MA Law & Climate Resiliency In The Neighborhood

In 2021, Governor Baker Signed Climate Legislation to Reduce Greenhouse Gas Emissions, Protect Environmental Justice Communities | Mass.gov. In a related move, Massachusetts Environmental Policy Act (MEPA) office made regulatory changes resulting in environmental justice protocols regarding public involvement and project analysis effective January 1, 2022 for Environmental Project Notification (ENF) filings. 

Last week, Massachusetts Department of Environmental Protection (MassDEP) held a Climate Resiliency Stakeholder Outreach Meeting to consider regulatory revisions MA General Law Chapter 91 in response to climate change.

MassDEP Waterways Program is responsible for ensuring public access and the provisions of public benefits in exchange for private use and development of tidelands. Commonwealth tidelands belong to the public. The law requires 50% open space and 75% Facilities of Public Accommodation (FPA) on the ground floor. The Harborwalk is an example of providing public access. FPA or Chapter 91 interior spaces are required for non-water dependent use of waterfront property.  Most well known South Boston waterfront examples are the Institute of Contemporary Art and Grubstreet. FPA spaces can include civic and cultural spaces and restaurants or any spaces that provide goods or services that are open to the public. The current 244 - 284 A Street development along the Fort Point Channel is under Chapter 91 jurisdiction. Next City (BPDA) 244 - 284 A St. Public Meeting is February 15 at 6pm.  

MassDEP February 9, 2022 virtual public stakeholder meeting materials are now available*.

• View Stakeholder Meeting
• View Meeting Presentation

* A meeting summary is forthcoming.

The proposed changes to Chapter 91 regulations focus on the following near term topics and sections:

Engineering and Construction Standards- 9.37
Building Height Provision- 9.51
Expiration & Renewals – 9.25
Simplified Licenses- 9.10 
Expanded License Terms- 9.15
Minor Project Modifications* -9.22
Definition: (Coastal High Hazard)- 9.02 

* Note: Minor modifications are not subject to public review. 

Please send comments on the above near term proposed Waterways climate resilient regulatory changes and any longer-term approaches to DEP.Waterways@mass.gov with the subject line: Chapter 91 / Resiliency.  Comment deadline is February 25th.  

An additional resource for consideration is CLF's Climate Change and the Massachusetts Public Waterfront Act (Chapter 91).

Celebrate Boston's Public Open Spaces By Pitching A Blanket

Last month FPNA invited you to Waterfront Development In Your Neighborhood presented by the Harborfront Neighborhood Alliance in partnership with Conservation Law Foundation (CLF) and Boston Harbor Now, focusing on your rights to public access and amenities along our waterfront. 

This summer CLF and the Boston Waterfront Partners* invite you to pitch a blanket with your friends and neighbors, enjoy games and refreshments, bring a picnic, and learn more about your rights along Boston’s waterfront. Did you know that Massachusetts law grants each of us the right to use open spaces on Boston's waterfront? Getting out and pitching a blanket is a great way to reclaim public spaces in Boston’s Seaport and Downtown Waterfront areas. It's only by actively using our public spaces that we can ensure Boston Harbor remains vibrant and accessible to all – the People's Harbor we all deserve.  

Celebrate Boston's Public Spaces 
Thursday, July 25, 2019
5:30 PM –7 PM 
The Public Green, Seaport District 
1 Marina Park Drive, Boston

Sign Up Here

Please keep in mind that per the rules of the Public Green no dogs are allowed. 

What else can you do?

Know your rights. CLF will be providing “People’s Harbor” tote bags to guests on a first come, first serve basis. Each tote bag will include a USB with copies of the People’s Guide to Chapter 91 in English and in Spanish. 

Get out and enjoy Boston's Waterfront. Use the Boston Harborwalk Map Tool to discover public spaces along the Harborwalk and waterfront. You can find restrooms, green lawns, seating areas, fishing docks and observation decks. You can also look up Chapter 91 licenses and management plans governing access to waterfront public spaces in your neighborhood. 

Take the pledge to Protect the Boston Harbor and the Public Waterfront. 

*FPNA and the Harborfront Neighborhood Alliance are members of the Boston Waterfront Partners along with CLF and many other advocates of our waterfront. 

originally published 7.18.19

CommonWealth Pier (Seaport World Trade Center) To Be Revitalized

Updated 4.3.19: Extended comment deadline 4/12, new IAG meeting 4/10 and 4/2 BCDC design meeting presentation  (details below). 

Pembroke, an international real estate business associated with Fidelity Investments, is proposing to revitalize Commonwealth Pier known for over three decades as the Seaport World Trade Center (SWTC). 

Pembroke introduced the Commonwealth Pier Revitalization Project first at FPNA's Fort Point Seaport Neighborhood Meeting on February 26, 2019. The proposed revitalization of SWTC will modernize and re-position the existing historic building and Pier for expanded use as a place for work, retail, events and active public waterfront experiences within the city's Seaport District. The project will enhance its current uses by replacing the existing exhibition hall with new public realm spaces and improvements and expanded ground-floor retail space, as well as creating new flexible and innovative office space and first-class event spaces. Fidelity Investments will occupy the office space.

Commonwealth Pier is owned by Massport and situated within a designated port area (DPA). The project will undergo the City's Boston Planning & Development Agency (BPDA) Article 80 Large Project Review as well as the MassDEP Waterway Act Chapter 91 licensing process. 

View Commonwealth Pier Revitalization Project Notification & Environmental Notification Form. The document combines the BPDA's Article 80 project notification and Massachusetts Environmental Policy Act (MEPA) environmental notification. 

Upcoming public meetings are:

Impact Advisory Meeting*
April 10, 2019
6:00 pm - 7:30 pm
Seaport Hotel
Liberty Room, Mezzanine Level
1 Seaport Lane

*open to the public to listen

Boston Civic Design Commission
April 2, 2019
5:30 pm - 7:30 pm
Room 900, 9th floor, Boston City Hall
View Presentation

Public Community Meeting

Wednesday March 12, 2019

6 pm - 7:30 pm

Meeting Presentation same as March 11

Impact Advisory Meeting*

Monday March 11, 2019

6 pm - 7:30 pm

Meeting Presentation

*open to the public to listen

BPDA Article 80 Comment Deadline: extended to April 12, 2019
Project Manager: Aisling Kerr
Email: Aisling.Kerr@Boston.gov

MEPA Environmental Notification Comment Deadline: March 12, 2019
Analyst Purvi Patel
Email: Purvi.Patel@state.ma.us

In addition to MEPA's environmental review, there is also a Waterfront Development Plan required as part of Massport's Memorandum of Understanding with Department of Environmental Protection (DEP). The preliminary Commonwealth Pier Waterfront Development Plan can be found here.  

Draft Waterfront Development Plan Comment Deadline: March 22, 2019
Lisa Wieland, Port Director, Massport
Ben Lynch, Waterways Program Director, DEP

The Waterfront Development Plan is a precursor to the proponent's Chapter 91 application. What is Chapter 91? Check out the People's Guide to the Public Waterway Act (Chapter 91) created by CLF.