310 CMR, § 9.57
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
Clippership Wharf (2002) | |||
310 CMR 9.51(3): Conservation of Capacity for Water-dependent Use (Location of Facilities of Private Tenancy ("FPT"). | "nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline." | FPTs may occupy a portion of the ground floors of nonwater-dependent structures located on private tidelands within 100 feet of the project shoreline (measured from the high water shoreline) and on Commonwealth tidelands, provided that the amount of Facility of Public Accommodation ("FPA") space is greater than or equal to amount of interior space where FPT would otherwise be prohibited; all ground floor FPTs seaward of Marginal Street that would otherwise be for FPAs is for artist live/work space; and does not exceed 12,500 SF of area that would be otherwise required to be FPA. | 1. A minimum of 6,000 SF of additional WDUZ on the western side of the site with associated outdoor programming; offset at 1:2 ratio (FPT:WDUZ). 2. Arts-related ground floor FPA space at the harbor-most end of building on westerly wharf of no less than 2,000 SF at no cost for rental or fit-out for life of the c. 91 license (1:1 ratio). 3. 1,000 SF of FPA space in buildings facing water on western side of site on Private Tidelands (1:1 ratio). 4. 1,000 SF environmental/arts education FPA use on western side of project at no cost for rental and fit-out for license term (1:1 ratio FPT:FPA). 5. 1,000 SF of community FPA space at no cost for rental or fit-out for license term (1:1 ratio on western side, 1:2 ratio -FPT:FPA elsewhere) 6. On Private Tidelands, 5,000 SF of FPA space in buildings facing Lewis Mall (1:2 ratio) |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | Reconfigured WDUZ, provided no loss of area, measured from the project shoreline as defined by the high-water mark along upland shorelines and filled wharves. Public parking for up to two hours allowed in WDUZ on the western pier parallel to and landward of the public way to encourage public use of the site. Minimum width of 100 feet along the high water mark except for area immediately southwest of the Boston Housing Authority ("BRA") Heritage Apartments where it shall be a minimum of 25 feet; a minimum of 100 feet from high water mark along the solid fill wharf ends; minimum setbacks of 45 feet on the western side of the project, 40 feet on the eastern side of the westerly wharf, and 30 feet on the western side of the easterly wharf. | N/A |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | All buildings located along Sumner Street and within 100 feet of the high water mark at the wharf ends shall be no taller than 65 feet in height; landward of the wharf ends building height(s) may increase at the ratio of one vertical foot for every two additional feet from the 100 foot line up to a maximum 80 feet for the entire site, provided all buildings shall be set back a minimum of 100 feet from the high water mark along the solid fill wharf ends, all buildings shall have minimum setbacks of 45 feet on the western side of the project, 40 feet on the eastern side of the westerly wharf, and 30 feet on the western side of the easterly wharf. To accommodate greater floor-to-ceiling dimensions in FPAs, buildings may be up to 86 feet, provided that Net New Shadow ("NNS") is offset. | N/A |
Hodge Boiler Works (2002) | |||
310 CMR 9.51(3)(b): Conservation of Capacity for Water-Dependent Use (Location of facilities of private tenancy and facilities of public accommodation) and 310 CMR 9.53(2)(c): Activation of Commonwealth Tidelands for Public Use (Interior facilities of public accommodation) | "nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline." | FPTs may occupy a portion of the ground floor of non-water-dependent structures located within 100 feet of the project shoreline, provided that the total area of ground floor FPA space is greater or equal to the amount of interior space where FPT would otherwise be prohibited; at least 50% of the FPA SF must be at the ground level of any non-water-dependent use structure located within 100 feet of the project shoreline adjacent to LoPresti Park; and no FPA SF is used to offset the SF for other non-water-dependent use structures within 100 feet of the project shoreline. | N/A |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | "new or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone..." | Reconfigured WDUZ, provided no loss of area, measured from the project shoreline as defined by the high-water mark along upland shorelines and filled wharves. Minimum setback is 75 feet except for the shoreline corner in common with LoPresti Park, where it may be 40 feet and, in order to accommodate a nonwater-dependent use public activity structure at the London Street extension, 25 feet. | N/A |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | All buildings located along Sumner Street and within 100 feet of the high water mark at the wharf ends shall be no taller than 65 feet in height; landward of this line, building height(s) may increase at the ratio of one vertical foot for every two additional feet from the 100 foot line up to a maximum 80 feet for the entire site, provided all buildings shall be set back a minimum of 100 feet from the high water mark except at the corner shared with LoPresti Park, where the setback may be 40 feet. To accommodate greater floor-to-ceiling dimensions in FPAs, buildings may be up to 86 feet, provided that NNS is offset. | N/A |
Plan-wide (2002) | |||
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-Dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | Require a dedicated 20-foot wide public walkway around the South River, of which a minimum of ten feet shall be an unobstructed pathway. The inland ten feet will be used for landscaping and accessory amenities to enhance the general public's waterfront experience. Applies only in the South River Waterfront Sub-area | The substitution directly benefits the public through improved access of 20 feet instead of ten feet. No additional offsetting benefit is required. |
6-26 New Street (2008) | |||
310 CMR 9.51(3)(b): Conservation of Capacity for Water-Dependent Use (Location of facilities of private tenancy and facilities of public accommodation) | "nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline." | Up to approximately 1,200 square feet of interior and exterior non-water dependent Facilities of Private Tenancy will be allowed to be located within 100 feet of the project shoreline, but not less than 70 feet from the project shoreline. | At least an equivalent area of Facilities of Public Accommodation (FPA) will be provided adjacent to other FPA space on the site, expanding the location of FPAs beyond 100 feet of the project shoreline. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-Dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | The minimum width will be widened to 12 feet (10 feet clear). These enhancements shall replace the existing standard of 10 feet. | N/A |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus 1/2 foot for every additional foot of separation from the high water mark. | Allow non water-dependent buildings up to a height of 70 feet within 100 feet landward of the high-water mark in locations as generally indicated in the plans diagrams. Appurtenant to the nine-story building redevelopment project, facade treatments, fenestration, and exterior or enclosed balconies will be allowed up to the top of the existing structure and shall be considered part of the building footprint. | N/A |
102-148 Border Street (2009) | |||
