of the Amendments to the Constitution of theCommonwealth, but the final maturities of such notes, whether originalor renewal, shall not be later than June thirtieth, nineteen hundred andninety-six. Notes and the interest thereon issued under the authority ofthis act notwithstanding any other provisions of this act shall be generalobligations of the commonwealth.The department is authorized to use the proceeds of the bonds andnotes to be issued pursuant to this act and those funds previouslyappropriated to it for its general purposes for the acquisition anddevelopment of the lands and for associated costs .including, withoutlimitation, pilot operations programs, general planning, furnishings,equipment, and grants to the town of Adams, which grants shall notexceed forty-five thousand dollars, for land use planning studies inconnection with the proposed development.

The department is further authorized to receive and accept anyfederal aid grants or private gifts or bequests to aid it in thedevelopment of the project.Proceeds of the bonds and notes issued under the authority of this actand amounts appropriated to the use of the department may also be usedfor the acquisition, by purchase, eminent domain, pursuant to chapter1034

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ACTS, 1985. - Chap. 677.seventy-nine of the General Laws, or otherwise, of the developmentrights in (a) the Gould Farm and (b) the Jaeschke Apple Orchard.SECTION 10. Prior to the implementation of the plan and prior to thecommencement of any construction or the execution of any dispositionagreement conveying any of the department's interests in the Lands tothird parties, the department shall prepare an environmental impactreport subject to the approval of the secretary of environmental affairs,and the implementation of the plan shall comply with the terms andconditions of sections sixty-one to sixty-two H, inclusive, of chapter

thirty of the General Laws and the regulations promulgated thereunder.Approved December 27, 1985.

Chapter 677. AN ACT AUTHORIZING THE DIVISION OF CAPITALPLANNING AND OPERATIONS TO CONVEY ANINTEREST IN CERTAIN LAND UNDER CONTROL OFTHE DEPARTMENT OF ENVIRONMENTALMANAGEMENT IN THE TOWN OF EASTHAM TO THETOWN OF EASTHAM.Be it enacted, etc.. as follows:SECTION 1. The division of capital planning and operations is herebyauthorized to convey, on behalf of the commonwealth, in consultationwith the department of environmental management, a right-of-way overa parcel of land in the town of Eastham to said town for the purpose ofallowing access to a parcel of land owned by said town. Said conveyanceshall be in accordance with the terms and conditions set out in sectiontwo and subject to the approval of the commissioner of the departmentof environmental management, and approved as to form by the attorneygeneral. The property of the commonwealth is described as follows:That certain parcel of land in the town of Eastham off the northerlysideline of Nauset road, containing twelve thousand six hundred andthirteen square feet, more or less, being a portion of the abandoned penncentral railroad right-of-way acquired by the commonwealth for thepurpose of conservation and recreation, bounded as follows:Commencing at a concrete bound at a point in common with theproperty lines of land owned by the Commonwealth of Massachusetts(formerly by the Penn Central Corporation), the Town of Eastham andM.F. Roach Company, being the point of beginning;S 020 -31 '-30"E, a distance of 290.25 feet to a point on thenortherly sideline of Nauset Road;Thence N 550 -36'-30"W, a distance of 50.07 feet along the northerlysideline of said Nauset Road;N 020 -31 '-30''W, a distance of 300.17 feet parallel to and 1.25feet easterly from the baseline of the old railroad right-of-way, to acorner;Thence N 870 -28'-30"E, a distance of 40 feet to land owned by the

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