HOUSE DOCKET, NO. 2940 FILED ON: 2/18/2021
HOUSE . . . . . . . . . . . . . . . No. 3720
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The Commonwealth of Massachusetts
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PRESENTED BY:
Aaron Michlewitz
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act confirming Commercial Wharf East Condominium Association present uses as authorized by the Downtown Waterfront-Faneuil Hall Urban Renewal Plan and Chapter 663 of the Acts of 1964 and Chapter 310 of the Acts of 1972 and preventing residents from being forced to sell their property and leave.
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PETITION OF:
Name: | District/Address: | Date Added: |
Aaron Michlewitz | 3rd Suffolk | 2/18/2021 |
HOUSE DOCKET, NO. 2940 FILED ON: 2/18/2021
HOUSE . . . . . . . . . . . . . . . No. 3720
By Mr. Michlewitz of Boston, a petition (accompanied by bill, House, No. 3720) of Aaron Michlewitz for legislation to further regulate the authority of the Department of Public Works and the Boston Redevelopment Authority to exercise certain powers in regard to certain tidelands along the Atlantic Avenue and Commercial Street waterfront in the city of Boston. Environment, Natural Resources and Agriculture. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act confirming Commercial Wharf East Condominium Association present uses as authorized by the Downtown Waterfront-Faneuil Hall Urban Renewal Plan and Chapter 663 of the Acts of 1964 and Chapter 310 of the Acts of 1972 and preventing residents from being forced to sell their property and leave.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Whereas, one of the public purposes set forth in the Downtown Waterfront-Faneuil Hall Urban Renewal Plan, dated April 15, 1964 as adopted by the Boston Redevelopment Authority (“BRA”) and the City of Boston, and authorized through Chapter 663 of the Acts of 1964 and Chapter 310 of the Acts of 1972 was to preserve the historic granite building on Commercial Wharf that was built with granite quarried from Quincy, MA and utilized construction techniques that were unique at the time;
Whereas, one of the public purposes was to revitalize the City of Boston through the restoration of residential communities along the waterfront and to rehabilitate the building on Commercial Wharf into a mixed-use condominium facility that was predominantly residential but also permitted the first and second floors of the condominium building to be used for residential, office or other commercial use, together with accessory uses as required by the Urban Renewal Plan;
Whereas, one of the public purposes of the Urban Renewal Plan was to preserve the waterfront for public use and to foster such use by limiting development along the waterfront that would interfere with public access, use and enjoyment of the waterfront through height and other restrictions;
Whereas, to accomplish these public purposes, the BRA in consultation with the Department of Public Works (then entrusted with the implementation of M.G.L. c. 91) entered into a Rehabilitation Agreement, dated May 10, 1974 and recorded at the Registry in Book 8710, Page 63 and as part of the Rehabilitation Agreement required that Commercial Wharf be used in certain ways and required as well an easement over Commercial Wharf for the purpose of public access to the waterfront for the purposes of fishing, fowling and navigation;
Whereas, the requirements of the Rehabilitation Agreement were implemented through the Master Deed for Commercial Wharf East Condominium Association as well as through individual deeds that permitted the first and second floors of the building to be used interchangeable for residential, office or other commercial uses;
Now, Therefore, the Downtown Waterfront-Faneuil Hall Urban Renewal Plan, as implemented through Chapter 663 of the Acts of 1964 and Chapter 310 of the Acts of 1972, is hereby acknowledged to serve a proper public purpose and, accordingly, the Commonwealth affirms that the present uses of the land, as set forth in the 1974 Rehabilitation Agreement and Master Deed, have been and are properly authorized in conjunction with such public purpose by Chapter 663 of the Acts of 1964 and Chapter 310 of the Acts of 1972 and under M.G.L. c. 91. Such uses include using the units on the first and second floor of Commercial Wharf interchangeably for residential, office or other commercial purposes together with existing accessory uses.