Notwithstanding any general or special law, rule or regulation to the contrary, including 310 CMR 9.00 et. seq., the department of environmental protection may issue a consolidated written determination for Commercial Wharf, comprised of certain parcels of land and water and adjoining Dock in Common and Common Highway shown on a plan entitled "Subdivision Plan of Land, Boston (Boston Proper), Mass. Commercial Wharf" prepared by Whitman and Howard, dated May 2, 1985. Without limitation, any such written determination may authorize uses and structures on Commercial Wharf, even if such uses and structures are not otherwise in compliance with G.L. Chapter 91 and 310 CMR 9.00, provided that such written determination:
a) finds that the structures and uses to be licensed on Commercial Wharf as a whole serve a proper public purpose and provide greater public benefits than public detriments to the rights of the public in the tidelands; and
b) includes conditions sufficient to ensure said benefits, including, but not limited to:
1) a minimum 10 foot wide continuous public access harborwalk from Christopher Columbus Park out around Commercial Wharf and connecting back to the Atlantic Avenue sidewalk on the north side of Commercial Wharf; and
2) ground floor facilities of public accommodation equal to at least 50% of the footprint of buildings to be licensed; and
3) provisions for vehicular access and parking sufficient to support water dependent uses on the wharf; and
4) a maximum height of 55 feet for any new buildings to be licensed; and
5) that individual licenses shall be issued for each parcel on Commercial Wharf based on the consolidated written determination specifying responsibilities for each licensee.
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