310 CMR 9.51(3)(b): Conservation of Capacity for Water-Dependent Use (Location of facilities of private tenancy and facilities of public accommodation) | "nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline." | "nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline." | A minimum of 25% of the ground floor (excluding upper floor accessory uses) shall be devoted to Facilities of Public Accommodation, including but not limited to: gallery, archway, exhibition space, teaching space, maritime history interpretive exhibit space, community meeting room, and community center. These facilities will be located within the ground floor to effectively promote public use and enjoyment of the project site. The facilities will be managed and programmed to establish the project as a year-round locus of public activity. The McKay Community Gallery will be provided in accordance with the Plan, built-out and rent-free for the license term and the public archway shall be provided in accordance with the Plan. |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | "new or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone..." | A reconfigured WDUZ will be established that will allow a minimum setback from the project shoreline of 25 feet for buildings containing nonwater-dependent uses, as shown in the plans and diagrams in the Plan, while maintaining at least the same overall area (approximately 22,806sf) as the standard requirement. | The reconfigured WDUZ will provide setbacks along the waterfront and Harborwalk and setbacks in different areas of the site that are contiguous to the DPA and the proposed historic maritime interpretive area. There shall be no loss of WDUZ area. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-Dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | At a minimum, the pedestrian access network shall be no less than 12 feet wide, with 10 feet clear of an obstruction. | N/A |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | The height of new or expanded buildings for non-water-dependent uses shall not exceed 85 feet as shown in the Plan's massing and building diagrams. | Provisions of at least 2,201 SF of open space in addition to the standard requirement (1:2 open space-shadow ratio) that shall include paved pedestrian access, amenities such as benches and special landscaping features, and public recreational features to promote public access and use. |
125 Sumner Street (2009) | |||
310 CMR 9.53(2)(c): Activation of Commonwealth Tidelands for Public Use (Interior facilities of public accommodation) | "the project shall include interior space to facilities of public accommodation other than public parking, with special consideration given to facilities that enhance the destination value of the waterfront by serving significant community needs...such space shall be at least equal in amount to the square footage of all Commonwealth tidelands on the project site within the footprint of buildings containing nonwater-dependent facilities of private tenancy..." | Permit facilities of private tenancy to occupy 75% of the ground floor (excluding upper floor accessory uses), provided that the site remains under the ownership or control of the Boston Housing Authority with the primary purpose to provide affordable housing to City residents. | A minimum of 25% of the ground floor (excluding upper floor accessory uses) shall be devoted to facilities of public accommodate including, but not limited to: gallery, exhibition space, maritime history interpretive exhibit space, community meeting room, and community center. These facilities will be located within the ground floor to effectively promote public use and enjoyment of the project site. The facilities will be managed and programmed to establish the project site as a year-round locus of public activity. |
Regulatory Provision | Chapter 91 Standard | Approved Amplification | Implementation Mechanism |
6-26 New Street (2008) | |||
310 CMR 9.53(2)(b): Activation of Commonwealth Tidelands for Public Use (Exterior open space for public recreation) | "the project shall include exterior open space for active or passive recreation, examples of which are parks, plazas and observation areas; such open spaces shall be located at or near the water to the maximum reasonable extent..." | The location of the open space features that serve to activate the public open space on the site may be distributed within both Commonwealth and private tidelands in a manner that will enhance interest, access, and use. Additional activation of the Harborwalk and waterfront open space will be provided through the use of historic interpretive elements and displays. The particular type and location of exhibits will be appropriate to this particular location in the harbor and will follow guidance provided in Section 9 and Appendix 1 of the Plan Amendment. | Plan Amendment Appendix 1, Section 9 |
Planning Principle/Priority | Decision Standard | Implementation Mechanism | Notes |
6-26 New Street (2008) | |||
Preserve and enhance capacity of DPA for Water-dependent industrial use ("WDIU") | Preserve and enhance capacity of DPA for WDIU | Removal or restoration of all on-site piles (both DPA and non-DPA watersheet areas); site-wide reconstruction of all deteriorated sections of the bulkhead; and inclusion of a permanent vehicular access route from New or Sumner Street to the DPA and WDUZ; provision of buffer between uses; provision of language in lease forms or deeds regarding existence of WDIU; docking facility for water taxi; site improvements for DPA area to be accessible. | N/A |
102-148 Border Street (2009) | |||
Preserve and enhance capacity of DPA for WDIU | Preserve and enhance capacity of DPA for WDIU | Additionally, DPA improvements at the site will enhance water-dependent uses: * Removal of dilapidated pile fields * Restoration of seawalls and adjacent surfaces * Regrading and remediation of site * Language in lease forms with notice of nearby WDIU * Use of appropriate construction materials for the non-water dependent ("non-WD") building to mitigate adverse impacts of neighboring WDIU * Provision of buffer land uses along the ground floor of the non-WD building | |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
500 Atlantic Avenue (2002) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Allows building heights up to 55 feet in the Height Zone 1 (0 to 35 feet from the high water mark); 63 feet in Height Zone 2 (35 to 70 feet); 132 feet in Height Zone 3 (70 to 79 feet); and 239 feet in Height Zone 4 (more than 79 feet) to the cornice line height of the maximum habitable space. | N/A |
Plan-wide (2002) | |||
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-Dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | At a minimum, the pedestrian access network shall be no less than twelve feet wide, with ten feet clear of an obstruction. | N/A |
Russia Wharf (2004) | |||
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
310 CMR 9.51(3)(c) Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | To accommodate the preservation of the historic structure, a reconfigured WDUZ that results in a loss of not more than 2,700 SF of WDUZ. | N/A |
310 CMR 9.51(3)(d): Conservation of Capacity for Water-Dependent Use (Lot coverage) | At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | To accommodate the preservation of the historic structure, approximately 65,130 SF may be occupied by the redevelopment of structures within the existing footprint with slight alterations. | Secondary ramping system to Channel Walk West from the Fort Point Channel Watersheet Activation Plan ("FPCWAP"), Congress Street Bridge Lighting Project; improvements to Congress Street sidewalk; and provision of interpretive signage (Historic Piers Network Plan), combined value of $1,125,000 |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | The roof of the highest occupied floor of 395 feet, provided that the elevation of the existing Tufts roof (91 feet) shall be maintained for a horizontal distance 15 feet landward of the present mean high water line and increase at the rate of 4.5 vertical feet for each additional foot landward to a maximum height of 395 feet. | Additional FPA space (25,000 SF more than required under c. 91), including two of the FPA spaces as SPDFs (6,0000-7,000 SF total); $1,000,000 to implementation of FPCWAP and maintenance of Children's Wharf Park (1/2 each). |
Russia Wharf and Plan-wide (2004) | |||
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-Dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width." | At a minimum, the pedestrian access network shall be no less than twelve feet wide, with ten feet clear of an obstruction. | N/A |
Table 2. Summary of Amplifications.
