The following comment letter was sent on August 17, 2007 to the State Department of Environmental Protection (DEP) from The Boston Harbor Association (THBA).
TBHA's comment letter responds to the recent filing of a development plan by The Fallon Company to develop an office tower on Fan Pier. The comment letter highlights the growing gap between the State's "Chapter 91" public access obligations and the City of Boston's BRA-sanctioned plans for Fan Pier. The City-approved plan would enable private and commercial spaces such as a second-floor, publicly inaccessible day-care center to fulfill the State's civic obligations defined by Chapter 91 as "Facilities of Public Accomodation".
The TBHA comment letter also highlights the insular civic and cultural engagement that has led Seaport insiders to control every square meter of civic and cultural space along the waterfront, from event programming to occupancy of available facilities.
THBA was the sole commenter calling for improvements to the Fan Pier project's fulfillment of its Chapter 91 obligations.
We will be uploading a more readable version of TBHA's comment letter as soon as it is made available.
SAND Comment
Despite the historic compact made by property owners of Boston's filled tidelands to fulfill reasonable public access accomodations, the present generation of property owners and planners make it abundantly clear that Boston ain't Sydney.
To visit a SAND thread of articles regarding the privatization of the water's edge and the ongoing gutting of Chapter 91 public access provisions, click here.
Mr. Ben Lynch
Waterways Program Chief
Department of Environmental Protection
One Winter Street
Boston, MA 02108
RE: Waterways Application No. W136201
Fan Pier Project, South Boston
Dear Mr. Lynch:
The Boston Harbor Association, a non-profit, public interest organization
founded in 1973 by the League of Women Voters and the Boston Shipping
Association to promote a clean, alive, and accessible Boston Harbor, has
been involved for more than two decades in the planning and review of
development proposals suggested for the Fan Pier along the South Boston
waterfront.
As a member of the South Boston Municipal Harbor Planning Committee, The
Boston Harbor Association (TBHA) was actively involved in discussions of
development scenarios of the South Boston waterfront which ultimately lead
to the Secretary's 6 December 2000 Decision on the South Boston Waterfront
District Municipal Harbor Plan. Subsequently, TBHA commented extensively on
the Consolidated Written Determination for the proposed Fan Pier project.
The Boston Harbor Association strongly supports the planned development of
the Fan Pier as approved by the Secretary's Decision on the South Boston
Municipal Harbor Plan and subsequently permitted in the Consolidated Written
Determination (CWD) issued by your office.
Most recently, as required in the Chapter 91 CWD, the Fallon Company, owner
of the Fan Pier site, submitted to your office the Chapter 91 license
applications for the following: a.) Phase I Public Realm Plan; b.) Parcel F;
c.) Parcel H; and d.) Parcel I. Since the parcels are all linked together
in Phase I construction, our comments on the four documents are included in
this one letter.
The project proponent is to be commended for reaching out to a number of
community and advocacy organizations well before the filing of the license
applications, and for incorporating many of the suggestions into his plans.
We highly commend the project proponent for honoring the commitments made by
the previous land owner during the Municipal Harbor Planning process, and
for being consistent with the Secretary's Decision and the Consolidated
Written Determination, thereby simplifying the review process.
As proposed, nearly 3 million square feet of development in nine buildings
on 20 acres (including water) will occur, of which approximately one million
square feet is office use, one million square feet is residential use, and
the remainder is hotel and retail uses in addition to the Institute of
Contemporary Art. A six-acre marina, permanent HarborWalk, Public Green,
and Fan Pier Park, as well as civic and cultural uses on the ground floor of
buildings are some of the public amenities to be phased in over the course
of development of the entire site.
