310 C.M.R. 9.57
(1) The following Municipal Harbor Plans are Approved Municipal Harbor Plans:
(2) Approved Substitute Provisions: Substitute Standards, Offsets, Amplifications, and Other Provisions.
(a) East Boston Waterfront District Municipal Harbor Plan, (July 15, 2002, as renewed and amended on December 17, 2008, March 4, 2009, and August 2, 2012).
1. Table 1. Substitute Standards and Offsetting Measures.
Chapter 91 Standard Approved Substitution Approved
Regulatory Provision
Offsetting Measures
Clippership Wharf (2002)
310 CMR 9.51(3): Conservation of Capacity “nonwater-dependent FPTs may occupy a 1. A minimum of for Water-dependent Use (Location of Facilities of Private portion of the ground 6,000 SF of Facilities of Private Tenancy (“FPT”). Tenancy shall not be floors of nonwater- additional
located on any pile- dependent structures WDUZ on the supported structures on located on private western side of flowed tidelands, nor at tidelands within 100 feet the site with the ground level of any of the project shoreline associated filled tidelands within 100 (measured from the high outdoor feet of the project water shoreline) and on programming; shoreline.” Commonwealth tidelands, offset at 1:2 ratio
provided that the amount (FPT:WDUZ). of Facility of Public 2. Arts-related Accommodation (“FPA”) ground floor space is greater than or FPA space at the equal to amount of harbor-most end interior space where FPT of building on would otherwise be westerly wharf of prohibited; all ground no less than floor FPTs seaward of 2,000 SF at no Marginal Street that cost for rental or would otherwise be for fit-out for life of FPAs is for artist the c. 91 license live/work space; and does (1:1 ratio). not exceed 12,500 SF of 3. 1,000 SF of area that would be FPA space in otherwise required to be buildings facing FPA. water on western
side of site on Private Tidelands (1:1 ratio). 4. 1,000 SF environmental/ar ts 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)
Chapter 91 Standard Approved Substitution Approved
Regulatory Provision
Offsetting Measures
Clippership Wharf (2002) (continued)
310 CMR 9.51(3)(c): Conservation of New or expanded Reconfigured WDUZ, N/A Capacity for Water-dependent Use (Water- buildings for nonwater- provided no loss of area, dependent use zone) dependent use, and measured from the project
parking facilities at or shoreline as defined by above grade for any use, the high-water mark along shall not be located within upland shorelines and a water-dependent use filled wharves. Public zone; Plan may specify parking for up to two alternative setback hours allowed in WDUZ distances and other on the western pier requirements which parallel to and landward ensure that new buildings of the public way to for nonwater-dependent encourage public use of use are not constructed the site. immediately adjacent to a Minimum width of 100 project shoreline, in order feet along the high water that sufficient space along mark except for area the water's edge will be immediately southwest of devoted exclusively to the Boston Housing water-dependent activity Authority (“BRA”) and public access. 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.
310 CMR 9.51(3)(e): Conservation of New or expanded All buildings located N/A Capacity for Water-Dependent Use (Building buildings for nonwater- along Sumner Street and height) dependent use shall not within 100 feet of the high
exceed 55 feet in height if water mark at the wharf located over the water or ends shall be no taller within 100 feet landward than 65 feet in height; of the high water mark; at landward of the wharf greater landward ends building height(s) distances, the height of may increase at the ratio such buildings shall not of one vertical foot for exceed 55 feet plus ½ foot every two additional feet for every additional foot from the 100 foot line up of separation from the to a maximum 80 feet for high water mark. 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.
Chapter 91 Standard Approved Substitution Approved
Regulatory Provision
Offsetting Measures
Hodge Boiler Works (2002)
310 CMR 9.51(3)(b): “nonwater-dependent FPTs may occupy a N/A Conservation of Capacity for Water- Facilities of Private portion of the ground Dependent Use (Location of facilities of Tenancy shall not be floor of non-water- private tenancy and facilities of public located on any pile- dependent structures accommodation) supported structures on located within 100 feet of and flowed tidelands, nor at the the project shoreline, 310 CMR 9.53(2)(c): Activation of ground level of any filled provided that the total Commonwealth Tidelands for Public Use tidelands within 100 feet of area of ground floor FPA (Interior facilities of public accommodation) the project shoreline.” 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.
310 CMR 9.51(3)(c): Conservation of “new or expanded Reconfigured WDUZ, N/A Capacity for Water-dependent Use (Water- buildings for nonwater- provided no loss of area, dependent use zone) dependent use, and parking measured from the project
facilities at or above grade shoreline as defined by for any use, the high-water mark along shall not be located within upland shorelines and a water-dependent use filled wharves. Minimum zone…” 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 non- water-dependent use public activity structure at the London Street extension, 25 feet.
310 CMR 9.51(3)(e): Conservation of New or expanded All buildings located N/A Capacity for Water-Dependent Use (Building buildings for nonwater- along Sumner Street and height) dependent use shall not within 100 feet of the high
exceed 55 feet in height if water mark at the wharf located over the water or ends shall be no taller within 100 feet landward than 65 feet in height; of the high water mark; at landward of this line, greater landward building height(s) may distances, the height of increase at the ratio of one such buildings shall not vertical foot for every two exceed 55 feet plus ½ foot additional feet from the for every additional foot 100 foot line up to a of separation from the maximum 80 feet for the high water mark. 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.
Chapter 91 Standard Approved Substitution Approved
Regulatory Provision
Offsetting Measures
Plan-wide (2002)
310 CMR 9.52(1)(b)1.: Utilization of “…walkways and related At a minimum, the N/A Shoreline for Water-Dependent Purposes facilities along the entire pedestrian access network (Pedestrian access network) length of the Water- shall be no less than 12
Dependent Use Zone; feet wide, with 10 feet wherever feasible, such clear of an obstruction. 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…” 6-26 New Street (2008)
310 CMR 9.51(3)(b): “ n o n w a t e r - d e p e n d e n t Up to approximately A t l e a s t a n Conservation of Capacity for Water- Facilities of Private Tenancy 1,200 square feet of equivalent area of Dependent Use (Location of facilities of shall not be located on any interior and exterior non- F a c i l i t i e s o f private tenancy and facilities of public pile-supported structures on water dependent Facilities P u b l i c accommodation) flowed tidelands, nor at the of Private Tenancy will be Accommodation
ground level of any filled allowed to be located (FPA) will be tidelands within 100 feet of within 100 feet of the provided adjacent the project shoreline.” project shoreline, but not to other FPA
less than 70 feet from the space on the site, project shoreline. expanding the
location of FPAs beyond 100 feet of the project shoreline.
310 CMR 9.52(1)(b)1.: Utilization of “…walkways and related The minimum width will N/A Shoreline for Water-Dependent Purposes facilities along the entire be widened to 12 feet (10 (Pedestrian access network) length of the Water- f e e t c l e a r ) . T h e s e
Dependent Use Zone; enhancements shall replace wherever feasible, such the existing standard of 10 walkways shall be adjacent feet. to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width…”
310 CMR 9.51(3)(e): Conservation of New or expanded buildings Allow non water- N/A Capacity for Water-Dependent Use for nonwater-dependent use dependent buildings up to (Building height) shall not exceed 55 feet in a height of 70 feet within
height if located over the 100 feet landward of the water or within 100 feet high-water mark in landward of the high water locations as generally mark; at greater landward indicated in the plans distances, the height of such diagrams. Appurtenant to buildings shall not exceed 55 the nine-story building feet plus ½ foot for every redevelopment project, additional foot of separation façade treatments, from the high water mark. 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.
Chapter 91 Standard Approved Substitution Approved
Regulatory Provision
Offsetting Measures
102-148 Border Street (2009) (continued)
310 CMR 9.51(3)(b): “nonwater-dependent “nonwater-dependent A minimum of Conservation of Capacity for Water- Facilities of Private Tenancy Facilities of Private 25% of the Dependent Use (Location of facilities of shall not be located on any Tenancy shall not be ground floor private tenancy and facilities of public pile-supported structures on located on any pile- (excluding upper accommodation) flowed tidelands, nor at the supported structures on floor accessory
ground level of any filled flowed tidelands, nor at uses) shall be tidelands within 100 feet of the ground level of any devoted to the project shoreline.” filled tidelands within 100 Facilities of
feet of the project Public shoreline.” 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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved
Offsetting Measures
102-148 Border Street (2009) (continued)
310 CMR 9.51(3)(c): Conservation of “new or expanded A reconfigured WDUZ The reconfigured Capacity for Water-dependent Use (Water- buildings for nonwater- will be established that WDUZ will dependent use zone) dependent use, and will allow a minimum provide setbacks
parking facilities at or setback from the project along the above grade for any use, shoreline of 25 feet for waterfront and shall not be located within buildings containing Harborwalk and a water-dependent use nonwater-dependent uses, setbacks in zone…” as shown in the plans and different areas of
diagrams in the Plan, the site that are while maintaining at least contiguous to the the same overall area DPA and the (approximately proposed historic 22,806sf) as the standard maritime requirement. interpretive area.