Regulatory Provision | Chapter 91 Standard | Approved Amplification | Implementation Mechanism |
Russia Wharf and Plan-wide (2004) | |||
310 CMR 9.53(2)(a), (c), and (d): Activation of Commonwealth Tidelands for Public Use (Facilities for water-based public activity, interior facilities of public accommodation, management plan) | The project shall attract and maintain substantial public activity on the site on a year-round basis, through the provision of water-related public benefits of a kind and to a degree that is appropriate for the site, given the nature of the project, conditions of the waterbody on which it is located, and other relevant circumstances. Where there is a WDUZ, the project must include at least one facility that promotes water-based public activity; the project shall devote interior space to FPAs; and the project shall include a management plan. | * Where there is a WDUZ, the project shall provide at least one facility recommended by the FPCWAP that promotes water-based public activity in the WDUZ or provide a monetary contribution for implementation of the FPCWAP. * The project shall devote interior space to FPAs with special consideration given to facilities that enhance the year round destination value of the waterfront. * Management plan for water-based activities. | FPCWAP, Section III.C and Section V of the Decision, |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
Charlestown Navy Yard (1991) | |||
310 CMR 9.51(3)(d): Conservation of Capacity for Water-Dependent Use (Lot coverage) and 310 CMR 9.53(2)(b) Activation of Commonwealth Tidelands for Public Use (Exterior open space for public recreation) | At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | Within the Charlestown Navy yard, the aggregate of open space of all lots in the subdistrict exclusive of the Historic Monument Area must be equal to or greater than 50% (excluding roads and surface parking) at all times. | N/A |
310 CMR 9.53(2)(c): Activation of Commonwealth Tidelands for Public Use (Interior facilities of public accommodation) | "the project shall include interior space to facilities of public accommodation other than public parking, with special consideration given to facilities that enhance the destination value of the waterfront by serving significant community needs...such space shall be at least equal in amount to the square footage of all Commonwealth tidelands on the project site within the footprint of buildings containing nonwater-dependent facilities of private tenancy..." | Any project with more than 10,000 SF of floor area must include at least 40 percent of the ground floor to public facilities (not including public parking). | Requirement 4a |
Charlestown Gateway and North End (1991) | |||
310 CMR 9.53(2)(c): Activation of Commonwealth Tidelands for Public Use (Interior facilities of public accommodation) | "the project shall include interior space to facilities of public accommodation other than public parking, with special consideration given to facilities that enhance the destination value of the waterfront by serving significant community needs...such space shall be at least equal in amount to the square footage of all Commonwealth tidelands on the project site within the footprint of buildings containing nonwater-dependent facilities of private tenancy." | Any project with more than 10,000 SF of floor area must include at least 40 percent of the ground floor to public facilities; at least 50 percent of the ground floor spaces within all buildings containing nonwatery-dependent FPTs on pile-supported structures on flowed tidelands shall be FPAs in accordance with Requirement 8 not including public parking; and any project with non-water-dependent use containing ground floor interior public space within 100 feet of a project shoreline, such space is for FPAs unless an alternative location would promote public use and enjoyment of the project site in a clearly superior manner, is necessary for upper floor accessory services, or is appropriate to accommodate or to avoid detriments to WDU. | Requirement 4b-c |
Charlestown Navy Yard, Charlestown Gateway, and North End (1991) | |||
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | 35 feet along shoreline and ends of piers, 12 feet along sides of piers based upon existing or new pile-supported structures that meets the criterion of 310 CMR 9.32(1)(a)(3); otherwise computed in accordance with 310 CMR 9.51(3)(c), but not less than 25 feet from the ends and not less than 10 from the sides; and only if such reconfiguration promotes public use or other water-dependent activity in a clearly superior manner with no net loss of area and in accordance with a specific plan for vessel-related programming or a set of guidelines for determining sufficient setback space for various types of water-based activity | Requirement 5 |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | * 75 feet for Sargents and Tudor Wharf; * 90-135 feet on Parcel 4/4A and 125-155 feet on Parcel 6/7 (Charlestown Navy Yard) | Development and contribution/compliance with a special mitigation program to avoid or minimize adverse wind, shadow, and other impacts to ground-level environment (the program shall specific standards, guidelines, or other parameters to serve as a framework for reaching appropriate mitigation decisions). |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | "nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline." | FPTs over flowed tidelands are allowed only at the following locations: * Battery Wharf (North End) * Tudor Wharf (Charlestown Gateway) * Pier 5 (Charlestown Navy Yard) Provided that all buildings are no higher than 55 feet and conform to setback requirements of 5(a-c), and site coverage limits of 310 CMR 9.51(3)(d); no more than 50% of ground floor within such buildings may be occupied by FPTs, including upper-floor accessory uses, and no parking is seaward of high water mark; residential uses only on Battery Wharf and Pier 5, but not at ground level and only on the second level if accompanied by a commensurate increase in one or a combination of public open space, building setbacks, interior facilities of public accommodation, or water-based public activities; and shall avoid conflict/minimize incompatibility with nearby water-dependent and/or public activities. | Requirements 7 and 8: Harborpark Plan must be revised to include one or more plans to develop a network of SPDFs within interior spaces along or near the Harborwalk, primarily at the ground level. |
226 Causeway (1999) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Maximum height of 155 feet to the top of the highest occupiable floor, insignificant net new shadow and no significant deterioration in wind conditions. | Maintenance of Port Park (DCR) for the term of the c. 91 license; fall and spring clear-up of the Prince Street Park for ten years; 13,000 SF of FPAs on building ground floor; provisions for the sale of tickets for ferry/water transportation in the building lobby; additional landscaping, planting along 226 Causeway Street; 10% of residential units for affordable housing for 20 years (14 of which are restricted for elderly tenants for indefinite tenancy). |
Lovejoy Wharf (2006) | |||
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the water-dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | At a minimum, the pedestrian access network shall be no less than 12 feet wide, with ten feet clear of an obstruction. | N/A |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | Reconfigured, no net loss: minimum 76 feet from seaward edge of wharf, except for a 15 feet to accommodate Pavilion building on easterly portion of site (which will include upper level public viewing platform, foot access via interior and exterior stairways, and handicapped access via elevator). | N/A |
310 CMR 9.51(3)(d): Conservation of Capacity for water-dependent Use (Lot coverage) | At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | All exterior space not within the footprint of the buildings (42,949 SF) or the Pavilion (5,819 SF) shall be open space and all open space seaward of the building shall be for pedestrian use only. | 4,429 SF of upper level terrace on the Pavilion with associated public access (see WDUZ requirement), public restrooms, and ground level, rent-free space for a visitor center or other public use. |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Heights ranging from 115 feet to 155 feet (to the roof of the highest occupiable floor) as shown in municipal harbor planning area (MHPA), provided wind meets Boston Redevelopment Authority's (BRA) standards and minimal NNS. | $150,000 annual water transportation facility operations subsidy for five years, maintenance of dock and shoreside facility for ten years. |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
Plan-wide (2000, not including 100 Acres Master) | |||
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the water-dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | At a minimum, the pedestrian access network shall be no less than 12 feet wide, with ten feet clear of an obstruction. | N/A |
310 CMR 9.51(3)(b): Conservation of Capacity for water-dependent Use (Location of facilities of private tenancy and facilities of public accommodation) and 310 CMR 9.53(2)(b)1.: Activation of Commonwealth Tidelands for Public Use (Exterior open space for public recreation) | At a minimum, at least 50% of the project site must be reserved as open space for water-dependent activity and public access. The open space must be located on land (i.e., cannot include watersheet) and be accessible to the general public at all times. On Commonwealth Tidelands, a maximum of 50% of the required open space (i.e., 25% or more of the total project site) can be devoted to streets and ways. | All projects within the harbor planning area must comply, at a minimum, with the 50% open space area requirements of the Waterways Regulations. However, only a maximum of 20% of the lot area can be devoted to streets and ways, and surface parking lots are not allowed. | N/A |