The project proponent has filed documents for Phase I construction,
consisting of office and retail uses on Parcel F; residential and
civic/cultural uses on Parcel H; residential and hotel uses on Parcel I; and
the Phase I Public Realm Plan. Our comments follow:
PUBLIC REALM PLAN
Public Green: Consistent with the Consolidated Written Determination (CWD),
a 75,000 square foot Public Green will be completed upon completion of Phase
I development, with two-thirds of it to be built upon completion of the
first building during Phase I. The 1.75 acre Public Green is "designed as a
central gathering point", will include a "generally open lawn area with
perennial beds, trees and hardscape at its edges to allow for a variety of
uses", and "is envisioned as an area able to accommodate neighborhood
festivals, active recreation as well as passive recreation such as reading,
picnicking or simply enjoying the spectacular view of the proposed marina
and Boston Harbor beyond" (page 24, Phase I Public Realm Chapter 91
Application). To enhance public awareness of the landscaping, we suggest
small signs indicating the types of plantings in the perennial beds,
together with a plat of the plantings (these small signs and plat can be
seen in the plant beds at the adjacent John Joseph Moakley Federal
Courthouse).
We strongly support the Public Green as a gathering space, potentially for
such events as "Taste of the Channel" sponsored by the Friends of Fort Point
Channel. We ask that the Management Plan indicate that the Public Green
will be made available free of charge for public gatherings such as the
"Taste of the Channel", First Night activities, viewing of fireworks, Tall
Ships, and other free events for the general public, similar to the
management of the Public Lawn of the adjacent John Joseph Moakley Federal
Courthouse. We further request that the Management Plan specifically
indicate that because the Public Green is part of the mandated Public Realm,
it will be available to the general public seven days a week, 24 hours a day
(page 24 of the application indicates that lighting will be provided to make
it a safe and inviting environment for pedestrians 24 hours per day), and
will not be closed to the general public for private functions, fundraisers,
weddings, corporate events, and/or any other events which bar the general
public and/or require a fee.
We ask for further clarification regarding "Pier Street Adjacent to the
Public Green" (pages 23 and 24 of the license application). Page 23
indicates that the "section of Pier Street adjacent to the Public Green
shall be designed, managed and maintained as a pedestrian-oriented way",
although we understand that there have been discussions indicating that Pier
Street is a road for automobiles, potentially with two-way traffic. We
strongly support "Pier Street adjacent to the Public Green has been designed
as truly an extension of the Public Green" (page 24 of the application) and
depicted as park/plaza space according to the legend in Attachment C, Figure
1: Updated Plan 4-22 of the license application, and ask that the Management
Plan clearly indicate that it is a pedestrian way and extension of the
Public Green.
Permanent HarborWalk: Currently, an interim ADA-compliant asphalt
HarborWalk segment with benches, trash receptacles, and four examples of
public art depicting the maritime industrial history of the Fan Pier allows
the public to walk from the beautiful permanent HarborWalk segment at the
Moakley Courthouse to the equally attractive HarborWalk segment at the
Institute of Contemporary Art. During Phase I, the interim HarborWalk will
be improved to a permanent condition.
However, the Public Realm License Application makes no mention of public art
nor interpretive signage along the permanent HarborWalk. We urge the project
proponent to walk the abutting HarborWalk segments on either side as well as
view the existing public art on the project site. The Moakley Courthouse
has imaginative historic ship depictions and several well-designed
interpretive signs along the HarborWalk, while the ICA has transparent
panels with poetry along the HarborWalk. At a minimum, the project
proponent should maintain the public art already on site if no additional
public art is contemplated, and provide interpretive signage consistent in
number and quantity with that found on the HarborWalk at the Moakley
Courthouse. Permanent HarborWalk signage is also required as a perpetual
condition, per the Order of Conditions approved by the Boston Conservation
Commission.
Water-Dependent Use Zone: As required in the CWD, the project proponent
will maintain the entire Water-Dependent Use Zone free of
non-water-dependent uses and will make it accessible to the public 24 hours
a day (page 19 of application).
Water Transportation Facilities: In connection with the second building, a
water transportation dock of 160 feet by 30 feet with berths for at least
five water transit vessels will be built by the proponent, as required under
the Consolidated Written Determination, to be used solely for public water
transportation vessels except for interim uses approved by DEP prior to the
commencement of ferry service. We ask that the permitted usage of the dock
as required in the CWD be specifically included in the license so that the
dockmaster is familiar with the allowed uses of the dock.
