Boston’s downtown municipal harbor plan and the blue way - by Susan Bernstein

Susan Bernstein, attorney at law

What’s “green” about these proposals for Boston’s downtown waterfront? Each one contemplates the public’s right to access the water and the need to combat the predicted rise in sea level, and other climate concerns, referred to as “climate change resilience and protection.”

In September, the Boston Planning and Development Agency (BPDA), the former BRA, issued its draft amended Municipal Harbor Plan for Downtown Boston (the plan). The plan is aimed at modifying the development criteria found in the state’s Chapter 91 Public Waterways Act (c. 91), which limits height and density, and provides open space requirements, as well as offsets and fees. The goal will be to encourage development that expands rather than contracts the public’s access to the water, while providing relief from the requirements including allowing appropriately massed buildings to extend their heights beyond  c. 91 limits.

The plan’s focus is on three “in process” projects, as well as all future development within the Downtown Waterfront section of the city, a 42-acre area extending from Northern Ave. on the south to Christopher Columbus Park in the North End; and from the harbor on the east to Atlantic Ave. on the west.

The “in process” projects include: the Harbor Garage adjacent to the New England Aquarium (NEA); Hook Lobster adjacent to the Northern Ave. Bridge; and the Marriott at Long Wharf. Additionally, the plan addresses other development aspects in the context of c. 91 and other city of Boston climate control initiatives (the Climate Action Plan, Climate Ready Plan, and Boston Zoning Code Article 37). A major focus of the plan is energy efficiency and climate change, including: engineering and construction standards, building height, open space, and flood control conditions (recognizing the Flood Insurance Rate Maps (FIRMs) effective March 2016 and the Special Flood Hazard Area subject to the 100-year storm event that includes much of the plan’s area). The plan proposes that property owners will complete an Existing Conditions Climate Change Preparedness Plan (already a part of other Boston permits), in order to provide a baseline for these issues. The plan states: “Climate change resilience and protection from storm surges is critical for both the public realm and the private properties in the area. New public spaces and buildings should be designed to withstand inundation and flooding. Retrofitting existing buildings and landscapes poses challenges, but should be encouraged. Significant research and analysis has been conducted on best practices.”

The “Blue Way,” is a plan offered by the NEA that envisions a route to the harbor’s edge, connecting the Greenway with the harbor. The NEA plan may dovetail with the redevelopment of the Harbor Garage. Another non-profit group has also prepared a plan aimed at improvements that will enhance pedestrian access at the featured properties.

After public meetings and refinement, the plan will be submitted to the Secretary of EOEEA, pursuant to state regulations, for final approval to modify the c. 91 regulations, as they apply to the Downtown Waterfront.

Susan Bernstein is an attorney at law, Needham, Mass.