Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
provide forthwith for certain structures to be exempted from certain harbor
lines,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public 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.
Notwithstanding the provisions of sections 14 and 34 of
chapter 91 of the General Laws or any other general or special law to the
contrary, the department of environmental protection is hereby authorized to
grant, deny or condition a license to the Rowes Wharf Condominium Association
to place, maintain and repair two floating barges, to be known as Southern
Floating Dock and Northern Floating Dock, secured by piles, to be located in
whole or in part beyond the harbor line in the vicinity of Rowes Wharf and
along the Atlantic Avenue waterfront, to the north of the existing Northern
Avenue Bridge and to the west of the Northern Avenue Bridge abutment of the
city of Boston in Boston Harbor, such harbor line having been established
and authorized by certain laws, including section 1 of chapter 403 of the
acts of 1939; provided, however, that no license issued by the department of
environmental protection for the Southern Floating Dock or the Northern
Floating Dock shall be for a term longer than five years; provided,
further, that said Southern Floating Dock shall be restricted in size to a
maximum of 21 feet wide and 200 feet long; provided, further, that said
Northern
Floating Dock shall be restricted in size to a maximum of 40 feet wide and 120
feet long, and shall be connected to the existing wharf by such other
connecting docks as may be necessary; and provided, further, that nothing in
this section shall be
construed to exempt said project from compliance with all substantive and
procedural requirements of said chapter 91 and the regulations promulgated
pursuant thereto, other than the
exception permitted herein from the harbor line requirements of sections 14
and
34 of said chapter 91.
SECTION 2.
The approximate location of the exception to the harbor
lines hereby established is shown on a plan to be titled, "The Establishment of
Exceptions to the Harbor Lines at Rowes Wharf" and bearing the effective date
of this act. The final plan showing the specific location of said project
shall
be incorporated in the waterways license to be issued subsequent to the
effective date hereof. Both plans shall be prepared for the department of
environmental protection, maintained by and in the department of environmental
protection and made available for public inspection.
Approved November 12, 1998.