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March 29, 2024 Rain | 38°F
The 193rd General Court of the Commonwealth of Massachusetts

AN ACT CONFIRMING AND AUTHORIZING COMMERCIAL WHARF EAST CONDOMINIUM ASSOCIATION’S USES AND STRUCTURES LOCATED ON PRIVATE TIDELANDS

    Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize the department of environmental protection to issue a certain waterways license, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

     Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

     (a)  Notwithstanding any general or special law, rule or regulation to the contrary, the department of environmental protection is hereby authorized, after receipt of a completed application for a waterways license under chapter 91 of the General Laws and 310 CMR 9.00, to issue  a waterways license, within a reasonable time period, authorizing: (i) all current uses within the 5- story granite block building located on private tidelands and located on a certain parcel of land owned or managed by the Commercial Wharf East Condominium Association and its individual unit owners in the city of Boston as shown on the plan of land entitled “Subdivision Plan of Land, Boston (Boston Proper), Mass. Commercial Wharf,” prepared by Whitman and Howard, dated May 2, 1985 and recorded in the Suffolk county registry of deeds in book 11880, page 298, so long as such uses are consistent with the condominium’s 1978 Master Deed, on file with the Suffolk county registry of deeds in book 9083, page 305; (ii) any existing structural alterations to the building completed on or before the effective date of this act; and (iii) all presently existing types of accessory uses of the condominium association and its unit owners that are located on private tidelands and that were existing as of January 1, 1984, including any existing easements or other property rights.  The property, situated on private tidelands, is currently used by the Commercial Wharf East Condominium Association and its unit owners as a mixed-use condominium property. For the purposes of this section, “private tidelands” shall mean “private tidelands” as defined in section 1 of said chapter 91.
     Any changes in use of the building after the effective date of this act that are inconsistent with the Master Deed as recorded on the effective date of this act and any structural alterations that alter the building’s exterior height or surface area dimensions after the effective date of this act shall require a new or amended waterways license under said chapter 91.
     (b)  As consideration for the issuance of the waterways license and the public benefits provided by such licensure, including public access to the wharf that furthers the use and enjoyment of the waterfront by the citizens of the commonwealth, the Commercial Wharf East Condominium Association and its unit owners may, upon receipt of a waterways license issued by the department that is consistent with subsection (a), maintain the present structures, including the entire condominium building and all existing structural alterations, and the present use of the building as a mixed-use condominium facility, including the continued historic use of the first and second floor of the condominium as facilities of private tenancy for interchangeable residential or office use as set forth in the 1978 Master Deed referenced in said subsection (a) and any amendments to the Master Deed executed prior to the effective date of this act, along with such existing accessory uses located on private tidelands; provided, however, that to provide for public access on the wharf and for the use and enjoyment of the waterfront by the citizens of the commonwealth, the Commercial Wharf East Condominium Association shall:
     (i)  build, construct and maintain in perpetuity a 10-foot harborwalk along the southside of Commercial Wharf on its property, substantially in accordance with the plan entitled “Commercial Wharf Harborwalk Commercial Wharf Boston, MA 02110” dated May 17, 2022, and on file with the city of Boston with public access signage reasonably approved by the department;
     (ii)  re-pave and re-line the common area parking on private tidelands so as to provide safe and well-marked pedestrian and vehicular access to Commercial Wharf and the harborwalk;
     (iii)  provide and maintain a redesigned entrance to Commercial Wharf’s southside, which shall include “Welcome to Commercial Wharf”, as shown on said plan referenced in clause (i), with directional signage reasonably approved by the department to the public harborwalk constructed pursuant to clause (i) and shall facilitate and allow for the existing public access on the northside of Commercial Wharf on its property; and
     (iv)  not be subject to any other conditions or costs, except standard conditions contained in the regulations promulgated pursuant to chapter 91 of the General Laws to which all waterways licenses are subject that do not in any way conflict with or limit the specific provisions of this act.
     (c)  Notwithstanding any general or special law, rule or regulation to the contrary, this act shall be narrowly construed and shall not, except as specifically provided in this act, otherwise affect the application of chapter 91 of the General Laws.

Approved, December 22, 2022.