HOUSE DOCKET, NO. 175        FILED ON: 1/7/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 784

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the middlesex canal commission. ..

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. Section one of chapter 403 of the acts of 1977, as amended by section one of chapter 51 of the acts of 1982, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:-

There is hereby established the Middlesex Canal Commission, hereinafter called the commission, to consist of one member of the House of Representatives to be appointed by the speaker of the house of representatives; one member of the senate to be appointed by the president of the senate; one person, with alternates, to be appointed by the chief administrative official of each of the municipalities of Lowell, Chelmsford, Billerica, Wilmington, Woburn, Winchester, Medford, Somerville, and Boston; the commissioner of the department of conservation and recreation, ex officio, or his designee; the commissioner of the Massachusetts highway department, ex officio, or his designee; the executive director of the Metropolitan Area Planning Council and the executive director of the Northern Middlesex Council of Government. 

Section 2.  Section 2 of said chapter 403 is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The commission will consider the feasibility and make recommendation to the commissioner of the department of conservation and recreation regarding the establishment, ownership and operation of a Middlesex Canal State Heritage Park. 

Section 3.  Section 2 of said chapter 403 is hereby amended by striking out the fourth paragraph, inserted by section 2 of chapter 51 of the acts of 1982, and inserting in place thereof the following paragraph:-

At least 14 days before the appropriate board of a member city or town permits or approves an activity or action within 100 feet of the route of the Middlesex Canal, notice shall be given in writing to the commission.  The appropriate boards shall include, but not be limited to, the city council, board of selectmen, board of aldermen, planning board, zoning board of appeals, conservation commission, historical commission, building or public works department.