310 CMR 9.53(2)(c): Activation of Commonwealth Tidelands for Public Use (Interior facilities of public accommodation) and 310 CMR 9.02: Definitions (Facilities of private tenancy and facilities of public accommodation) | A project within Commonwealth Tidelands must provide Facilities of Public Accommodation on the ground floor of all buildings containing Facilities of Private Tenancy (FPTs). At a maximum, ground floor accessory uses to upper floor FPTs must not exceed 25% of the area of the building footprint. | The amount of ground floor space that can be devoted to upper floor FPT accessory uses cannot exceed 20% of the building footprint. Further, residential lobbies and entrances cannot front along the waterside of any building(s). | N/A |
Fan Pier (2000) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Moving landward from WDUZ, proposed height zones increase from 175 feet to 250 feet to 275 feet and 300 feet along Old Northern Avenue and Courthouse Way, except for Parcels H (175 feet) and J (75 feet). | * 42,400 square feet of additional open space, in excess of 50% of the site area, at a ratio of 2:1; * Approximately 21,000 square feet of publicly accessible space on the surface of the breakwater, at a ratio of 1:1; * 15,500 square feet of the footprint of the civic building on Parcel J, at a ratio of 1:1; and * Approximately 30,000 square feet of pedestrian-usable open space, calculated as part of the 20% of the site area that could be devoted to streets and ways, at a ratio of 1:1. If other offsets are required under the formula, they may be provided from any of the above categories. In addition, the following offsets may be used: * No more than 15% of the total allowable offset in the form of water transporta-tion benefits in excess of the baseline Chapter 91 requirements; and * No more than 10% of the total allowable offset as improvements to water-related public access facilities within the Boston Harbor Islands National Park Area. |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | * 150 feet along fan edge * 60-75 feet along cove edge * 30 feet (preference for 40 feet) along civic site * No net loss of WDUZ area | N/A |
Pier 4 (2000) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Landward of a 200-foot no-build zone at the seaward end of the pier, heights may increase from 100 feet to 170 feet to 250 feet. | 200-foot no-build zone and 1 SF of open space for every 2 SF of NNS |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | * 46 feet along cove edge * 100 feet at seaward end of pier (with additional 100 feet as height offset) * 26 feet along easterly edge of Pier 4 * No net loss of WDUZ area | N/A |
McCourt/Broderick Parcels A, B, C and D | |||
310 CMR 9.51(3)(c): Conservation of Capacity for Water-Dependent Use (Water-dependent use zone) and 310 CMR 9.51(3)(d): Conservation of Capacity for Water-Dependent Use (Lot coverage) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | No open space is required | Parcel E (approximately 8,100 SF) will be 100% public open space; open space requirements for Parcels A-D, F shall be aggregated on Parcel E at a 1:1 ratio until Parcel E is completed and then at a 1.25:1 ratio on the McCourt Fan Pier Gateway Project property (i.e., outside of jurisdiction, thus 25% more open space), all of which shall be located adjacent to land subject to c. 91 jurisdiction and with a visual connection to the waterfront; all open space must be standards for open space on Commonwealth Tidelands and provided concurrent with impacts of individual projects. |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-Dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Parcel A: 200 feet Parcels B and C: 250 feet Parcel D: 75 feet | For Parcels A-C: 1 SF of open space for every 2 SF of NNS No offset for Parcel D |
Barking Crab (2000) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | 75 feet | |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | 12 feet wide coincident with public access structure, which may be an interior arcaded walkway within the first floor of the new structure | N/A |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) and 310 CMR 9.51(3)(d): Conservation of Capacity for Water-dependent Use (Lot coverage) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | No open space is required. | Payment into open space fund. |
310 CMR 9.51(3)(b): Conservation of Capacity for water-dependent Use (Location of facilities of private tenancy and facilities of public accommodation) | "...nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline..." | FPTs allowed on pilesupport structures, except on the first, second and top floors; all structures must be within the existing pile field FPTs allowed on second floor if the exterior docking facilities, marine services, and interior space dedicated to WD uses are fully retained. | Top floor public observation area (100% of the gross floor area (GFA) on the top floor), capable of being enclosed for all-season use; with appropriate amenities; fully accessible; identified prominently by signage; no purchase required. |
Fort Point Historic North District (2000) | |||
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) and 310 CMR 9.51(3)(d): Conservation of Capacity for Water-dependent Use (Lot coverage) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | No open space is required. | 1) The City-owned parcel located on Sleeper Street, immediately adjacent to the MBTA Mitigation Park and Parcel "E", should be designated as the specific locus for investment of the Open Space Fund, unless the City can propose an alternative site that meets the same standards. 2) 33 Sleeper Street, 11-13 Sleeper Street, and 321-323 Congress Street shall participate in the City's Open Space Fund as provided in the MHP, in accordance with the schedule of contribution proposed in the MHP. 3) The Open Space Fund contributions of 33 Sleeper Street, 11-13 Sleeper Street, and 321323 Congress Street should be used specifically for the design and construction of open space on the City-owned Sleeper Street parcel, compatible with and supplemental to open space designs for the MBTA Mitigation Park and Parcel "E". 4) At a minimum, the final design and construction of open space provided to meet these requirements shall satisfy the Chapter 91 standards for open space located on Commonwealth Tidelands. 5) All open space commitments must be provided concurrent with the individual development projects. However, overall project work may be phased; for example, one project's contribution may be sufficient to fund the design of a proposed open space, with construction dependent upon contributions from other projects. If necessary, any shortfall in funding beyond the project-specific contributions shall be made up from other sources to fully complete the design and construction of designated open spaces. 6) The City shall develop a system that accounts for the status of the aggregation program, and shall maintain a running balance of the parcel to which open space funds are to be credited. Using this open space accounting system, the City shall include a certification of open space status to DEP as part of its Section 18 recommendation on Waterways licenses. |
Fort Point Historic South and Industrial Districts (2000) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Historic South District: 150 feet south of Summer Street and 100 feet for remainder of district, except at 60 Necco Court, which is limited to 80 feet. | NNS offset at 2:1 ratio |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | 18 feet along edge of Fort Point Channel for 60 Necco Court, no net loss of WDUZ area in rest of Fort Point Historic South District. | N/A |
ICA (2002) | |||
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; Plan may specify alternative setback distances and other requirements which ensure that new buildings for nonwater-dependent use are not constructed immediately adjacent to a project shoreline, in order that sufficient space along the water's edge will be devoted exclusively to water-dependent activity and public access. | Fourth-floor gallery space may cantilever over WDUZ at least 40 feet vertically above grade. | N/A |
310 CMR 9.53(2)(b): Activation of Commonwealth Tidelands for Public Use (Exterior open space for public recreation) | At a minimum, at least 50% of the project site must be reserved as open space for water-dependent activity and public access. The open space must be located on land (i.e., cannot include watersheet) and be accessible to the general public at all times. On Commonwealth Tidelands, a maximum of 50% of the required open space (i.e., 25% or more of the total project site) can be devoted to streets and ways. | Public grandstand setback approximately 24 feet from project shoreline, not less than 74 feet from the project shoreline to the structure at the northeastern edge of the building and not less than 68 feet from the project shoreline to the northwestern edge of the building. | N/A |
100 Acres (2009) | |||
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | "New or expanded buildings for non water-dependent use... shall not be located within a water-dependent use zone". The WDUZ in the MHP area includes a setback for non-water dependent uses that would vary from 80 to 100 feet, depending upon location and characteristics of projects that may be proposed." | An alternative WDUZ will be established that generally increases the minimum setback to 110 feet from the project shoreline, except for that portion of the planning area between the Fort Point Channel and 60 Necco Court which will have a setback of 18 feet. | The reconfigured WDUZ will provide at least the same land area as would occur under the standard provisions. The WDUZ is larger throughout most of the planning area and will enhance public access and enjoyment of this area of the waterfront. No net loss of WDUZ will occur. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the water-dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | The minimum width will be widened to 18 feet clear in areas where the WDUZ is at least 100 feet wide and 12 feet clear along the remainder of the shoreline. | The substitution directly benefits the public through enhanced access (open 24 hours/seven days per week); no offsetting public benefit is required. |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus 1/2 foot for every additional foot of separation from the high water mark. | Allow non water-dependent buildings ranging in height from 80 feet to 180 feet. | The substitution results in a required offset for net new shadow. The proposed offset is additional public open space. This offset is permitted on a 1:2 ratio of additional open space to net new shadow. |
