Police & Fire Real Estate

Commercial Wharf / Yacht Haven – Document Review of Chapter 91 Request for Determination

Image from Request for Determination of Applicability (Commercial Wharf East) filed by Boston Boat Basin LLC (Yacht Haven)

Residents and businesses at or near Commercial Wharf will be interested in these recent public filings at the Department of Environmental Protection (DEP). The primary stakeholders are Boston Boat Basin, LLC, owners of Yacht Haven marina, and CWECA, the condominium association at Commercial Wharf. In addition, there is an ongoing dispute regarding Harborwalk access and parking at Commercial Wharf.

Previously, a notice was posted regarding a review of Commercial Wharf’s Chapter 91 status. A visit to the DEP office in Downtown Crossing revealed the following documents. (Click the links below for images of the documents.)

Request for Determination of Applicability under Chapter 91 regarding Commercial Wharf East
Submitted by Boston Boat Basin LLC, (i.e., Yacht Haven) and prepared by Fort Point Associates
Part 1
Part 2
Part 3

In its filing, Boston Boat Basin LLC is challenging the Commercial Wharf East building (84 Atlantic Avenue) and its compliance with Chapter 91 regulations. The request for review is largely based on the conversion of use at Commercial Wharf from commercial to residential units over the years. The submittal includes maps and figures regarding the properties and areas in question.

Response Letter from Commercial Wharf Condominium Association (pdf) – The letter states that the DEP already reviewed the “commercial to residential” conversion issue in 2004 and previously made a determination. It also addresses an “apparent pretext for creating litigation leverage.”

Regarding the ongoing Harborwalk dispute at Commercial Wharf, the condo association letter says:

“Although CWECA (the condo association at Commercial Wharf) has been willing to allow a portion of its property to be used to complete the South Side Harborwalk, it has not been completed. Among the primary impediments to construction of the South Side Harborwalk is Boston Boat’s refusal to allow a portion of its property necessary for the construction.”

The 2004 DEP findings are also included in the public file and can be viewed here (pdf)

The official comment period for the initial DEP review expired on December 9, 2011. We have asked the DEP to inform us of its determination and any other actions.

3 Replies to “Commercial Wharf / Yacht Haven – Document Review of Chapter 91 Request for Determination

  1. In plain English and in as few words as possible….what does this mean to the Commercial Wharf Condo and the Yacht Haven people?

  2. That is very difficult to answer Joyce, because these actions are the latest round in a long-standing dispute between the parties. A Ch 91 review by DEP could mean lots of different things. Yacht Haven could be looking to expand its maritime use that may (or not) conflict with the residences at the condos. The Harborwalk at / around Commercial Wharf is also an area of debate between the parties and the regulators.

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