The CWD requires a shade structure with a seating area and posted ferry
schedules. While the proponent's license application is silent on this
matter, we urge the Department to include this requirement in the license.
The CWD further requires an associated landside ticketing office and waiting
area as part of the second building build out, either in an interim or
permanent location. It is the proponent's intention to include a permanent
ticketing office and waiting area, together with permanent public rest rooms
for the general public, in Building H. However, if the second building is
not Building H, the project proponent will provide the ticketing office and
waiting area either in the lobby of one of the buildings or in a temporary
structure. In all instances, regardless of which building the ticketing
office, waiting area, and public rest rooms are located, we ask that
adequate and prominent exterior signage be provided, and that access to the
ticketing office, waiting room, and public rest rooms must be available
seven days a week from at least dawn to dusk or until the last water
transportation vessel, whichever is later, and in the case of the public
rest rooms, 24 hours a day as required in the CWD.
The CWD further requires that upon the issuance of the certificate of
occupancy for the second building, the proponent will begin the first of ten
annual payments for water transportation operations and services. The
proponent states that expenditures for water transportation infrastructure
will be credited against the required water transportation subsidy, up to $4
million. We strongly support this water transportation subsidy provision,
as additional development in the Seaport District will necessitate all modes
of public transportation to accommodate all the residents, workers and
visitors to the District.
The project proponent has agreed to provide a touch-and-go dock with a pump
out facility, consistent with the CWD requirements for the third building.
We strongly support such a dock, as well as the provision for a pump out
facility, particularly given Boston Mayor Thomas M. Menino's recent
announcement that Boston will be seeking a "No Discharge Area" designation
which will prohibit any treated or untreated discharge into Boston Harbor.
Completion of Civic/Cultural Use: The CWD requires the completion of at
least one of the required civic/cultural uses (ICA, Harbor Islands Gateway,
or Family Multi-Cultural Center) upon completion of the third building of
Phase I. As of December, 2006, this requirement has been satisfied with the
opening of the new Institute of Contemporary Art (ICA) on the Fan Pier.
Aside from an exceptional building, the Institute of Contemporary Art has
done an outstanding job of programming the space to allow the general public
maximum enjoyment and access to both Boston Harbor and to contemporary art.
Admission to the museum is free Thursday evenings, thanks to Target, as well
as free for up to 2 adults accompanied by a child 12 or under on the last
Saturday of each month, thanks to The Fuller Foundation and the JP Morgan
Chase Foundation.
In its first eight months, the ICA has already launched "HarborWalk Sounds",
a free music series performed by Berklee College of Music for all to enjoy
next to the HarborWalk. In conjunction with the Boston Harbor Islands
Partnership, the ICA commissioned four works of art as part of the "Art on
the Harbor Islands" exhibit located on four of the Boston Harbor Islands
through 8 October 2007.
Public Rest Rooms: The CWD requires that the first building provide at
least one rest room accessible to the public 24 hours a day, free of charge,
and regardless of any purchase of goods or services on the project site.
The proponent has agreed to provide a public rest room for the general
public in the ground floor of the first building built. We ask that the
license specify that adequate and prominent exterior signage will be
provided regarding the availability of the public rest room.
Public Realm Management Plan: We ask that copies of the draft Public Realm
Management Plan for Phase I development be provided to those commenters who
request a copy for comment. Besides describing the maintenance schedule and
standards, rules and regulations for the public realm areas, hours of
operation, and staffing, we ask that the plan detail a signage plan to
ensure the public's awareness of the available amenities required by the
CWD, such as public rest rooms and water transportation waiting area;
staffing and/or equipment such as computer monitors and Charlie card
machines for the water transportation ticketing and waiting area (up-to-date
schedules and information are required in the space); programming of the
Public Green for public festivals and other gatherings; and responsibilities
of the dock master.
Besides the operations and maintenance plan, we are particularly interested
in the snow management plan to ensure that water quality is not degraded by
snow removal activities. Because the dumping of snow into Boston Harbor is
prohibited, we ask that the proponent outline the disposal method which will
be used at the Fan Pier, and urge consideration of non-toxic snow melting
compounds.
