Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for legislation in aid of the construction of the Central Artery/Tunnel Project, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of public safety and convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The harbor lines in Fort Point Channel in the city of Boston are hereby changed and established as follows, using the Massachusetts State Plane Coordinate System referenced to the North American Datum of 1983 (NAD 83), as it has been defined within the Central Artery/Tunnel Project limits:

Beginning at a point J on the northwesterly seawall of Fort Point Channel, being a point on the harbor line established by chapter one hundred and seventy of the acts of eighteen hundred and eighty between points "I" and "K" at a distance one hundred fifty-four and twenty-three one hundredths feet (154.23') northeasterly of said point "I"; thence north seventy-three degrees, nine minutes, thirty-nine seconds east (N 73<=-09'-39" E) a distance of five hundred seventy-four and eighty-six one hundredths feet (574.86') to a point R' on the harbor line established by chapter two hundred and thirty-two of the acts of eighteen hundred and seventy-three, said point R' being approximately two thousand four hundred and ninety feet (2,490') southwesterly of point S' of the harbor line established by chapter four hundred and three of the acts of nineteen hundred and thirty-nine.

The harbor line established by chapter two hundred and seventy-eight of the acts of nineteen hundred and twenty-nine, the portion of the harbor line established by chapter one hundred and seventy of the acts of eighteen hundred and eighty between point I on said harbor line and point J established hereby, and the portion of the harbor line established by chapter two hundred and thirty-two of the acts of eighteen hundred and seventy-three between point R' established hereby and the southerly terminus of the harbor line established by chapter two hundred and seventy-eight of the acts of nineteen hundred and twenty-nine are hereby repealed.

SECTION 2. The harbor lines hereby established shall be shown on a plan to be titled, "The Establishment of New Harbor Lines at Fort Point Channel," and bearing the effective date of this act. Said plan shall be prepared by the department of highways, maintained by and in the department of environmental protection, and made available for public inspection.

SECTION 3. The department of environmental protection is hereby authorized to grant or deny licenses, under the provisions of chapter ninety-one of the General Laws, notwithstanding the provisions of section fourteen thereof, or any other general or special law regarding harbor lines to the contrary, for structures and fill necessary in connection with the construction of the Central Artery/Tunnel Project extending into Fort Point Channel beyond the harbor lines established by this act, by chapter one hundred and seventy of the acts of eighteen hundred and eighty, and by chapter two hundred and thirty-two of the acts of eighteen hundred and seventy-three, with said authorization limited to (1) a cooling water intake structure and appurtenances to be located on the easterly side of Fort Point Channel adjacent to property of the Gillette Company (city of Boston assessor parcel no. 6-1168-1), provided that no licenses issued for said cooling water intake structure shall be paid by the Massachusetts Highways Department, (2) a public walkway along the easterly seawall of Fort Point Channel adjacent to property of the Gillette Company beginning at the Dorchester Avenue bridge and extending to approximately the boundary of property of the Gillette Company (city of Boston assessor parcel no. 6-1168-1) and property of the Boston Wharf Company (city of Boston assessor parcel no. 6-1167), (3) a public walkway along the westerly seawall of Fort Point Channel between Summer Street and the new Northern Avenue Bridge, (4) a public docking facility on the westerly side of Fort Point Channel adjacent to property of the Boston Edison Company at 516 Atlantic Avenue (city of Boston assessor parcel no. 3-2953/5), (5) any temporary structures necessary to construct the Central Artery/Tunnel Project and the above-described mitigation within the Fort Point Channel, and (6) any other mitigation within the Fort Point Channel as may be required for the construction of the Central Artery/Tunnel Project. All such structures and fill shall be constructed, maintained and used as provided in the licenses issued by the department of environmental protection pursuant to chapter ninety-one of the General Laws.