150 Seaport Boulevard (2016) | |||
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus 1/2 foot for every additional foot of separation from the high water mark. | Allow height up to 250 feet Proposed building will create 16,640 sf in net new shadow. | $1.5 million to improve open space within or adjacent to the South Boston MHP planning area, specifically Martin's Park at Children's Wharf. Interior public waiting area and reception space on the ground floor of the proposed development integrated within the general lobby areas, including amenities and programming described above with clear signage on the interior and exterior of the building. |
310 CMR 9.51(3)(d): Conservation of Capacity for water-dependent Use (Lot coverage) | At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | Up to 75% lot coverage may be permitted. | |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | "New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone". On the Development Site, the required WDUZ would total 5,768 sf. | The required WDUZ dimensions may be reconfigured as long as a minimum width of ten feet is maintained along the project shoreline and as long as the modification results in no net loss of WDUZ area. | The reconfigured WDUZ will include the ten ft. setback from the existing project shoreline (except that area which is under the cantilevered balcony areas) and one of two alternative areas of approximately 2,000 sf described above, with a preference for "Massport Wharf". |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
100 Acres (2009) | |||
310 CMR 9.52: Utilization of Shoreline for Water-dependent Purposes | "A facility that promotes active use of the project shoreline and requires the provision of a pedestrian network of a kind and to a degree appropriate for the project site." | The amplification of these requirements directs the implementation of these regulations to the provision of the boating dock facility and pedestrian network envisioned in the Fort Point Channel Watersheet Activation Plan. Additional activation of the Harborwalk and waterfront open space will be provided through the use of historic interpretive elements and displays. The particular type and location of exhibits will be appropriate to this particular location in the harbor, and will follow guidance provided in Section 9 and Appendix 1 of the Plan. | FPCWAP and South Boston Waterfront District Municipal Harbor Planning Area (SBWDMHPA), Section 9 and Appendix 1 |
310 CMR 9.53: Activation of Commonwealth Tidelands for Public Use | Nonwater-dependent use projects located on Commonwealth Tidelands must promote public use and enjoyment of such lands to a degree that is fully commensurate with the proprietary rights of the Commonwealth and that ensures that private advantages of use are not primary merely incidental to the achievement of public purposes. | The amplification of this requirement will provide public benefits recommended by the Fort Point Channel Watersheet Activation Plan in the WDUZ and adjacent watersheet to promote public uses and enjoyment of Commonwealth tidelands. | FPCWAP |
150 Seaport Boulevard (2016) | |||
310 CMR 9.53(2)(b): Activation of Commonwealth Tidelands for Public Use (Exterior open space for public recreation) | At a minimum, at least 50% of the project site must be reserved as open space for water-dependent activity and public access. The open space must be located on land (i.e., cannot include watersheet) and be accessible to the general public at all times. On Commonwealth Tidelands, a maximum of 50% of the required open space (i.e., 25% or more of the total project site) can be devoted to streets and ways. | 5,000 SF of exterior open space on a deck beyond the existing project shoreline. | Easements with Massport |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | New or expanded buildings shall not exceed 35 feet in height above Base Flood Elevation within the Harbor Village District (HVB) Overlay District. | No offset is required because, no new or expanded non-water dependent buildings will be greater than the waterways maximum numerical standard of 55 feet in height. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the water-dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | Walkways within the HVB Overlay District shall be along the entire length of the water-dependent use zone adjacent to the project shoreline and shall be no less than 25 feet in width. | N/A |
Regulatory Provision | Chapter 91 Standard | Substitution | Offsetting Measures |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | "New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone". On the Development Site, the required WDUZ would be 100 feet from the southernmost shoreline along the Mystic River, 85 feet along the embayment, and 100 feet from the northern portion of the shoreline along the embayment. | The required WDUZ dimensions may be modified as long as a minimum width of 25 feet is maintained along the project shoreline and as long as the modification results in no net loss of WDUZ area. | The reconfigured WDUZ will provide at least the same land area as would occur under the standard provisions. A minimum of 25 feet will be maintained along the project shoreline and only Facilities of Public Accommodation will be allowed on the ground floor of any portions of buildings that are located within 50 feet of the project shoreline. No net loss of WDUZ will occur. |
310 CMR 9.51(3)(b): Conservation of Capacity for Water-dependent Use (Location of Facilities of Private Tenancy and Facilities of Public Accommodation) | "...nonwater-dependent Facilities of Private Tenancy shall not be located on any pile-supported structures on flowed tidelands, nor at the ground level of any filled tidelands within 100 feet of the project shoreline..." | Lower Broadway: FPTs may be allowed within 100 feet of the shoreline. | At least an equivalent area of Facilities of Public Accommodation as required by the regulations will be provided elsewhere on the site in appropriate locations to effectively promote the public use and enjoyment of the project site. FPTs are not allowed within 50 feet of the project shoreline. |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Wynn Everett: Allow heights up to 55 feet in Area A and up to 400 feet in Area B, as shown in Figure 2. Lower Broadway: Allow heights up to 105 feet in Area A and up to 150 feet in Area B, as shown in Figure 2. | Where increased heights result in net new shadow, one square foot of new/additional open space beyond what is required in the Waterways regulations will be provided in the Harbor Planning area within or immediately adjacent to jurisdiction for every one square foot of net new shadow. |
310 CMR 9.51(3)(d): Conservation of Capacity for Water-dependent Use (Lot coverage) | At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | Up to 60% lot coverage (resulting in 40% open space) may be permitted. | For Lower Broadway scenario development exceeding 50% lot coverage, one or more of the following open space improvements or public amenities must be provided: As a first priority, and to be pursued before alternative offsets below, unless proven unfeasible due to property ownership or other restrictions, construct and maintain a continuous landscaped pedestrian/bicycle connection between on-site riverfront pathways and DCR open space at Gateway Park, including a minimum of 50,000 square feet of off-site open space located on the MBTA-owned peninsula along and underneath the commuter rail line and/or other portions of the Gateway Center property. For Wynn scenario development, and if the priority offset above is not feasible for the Lower Broadway scenario, one or more of the following should be provided (in prioritized order) to equal at least the amount of lot coverage in excess of the 50% baseline: * For the first 10,000 square feet, provide and maintain a facility to provide river access by boat in Gateway Park (such as a canoe/kayak launch); * For the next 20,000 square feet, provide and maintain a fishing platform or pier with associated amenities; * For the next 10,000 square feet, provide and maintain 3,000 linear feet of improved walking and/or bicycle paths in Gateway Park, widened to a minimum of ten feet clear; and * For every remaining one square foot, provide 25 square feet of ongoing maintenance of DCR facilities and/or property in the planning area which is not already maintained by Gateway Center. |
Plan-wide (2009, 2014) | |||
Regulatory Provision | Chapter 91 Standard | Substitution | Offsetting Measures |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; except as provided below, the width of said zone shall be determined as follows: 1. along portions of a project shoreline other than the edges of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the weighted average distance from the present high water mark to the landward lot line of the property, but no less than 25 feet; and 2. along the ends of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the distance from the edges in question to the base of the pier or wharf, but no less than 25 feet; and 3. along all sides of piers and wharves, the zone extends for the lesser of 50 feet or 15% of the distance from the edges in question to the edges immediately opposite, but no less than ten feet. | For project sites that meet the eligibility standard, the required WDUZ dimensions may be modified as long as a minimum width of 25 feet is maintained along the project shoreline and the ends of piers and wharfs and a minimum of 10 feet along the sides of piers and wharves, and as long as the modification results in no net loss of WDUZ area. | Substitution provision can only be applied to those project sites where it is shown that application of the c. 91 standard would result in an inefficient siting of uses in the WDUZ, and where the reconfiguration achieves greater effectiveness in the use of the water's edge for water-dependent industrial use. The reconfigured zone must be adjacent to the waterfront and result in an increase in WDUZ immediately adjacent to the water. In no case will a reconfigured WDUZ that results in an area separated from the waterfront or in a net loss of WDUZ be allowed. |
Table 2. Summary of Amplifications.
