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H 4368

Geales Gavin Sands, retirement

2025-2026 Regular Session Introduced by Terry Alexander and 122 co-sponsors

Authorizes DCAMM, with MWRA, to release a portion of the historic 49 Charles Park Road sewer easement to Nora LLC, based on fair market value and IG-reviewed appraisal.

Introduced and adopted
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Bill Summary · H 4368

Summary — H 4368: "Geales Gavin Sands, retirement" / Act authorizing DCAMM to release a sewer line easement (Mass.)

Note: The bill text provided contains two distinct items: (1) a Massachusetts bill (House No. 4368) that would authorize the Division of Capital Asset Management and Maintenance (DCAMM) to release a portion of an historic sewer easement in West Roxbury, Boston; and (2) a House resolution honoring Geales Gavin Sands on her retirement (a ceremonial resolution apparently from another jurisdiction). This summary focuses on the Massachusetts statutory measure (House No. 4368) and also notes the presence of the retirement resolution included in the file.

Purpose

Authorize DCAMM, in consultation with the Massachusetts Water Resources Authority (MWRA), to release (by deed or other instrument) a portion of an existing sewer easement affecting the property at 49 Charles Park Road, West Roxbury, Boston, for the benefit of Nora LLC (owner), its successors or assigns. The measure declares itself an emergency law for immediate effect.

Key provisions

  • Authority: Notwithstanding chapter 7C, sections 32–37 or other law to the contrary, the DCAMM commissioner (with MWRA consultation) may release by deed or other instrument a portion of the sewer easement on the 49 Charles Park Road parcel.
  • Easement background: The easement was taken June 5, 1897 (recorded in Suffolk Registry of Deeds, Book 2448, Page 6) for constructing/operating/maintaining sewers, drains, manholes and underground appurtenances.
  • Survey & boundaries: The portion to be released is illustrated on a sketch titled “Proposed Surplus Sewer Easement 49 Charles Park Road, Boston” (dated August 24, 2019) on file with MWRA and DCAMM. Exact boundaries will be determined by DCAMM based on a current survey.
  • Terms & conditions: Any release shall be on terms and conditions prescribed by the DCAMM commissioner in consultation with MWRA.
  • Consideration / valuation: Consideration must equal full and fair market value as determined by DCAMM using an independent professional appraisal.
    • The appraisal must be submitted to the Inspector General (IG) for review and comment, including review of appraisal methodology.
    • The IG will prepare and file a report with the commissioner.
    • DCAMM must submit copies of the appraisal and the IG’s report and any approval/comments to the House and Senate Committees on Ways and Means and the Joint Committee on State Administration and Regulatory Oversight prior to executing release documents.
  • Costs: Nora LLC (or successors/assigns) is responsible for costs of surveys, appraisals, recording fees and other expenses relating to the release, as determined by DCAMM.

Who is affected

  • Nora LLC (property owner at 49 Charles Park Road) — primary beneficiary and responsible payer of transaction-related costs.
  • Division of Capital Asset Management and Maintenance — authority to approve and execute the release.
  • Massachusetts Water Resources Authority — consultative role; potential operational interests where sewers remain.
  • Inspector General and legislative committees — oversight via appraisal review and reporting.
  • City of Boston / Suffolk County Registry — recording and land record implications.

Procedural / timeline notes

  • Introduced: March 27, 2025 (House docket 4523 / House No. 4368).
  • Emergency clause: Declared an emergency law for immediate preservation of public convenience (effective upon enactment).
  • Legislative actions listed in the file include adoption (04/22/2025), referral and committee steps, a scheduled hearing (09/09/2025), committee favorable report (11/12/2025), and Senate concurrence (07/31/2025). (Dates reflect entries in the provided record; readers should consult official legislative status pages for final enactment/filing dates.)
  • Related: Similar matter filed previously as House No. 4892 (2023–2024). HD 4523 listed as replacing this filing.

Considerations / potential impacts

  • Reduces the state’s public easement footprint on the specified parcel; a survey and DCAMM/MWRA consultation aim to protect remaining sewer infrastructure and operations.
  • Use of independent appraisal and IG review is intended to ensure fair compensation and procedural transparency.
  • Transfer could affect future access for maintenance if not carefully defined; terms and conditions (including retained rights, if any) will be important to operational safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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