For legislation to extend the harbor lines for the building of certain structures over navigable waters of the Charlestown Navy Yard located in the city of Boston
HOUSE DOCKET, NO. 144 FILED ON: 1/2/2009
HOUSE . . . . . . . . . . . . . . . No. 4075
The Commonwealth of Massachusetts
Eugene L. O'Flaherty
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to the Charlestown Navy Yard
PETI TION OF:
Eugene L. O'Flaherty
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 5116 OF .]
The Commonwealth of Massachusetts
In the Year Two Thousand and Nine
relative to the Charlestown Navy Yard.
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. For the purposes of enabling the United States of America to extend the present limits of the Charlestown Navy Yard within the Boston National Historical Park and to administer and manage the areas hereby ceded as a part of the said national historical pa rk, an exemption from the harbor line established by chapter 64 of the Acts of 1899, chapter 490 of the Acts of 1938, and chapter 475 of the Acts of 1948 is hereby authorized so that nothing in sections 14 and 34 of chapter 91 of the General Laws or any ot her general or special law to the contrary would restrict the placement of a structure beyond the current harbor line but restricted within the area described as follows:
Beginning at a point with a NAD 1927 coordinate of N500128.25, E720497.13on the exis ting State Harbor Line (1948 Pier & Bulkhead Line) that is S 77 o 07’27”E, a distance of 156.64 feet along the existing State Harbor Line from a point located at NAD 1927 coordinate N500163.15. E720344.43;
The boundary of the State Harbor Line Exemption Are a shall turn and run S 79 o 12’22”W, a distance of 449.63 feet to NAD 1927 coordinate N500044.04, E720055.46;
Thence said boundary of the Sate Harbor Line Exemption Area shall turn and run N57°39’39”W, a distance of 33.92 feet to a point on the existing St ate Harbor Line which is S 65 o 32’54”W, a distance of 165.40 feet from a point located at NAD 1927 coordinate N500130.65, E720177.36.
The above described State Harbor Line Exemption Area is shown on a plan titled “Proposed State Harbor Line Exemption Area & Boundary Line, Charlestown Navy Yard, Boston National Historical Park, Boston, Massachusetts” numbered 457/62,360, dated 1/23/08 , prepared for the United States Department of the Interior, National Park Service, Denver Service Center by Nitsch Engineerin g, Inc.
SECTON 2. The lands lying between the prior wharf or harbor line as described in the said cessions of land referred to in Section 1 hereof between the Commonwealth and the United States of America for the United States Navy Yard, and the line now established under Section 1 of this Act, shall be referred to as “the newly ceded lands and waters” and are described as follows:
A certain parcel of land located along the southerly boundary of the Boston National Historical Park south of Chelsea Street in Boston (Charlestown District), Massachusetts , bounded and described as follows:
Beginning at a point on the Pier and Bulkhead Line of 1948, said point being the southwest property corner of the United States Department of the Interior;
Thence running N 65 o 32’54”E, a distance of 165.40 feet along said Pier and Bulkhead Line of 1948;
Thence turning and running N 78 o 59’28”E, a distance of 170.20 feet along said Pier and Bulkhead Line of 1948;
Thence turning and running S 77 o 07’27”E, a distance of 156.6 4 feet along said Pier and Bulkhead Line of 1948;
Thence turning and running S 79 o 12’22”W, a distance of 449.63 feet along the boundary of the State Harbor Line Exemption Area;
Thence turning and running N 57 o 39’39”W, a distance of 33.92 feet along said boundary of the State Harbor Line Exemption Area to the point of beginning.
Said Parcel contains an area of 21,738 square feet and is shown as “Proposed State Harbor Line Exemption Area” on a plan titled “Proposed State Harbor Line Exemption Area & Bounda ry Line, Charlestown Navy Yard, Boston National Historical Park, Boston, Massachusetts” numbered 457/62,360, dated 1/23/08 , prepared for the United States Department of the Interior, National Park Service, Denver Service Center by Nitsch Engineering, Inc.
SECTION 3. For the purposes of administering and managing the Charlestown Navy Yard within the Boston National Historical Park, the newly ceded lands and waters are hereby ceded to the United States of America including jurisdiction over and all right and claim of the Commonwealth to those portions of land covered by navigable waters, subject to the following conditions: (A) a copy of the plan of the harbor line exemption area and a copy of the document whereby the Secretary of the Army shall have appro ved the revised park property line where it diverges from the 1948 Pier and Bulkhead Line as a revised pierhead and bulkhead line shall be filed with the office of the state secretary; (B) said jurisdiction is vested and ceded upon the express condition t hat the Commonwealth shall retain concurrent jurisdiction with the United States of America in and over said newly ceded lands and waters, so far that all civil and criminal processes as may be issued by the authority of the Commonwealth may be executed on said newly ceded lands and waters and in or on any structure erected thereon, in the same way and manner as though this cession had not been made; (C) provided further that title to and jurisdiction over said newly ceded land shall revert to and revest in the Commonwealth whenever said land ceases to be used by the United States of America as a unit of the National Park System; and (D) that concurrent jurisdiction shall be vested upon acceptance by the United States of America when the Director of the Nati onal Park Service files a notice of such acceptance with the governor and the state secretary.
SECTION 4. Notwithstanding sections 14 and 34 of chapter 91 the United States of America is hereby authorized to construct, maintain, and repair pile supported and floating public structures including related utilities, in or over said newly ceded lands and waters in accordance with plans to be filed with and approved in accordance with all other substantive and procedural requirements of chapter 91 of the Genera l Laws and its regulations other than the exemption permitted in this Act from the harbor line requirements of sections 14 and 34 of said chapter 91.
|1/20/2009||House||Transmitted to the State Secretary|
|4/23/2009||House||Returned from the State Secretary|
|4/23/2009||House||Referred to the committee on Environment, Natural Resources and Agriculture|
|6/25/2009||House||Committee recommended ought to pass with an amendment and referred to the committee on House Steering, Policy and Scheduling|
|6/25/2009||House||Committee reported that the matter be placed in the Orders of the Day for the next sitting|
|6/25/2009||House||Read second and ordered to a third reading|
|6/25/2009||House||Read third and passed to be engrossed|
|6/29/2009||Senate||Read; and referred to the committee on Senate Ways and Means|
|7/2/2009||Senate||Committee recommended ought to pass|
|7/2/2009||Senate||Read second, ordered to a third reading, read third and passed to be engrossed|
|7/8/2009||House||Enacted 153 YEAS to 0 NAYS (See Yea and Nay in Supplement,|
|7/14/2009||Senate||Enacted and laid before the Governor 37 YEAS to 0 NAYS (See Senate Roll Call, No. 88)|
|7/23/2009||Governor||Signed by the Governor, Chapter 37 of the Acts of 2009|