Plan-wide (2009, 2014) | ||
Regulatory Provision | Chapter 91 Standard | Approved Amplification |
310 CMR 9.36(4)(b): Standards to Protect Water-dependent Uses (Displacement of water-dependent uses) | "...the project shall include arrangements determined to be reasonable by the Department for the water-dependent use to be continued at its existing facility, or at a facility at an alternative location having physical attributes, including proximity to the water, and associated business conditions which equal or surpass those of the original facility and as may be identified in a municipal harbor plan..." | No project will displace existing commercial fishing vessel berthing in Gloucester Harbor without providing reasonably equivalent berthing space on site or at a suitable alternative site not already used by commercial fishing vessels. |
310 CMR 9.36(5)(b)4.: Standards to Protect Water-dependent Uses (Supporting DPA Use) | "...in the case of supporting DPA use, conditions governing the nature and extent of operational or economic support must be established to ensure that such support will be effectively provided to water-dependent-industrial uses." | For properties with a water-dependent industrial hub port use, economic support from the supporting use to the hub use will be presumed. If no water-dependent industrial use exists or is proposed on the site, an investment in on-site waterfront infrastructure (piers, wharves, dredging) to improve capacity for water-dependent industrial use will be required. Whenever feasible, maintenance of existing berthing and creation of new berthing for commercial vessels should be required. If, and only if, none of the above can be achieved adequately, a contribution to the Gloucester Port Maintenance and Improvement Fund will be required as mitigation. This fund shall be used only for investment in water dependent industrial infrastructure (piers, wharves, dredging) within the DPA. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width." | To the extent practicable for a site, public access facilities shall be integrated into a project to activate the waterfront as part of the open space required with a non-water dependent supporting DPA use but must be sited to be compatible with and not interfere with water-dependent industrial uses and activities. Open areas used to support working waterfront activities seasonally during the year shall accommodate temporary public access when possible. Within the WDUZ no use shall be licensed, unless it provides access to water-borne vessels wherever possible. |
310 CMR 9.12(2)(b): Determination of Waterdependency (Water-dependent industrial uses) | The Department shall find to be water-dependent industrial the following uses: 1. Marine terminals and related facilities for the transfer between ship and shore, and the storage of bulk materials or other goods transported in waterborne commerce 2. Facilities associated with commercial passenger vessel operations 3. Manufacturing facilities relying primarily on the bulk receipt or shipment of goods by waterborne transportation 4. Commercial fishing and fish processing facilities 5. Boatyards, dry docks, and other facilities related to the construction, serving, maintenance, repair, or storage of vessels or other marine structures 6. Facilities for tugboats, barges, dredges, or other vessels engaged in port operations or marine construction 7. Any water-dependent use listed in 310 CMR 9.12(2)(a)9. through 14., provided the Department determines such use to be associated with the operations of a Designated Port Area 8. Hydroelectric power generating facilities 9. Offshore renewable energy infrastructure facilities in the Commonwealth, including ocean wave energy facilities used to deliver electricity, natural gas or Telecommunications services to the public from an offshore facility located outside the Commonwealth; and 10. Other industrial uses or infrastructure facilities which cannot reasonably be located at an inland site as determined in accordance with 310 CMR 9.12(2)(c) or (d). | In addition to existing allowable water-dependent industrial uses, MassDEP may find that marine research, testing or development activities are water-dependent industrial uses if they include the following characteristics: 1. Access to coastal waters for research, testing or development; and 2. Commercial fishing facilities, including those engaged in research, testing, or development related to commercial fishing safety, conservation, and sustainability; or 3. Boatyards, dry docks, and other fishing facilities related to the construction, serving, maintenance, repair, or storage of vessels or other marine structures engaged in marine science and technology, including research, development, or testing; or 4. Facilities for tugboats, barges, dredges, or other vessels engaged in port operations or marine construction, including those related to marine research, development, or testing. |
Table 3: Planning Principles and Priorities.
Planning Principle/Priority | Decision Standard | Implementation Mechanism |
Allow up to 50% DPA supporting commercial uses on filled tidelands for most properties within the DPA by transferring the supporting use allowances for certain key parcels that will be 100% water-dependent industrial use. | MassDEP shall not license commercial DPA supporting uses within the Gloucester DPA within filled and flowed tidelands in the following areas: on the State Fish Pier; the U.S. Coast Guard Facility; Cruiseport Gloucester; or within or on any DPA roadway or pile-supported pier. MassDEP may license commercial DPA supporting uses on up to 50% of a project site on filled tidelands on DPA properties not listed above. | Chapter 91 Licensing |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; except as provided below, the width of said zone shall be determined as follows: 1. along portions of a project shoreline other than the edges of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the weighted average distance from the present high water mark to the landward lot line of the property, but no less than 25 feet; and 2. along the ends of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the distance from the edges in question to the base of the pier or wharf, but no less than 25 feet; and 3. along all sides of piers and wharves, the zone extends for the lesser of 50 feet or 15% of the distance from the edges in question to the edges immediately opposite, but no less than ten feet. | A minimum WDUZ setback of 100 feet from the shoreline, with a net total WDUZ area equal to or greater than the area of a 200 feet WDUZ setback for the project site. Applies to the harbor focus area only. | No offset is required as the substitution increases the WDUZ required under 310 CMR 9.51(3)(c). |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the water-dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | Minimum walkway width of 15 to 30 feet outside of the DPA and within the harbor focus area, unless the width is physically constrained. In no cases will the allowed width be less than ten feet. Width shall be consistent with the guidance provided in the 2019 Waterfront Open Space Master Plan ("2019 WOSMP") included as Appendix A. All opportunities to provide the appropriate width should be considered, including cantilevering as appropriate. | No offset is required because in all cases the waterfront promenade will be no less than the waterways minimum numerical standard of ten feet wide. |
Regulatory Provision | Chapter 91 Standard | Approved Amplification |
310 CMR 9.52: Utilization of Shoreline for water-dependent Purposes | A nonwater-dependent use project that includes fill or structures on any tidelands shall devote a reasonable portion of such lands to water-dependent use, including public access in the exercise of public rights in such lands. In applying this standard, the Department shall take into account any relevant information concerning the capacity of the project site to serve such water-dependent purposes, especially in the vicinity of a water-dependent use zone; and shall give particular consideration to applicable guidance specified in a municipal harbor plan, as provided in 310 CMR 9.34(2)(b)2. | Applies the tidelands standards at 310 CMR 9.53(2) for public use to any tideland areas within the expanded WDUZ outside of the DPA and within the harbor focus area, with specific guidance from the 2019 Waterfront Open Space Master Plan (2019 WOSMP). This amplification requires that these areas are designed to "maintain substantial public activity on the site on a yearround basis, with public parks, plazas, and observation areas that also have public amenities that shall include seating, lighting, trash receptacles, restrooms, and children's play areas, as appropriate" and must be consistent with the 2019 WOSMP. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | A pedestrian access network of a kind and to a degree that is appropriate for the project site and the facility(ies) provided in 310 CMR 9.52(1)(a). | Design, materials, and layout for the waterfront promenade within the WDUZ and outside of the DPA and within the harbor focus area shall be consistent with the guidelines provided in the 2019 WOSMP. |
