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The 192nd General Court of the Commonwealth of Massachusetts


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.