There shall be no loss of WDUZ area.
310 CMR 9.52(1)(b)1.: Utilization of “…walkways and related At a minimum, the N/A Shoreline for Water-Dependent Purposes facilities along the entire pedestrian access network (Pedestrian access network) length of the Water- shall be no less than 12
Dependent Use Zone; feet wide, with 10 feet wherever feasible, such clear of an obstruction. 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…”
310 CMR 9.51(3)(e): Conservation of New or expanded buildings The height of new or Provisions of at Capacity for Water-Dependent Use (Building for nonwater-dependent expanded buildings for least 2,201 SF of height) use shall not exceed 55 feet non-water-dependent uses open space in
in height if located over the shall not exceed 85 feet as addition to the water or within 100 feet shown in the Plan’s standard landward of the high water massing and building requirement (1:2 mark; at greater landward diagrams. open space- distances, the height of shadow ratio) such buildings shall not that shall include exceed 55 feet plus ½ foot paved pedestrian for every additional foot of access, amenities separation from the high such as benches water mark. and special
landscaping features, and public recreational features to promote public access and use.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved
Offsetting Measures
1 25 Sumner Street (2009)
310 CMR 9.53(2)(c): Activation of “the project shall include Permit facilities of private A minimum of Commonwealth Tidelands for Public Use interior space to facilities tenancy to occupy 75% of 25% of the (Interior facilities of public accommodation) of public accommodation the ground floor ground floor
other than public parking, (excluding upper floor (excluding upper with special consideration accessory uses), provided floor accessory given to facilities that that the site remains under uses) shall be enhance the destination the ownership or control devoted to value of the waterfront by of the Boston Housing facilities of serving significant Authority with the public community needs…such primary purpose to accommodate space shall be at least provide affordable including, but not equal in amount to the housing to City residents. limited to: square footage of all gallery, Commonwealth tidelands exhibition space, on the project site within maritime history the footprint of buildings interpretive containing nonwater- exhibit space, dependent facilities of community private tenancy…” 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 "the project shall include The location of the open Plan Amendment Commonwealth Tidelands for Public exterior open space for space features that serve Appendix 1, Section 9 Use (Exterior open space for public active or passive to activate the public recreation) recreation, examples of open space on the site
which are parks, plazas may be distributed within and observation areas; both Commonwealth and such open spaces shall be private tidelands in a located at or near the manner that will enhance water to the maximum interest, access, and use. reasonable extent…" 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.
Planning Principle/Priority Decision Standard Implementation Notes
Mechanism
6-26 New Street (2008)
Preserve and enhance capacity of DPA Preserve and enhance Removal or restoration of N/A for Water-dependent industrial use capacity of DPA for all on-site piles (both DPA (”WDIU”) WDIU and non-DPA watersheet
a r e a s ) ; s i t e - w i d e 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 w a t e r t a x i ; s i t e improvements for DPA area to be accessible.
Planning Principle/Priority Decision Standard Implementation Notes
Mechanism
102-148 Border Street (2009)
Preserve and enhance capacity of DPA Preserve and enhance Additionally, DPA for WDIU capacity of DPA for improvements at the site
WDIU will enhance water-
dependent uses: ! Removal of dilapidated pile fields ! Restoration of seawalls and adjacent surfaces ! R e g r a d i n g a n d 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
(b) Fort Point Downtown (Boston) Waterfront Municipal Harbor Plan Phase 1 (October 10, 2002, as renewed on February 12, 2013).
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
500 Atlantic Avenue (2002)
310 CMR 9.51(3)(e): New or expanded Allows building heights N/A Conservation of Capacity buildings for up to 55 feet in the Height for Water-Dependent Use nonwater-dependent use Zone 1 (0 to 35 feet from (Building height) shall not exceed 55 feet in the high water mark); 63
height if located over the feet in Height Zone 2 water or within 100 feet (35 to 70 feet); 132 feet landward of the high in Height Zone 3 (70 to water mark; at greater 79 feet); and 239 feet in landward distances, the Height Zone 4 (more than height of such buildings 79 feet) to the cornice shall not exceed 55 feet line height of the plus ½ foot for every maximum habitable additional foot of space. separation from the high water mark.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Plan-wide (2002)
310 CMR 9.52(1)(b)1.: Utilization of “…walkways and related At a minimum, the N/A Shoreline for Water-Dependent facilities along the entire pedestrian access network Purposes (Pedestrian access network) length of the shall be no less than twelve
Water-Dependent Use feet wide, with ten feet clear Zone; wherever feasible, of an obstruction. 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…”
(c) Fort Point Downtown (Boston) Municipal Harbor Plan Phase II (March 8, 2004, as renewed on April 9, 2014).
1. Table 1. Substitute Standards and Offsetting Measures.
Russia Wharf (2004)
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
310 CMR 9.51(3)(c) Conservation of New or expanded To accommodate the N/A Capacity for Water-dependent Use buildings for preservation of the historic (Water-dependent use zone) nonwater-dependent use, structure, a reconfigured
and parking facilities at or WDUZ that results in a loss above grade for any use, of not more than 2,700 SF shall not be located within of WDUZ. 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.
Russia Wharf (2004) (continued)
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
310 CMR 9.51(3)(d): At least one square foot of To accommodate the Secondary ramping Conservation of Capacity for the project site at ground preservation of the system to Channel Walk Water-Dependent Use (Lot coverage) level (exclusive of areas historic structure, West from the Fort
lying seaward of a project approximately 65,130 SF Point Channel shoreline) shall be may be occupied by the Watersheet Activation preserved as open space redevelopment of Plan ("FPCWAP"), for every square foot of structures within the Congress Street Bridge tideland area within the existing footprint with Lighting Project; combined footprint of slight alterations. improvements to buildings containing Congress Street nonwater-dependent use sidewalk; and provision on the project site. of interpretive signage
(Historic Piers Network Plan), combined value of $1,125,000
310 CMR 9.51(3)(e): Conservation of New or expanded The roof of the highest Additional FPA space Capacity for Water-Dependent Use buildings for occupied floor of 395 (25,000 SF more than (Building height) nonwater-dependent use feet, provided that the required under c. 91),
shall not exceed 55 feet in elevation of the existing including two of the height if located over the Tufts roof (91 feet) shall FPA spaces as SPDFs water or within 100 feet be maintained for a (6,0000-7,000 SF total); landward of the high horizontal distance 15 feet $1,000,000 to water mark; at greater landward of the present implementation of landward distances, the mean high water line and FPCWAP and height of such buildings increase at the rate of 4.5 maintenance of shall not exceed 55 feet vertical feet for each Children's Wharf Park plus ½ foot for every additional foot landward (1/2 each). additional foot of to a maximum height of separation from the high 395 feet. water mark. Russia Wharf and Plan-wide (2004)
310 CMR 9.52(1)(b)1.: Utilization of "…walkways and related At a minimum, the N/A Shoreline for Water-Dependent facilities along the entire pedestrian access network Purposes (Pedestrian access network) length of the shall be no less than
Water-Dependent Use twelve feet wide, with ten Zone; wherever feasible, feet clear of an such walkways shall be obstruction. adjacent to the project shoreline and, except as otherwise provided in a municipal harbor plan, shall be no less than ten feet in width…"
Table 2. Summary of Amplifications.
Approved Implementation
Regulatory Provision Chapter 91 Standard
Amplification Mechanism
Russia Wharf and Plan-wide (2004)
310 CMR 9.53(2)(a), (c), and (d): The project shall attract and maintain ! Where there is a FPCWAP, Activation of Commonwealth substantial public activity on the site WDUZ, the project Section III.C and Tidelands for Public Use (Facilities on a year-round basis, through the shall provide at least Section V of the for water-based public activity, provision of water-related public one facility Decision, interior facilities of public benefits of a kind and to a degree that recommended by the accommodation, management plan) is appropriate for the site, given the FPCWAP that
nature of the project, conditions of promotes water-based the waterbody on which it is located, public activity in the and other relevant circumstances… WDUZ or provide a Where there is a WDUZ, the project monetary contribution must include at least one facility that for implementation of promotes water-based public activity; the FPCWAP. the project shall devote interior space ! The project shall to FPAs; and the project shall include devote interior space a management plan. to FPAs with special
consideration given to facilities that enhance the year round destination value of the waterfront. ! Management plan for water-based activities.
