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Entries in Doc's Long Wharf (2)

Wednesday

Sep012010

Local Residents File Legal Challenge to Proposed Long Wharf Restaurant

Wednesday, September 1, 2010

In a legal filing to the Massachusetts Superior Court, a group of ten North End/Waterfront residents have turned to the court to challenge a proposed restaurant at the end of Long Wharf. Potential issues raised by the residents include excessive noise, damage to public open space/parkland and impairment of scenic quality on the wharf.

Water’s Edge at Long Wharf, proposed spot for outdoor cafe tables.In 2007, the Boston Redevelopment Authority announced a lease to “Doc’s Long Wharf,” for an enclosed 4,655 square-foot waterfront restaurant with outdoor cafe tables. The BRA was granted a license by the State’s Department of Environmental Protection under Chapter 91 laws. In response to opposition by a resident group, the DEP subsequently denied an appeal on January 15, 2010, clearing the way for the proposed restaurant. At this time, it is unclear if “Doc’s” is still the intended operator of the restaurant. The BRA and DEP are expected to respond to the legal challenge in the next 30 days before the court hears oral arguments on the case.

“The park at issue is located at the seaward (eastern) end of Long Wharf … extensively used by residents and visitors to enjoy marine sights and sounds and for other passive-recreation purposes,” per the legal memo. “It is unique among the wharves and parks in the downtown/waterfront area in the combination it provides of expansive harbor views - surrounded on three sides by water - and a spacious, quiet public space in which to enjoy them.”

Proposed structure to be expanded for new restaurant.The ten residents, as plaintiffs, say the BRA-owned space on Long Wharf is “public waterfront parkland” and therefore protected by State law Article 97 which states that “agencies shall not change the control or use of any right or interest in Article 97 land” without approval by the State Legislature. In addition to Article 97, they cite “errors of law” in the DEP decision regarding the protection of views of the water, compliance with the Municipal Harbor Plan, the water-dependent use zone, and the proper public purpose requirement.

The plaintiffs are listed in the legal memo as Sanjoy Mahajan, Victor Brogna, Stephanie Hogue, David Kubiak, Mary McGee, Anne M. Pistorio, Thomas Schiavoni, Pasqua Scibelli, Robert Skole and Patricia Thiboutot. The majority of the plaintiffs are officers and/or committee chairs of the North End/Waterfront Residents’ Association (NEWRA).

Other restaurants/bars already operating on interior/city-side of Long Wharf include Tia’s, the Chart House, the Landing and the Oceana in the Marriott Long Wharf Hotel. There are also several mobile food carts adjoining the wharf near the New England Aquarium and Christopher Columbus Park.

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Posted by

Matt C. | Tags:

BRA,

DEP,

Doc's Long Wharf,

Long Wharf | Categories:

Development/Zoning,

Licenses,

Parks,

Public Safety/Crime/Legal,

Restaurants/ Bars/ Cafes

Sunday

Jan172010

Appeal to Stop "Doc's Long Wharf" is Denied

Sunday, January 17, 2010

The decision came down Friday to deny a challenge by local residents to stop a restaurant at the far end of Long Wharf, known as "Doc's Long Wharf." The action was taken by the State's Department of Environment Protection (DEP) as it considered the residents' challenge to the license it previously granted to the Boston Redevelopment Authority. (Read the January 15, 2010 decision.)

Site proposed for a restaurant at the end of Long Wharf (Photo: Boston Globe; click for 2008 article)A group of residents claimed "errors in law" regarding the DEP's 2008 decision to grant the license to the BRA, which owns the property. The BRA had requested the license under Chapter 91 since the project will take place within filled tidelands.

The BRA plans to construct an extension and shade structure connecting to the existing facility on the site. It is unclear if the Boston Redevelopment Authority will still lease to the same restaurant group it selected in 2007. A lease was to be granted to Eat Drink and Laugh Restaurant Group (EDL) which also operates The Paramount on Charles Street, 21st Amendment on Bowdoin Street, The Blarney Stone in Dorchester, and West on Centre in West Roxbury. EDL had planned on a restaurant to be called "Doc's Long Wharf."

In its January 15, 2010 decision, the DEP considered eight questions as part of the residents' challenge. These issues are shown below and discussed in the full decision (pdf).

After rejecting the petitioners' claims, the DEP's conclusion was to affirm the license issued to the BRA.

This decision clears the way for the BRA to lease out the property for restaurant use. It is unclear whether EDL's "Doc's Long Wharf" will still be the operator. There has been speculation that the restaurant owner has lost interest in the site.