310 CMR 9.52(1)(b)2.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | A pedestrian access network of a kind and to a degree that is appropriate for the project site and the facility(ies) provided in 310 CMR 9.52(1)(a); at a minimum, such network shall consist of: appropriate connecting walkways that allow pedestrians to approach the shoreline walkways from public ways or other public access facilities to which any tidelands on the project site are adjacent. Such pedestrian access network shall be available to the public for use in connection with fishing, fowling, navigation, and any other purposes consistent with the extent of public rights at the project site. | Specifies locations, with a process for substitute locations, for public access walkways to connect the Lynnway to the project shoreline through the harbor planning area (HPA). Design and amenity requirements for these lateral accessways shall be as shown and described in the 2019 WOSMP. |
Planning Principle/Priority | Decision Standard | Implementation Mechanism |
Continue lateral pedestrian access network with consistent design and amenities to the Lynnway | Lateral accessways shall be in the locations and with design and amenity requirements as shown and described in the 2019 WOSMP for entire length | Required through the Secretary's discretionary provisions for a public benefits determination under 301 CMR 13.00 |
Require the use of naturebased shorelines and incorporation of increased elevation to address future climate-related impacts. | Where feasible and appropriate, consistent with guidance from the 2019 WOSMP | Chapter 91 licensing |
Regulatory Provision | Chapter 91 Standard | Amplification |
310 CMR 9.51: Conservation of Capacity for water-dependent Use | A nonwater-dependent use project on any tidelands shall not unreasonably diminish the capacity of such lands to accommodate water-dependent use. Facilities of Private Tenancy must be developed in a manner that prevents significant conflicts in operation with water-dependent uses that can reasonably be expected to locate on or near the water. | The amplification of these requirements prohibits any new non-water dependent use, or extension of an existing non-water dependent use, that would: 1. displace or significantly disrupt an existing water dependent use; 2. unreasonably disrupt an existing water-dependent use; 3. unreasonably diminish the capacity of the site to accommodate future water-dependent uses; and 4. impede or infringe upon existing public access |
310 CMR 9.51: Conservation of Capacity for water-dependent Use and 310 CMR 9.35(2)(a): Standards to Preserve Water-related Public Rights (Public Navigation Rights Applicable to All Waterways) | A nonwater-dependent use project on any tidelands shall not unreasonably diminish the capacity of such lands to accommodate water-dependent use. Facilities of Private Tenancy must be developed in a manner that prevents significant conflicts in operation with water-dependent uses that can reasonably be expected to locate on or near the water. The project shall not significantly interfere with public rights of navigation. | The amplification of these requirements prohibits certain water-dependent uses determined in the Plan to conflict with the traditional and historic use and character of the Harbor Overlay District, including: * Cruise ship terminals or support services; * Personal watercraft rental; and * New facilities of private tenancy. |
310 CMR 9.35(3)(a)1. and 2.: Standards to Preserve Water-related Public Rights (Public Rights of Fishing and Fowling Applicable to Tidelands and Great Ponds) and 310 CMR 9.35(2)(a): Standards to Preserve Water-related Public Rights (Public Navigation Rights Applicable to All Waterways) | The project shall not: 1. pose a substantial obstacle to the public's ability to fish or fowl in waterway areas adjacent to the project site; 2. result in the elimination of a traditional fishing or fowling location used extensively by the public; or 3. interfere with public rights of navigation | The amplification of these requirements prohibits the construction of new private docks or piers, but exempts certain public or commercial water-dependent dock and pier projects within the Harbor Overlay District. |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
Shoreline within MHP Planning Area and outside of the DPA | |||
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network) | "...walkways and related facilities along the entire length of the water-dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | Plan proposes to establish a dedicated 20-foot wide public access walkway along the portion of New Bedford and Fairhaven shoreline that is located outside the DPA and within that portion of the harbor bounded by the hurricane barrier on the South and the Rt. 195 bridge on the North. | No offsetting measures were necessary as the proposed substitution "will promote, with comparable or greater effectiveness, the state tidelands policy objectives." |
Planning Principle/Priority | Decision Standard | Implementation Mechanism | Notes |
Area-wide | |||
2010 MHP and 2020 MHP Clarification approved Potential Navigational Dredge Areas (PNDA) and potential Waterfront Development Shoreline Facility (WDSF) locations. Inclusion in the MHP and Clarification allowed these areas to be eligible for navigational dredging and potential filling of shoreline facilities with clean material through a stream-lined permitting process within the Superfund Regulations known as the State Enhanced Remedy (SER). | EPA makes all final decisions on SER Work Plans for PNDA's and WDSFs. Approved SER activities are exempt from all state and federal procedural regulatory requirements, but must continue to meet all substantive environmental standards. | MADEP coordinates the SER Work Plan reviews and inputs from state and federal agencies. EPA makes all final decisions on SER Work Plans for PNDA's and WDSFs. | See 2020 MHP Clarification for potential PNDA and WDSF location. |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
Fisherman's Wharf | |||
310 CMR 9.32(1)(a): Categorical Restrictions on Fill and Structures [Tideland (Outside of ACECs and DPAs)] | Public walkway must be located within the footprint of the existing pile supported structure | The required ten feet wide walkway on the western side of the wharf may be located either within the existing pier footprint or cantilevered beyond the footprint of the existing pier. | Payment of $205,500 to the Harbor Access Gift Fund |
227R Commercial Street | |||
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone. | WDUZ reconfiguration (no net loss); no less than 25 feet setback | N/A |
310 CMR 9.51(3)(d): Conservation of Capacity for Water-Dependent Use (Lot coverage) | At least one square foot of the project site at ground level (exclusive of areas lying seaward of a project shoreline) shall be preserved as open space for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site. | Lot Coverage shall not exceed 60% | Monetary contribution to Harbor Access Fund; Public amenities. Amount to be determined at time of licensing |
Regulatory Provision | Chapter 91 Standard | Approved Amplification |
310 CMR 9.16(2)(c): Fees (Tidewater displacement fee) | Except as provided in 310 CMR 9.16(4), prior to issuance of a license for any fill or structure that will displace tidewaters below the high water mark, the applicant, or his or her heirs or assignees responsible for such displacement, shall, at the discretion of [DEP].... [consider] a contribution to a special fund or other program managed by a public agency or nonprofit organization in order to directly provide public harbor improvements. | The Provincetown Harbor Plan requires that tidewater displacement fees levied by DEP be paid directly to the Provincetown Harbor Access Fund, as described in Section 6(a)(2) of this Plan. |
310 CMR 9.22(1): Maintenance, Repair, and Minor Project Modifications (Maintenance and repair of fill and structures) | "No application for license or license amendment shall be required for [maintenance and repair] activity. Maintenance and repair include... restoration to the original license specifications of licensed fill or structures that have been damaged by catastrophic events, provided that no change in use occurs and that... in the case of flood related damage, the cost of such restoration does not exceed 50% of the cost of total replacement according to the original license specifications..." | The Provincetown Harbor Plan calls for a strict enforcement of this requirement and for close coordination between DEP and the Provincetown Building Inspector, to determine when further licensing is required for structures that have been damaged beyond the 50% replacement cost limit. |
310 CMR 9.22(3): Maintenance, Repair, and Minor Project Modifications (Minor project modifications) | The licensee may undertake minor modifications to a license project without filling an application for license or license amendment. Such modifications are limited to... No such modifications shall be undertaken until the licensee has submitted written notice to the Department describing the proposed work in sufficient detail with reference to any relevant license plans, for the Department to determine compliance with the above conditions. | The Provincetown Harbor Plan calls for strict enforcement of this requirement and for DEP to provide the Harbor Committee with opportunity to review and comment upon any written notice of proposed minor project modification. |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Approved Offsetting Measures |