(d) Harborpark (Boston) Plan (May 22, 1991, as renewed and amended on July 29, 1999, October 12, 2006, and April 4, 2008).
Regulatory Provision Chapter 91 Standard Approved Approved
Substitution Offsetting
Measures
Charlestown Navy Yard (1991)
310 CMR 9.51(3)(d): At least one square foot of the Withinthe Charlestown N/A Conservation of Capacity for project site at ground level Navy yard, the Water-Dependent Use (Lot coverage) (exclusive of areas lying seaward of aggregate of open and 310 CMR 9.53(2)(b) Activation of a project shoreline) shall be space of all lots in the Commonwealth Tidelands for Public preserved as open space for every subdistrict exclusive of Use (Exterior open space for public square foot of tideland area within the Historic recreation) the combined footprint of buildings Monument Area must
containing nonwater-dependent use be equal to or greater on the project site. than 50% (excluding
roads and surface parking) at all times.
310 CMR 9.53(2)(c): Activation of “the project shall include interior Any project with more Requirement 4a Commonwealth Tidelands for Public space to facilities of public than 10,000 SF of Use (Interior facilities of public accommodation other than public floor area must include accommodation) parking, with special consideration at least 40 percent of
given to facilities that enhance the the ground floor to destination value of the waterfront public facilities (not by serving significant community including public needs…such space shall be at least parking). 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…”
+
Regulatory Provision Chapter 91 Standard Approved Approved
Substitution Offsetting
Measures
Charlestown Gateway and North End (1991)
310 CMR 9.53(2)(c): Activation of “the project shall include interior space Any project with more Requirement 4b-c Commonwealth Tidelands for Public Use to facilities of public accommodation than 10,000 SF of floor (Interior facilities of public other than public parking, with special area must include at accommodation) consideration given to facilities that least 40 percent of the
enhance the destination value of the ground floor to public waterfront by serving significant facilities; at least 50 community needs…such space shall be percent of the ground at least equal in amount to the square floor spaces within all footage of all Commonwealth tidelands buildings containing on the project site within the footprint of nonwatery-dependent buildings containing nonwater- FPTs on pile-supported dependent facilities of private structures on flowed tenancy…” 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.
Charlestown Navy Yard, Charlestown Gateway, and North End (1991)
310 CMR 9.51(3)(c): Conservation of New or expanded buildings for 35 feet along shoreline Requirement 5 Capacity for Water-dependent Use nonwater-dependent use, and parking and ends of piers, 12 (Water-dependent use zone) facilities at or above grade for any use, feet along sides of piers
shall not be located within a based upon existing or water-dependent use zone; Plan may new pile-supported specify alternative setback distances and structures that meets the other requirements which ensure that criterion of 310 CMR new buildings for nonwater-dependent 9.32(1)(a)(3); otherwise use are not constructed immediately computed in accordance adjacent to a project shoreline, in order with 310 CMR that sufficient space along the water's 9.51(3)(c), but not less edge will be devoted exclusively to than 25 feet from the water-dependent activity and public ends and not less than access. 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
Regulatory Provision Chapter 91 Standard Approved Approved
Substitution Offsetting
Measures
Charlestown Navy Yard, Charlestown Gateway, and North End (1991) (continued)
310 CMR 9.51(3)(e): New or expanded buildings ! 75 feet for Sargents and Development and Conservation of Capacity for nonwater-dependent use Tudor Wharf; contribution/compliance for Water-Dependent Use shall not exceed 55 feet in ! 90-135 feet on Parcel with a special mitigation (Building height) height if located over the 4/4A and 125-155 feet on program to avoid or
water or within 100 feet Parcel 6/7 (Charlestown minimize adverse wind, landward of the high water Navy Yard) shadow, and other impacts mark; at greater landward to ground-level environment distances, the height of such (the program shall specific buildings shall not exceed standards, guidelines, or 55 feet plus ½ foot for every other parameters to serve as additional foot of separation a framework for reaching from the high water mark. appropriate mitigation
decisions).
310 CMR 9.51(3)(c): “nonwater-dependent FPTs over flowed tidelands Requirements 7 and 8: Conservation of Capacity Facilities of Private Tenancy are allowed only at the Harborpark Plan must be for Water-dependent Use shall not be located on any following locations: revised to include one or (Water-dependent use zone) pile-supported structures on ! Battery Wharf (North more plans to develop a
flowed tidelands, nor at the End) network of SPDFs within ground level of any filled ! Tudor Wharf interior spaces along or near tidelands within 100 feet of (Charlestown Gateway) the Harborwalk, primarily at the project shoreline.” ! Pier 5 (Charlestown Navy the ground level.
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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
226 Causeway (1999)
310 CMR 9.51(3)(e): Conservation of New or expanded buildings Maximum height of 155 Maintenance of Port Capacity for Water-dependent Use for nonwater-dependent feet to the top of the Park (DCR) for the (Building height) use shall not exceed 55 feet highest occupiable floor, term of the c. 91
in height if located over the insignificant net new license; fall and spring water or within 100 feet shadow and no significant clear-up of the Prince landward of the high water deterioration in wind Street Park for ten mark; at greater landward conditions. years; 13,000 SF of distances, the height of FPAs on building such buildings shall not ground floor; provisions exceed 55 feet plus ½ foot for the sale of tickets for every additional foot of for ferry/water separation from the high transportation in the water mark. 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 “…walkways and related At a minimum, the N/A Shoreline for Water-dependent facilities along the entire pedestrian access network Purposes (Pedestrian access network) length of the Water- shall be no less than 12
Dependent Use Zone; feet wide, with ten feet wherever feasible, such clear of an obstruction. 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…”
310 CMR 9.51(3)(c): Conservation of New or expanded Reconfigured, no net loss: N/A Capacity for Water-dependent Use buildings for nonwater- minimum 76 feet from (Water-dependent use zone) dependent use, and seaward edge of wharf,
parking facilities at or except for a 15 feet to above grade for any use, accommodate Pavilion shall not be located within building on easterly a water-dependent use portion of site (which will zone; Plan may specify include upper level public alternative setback viewing platform, foot distances and other access via interior and requirements which exterior stairways, and ensure that new buildings handicapped access via for nonwater-dependent elevator). 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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Lovejoy Wharf (2006) (continued)
310 CMR 9.51(3)(d): At least one square foot of All exterior space not 4,429 SF of upper level Conservation of Capacity for Water- the project site at ground within the footprint of the terrace on the Pavilion dependent Use (Lot coverage) level (exclusive of areas buildings (42,949 SF) or with associated public
lying seaward of a project the Pavilion (5,819 SF) access (see WDUZ shoreline) shall be shall be open space and requirement), public preserved as open space all open space seaward of restrooms, and ground for every square foot of the building shall be for level, rent-free space tideland area within the pedestrian use only. for a visitor center or combined footprint of other public use. buildings containing nonwater-dependent use on the project site.
310 CMR 9.51(3)(e): Conservation of New or expanded buildings Heights ranging from 115 $150,000 annual water Capacity for Water-dependent Use for nonwater-dependent feet to 155 feet (to the roof transportation facility (Building height) use shall not exceed 55 feet of the highest occupiable operations subsidy for
in height if located over the floor) as shown in five years, maintenance water or within 100 feet municipal harbor planning of dock and shoreside landward of the high water area (MHPA), provided facility for ten years. mark; at greater landward wind meets Bosto n distances, the height of R e d e v e l o p m e n t such buildings shall not A u t h o r i t y ’ s ( B R A ) exceed 55 feet plus ½ foot standards and minimal for every additional foot of NNS. separation from the high water mark.
(e) South Boston Waterfront District Municipal Harbor Plan (December 6, 2000, as renewed and amended on December 31, 2002, October 22, 2009, and December 21, 2016).
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 “…walkways and related At a minimum, the N/A Shoreline for Water-dependent facilities along the entire pedestrian access network Purposes (Pedestrian access network) length of the Water- shall be no less than 12
Dependent Use Zone; feet wide, with ten feet wherever feasible, such clear of an obstruction. 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…”
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Plan-wide (2000, not including 100 Acres Master) (continued)
310 CMR 9.51(3)(b): At a minimum, at least All projects within the N/A Conservation of Capacity for Water- 50% of the project site harbor planning area must dependent Use (Location of facilities must be reserved as open comply, at a minimum, of private tenancy and facilities of space for water-dependent with the 50% open space public accommodation) and 310 CMR activity and public access. area requirements of the 9.53(2)(b)1.: Activation of The open space must be Waterways Regulations. Commonwealth Tidelands for Public located on land (i.e., However, only a Use (Exterior open space for public cannot include maximum of 20% of the recreation) watersheet) and be lot area can be devoted to
accessible to the general streets and ways, and public at all times. On surface parking lots are Commonwealth not allowed. 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.
