Conservation Law Foundation confirmed that it will file a lawsuit challenging state approval of new zoning for the Boston waterfront, potentially delaying development of two planned high-rise projects.
The Boston-based environmental group criticized what it called “tortured reasoning, justifications and trade-offs” that went into the April ruling by Secretary of Energy and Environmental Affairs Matthew Beaton.
Beaton’s approval of the city’s municipal harbor plan allows greater height and density on the Chiofaro Cos.’ garage site, where it’s been seeking to build a 600-foot tower for nearly a decade. The plan also would clear the way for a 285-foot-tall residential tower on the James Hook & Co. lobster pound property.
In exchange, Chiofaro Cos. agreed to pay $10 million toward a new public park on the New England Aquarium property and $300,000 for upgrades to Long Wharf, including a park and water transportation facilities. The Hook property would be responsible for paying $3.6 million for Long Wharf improvements and $500,000 for Fort Point Channel open space and activation.
CLF said those requirements were the result of private negotiations by the developers, rather than a citizen advisory committee that was responsible for drawing up the harbor plan. The outcome, CLF said, is a departure from 28-year-old regulations that building heights should step down in height near the water and that waterfront developments include ample open space and public facilities.
Chiofaro Cos. plans to move ahead with permitting, Chiofaro’s Rob Caridad said in an email.
“While we are obviously disappointed that CLF appears to discount, or completely ignore, the value of the roughly three-quarters of an acre of new public open space on the waterfront that will be created by this project, our intent is to continue our planning and design work with an eye toward formally entering the Article 80 process in the near future,” Caridad wrote.
In 2017, CLF filed a lawsuit challenging approval of The Cronin Group’s condo tower at 150 Seaport Boulevard, arguing that the plans didn’t provide sufficient on-site public access. Cronin Group agreed to pay $18.5 million toward a waterfront park and youth enrichment activities, and CLF withdrew the suit in January.