PARCEL F: OFFICE/ RETAIL USES
The Parcel F building will consist of a 16-floor office tower, street level
retail, and three levels of underground parking. The 493,000 sq. ft., 237
feet high building is located adjacent to the Public Green. We support the
uses in this building, and believe that the mix of ground floor restaurants,
cafes, and variety of shopping opportunities referred to by the proponent as
"lifestyle retail" will serve to enhance the destination value of this site.
The Consolidated Written Determination requires three parcels for
civic/cultural uses, with a minimum of 107,000 sq. ft. to be dedicated to
such uses. The new Institute of Contemporary Art on Parcel J satisfies part
of this requirement. The project proponent notes, "the remaining
requirement for civic/cultural uses is not less than 41,000 sq. ft., which
the CWD anticipates to be in Parcels D and H in approximately a 36%/64%
ratio" (page 5, Attachment A of Parcel F filing).
The project proponent notes that the Boston Children's Museum, the
designated civic/cultural user in Parcel H, has proposed as part of its
Family Multi-Cultural Center an early learning center with a day care
facility. The proponent further notes that there have been discussions
about potentially relocating the early learning center and day care facility
from Parcel H to the second floor of Parcel F (page 5, Attachment A of
Parcel F filing).
We do not believe that the day care facility, nor the location of what is to
be a civic/cultural use on the second floor without first floor access and
prominence, is consistent with the Secretary's 8 December 2000 Decision on
the City of Boston's South Boston Waterfront District. Specifically, the
Secretary's Decision states, "To fully activate the waterfront along Fan
Pier and Pier 4 as a public destination, the MHP now requires approximately
127,000 square feet of permanently dedicated civic and cultural space in
buildings along the water's edge" (page 9 of the Secretary's Decision). The
Secretary's Decision further notes, "a 30,000 sf new family multi-cultural
center in the first two floors of Parcel H, as described in a memo from the
BRA dated November 17, 2000" (page 28 of Secretary's Decision), and
envisioned that the public could easily access the civic/cultural use at the
ground level as they walk from the Public Green or the HarborWalk.
Relocating a civic/cultural use to the second floor of an office building
without any first floor access and without access on weekends and evenings
when the public is most likely to visit a civic/cultural use means that the
general public will not be easily able to access or even see the intended
civic/cultural use.
We ask that the Chapter 91 License not permit this use to satisfy the
civic/cultural use requirement in the Secretary's Decision. As we noted at
the public hearing, a civic/cultural use is a facility of public
accommodation (FPA), but not all FPAs are civic/cultural uses. In the
Commonwealth of Massachusetts, there are extremely stringent requirements
governing day care facilities to protect children from criminal elements as
well as in custody battles, so day care facilities do not welcome the public
into their facilities (even park/open space areas for day care centers must
be restricted to day care users only). We urge that the License emphasize
that the Boston Children's Museum is to provide a civic/cultural facility in
the form of a family multi-cultural center in space on the ground level so
that the public can easily access the facility from the Public Green or the
HarborWalk.
Parcel H: Residential/Civic/Cultural Uses
The Parcel H building will consist of residential/civic/cultural uses above
a three story underground parking facility adjacent to the Public Green.
The ground floor of the 276,000 sq. ft., 175 feet high building will contain
civic/cultural space, currently anticipated to be associated with the Boston
Children's Museum, as well as a ticket office and waiting area for the water
transportation facility and rest rooms available to the general public.
A significant change from the originally approved plan is the shift from
office to residential use of Parcel H. Originally, it had been anticipated
that both Parcel F and Parcel H, bordering the Public Green on each side,
would be office buildings. Public Green has been designed as the gathering
place for activities at the Fan Pier, from such events as "The Taste of the
Channel", to viewing area for fireworks displays, First Night activities,
and free performances to a major water transportation hub. Similar to Rowes
Wharf, these public activities and public gatherings, sometimes in the
evenings and weekends, are best separated from luxury condominiums by office
buildings.