310 CMR 9.53(2)(c): Activation of A project within The amount of ground N/A Commonwealth Tidelands for Public Commonwealth Tidelands floor space that can be Use (Interior facilities of public must provide Facilities of devoted to upper floor accommodation) and 310 CMR 9.02: Public Accommodation FPT accessory uses Definitions (Facilities of private on the ground floor of all cannot exceed 20% of the tenancy and facilities of public buildings containing building footprint. accommodation) Facilities of Private Further, residential
Tenancy (FPTs). At a lobbies and entrances maximum, ground floor cannot front along the accessory uses to upper waterside of any floor FPTs must not building(s). exceed 25% of the area of the building footprint.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Fan Pier (2000)
310 CMR 9.51(3)(e): Conservation of New or expanded Moving landward from ! 42,400 square feet of Capacity for Water-dependent Use buildings for nonwater- WDUZ, proposed height additional open space, (Building height) dependent use shall not zones increase from 175 in excess of 50% of the
exceed 55 feet in height if feet to 250 feet to 275 feet site area, at a ratio of located over the water or and 300 feet along Old 2:1; within 100 feet landward Northern Avenue and ! Approximately of the high water mark; at Courthouse Way, except 21,000 square feet of greater landward for Parcels H (175 feet) publicly accessible distances, the height of and J (75 feet). space on the surface of such buildings shall not the breakwater, at a exceed 55 feet plus ½ foot ratio of 1:1; for every additional foot ! 15,500 square feet of of separation from the the footprint of the civic high water mark. 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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Fan Pier (2000) (continued)
310 CMR 9.51(3)(c): Conservation of New or expanded ! 150 feet along fan edge N/A Capacity for Water-dependent Use buildings for nonwater- ! 60-75 feet along cove (Water-dependent use zone) dependent use, and edge
parking facilities at or ! 30 feet (preference for above grade for any use, 40 feet) along civic site shall not be located within ! No net loss of WDUZ a water-dependent use area 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.
Pier 4 (2000)
310 CMR 9.51(3)(e): Conservation of New or expanded Landward of a 200-foot 200-foot no-build zone Capacity for Water-Dependent Use buildings for no-build zone at the and 1 SF of open space (Building height) nonwater-dependent use seaward end of the pier, for every 2 SF of NNS
shall not exceed 55 feet in heights may increase from height if located over the 100 feet to 170 feet to 250 water or within 100 feet feet. landward of the high water mark; at greater landward distances, the height of such buildings shall not exceed 55 feet plus ½ foot for every additional foot of separation from the high water mark.
310 CMR 9.51(3)(c): Conservation of New or expanded ! 46 feet along cove edge N/A Capacity for Water-dependent Use buildings for ! 100 feet at seaward end (Water-dependent use zone) nonwater-dependent use, of pier (with additional
and parking facilities at or 100 feet as height offset) above grade for any use, ! 26 feet along easterly shall not be located within edge of Pier 4 a water-dependent use ! No net loss of WDUZ zone; Plan may specify area 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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
McCourt/Broderick Parcels A, B, C and D
310 CMR 9.51(3)(c): Conservation of New or expanded No open space is required Parcel E (approximately Capacity for Water-Dependent Use buildings for 8,100 SF) will be 100% (Water-dependent use zone) and nonwater-dependent use, public open space; open 310 CMR 9.51(3)(d): and parking facilities at or space requirements for Conservation of Capacity for above grade for any use, Parcels A-D, F shall be Water-Dependent Use (Lot coverage) shall not be located within aggregated on Parcel E
a water-dependent use at a 1:1 ratio until zone; Plan may specify Parcel E is completed alternative setback and then at a 1.25:1 distances and other ratio on the McCourt requirements which Fan Pier Gateway ensure that new buildings Project property (i.e., for nonwater-dependent outside of jurisdiction, use are not constructed thus 25% more open immediately adjacent to a space), all of which project shoreline, in order shall be located that sufficient space along adjacent to land subject the water's edge will be to c. 91 jurisdiction and devoted exclusively to with a visual connection water-dependent activity to the waterfront; all and public access. open space must be At least one square foot of standards for open the project site at ground space on level (exclusive of areas Commonwealth lying seaward of a project Tidelands and provided shoreline) shall be concurrent with impacts preserved as open space of individual projects. for every square foot of tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site.
310 CMR 9.51(3)(e): Conservation of New or expanded Parcel A: 200 feet For Parcels A-C: 1 SF Capacity for Water-Dependent Use buildings for Parcels B and C: 250 feet of open space for every (Building height) nonwater-dependent use Parcel D: 75 feet 2 SF of NNS
shall not exceed 55 feet in No offset for Parcel D 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 ½ foot for every additional foot of separation from the high water mark.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Barking Crab (2000)
310 CMR 9.51(3)(e): Conservation of New or expanded 75 feet Capacity for Water-dependent Use buildings for nonwater- (Building height) 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 ½ foot for every additional foot of separation from the high water mark.
310 CMR 9.51(3)(c): Conservation of New or expanded 12 feet wide coincident N/A Capacity for Water-dependent Use buildings for nonwater- with public access (Water-dependent use zone) dependent use, and structure, which may be
parking facilities at or an interior arcaded above grade for any use, walkway within the first shall not be located within floor of the new structure 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.
310 CMR 9.51(3)(c): Conservation of New or expanded buildings No open space is required. Payment into open space Capacity for Water-dependent Use for nonwater-dependent fund. (Water-dependent use zone) and 310 use, and parking facilities CMR 9.51(3)(d): Conservation of at or above grade for any Capacity for Water-dependent Use (Lot use, shall not be located coverage) within a water-dependent
use zone; Plan may specify a l t e r n a t i v e s e t b a c k 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 s h o r eline) shall b e preserved as open space for every square foot of tideland area within the combined footprint of b uildings containing nonwater-dependent use on the project site.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Barking Crab (2000) (continued)
310 CMR 9.51(3)(b): “…nonwater-dependent FPTs allowed on pile- Top floor public Conservation of Capacity for Water- Facilities of Private support structures, except observation area (100% dependent Use (Location of facilities Tenancy shall not be on the first, second and of the gross floor area of private tenancy and facilities of located on any pile- top floors; all structures (GFA) on the top floor), public accommodation) supported structures on must be within the capable of being
flowed tidelands, nor at existing pile field FPTs enclosed for all-season the ground level of any allowed on second floor if use; with appropriate filled tidelands within 100 the exterior docking amenities; fully feet of the project facilities, marine services, accessible; identified shoreline…” and interior space prominently by signage;
dedicated to WD uses are no purchase required. fully retained.
Fort Point Historic North District (2000)
310 CMR 9.51(3)(c): Conservation of New or expanded No open space is 1)The City-owned Capacity for Water-dependent Use buildings for nonwater- required. parcel located on (Water-dependent use zone) and 310 dependent use, and Sleeper Street, CMR 9.51(3)(d): Conservation of parking facilities at or immediately adjacent to Capacity for Water-dependent Use above grade for any use, the MBTA Mitigation (Lot coverage) shall not be located within Park and Parcel “E”,
a water-dependent use should be designated as zone; Plan may specify the specific locus for alternative setback investment of the Open distances and other Space Fund, unless the requirements which City can propose an ensure that new buildings alternative site that for nonwater-dependent meets the same use are not constructed standards. immediately adjacent to a 2) 33 Sleeper Street, project shoreline, in order 11-13 Sleeper Street, that sufficient space along and 321-323 Congress the water's edge will be Street shall participate devoted exclusively to in the City’s Open water-dependent activity Space Fund as provided and public access. in the MHP, in At least one square foot of accordance with the the project site at ground schedule of contribution level (exclusive of areas proposed in the MHP. lying seaward of a project 3) The Open Space shoreline) shall be Fund contributions of preserved as open space 33 Sleeper Street, 11-13 for every square foot of Sleeper Street, and 321- tideland area within the 323 Congress Street combined footprint of should be used buildings containing specifically for the nonwater-dependent use design and construction on the project site. 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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Fort Point Historic North District (2000) (continued)
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 New or expanded Historic South District: NNS offset at 2:1 ratio Capacity for Water-dependent Use buildings for nonwater- 150 feet south of Summer (Building height) dependent use shall not Street and 100 feet for
exceed 55 feet in height if remainder of district, located over the water or except at 60 Necco Court, within 100 feet landward which is limited to 80 of the high water mark; at feet. greater landward distances, the height of such buildings shall not exceed 55 feet plus ½ foot for every additional foot of separation from the high water mark.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
Fort Point Historic South and Industrial Districts (2000) (continued)
310 CMR 9.51(3)(c): Conservation of New or expanded 18 feet along edge of Fort N/A Capacity for Water-dependent Use buildings for nonwater- Point Channel for 60 (Water-dependent use zone) dependent use, and Necco Court, no net loss
parking facilities at or of WDUZ area in rest of above grade for any use, Fort Point Historic South shall not be located within District. 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.