310 CMR 9.51(3)(c): Conservation of Capacity for Water-dependent Use (Water-dependent use zone) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; except as provided below, the width of said zone shall be determined as follows: 1. along portions of a project shoreline other than the edges of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the weighted average distance from the present high water mark to the landward lot line of the property, but no less than 25 feet; | The minimum width of the WDUZ along the waterfront will be no less than 20 feet; the remaining area required by the Chapter 91 WDUZ calculation may be redistributed to create pedestrian/view corridors. Applies only to Sub-area A South Commercial Waterfront District. | There can be no net loss of WDUZ area. Requires the creation of two permanent pedestrian access corridors and one permanent view corridor linking the downtown area of Salem to the waterfront. |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus 1/2 foot for every additional foot of separation from the high water mark. | Allow non-water dependent buildings to be 70 feet in height, consistent with local zoning. Applies only in Sub-area A in the South Harbor District. | Additional public open space is required on the site calculated by determining the additional shadow cast at the ground level by the additional building mass during full sun conditions on October 23rd between 9:00 A.M. and 3:00 P.M. No more than half the additional open space may be used for parking. |
310 CMR 9.51(3)(e): Conservation of Capacity for Water-dependent Use (Building height) | New or expanded buildings for nonwater-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus U foot for every additional foot of separation from the high water mark. | Allow non-water dependent buildings to be 70 feet in height, consistent with local zoning. Applies only in the Waterfront Complex site at Pickering Wharf. | Require the addition of a ground-level public space in a "turret" portion of the new Harborwalk gateway adjacent to Congress Street. Require additional landscaping and design elements to improve appearance and to screen the gateway from the building's loading and service areas. Require construction of an observation platform on the southeast corner of Pickering Wharf. |
310 CMR 9.52(1)(b)1.: Utilization of Shoreline for Water-dependent Purposes (Pedestrian access network). | "...walkways and related facilities along the entire length of the Water-Dependent Use Zone; wherever feasible, such walkways shall be adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width..." | Require a dedicated 20-foot wide public walkway around the South River, of which a minimum of ten feet shall be an unobstructed pathway. The inland ten feet will be used for landscaping and accessory amenities to enhance the general public's waterfront experience. Applies only in the South River Waterfront Sub-area | The substitution directly benefits the public through improved access of 20 feet instead of ten feet. No additional offsetting benefit is required. |
Regulatory Provision | Chapter 91 Standard | Approved Amplification |
310CMR 9.02: Definitions (Supporting DPA Uses) | The amount of supporting Designated Port Area Uses on filled tidelands within a DPA shall not exceed 25% of the area of the project site. | Only water-dependent industrial uses and temporary uses will be allowed in the Industrial Port District sub-area of the DPA. |
This Approved Harbor Plan does not include any substitute provisions.
This Approved Harbor Plan does not include any substitute provisions.
Regulatory Provision | Chapter 91 Standard | Alternative Site Coverage Ratio | Offsetting Measure(s) |
SUPPORTING DPA USES: 310 CMR 9.32(1)(b)5 | The Department shall waive the numerical standard for Supporting DPA Uses as defined at 310 CMR 9.02, if the project conforms to a DPA Master Plan or Marine Industrial Park Master Plan which specifies alternative site coverage ratios and other requirements which ensure that: 1. said Supporting Uses are relatively condensed in footprint and compatible with existing water-dependent industrial uses on said pier; 2. said Supporting Use locations shall preserve and maintain the site's utility for existing and prospective water-dependent industrial uses; 3. parking associated with a Supporting Use is limited to the footprint of existing licensed fill and is not located within a Water-dependent Use Zone; and 4. The use of tidelands for this purpose in a DPA shall be governed by the provisions of 310 CMR 9.15(1)(d)1 and 310 CMR 9.36(5). | Applicable to 111 Eastern Avenue: Supporting DPA Uses may occupy up to 35% of filled tidelands outside of the water-dependent use zone. | For any area of Supporting DPA Use in excess of 25% of the project site within Chapter 91 jurisdiction, direct operational or economic support shall be provided to an extent that adequately compensates for the reduced amount of tidelands on the project site available for water-dependent industrial use during the term of the license. Offset in the capacity of operational support shall be preferred. If employed, economic support shall be calculated at a premium rate, to be determined during the Chapter 91 licensing process. Economic support payments may be made to the Waterfront Improvement Fund to provide direct support to Water-dependent Industrial Use in the DPA. |
Regulatory Provision | Chapter 91 Standard | Approved Substitution | Offsetting Measure(s) |
HEIGHT LIMITS: 310 CMR 9.51(3)(e) | New or expanded buildings for non-water-dependent use shall not exceed 55 feet in height if located over the water or within 100 feet of the high-water mark; for every foot beyond 100 feet from the shoreline, the height of the building can increase by 0.5 feet. | Applicable to 111 Eastern Avenue: Allow new or expanded buildings for non-water- dependent use to be built to 80 feet in height within 100 feet of the shoreline. | The maximum height of any proposed structure on the project site shall be limited to 80 feet and result in decreased massing from what is allowed under the regulation. DEP will evaluate the need for additional offsetting measures during licensing. |
WATER DEPENDENT USE ZONE: 310 CMR 9.51(3)(c) | New or expanded buildings for nonwater-dependent use, and parking facilities at or above grade for any use, shall not be located within a water-dependent use zone; except as provided below, the width of said zone shall be determined as follows: 1. along portions of a project shoreline other than the edges of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the weighted average distance from the present high-water mark to the landward lot line of the property, but no less than 25 feet; and 2. along the ends of piers and wharves, the zone extends for the lesser of 100 feet or 25% of the distance from the edges in question to the base of the pier or wharf, but no less than 25 feet; and 3. along all sides of piers and wharves, the zone extends for the lesser of 50 feet or 15% of the distance from the edges in question to the edges immediately opposite, but no less than ten feet. | Applicable planning area wide: The required WDUZ dimensions may be modified on any project site within the planning area as long as a minimum width of 25 feet is maintained along the project shoreline and as long as the modification results in no net loss of WDUZ area within Chapter 91 jurisdiction. | The reconfigured WDUZ shall result in no net loss of total WDUZ area and must be adjacent to the waterfront and within Chapter 91 jurisdiction and achieve a greater effectiveness in the use of the water's edge for water-dependent industrial use if within the DPA or water-dependent use outside of the DPA. This substitution does not alter the calculation for WDUZ on piers and wharfs. |
Regulatory Provision | Chapter 91 Standard | Approved Substitution |
COASTAL OR SHORELINE ENGINEERING STRUCTURES: 310 CMR 9.37(2)(b)(2) and (3) | 9.37(2)(b)(2) incorporate projected sea level rise during the design life of the buildings; at a minimum, such projections shall be based on historical rates of increase in sea level in New England coastal areas. 9.37(3) Projects with coastal or shoreline engineering structures shall comply with several requirements relating to location, design, size, function, materials, impact on water and sediment flow, preference for non-structural alternatives where feasible, compatibility with abutting coastal or shoreline engineering structures, and minimizing adverse effects on the project site or adjacent or downcoast and downstream areas after construction of any coastal or shoreline engineering structure. | Applicable planning area wide: Coastal or shoreline engineering structures shall be designed to accommodate future sea level rise for the life of the structures on site and shall not negatively affect the capacity of the DPA to support water-dependent industrial uses. |
310 CMR, § 9.57