If the Department approves the change from office to residential use on
Parcel H, we ask the inclusion of disclosure statements in sales, ownership,
and leasing documents referencing the public activities proposed in the
Public Green and other parts of the Public Realm and watersheet. We ask
that all recorded deeds and all leases include the above disclosures, as
well as language similar to the following: "Each residential unit has been
designed in anticipation of these public activities, but no representation
is made that noise or other conditions related to public access and
water-dependent uses will not be experienced by unit residents."
To further reduce potential conflicts between the users of the Public Realm
and prospective residents, language similar to the following should be
included in all legal documents, including recorded deeds as well as in all
leases: "A unit resident shall not engage in prohibiting lawful public
access, use of the water transportation ticketing and waiting area, rest
rooms for the general public, a first and second floor civic/cultural use,
exterior public spaces, existing and/or nearby water-dependent uses and
activities. Furthermore, the management entity, or if relevant, condominium
association at Parcel H is prohibited from using any management entity
funds, or if relevant, condominium association funds to restrict lawful
public access, use of the water transportation ticketing and waiting area,
public rest rooms for the general public, a first and second floor
civic/cultural use, exterior public spaces, existing and/or nearby
water-dependent uses and activities."
Because the building will now be residences rather than offices as
originally proposed, the project proponent is requesting the option of
potentially relocating the Boston Children's Museum's civic/ cultural use
which it is defining as an early learning center and child care facility,
from the first two floors of the building to the second floor of Parcel F,
an office building.
Consistent with the recommendations of the Boston Redevelopment Authority
(BRA) as outlined in a 17 November 2000 memo to the state, The Boston Harbor
Association supported the Boston Children's Museum's civic/cultural use in
Building H for several reasons: a.) It provides continual activation of the
watersheet and water's edge starting from the marina next to Parcel J
(Institute of Contemporary Art) continuing through the first two floors of
Parcel H to the public transit dock near the Public Green and continuing
along the east side of Parcels D, E, and F to the tidal pool and Fan Pier
Park closest to the Moakley Courthouse; b.) Parcel H is immediately adjacent
to the Public Green, allowing the public a seamless connection between the
family multi-cultural facility in Parcel H and the abutting Public Green
without having to worry about any roadway in-between; c.) The water
transportation ticketing office and waiting area as well as the required
24-hour free rest rooms for the general public are located in Parcel H, and
locating the family multi-cultural facility in Parcel H creates a "hub" of
public facilities in the same building. Families and visitors to Boston
generally appreciate the convenience of clustering public facilities in one
location.
Conversely, our experience with waterfront condominium associations and its
residents has been mixed. There are a number of residential complexes on
Boston's waterfront which have not encouraged and in certain instances,
worked to discourage public access and activities along the waterfront. By
removing the family multi-cultural facility from the first two floors of the
building, the critical mass of public facilities mandated in the CWD
disappears in what is now proposed to be a residential building. It is not
clear how welcoming the condominium association and its residents will be
towards 24-hour public rest rooms available to the general public, or the
water transportation ticketing and waiting area, and whether the condominium
association and/or its members will attempt to impose conditions on usage
and/or hours of operation (under the CWD, the rest rooms must be available
24 hours/day).
The project proponent has not indicated what will take the place of the
civic/cultural use on the first and second floors of the building, and how
the building will be made welcoming to the general public who use the public
facilities on the ground floor and the adjacent Public Green.
As noted above regarding Parcel F, the Boston Children's Museum's proposed
day care facility does not constitute a civic or cultural use, given the
type of use and given the stringent regulations governing day care centers
in the Commonwealth of Massachusetts.
Finally, it is not clear what hours the interior publicly accessible areas
will be available to the public. Page 18, Attachment A of Parcel H states,
"As part of the operations plan for civic/cultural space and the water
transportation ticketing office an operations and maintenance plan will be
developed consistent with the standards of this residential project.
Applicant will strive to have such facilities open to the public during
normal business hours at a minimum and later into the evening and weekends
as site density warrants."