ICA (2002)
310 CMR 9.51(3)(c): Conservation of New or expanded Fourth-floor gallery space N/A Capacity for Water-dependent Use buildings for nonwater- may cantilever over (Water-dependent use zone) dependent use, and WDUZ at least 40 feet
parking facilities at or vertically above grade. 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.
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
ICA (2002) (continued)
310 CMR 9.53(2)(b): Activation of At a minimum, at least Public grandstand setback N/A Commonwealth Tidelands for Public 50% of the project site approximately 24 feet Use (Exterior open space for public must be reserved as open from project shoreline, recreation) space for water-dependent not less than 74 feet from
activity and public access. the project shoreline to The open space must be the structure at the located on land (i.e., northeastern edge of the cannot include building and not less than watersheet) and be 68 feet from the project accessible to the general shoreline to the public at all times. On northwestern edge of the Commonwealth building. 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.
100 Acres (2009)
310 CMR 9.51(3)(c): Conservation of “New or expanded An alternative WDUZ The reconfigured Capacity for Water-dependent Use buildings for non will be established that WDUZ will provide at (Water-dependent use zone) waterdependent use… generally increases the least the same land area
shall not be located within minimum setback to 110 as would occur under a waterdependent use feet from the project the standard provisions. zone”. The WDUZ in the shoreline, except for that The WDUZ is larger MHP area includes a portion of the planning throughout most of the setback for non-water area between the Fort planning area and will dependent uses that would Point Channel and 60 enhance public access vary from 80 to 100 feet, Necco Court which will and enjoyment of this depending upon location have a setback of 18 feet. area of the waterfront. and characteristics of No net loss of WDUZ projects that may be will occur. proposed.”
310 CMR 9.52(1)(b)1.: Utilization of “…walkways and related The minimum width will The substitution directly Shoreline for Water-dependent facilities along the entire be widened to 18 feet benefits the public Purposes (Pedestrian access network) length of the Water- clear in areas where the through enhanced
Dependent Use Zone; WDUZ is at least 100 feet access (open 24 wherever feasible, such wide and 12 feet clear hours/seven days per walkways shall be along the remainder of the week); no offsetting adjacent to the project shoreline. public benefit is shoreline and, except as required. otherwise provided in a municipal harbor plan, shall be no less than ten feet in width…”
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
100 Acres (2009) (continued)
310 CMR 9.51(3)(e): Conservation of New or expanded Allow non water- The substitution results Capacity for Water-dependent Use buildings for nonwater- dependent buildings in a required offset for (Building height) dependent use shall not ranging in height from 80 net new shadow. The
exceed 55 feet in height if feet to 180 feet. proposed offset is located over the water or additional public open within 100 feet landward space. This offset is of the high water mark; at permitted on a 1:2 ratio greater landward of additional open distances, the height of space to net new such buildings shall not shadow. exceed 55 feet plus ½ foot for every additional foot of separation from the high water mark. 150 Seaport Boulevard (2016)
310 CMR 9.51(3)(e): Conservation of New or expanded Allow height up to 250 $1.5 million to improve Capacity for Water-dependent Use buildings for nonwater- feet open space within or (Building height) dependent use shall not adjacent to the South
exceed 55 feet in height if Proposed building will Boston MHP planning located over the water or create 16,640 sf in net area, specifically within 100 feet landward new shadow. Martin’s Park at of the high water mark; at Children’s Wharf. greater landward distances, the height of Interior public waiting such buildings shall not area and reception exceed 55 feet plus ½ foot space on the ground for every additional foot floor of the proposed of separation from the development integrated high water mark. within the general lobby
310 CMR 9.51(3)(d): At least one square foot of Up to 75% lot coverage areas, including Conservation of Capacity for Water- the project site at ground may be permitted. amenities and dependent Use (Lot coverage) level (exclusive of areas programming described
lying seaward of a project above with clear shoreline) shall be signage on the interior preserved as open space and exterior of the for every square foot of building. tideland area within the combined footprint of buildings containing nonwater-dependent use on the project site.
310 CMR 9.51(3)(c): Conservation of “New or expanded The required WDUZ The reconfigured Capacity for Water-dependent Use buildings for nonwater- dimensions may be WDUZ will include the (Water-dependent use zone) dependent use, and reconfigured as long as a ten ft. setback from the
parking facilities at or minimum width of ten feet existing project above grade for any use, is maintained along the shoreline (except that shall not be located within project shoreline and as area which is under the a water-dependent use long as the modification cantilevered balcony zone”. results in no net loss of areas) and one of two
WDUZ area. alternative areas of
On the Development Site, approximately 2,000 sf the required WDUZ described above, with a would total 5,768 sf. preference for
“Massport Wharf”.
Regulatory Provision Chapter 91 Standard Approved Amplification Implementation
Mechanism
100 Acres (2009)
310 CMR 9.52: Utilization of “A facility that promotes The amplification of these FPCWAP and South Shoreline for Water-dependent active use of the project requirements directs the Boston Waterfront Purposes shoreline and requires the implementation of these District Municipal
provision of a pedestrian regulations to the Harbor Planning Area network of a kind and to a provision of the boating (SBWDMHPA), degree appropriate for the dock facility and Section 9 and Appendix project site.” pedestrian network 1
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.
310 CMR 9.53: Activation of Nonwater-dependent use The amplification of this FPCWAP Commonwealth Tidelands for Public projects located on requirement will provide Use Commonwealth Tidelands public benefits
must promote public use recommended by the Fort and enjoyment of such Point Channel Watersheet lands to a degree that is Activation Plan in the fully commensurate with WDUZ and adjacent the proprietary rights of watersheet to promote the Commonwealth and public uses and enjoyment that ensures that private of Commonwealth advantages of use are not tidelands. primary merely incidental to the achievement of public purposes.
Regulatory Provision Chapter 91 Standard Approved Amplification Implementation
Mechanism
150 Seaport Boulevard (2016)
310 CMR 9.53(2)(b): Activation of At a minimum, at least 5,000 SF of exterior open Easements with Commonwealth Tidelands for Public 50% of the project site space on a deck beyond Massport Use (Exterior open space for public must be reserved as open the existing project recreation) space for water-dependent shoreline.
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.
(f) Cohasset Municipal Harbor Plan (November 25, 2020).
Regulatory Provision Chapter 91 Standard Approved Substitution Approved Offsetting
Measures
310 CMR 9.51(3)(e): Conservation of New or expanded buildings New or expanded buildings No offset is required Capacity for Water-dependent Use for nonwater-dependent shall not exceed 35 feet in because, no new or (Building height) use shall not exceed 55 height above Base Flood expanded non-water
feet in height if located Elevation within the dependent buildings will over the water or within Harbor Village District be greater than the 100 feet landward of the (HVB) Overlay District. waterways maximum high water mark; at greater numerical standard of 55 landward distances, the feet in height. height of such buildings shall not exceed 55 feet plus ½ foot for every additional foot of separation from the high water mark.
310 CMR 9.52(1)(b)1.: Utilization of “…walkways and related Walkways within the HVB N/A Shoreline for Water-dependent Purposes facilities along the entire Overlay District shall be (Pedestrian access network) length of the Water- along the entire length of
Dependent Use Zone; the water-dependent use wherever feasible, such zone adjacent to the project walkways shall be adjacent shoreline and shall be no to the project shoreline and, less than 25 feet in width. except as o ther wise provided in a municipal harbor plan, shall be no less than ten feet in width…”
(g) Central Waterfront (Everett) Municipal Harbor Plan (February 10, 2014)
Regulatory Provision Chapter 91 Standard Substitution Offsetting Measures
310 CMR 9.51(3)(c): Conservation “New or expanded buildings The required WDUZ The reconfigured of Capacity for Water-dependent for nonwater-dependent use, dimensions may be modified WDUZ will provide Use (Water-dependent use zone) and parking facilities at or as long as a minimum width of at least the same land
above grade for any use, shall 25 feet is maintained along the area as would occur not be located within a water- project shoreline and as long under the standard dependent use zone”. as the modification results in provisions. A mini-
no net loss of WDUZ area. mum of 25 feet will
On the Development Site, the be maintained along required WDUZ would be 100 the project shoreline feet from the southernmost and only Facilities of shoreline along the Mystic Public River, 85 feet along the Accommodation will embayment, and 100 feet from be allowed on the the northern portion of the ground floor of any shoreline along the portions of buildings embayment. that are located within
50 feet of the project shoreline. No net loss of WDUZ will occur.
