Session Laws

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. There is hereby established in the city of Beverly a Harbor Management Authority, hereinafter referred to as the Authority. The Authority shall consist of eleven persons, nine of whom shall be appointed by the mayor subject to confirmation by the board of aldermen and two of whom shall be members of the board of aldermen appointed by majority vote of said board. Such members shall to the extent possible be versed in the policy and direction of the Beverly harbor. Those members appointed by the mayor shall serve terms as follows: starting on January first, nineteen hundred and eighty-seven four members shall serve for a three year term, three members shall serve for a two year term and two members shall serve for a one year term. Thereafter all such members shall serve for two year terms.

Those members appointed by the board of aldermen shall be appointed annually. Any vacancy occurring shall be filled for the remainder of the unexpired term. The mayor may, subject to confirmation of the board, appoint such nonvoting members as he may determine and for such terms as he may determine. The mayor shall designate one member as chairperson for a term of two years and may reappoint such person as chairperson. The Authority shall elect a vice chairperson and secretary-treasurer for two year terms.

Six members shall constitute a quorum and the affirmative vote of six members shall be necessary for any action taken by vote of the authority.

The members shall serve without compensation.

SECTION 2. The Authority is hereby authorized and empowered:

(a) To review and comment on all proposed waterfront development projects within the "Waterfront District" zoning district. Comments shall be in written form and forwarded to the appropriate city boards within thirty days of receipt of project applications. The Authority may request drawings, engineering plans or other information from project proponents.

(b) To implement a comprehensive master plan for Beverly harbor to be called the "Beverly Harbor Management Plan". Said plan shall be prepared by the planning department subject to approval by the Authority.

The harbor management plan shall: mandate procedures, controls, and regulations concerning the Federal Channel; establish long-range plans for recreational boating, commercial fishing and water-dependent development projects; confirm the enforcement powers of state and federal authorities; set fees for city-operated facilities; and set fines for violations.

(c) To work with the harbormaster in enforcing the rules and regulations of the Beverly harbor.

(d) To research, publicize and assist in the complementation of rules and regulations of the department of environmental quality engineering promulgated under the provisions of chapter ninety-one of the General Laws and licensing procedures of the Army Corps of Engineers.

(e) To provide for the orderly placement or arrangement of existing and future moorings in the harbor in cooperation with the harbormaster.

(f) To act as liaison between the city of Beverly and the Army Corps of Engineers, division of wetlands and waterways of the department of environmental quality engineering, and the Massachusetts office of coastal zone management; to work directly with the Army Corps of Engineers in determining the future of the federal channel project.

(g) To review and make recommendations on proposed zoning changes for land bordering the Beverly harbor. Such recommendations shall be forwarded in written form to the board of aldermen.

(h) To meet at least once a month.

(i) To make application for, receive and administer grants or subsidized funding from any state and federal agency and to utilize all accepted financial policies to raise revenues for the planning, construction, or financing of any project on the harbor or for the hiring of staff or office and support materials.

(j) To prepare an annual budget. Such budget shall reflect all incoming revenues from harbor related activities and all operating costs.

(k) To expend without further appropriation within the limit of its budget monies received from licensing or permit fees and leasing activities.

(l) To administer the operation of the Public Pier facility and all future public facilities on the Beverly harbor.

SECTION 3. The geographic jurisdiction of the Authority is as follows:-

(a) All areas of the tidal zones, not land areas, but only the tidal zones known as "Trustlands" by the department of environmental quality engineering, in that part of the city zoned "Waterfront District"; and all other tidal zones where moorings or piers exist;

(b) The Federal Channel, within Beverly harbor, as determined by the Army Corps of Engineers;

(c) All current and future mooring areas within the oceanic boundaries, shown on United States Geographic Survey maps, of the city of Beverly.

SECTION 4. The board of aldermen of said city may revoke any and all acts of the Authority by a two-thirds vote taken within thirty days of such act. The Authority shall transmit to the clerk of the board of aldermen the minutes of each meeting within seven days.

SECTION 5. The Authority shall at all meetings provide a period of time for public input.