Normal business hours for the water transportation ticketing and waiting
area and the civic/cultural use is insufficient and inconsistent with the
Secretary's Decision regarding the South Boston Municipal Harbor Plan. The
civic/cultural use, a family multi-cultural use facility operated by the
Boston's Children Museum, is designed for families, the majority of whom
will use the facility on weekends when family members are not working or in
school. Access to this facility needs to be seven days a week. Likewise,
the water transportation ticketing and waiting area also need to be open to
the public seven days a week, given the level of water transportation we are
seeing throughout the Harbor. It should be noted that the Institute of
Contemporary Art, the only building amidst parking lots on the Fan Pier
site, is open six days a week, with evening hours on Thursday and Friday
evenings. Since its opening in December, 2006, the Institute of
Contemporary Art has already surpassed projected attendance levels for its
first year.
PARCEL I: HOTEL/RESIDENTIAL USES
The Parcel I building consists of a 511,000 sq. ft., 226 feet high combined
hotel and residential use. A 17 floor hotel/ residential tower will be
built on top of three levels of parking. Ground floor usage will include
hotel, restaurant, and retail space, with a separate modestly-sized
residential entry/elevator lobby.
We support the proposed uses at this site. We assume that the roadways,
garage entrance and exit, and hotel drop-off will be situated in such a way
so as to not adversely impact the safety or enjoyment of the general public
and families going to and from the Institute of Contemporary Art and the
Boston Children's Museum's civic/cultural use and open spaces north of
Parcel C.
According to the Parcel I filing, "The Applicant anticipates the use of
portions of the exterior Public Realm space (including publicly accessible
sidewalk space) which are adjacent to indoor restaurant spaces or associated
with stand alone kiosks or movable carts, for seasonal outdoor restaurant/
cafe use, charging patrons and customers for food and beverage served there
from, the reservation of such portions for patrons and customers of the
restaurant/cafe only, and the enclosure of such portions of the exterior
Public Realm space, during the period of seasonal operation, with the
minimum enclosure necessary to comply with the requirements of any license
for such restaurant/cafe issued under Chapter 138 for the service of
alcoholic beverages in such outdoor areas" (page 18, Attachment A of Parcel
I filing).
We strongly urge that the exterior seasonal cafe/restaurant be located where
there will be minimal interference with public access and with pedestrian
and bicycle activity, and that every attempt be made to avoid using
accessible (ADA-compliant) sidewalk space so that those who need
ADA-compliant space can access such.
REMAINING ISSUES
Regarding certain technical matters, TBHA concurs with the project proponent
that DEP, in the issuance of a license for the Phase I Public Realm,
confirms that all such below grade structures are authorized by the Chapter
91 License. TBHA also concurs with the project proponent that Below Grade
Structures alone constructed on a parcel do not invoke the phasing schedule
for that parcel. TBHA further concurs with the project proponent that All
Grade Projections such as cornices, roof eaves, architectural decorations,
balconies, awnings, marquees and signs which project beyond the lot line as
approved by the CWD are authorized by the Chapter 91 License.
As required in the CWD for the first building, we ask that a Construction
Period Access Plan be provided to those commenters who request such so that
interested commenters can review the access plan proposed for the
construction period. At a minimum, the Construction Period Access Plan
should ensure that the existing HarborWalk on the Fan Pier project site, the
permanent HarborWalk at the Institute of Contemporary Art, and the Institute
of Contemporary Art are accessible throughout the period of construction,
except when the interim HarborWalk is being replaced by a permanent
HarborWalk segment. This is feasible, since Phase I construction is
occurring closest to Old Northern Avenue, and is consistent with the
construction period access plan filed by other waterfront projects, such as
the Boston Children's Museum and Russia Wharf, where full public access to
the HarborWalk in front of each property was maintained (and in the case of
Russia Wharf, continues to be maintained) during the construction period.
Sustainable Development: Consistent with Mayor Menino's mandate for
sustainable development, we strongly urge the project proponent to seek LEED
certification for all buildings built during Phase I construction.
Thank you for your consideration.
Sincerely,Vivien Li
Executive Director
The Boston Harbor Association
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