310 CMR 9.51(3)(b): “…nonwater-dependent Lower Broadway: FPTs may At least an equivalent Conservation of Capacity for Facilities of Private Tenancy be allowed within 100 feet of area of Facilities of Water-dependent Use (Location of shall not be located on any the shoreline. Public Facilities of Private Tenancy and pile-supported structures on Accommodation as Facilities of Public flowed tidelands, nor at the required by the Accommodation) ground level of any filled regulations will be
tidelands within 100 feet of provided elsewhere the project shoreline…” 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 New or expanded buildings Wynn Everett: Allow heights Where increased of Capacity for Water-dependent for nonwater-dependent use up to 55 feet in Area A and up heights result in net Use (Building height) shall not exceed 55 feet in to 400 feet in Area B, as new shadow, one
height if located over the shown in Figure 2. square foot of water or within 100 feet new/additional open landward of the high water Lower Broadway: Allow space beyond what is mark; at greater landward heights up to 105 feet in Area required in the distances, the height of such A and up to 150 feet in Area Waterways buildings shall not exceed 55 B, as shown in Figure 2. regulations will be feet plus ½ foot for every provided in the additional foot of separation Harbor Planning area from the high water mark. within or immediately
adjacent to jurisdiction for every one square foot of net new shadow.
Regulatory Provision Chapter 91 Standard Substitution Offsetting Measures
310 CMR 9.51(3)(d): At least one square foot of the Up to 60% lot coverage For Lower Broadway scenario Conservation of Capacity for project site at ground level (resulting in 40% open development exceeding 50% Water-dependent Use (Lot (exclusive of areas lying space) may be permitted. lot coverage, one or more of coverage) seaward of a project shoreline) the following open space
shall be preserved as open space improvements or public for every square foot of tideland amenities must be provided: area within the combined footprint of buildings containing As a first priority, and to be nonwater-dependent use on the pursued before alternative project site. 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.
(h) Gloucester Municipal Harbor Plan and DPA Master Plan (July 6, 1999, as renewed and amended on December 11, 2009 and December 19, 2014).
1. Table 1. Substitute Standards and Offsetting Measures.
Plan-wide (2009, 2014)
Regulatory Provision Chapter 91 Standard Substitution Offsetting Measures
310 CMR 9.51(3)(c): New or expanded buildings for For project sites that meet Substitution provision can Conservation of Capacity for nonwater-dependent use, and the eligibility standard, only be applied to those Water-dependent Use parking facilities at or above the required WDUZ project sites where it is shown (Water-dependent use zone) grade for any use, shall not be dimensions may be that application of the c. 91
located within a water-dependent modified as long as a standard would result in an use zone; except as provided minimum width of 25 feet inefficient siting of uses in the below, the width of said zone is maintained along the WDUZ, and where the shall be determined as follows: project shoreline and the reconfiguration achieves 1. along portions of a project ends of piers and wharfs greater effectiveness in the use shoreline other than the edges of and a minimum of 10 feet of the water's edge for water- piers and wharves, the zone along the sides of piers dependent industrial use. extends for the lesser of 100 feet and wharves, and as long The reconfigured zone must or 25% of the weighted average as the modification results be adjacent to the waterfront distance from the present high in no net loss of WDUZ and result in an increase in water mark to the landward lot area. WDUZ immediately adjacent line of the property, but no less to the water. In no case will a than 25 feet; and reconfigured WDUZ that 2. along the ends of piers and results in an area separated wharves, the zone extends for from the waterfront or in a net the lesser of 100 feet or 25% of loss of WDUZ be allowed. 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.
Table 2. Summary of Amplifications.
Plan-wide (2009, 2014 (continued)
Regulatory Provision Chapter 91 Standard Approved Amplification 310 CMR 9.36(4)(b): Standards “…the project shall include arrangements No project will displace existing to Protect Water-dependent Uses determined to be reasonable by the Department commercial fishing vessel berthing in (Displacement of water- for the water-dependent use to be continued at Gloucester Harbor without providing dependent uses) its existing facility, or at a facility at an reasonably equivalent berthing space on
alternative location having physical attributes, site or at a suitable alternative site not including proximity to the water, and associated already used by commercial fishing business conditions which equal or surpass those vessels. of the original facility and as may be identified in a municipal harbor plan…”
310 CMR 9.36(5)(b)4.: “…in the case of supporting DPA use, For properties with a water-dependent Standards to Protect conditions governing the nature and extent of industrial hub port use, economic support W a t e r - d e p e n d e n t U s e s operational or economic support must be from the supporting use to the hub use (Supporting DPA Use) established to ensure that such support will be will be presumed.
effectively provided to water-dependent- If no water-dependent industrial use industrial uses…” 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.
3 10 CMR 9 .5 2 ( 1 ) ( b ) 1 . : “…walkways and related facilities along the To the extent practicable for a site, Utilization of Shoreline for entire length of the Water-Dependent Use Zone; public access facilities shall be integrated Water-dependent Purposes wherever feasible, such walkways shall be into a project to activate the waterfront as (Pedestrian access network) adjacent to the project shoreline and, except as part of the open space required with a
otherwise provided in a municipal harbor plan, non-water dependent supporting DPA shall be no less than ten feet in width…” 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.
Plan-wide (2009, 2014) continued
Regulatory Provision Chapter 91 Standard Approved Amplification 310 CMR 9.12(2)(b): The Department shall find to be water- In addition to existing allowable water- Determination of Water- dependent industrial the following uses: dependent industrial uses, MassDEP dependency (Water-dependent 1. Marine terminals and related facilities for may find that marine research, testing industrial uses) the transfer between ship and shore, and the or development activities are water-
storage of bulk materials or other goods dependent industrial uses if they transported in waterborne commerce include the following characteristics: 2. Facilities associated with commercial 1. Access to coastal waters for passenger vessel operations research, testing or development; and 3. Manufacturing facilities relying primarily 2. Commercial fishing facilities, on the bulk receipt or shipment of goods including those engaged in research, by waterborne transportation testing, or development related to 4. Commercial fishing and fish processing commercial fishing safety, facilities conservation, and sustainability; or 5. Boatyards, dry docks, and other facilities 3. Boatyards, dry docks, and other related to the construction, serving, fishing facilities related to the maintenance, repair, or storage of vessels or construction, serving, maintenance, other marine structures repair, or storage of vessels or other 6. Facilities for tugboats, barges, dredges, or marine structures engaged in marine other vessels engaged in port operations or science and technology, including marine construction research, development, or testing; or 7. Any water-dependent use listed in 310 4. Facilities for tugboats, barges, CMR 9.12(2)(a)9. through 14., provided the dredges, or other vessels engaged in Department determines such use to be port operations or marine construction, associated with the operations of a Designated including those related to marine Port Area research, development, or testing. 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).
Table 3: Planning Principles and Priorities.
Planning Principle/Priority Decision Standard Implementation Mechanism Allow up to 50% DPA supporting MassDEP shall not license commercial commercial uses on filled tidelands DPA supporting uses within the Chapter 91 Licensing for most properties within the DPA Gloucester DPA within filled and by transferring the supporting use flowed tidelands in the following areas: allowances for certain key parcels on the State Fish Pier; the U.S. Coast that will be 100% water-dependent Guard Facility; Cruiseport Gloucester; industrial use. 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.
(i) Lynn Municipal Harbor Plan and DPA Master Plan (June 28, 2010, as renewed and amended on November 25, 2020).
1. Table 1. Substitute Standards and Offsetting Measures.
Approved
Regulatory Provision Chapter 91 Standard Approved Substitution
Offsetting Measures
310 CMR 9.51(3)(c): New or expanded buildings for A minimum WDUZ setback No offset is required Conservation of Capacity nonwater-dependent use, and parking of 100 feet from the as the substitution for Water-dependent Use facilities at or above grade for any use, shoreline, with a net total increases the WDUZ (Water-dependent use zone) shall not be located within a water- WDUZ area equal to or required under
dependent use zone; except as provided greater than the area of a 200 310 CMR 9.51(3)(c). below, the width of said zone shall be feet WDUZ setback for the determined as follows: project site. 1. along portions of a project shoreline Applies to the harbor focus other than the edges of piers and area only. 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.
