Sicil, I agree with 95% of what you post, but in this case:
Chapter 91 provides access to the water. Is there special language about putting a YMCA in your lobby? If so, everything on filled land in the Seaport, North End, Charlestown Navy Yard, Fort Point, etc. is guilty of the same crime you reference.
No. Chapter 91 requires
interior "facilities of public accommodation" which were intended as interior civic and public uses. Historically, when the Harbor was parceled out and filled by private owners, the intention was to ensure that the public would continue to benefit from resources available only on waterfront property.
The BRA has spent the better part of 20 years bamboozling State regulators. From what I understand, the State is no match for the BRA -- understaffed and underfunded while the BRA enjoys unparalleled access to staff and resources.
First the BRA began suggesting that sufficient space on upper floors for civic use would be as good or better than ground floors. That's why you have cobwebbed observation floors at Independence Wharf and observation rooms at Rowes Wharf and unmarked civic space at Atlantic Wharf, active only when someone decides to throw a party and invite people.
You will find EPIC FAIL inactive spaces at nearly every waterfront project, including the ones you mentioned from Fort Point to East Boston. Each project was misrepresented by the BRA to State DEP officials as being world-class civic spaces. In each case, the designated space did the minimum to meet regulations but more importantly met the needs of the commercial owner by keeping the riff-raff at bay.
In the past 10 years, the BRA started rewriting the book on what constituted a "facility of public accommodation." They've made the case that a commercial establishment such as a restaurant qualifies. Why not? Anyone can enjoy a glass of water.
In the past two years, space for business meetings, annual meetings, lobbies with occasional programming have been qualified as "facilities of public accommodation." From what I have read, on Pier 4 and at Waterside Place (Massport land), the BRA negotiated space for startup companies to practice elevator pitches and space for "IT/Rack Space" as a "facility of public accommodation."
Meanwhile, waterfronts worldwide are kicking Boston's ass in drawing the public and visitors to water's edge with art, performance, dance, opera, music and civic functions (school, library, community center, public hospital, police, fire).
YES, THESE ARE BEING DEVELOPED IN PRIVATELY OWNED PROJECTS WORLDWIDE. In Boston, developers are receiving the benefit of public investment, tax exemptions and zoning variances from what they purchased without being held to a high standard for civic and cultural uses.
This is the USA's #1 highest potential waterfront, not a blighted industrial subdistrict where the BRA needs to work its tail off to attract investment.
I won't get into dissecting my comments on residential density, scant retail and architecture. I think any independent critic would find the evolution of the waterfront -- BRA and Massport land alike -- devoid of vision, inspiration and aspiration.
The saving grace is that the Seaport has a long way to go. But this BRA has laid down the tracks -- the ridiculous street layouts, the zoning variances already awarded for projects that won't be built until 2050. And the idea that the taxpayer-subsidized waterfront is nothing more than a develoer's playground.
PS. I appreciate your posts as well, AFL.