310 CMR 9.52(1)(b)1.: “…walkways and related facilities Minimum walkway width of No offset is required Utilization of Shoreline for along the entire length of the Water- 15 to 30 feet outside of the because in all cases Water-dependent Purposes Dependent Use Zone; wherever DPA and within the harbor the waterfront (Pedestrian access network) feasible, such walkways shall be focus area, unless the width promenade will be no
adjacent to the project shoreline and, is physically constrained. less than the except as otherwise provided in a In no cases will the allowed waterways minimum municipal harbor plan, shall be no less width be less than ten feet. numerical standard of than ten feet in width…” Width shall be consistent ten feet wide.
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.
Regulatory Provision Chapter 91 Standard Approved Amplification 310 CMR 9.52: Utilization A nonwater-dependent use project that Applies the tidelands standards at 310 CMR of Shoreline for Water- includes fill or structures on any 9.53(2) for public use to any tideland areas within dependent Purposes tidelands shall devote a reasonable the expanded WDUZ outside of the DPA and
portion of such lands to water- within the harbor focus area, with specific dependent use, including public access guidance from the 2019 Waterfront Open Space in the exercise of public rights in such Master Plan (2019 WOSMP). This amplification lands. In applying this standard, the requires that these areas are designed to “maintain Department shall take into account any substantial public activity on the site on a year- relevant information concerning the round basis, with public parks, plazas, and capacity of the project site to serve observation areas that also have public amenities such water-dependent purposes, that shall include seating, lighting, trash especially in the vicinity of a water- receptacles, restrooms, and children’s play areas, dependent use zone; and shall give as appropriate” and must be consistent with the particular consideration to applicable 2019 WOSMP. guidance specified in a municipal harbor plan, as provided in 310 CMR 9.34(2)(b)2.
310 CMR 9.52(1)(b)1.: A pedestrian access network of a kind Design, materials, and layout for the waterfront Utilization of Shoreline for and to a degree that is appropriate for promenade within the WDUZ and outside of the Water-dependent Purposes the project site and the facility(ies) DPA and within the harbor focus area shall be (Pedestrian access network) provided in 310 CMR 9.52(1)(a). consistent with the guidelines provided in the
2019 WOSMP.
310 CMR 9.52(1)(b)2.: A pedestrian access network of a kind Specifies locations, with a process for substitute Utilization of Shoreline for and to a degree that is appropriate for locations, for public access walkways to connect Water-dependent Purposes the project site and the facility(ies) the Lynnway to the project shoreline through the (Pedestrian access network) provided in 310 CMR 9.52(1)(a); at a harbor planning area (HPA). Design and amenity
minimum, such network shall consist requirements for these lateral accessways shall be of: appropriate connecting walkways as shown and described in the 2019 WOSMP. 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.
Planning Decision Standard Implementation Mechanism Principle/Priority
Continue lateral pedestrian Lateral accessways shall be in the Required through the Secretary’s discretionary access network with locations and with design and amenity provisions for a public benefits determination consistent design and requirements as shown and described in under 301 CMR 13.00 amenities to the Lynnway the 2019 WOSMP for entire length
Planning Decision Standard Implementation Mechanism Principle/Priority
Require the use of nature- Where feasible and appropriate, Chapter 91 licensing based shorelines and consistent with guidance from the 2019 incorporation of increased WOSMP elevation to address future climate-related impacts.
(j) Nantucket and Madaket Municipal Harbor Plan (December 21, 2009)
Regulatory Provision Chapter 91 Standard Amplification 310 CMR 9.51: Conservation A nonwater-dependent use The amplification of these requirements prohibits any of Capacity for Water- project on any tidelands shall new non-water dependent use, or extension of an dependent Use not unreasonably diminish the existing non-water dependent use, that would:
capacity of such lands to 1. displace or significantly disrupt an existing water accommodate water-dependent dependent use; use. Facilities of Private 2. unreasonably disrupt an existing water-dependent Tenancy must be developed in a use; manner that prevents significant 3. unreasonably diminish the capacity of the site to conflicts in operation with accommodate future water-dependent uses; and water-dependent uses that can 4. impede or infringe upon existing public access reasonably be expected to locate on or near the water.
310 CMR 9.51: Conservation A nonwater-dependent use The amplification of these requirements prohibits of Capacity for Water- project on any tidelands shall certain water-dependent uses determined in the Plan to dependent Use not unreasonably diminish the conflict with the traditional and historic use and and 310 CMR 9.35(2)(a): capacity of such lands to character of the Harbor Overlay District, including: Standards to Preserve Water- accommodate water-dependent ! Cruise ship terminals or support services; related Public Rights (Public use. Facilities of Private ! Personal watercraft rental; and Navigation Rights Applicable Tenancy must be developed in a ! New facilities of private tenancy. to All Waterways) 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.
310 CMR 9.35(3)(a)1. and 2.: The project shall not: The amplification of these requirements prohibits the Standards to Preserve Water- 1. pose a substantial obstacle to construction of new private docks or piers, but exempts related Public Rights (Public the public's ability to fish or certain public or commercial water-dependent dock and Rights of Fishing and Fowling fowl in waterway areas adjacent pier projects within the Harbor Overlay District. Applicable to Tidelands and to the project site; Great Ponds) and 310 CMR 2. result in the elimination of a 9.35(2)(a): Standards to traditional fishing or fowling Preserve Water-related Public location used extensively by the Rights (Public Navigation public; or Rights Applicable to All 3. interfere with public rights of Waterways) navigation
(k) New Bedford Fairhaven Municipal Harbor Plan and DPA Master Plan (September 24, 2002, as renewed and amended on June 14, 2010)
1. Table 1. Substitute Standards and Offsetting Measures
Approved Offsetting
Regulatory Provision Chapter 91 Standard Approved Substitution
Measures
Shoreline within MHP Planning Area and outside of the DPA
310 CMR 9.52(1)(b)1.: “…walkways and related Plan proposes to establish No offsetting measures were Utilization of Shoreline for facilities along the entire a dedicated 20-foot wide necessary as the proposed Water-dependent Purposes length of the Water- public access walkway substitution “will promote, with (Pedestrian access network) Dependent Use Zone; along the portion of New comparable or greater
wherever feasible, such Bedford and Fairhaven effectiveness, the state tidelands walkways shall be adjacent shoreline that is located policy objectives.” to the project shoreline outside the DPA and and, except as otherwise within that portion of the provided in a municipal harbor bounded by the harbor plan, shall be no hurricane barrier on the less than ten feet in South and the Rt. 195 width…” bridge on the North.
Planning Principle/Priority Decision Standard Implementation Notes
Mechanism
Area-wide
2010 MHP and 2020 MHP EPA makes all final MADEP coordinates the See 2020 MHP Clarification Clarification approved Potential decisions on SER Work SER Work Plan reviews for potential PNDA and Navigational Dredge Areas Plans for PNDA’s and and inputs from state and WDSF location. (PNDA) and potential WDSFs. Approved SER federal agencies. EPA Waterfront Development activities are exempt from makes all final decisions Shoreline Facility (WDSF) all state and federal on SER Work Plans for locations. Inclusion in the procedural regulatory PNDA’s and WDSFs. MHP and Clarification allowed requirements, but must these areas to be eligible for continue to meet all navigational dredging and substantive environmental potential filling of shoreline standards. facilities with clean material through a stream-lined permitting process within the Superfund Regulations known as the State Enhanced Remedy (SER).
(l) (Provincetown Harbor Management Plan (May 4, 1999, as renewed and amended on February 29, 2012 and April 10, 2019)
1. Table 1. Substitute standards and offsetting measures
Approved Offsetting
Regulatory Provision Chapter 91 Standard Approved Substitution
Measures
Fisherman's Wharf
310 CMR 9.32(1)(a): Public walkway must be The required ten feet wide Payment of $205,500 to the Categorical Restrictions on Fill located within the footprint walkway on the western Harbor Access Gift Fund and Structures [Tideland of the existing pile side of the wharf may be (Outside of ACECs and DPAs)] supported structure located either within the
existing pier footprint or cantilevered beyond the footprint of the existing pier.
227R Commercial Street
310 CMR 9.51(3)(c): New or expanded buildings WDUZ reconfiguration (no N/A Conservation of Capacity for for nonwater-dependent net loss); no less than 25 Water-dependent Use (Water- use, and parking facilities feet setback dependent use zone) at or above grade for any
use, shall not be located within a water-dependent use zone.
310 CMR 9.51(3)(d): At least one square foot of Lot Coverage shall not Monetary contribution to Conservation of Capacity for the project site at ground exceed 60% Harbor Access Fund; Public Water-Dependent Use (Lot level (exclusive of areas amenities. Amount to be coverage) lying seaward of a project determined at time of licensing
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.
Regulatory Provision Chapter 91 Standard Approved Amplification
310 CMR 9.16(2)(c): Fees Except as provided in 310 The Provincetown Harbor Plan requires that tidewater (Tidewater displacement fee) CMR 9.16(4), prior to displacement fees levied by DEP be paid directly to
issuance of a license for any the Provincetown Harbor Access Fund, as described in fill or structure that will Section 6(a)(2) of this Plan. 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.
Regulatory Provision Chapter 91 Standard Approved Amplification
310 CMR 9.22(1): Maintenance, “No application for license or The Provincetown Harbor Plan calls for a strict Repair, and Minor Project license amendment shall be enforcement of this requirement and for close Modifications (Maintenance and required for [maintenance and coordination between DEP and the Provincetown repair of fill and structures) repair] activity. Maintenance Building Inspector, to determine when further
and repair include... licensing is required for structures that have been restoration to the original damaged beyond the 50% replacement cost limit. 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...”
310 CMR 9.22(3): Maintenance, The licensee may undertake The Provincetown Harbor Plan calls for strict Repair, and Minor Project minor modifications to a enforcement of this requirement and for DEP to Modifications (Minor project license project without filling provide the Harbor Committee with opportunity to modifications) an application for license or review and comment upon any written notice of
license amendment. Such proposed minor project modification. 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.
(m) Salem Municipal Harbor Plan and DPA Master Plan (June 24, 2008)
1. Table 1. Substitute Standards and Offsetting Measures
Approved Offsetting
Regulatory Provision Chapter 91 Standard Approved Substitution
Measures
310 CMR 9.51(3)(c): New or expanded buildings for The minimum width of the There can be no net loss of Conservation of Capacity nonwater-dependent use, and WDUZ along the waterfront WDUZ area. Requires the for Water-dependent Use parking facilities at or above will be no less than 20 feet; creation of two permanent (Water-dependent use grade for any use, shall not be the remaining area required by pedestrian access corridors zone) located within a water- the Chapter 91 WDUZ and one permanent view
dependent use zone; except as calculation may be corridor linking the provided below, the width of redistributed to create downtown area of Salem to said zone shall be determined pedestrian/view corridors. the waterfront. as follows: 1. along portions of a project Applies only to Sub-area A shoreline other than the edges South Commercial Waterfront of piers and wharves, the zone District. 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;
310 CMR 9.51(3)(e): New or expanded buildings for Allow non-water dependent Additional public open space Conservation of Capacity nonwater-dependent use shall buildings to be 70 feet in is required on the site for Water-dependent Use not exceed 55 feet in height if height, consistent with local calculated by determining the (Building height) located over the water or within zoning. additional shadow cast at the
100 feet landward of the high ground level by the water mark; at greater landward Applies only in Sub-area A in additional building mass distances, the height of such the South Harbor District. during full sun conditions on buildings shall not exceed 55 October 23rd between 9:00 feet plus ½ foot for every A.M. and 3:00 P.M. No more additional foot of separation than half the additional open from the high water mark. space may be used for
parking.
310 CMR 9.51(3)(e): New or expanded buildings for Allow non-water dependent Require the addition of a Conservation of Capacity nonwater-dependent use shall buildings to be 70 feet in ground-level public space in for Water-dependent Use not exceed 55 feet in height if height, consistent with local a “turret” portion of the new (Building height) located over the water or within zoning. Harborwalk gateway adjacent
100 feet landward of the high to Congress Street. Require water mark; at greater landward Applies only in the Waterfront additional landscaping and distances, the height of such Complex site at Pickering design elements to improve buildings shall not exceed 55 Wharf. appearance and to screen the feet plus ½ foot for every gateway from the building’s additional foot of separation loading and service areas. from the high water mark. Require construction of an
observation platform on the southeast corner of Pickering Wharf.
Approved Offsetting
Regulatory Provision Chapter 91 Standard Approved Substitution
Measures
310 CMR 9.52(1)(b)1.: “…walkways and related Require a dedicated 20-foot The substitution directly Utilization of Shoreline for facilities along the entire length wide public walkway around benefits the public through Water-dependent Purposes of the Water-Dependent Use the South River, of which a improved access of 20 feet (Pedestrian access Zone; wherever feasible, such minimum of ten feet shall be instead of ten feet. No network). walkways shall be adjacent to an unobstructed pathway. The additional offsetting benefit
the project shoreline and, inland ten feet will be used for is required. except as otherwise provided in landscaping and accessory a municipal harbor plan, shall amenities to enhance the be no less than ten feet in general public’s waterfront width…” experience.
Applies only in the South River Waterfront Sub-area
Regulatory Provision Chapter 91 Standard Approved Amplification 310 CMR The amount of supporting Only water-dependent industrial uses and temporary uses will 9.02: Definitions Designated Port Area Uses on be allowed in the Industrial Port District sub-area of the (Supporting DPA Uses) filled tidelands within a DPA DPA.
shall not exceed 25% of the area of the project site.
Regulatory Provision Chapter 91 Standard Alternative Site Offsetting Measure(s)
Coverage Ratio
SUPPORTING DPA The Department shall Applicable to 111 For any area of Supporting USES: waive the numerical Eastern Avenue: DPA Use in excess of 25% 310 CMR standard for Supporting of the project site within 9.32(1)(b)5 DPA Uses as defined at Supporting DPA Uses Chapter 91 jurisdiction,
310 CMR 9.02, if the may occupy up to 35% direct operational or project conforms to a DPA of filled tidelands economic support shall be Master Plan or Marine outside of the provided to an extent that Industrial Park Master Plan water-dependent use adequately compensates for which specifies alternative zone. the reduced amount of site coverage ratios and tidelands on the project site other requirements which available for ensure that: water-dependent industrial 1. said Supporting Uses are use during the term of the relatively condensed in license. footprint and compatible with existing Offset in the capacity of water-dependent industrial operational support shall be uses on said pier; preferred. 2. said Supporting Use locations shall preserve and If employed, economic maintain the site's utility support shall be calculated for existing and prospective at a premium rate, to be water-dependent industrial determined during the uses; Chapter 91 licensing 3. parking associated with a process. Supporting Use is limited to the footprint of existing Economic support payments licensed fill and is not may be made to the located within a Waterfront Improvement Water-dependent Use Fund to provide direct Zone; and support to Water-dependent 4. The use of tidelands for Industrial Use in the DPA. 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).
Regulatory Provision Chapter 91 Standard Approved Offsetting Measure(s)
Substitution
HEIGHT LIMITS: New or expanded buildings Applicable to 111 The maximum height of any 310 CMR for non-water-dependent Eastern Avenue: proposed structure on the 9.51(3)(e) use shall not exceed 55 feet project site shall be limited
in height if located over the Allow new or expanded to 80 feet and result in water or within 100 feet of buildings for decreased massing from the high-water mark; for non-water- dependent what is allowed under the every foot beyond 100 feet use to be built to 80 regulation. from the shoreline, the feet in height within height of the building can 100 feet of the DEP will evaluate the need increase by 0.5 feet. shoreline. for additional offsetting
measures during licensing.
Regulatory Provision Chapter 91 Standard Approved Offsetting Measure(s)
Substitution
WATER New or expanded buildings Applicable planning The reconfigured WDUZ DEPENDENT USE for nonwater-dependent area wide: shall result in no net loss of ZONE: use, and parking facilities total WDUZ area and must 310 CMR at or above grade for any The required WDUZ be adjacent to the waterfront 9.51(3)(c) use, shall not be located dimensions may be and within Chapter 91
within a water-dependent modified on any project jurisdiction and achieve a use zone; except as site within the planning greater effectiveness in the provided below, the width area as long as a use of the water's edge for of said zone shall be minimum width of 25 water-dependent industrial determined as follows: feet is maintained along use if within the DPA or 1. along portions of a the project shoreline water-dependent use outside project shoreline other than and as long as the of the DPA. the edges of piers and modification results in wharves, the zone extends no net loss of WDUZ This substitution does not for the lesser of 100 feet or area within Chapter 91 alter the calculation for 25% of the weighted jurisdiction. WDUZ on piers and wharfs. 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.
Regulatory Provision Chapter 91 Standard Approved Substitution COASTAL OR 9.37(2)(b)(2) incorporate Applicable planning area wide: SHORELINE projected sea level rise ENGINEERING during the design life of the Coastal or shoreline engineering structures shall be STRUCTURES: buildings; at a minimum, designed to accommodate future sea level rise for the 310 CMR such projections shall be life of the structures on site and shall not negatively 9.37(2)(b)(2) and (3) based on historical rates of affect the capacity of the DPA to support
increase in sea level in water-dependent industrial uses. 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.
REGULATORY AUTHORITY
310 CMR 9.00: M.G.L. c. 21A, §§ 2, 4, 8 and 14; M.G.L. c. 91, §§ 1 through 63; M.G.L. c. 91, § 18.