June 24, 2004
Ellen Roy Herzfelder
Secretary of Environmental Affairs
MEPA Office
Executive Office of Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114

RE: Expanded EFF for the Residences at Pier 5

Dear Madam Secretary:

I am writing unanimously for the Board of Managers of Shipways Place Condominium, representing 48 residential and 9 commercial property owners and residents on 13th Street in the Charlestown Navy Yard, to express our concern regarding the recent proposal set forth by LDA Acquisitions, LLC, the developer, to develop Pier 5 in the Charlestown Navy Yard.

In agreement with other residents in Charlestown, we feel that the project is poorly conceived with total disregard of issues relating to traffic, parking, public access, open space, and preservation of our precious waterfront and Commonwealth tidelands.
Validitv of the Municipal Harbor Plan

The Municipal Harbor Plan (MHP) was submitted to the State in May, 1991 and expired in May 1996. Even if the Plan was renewed as allowed under state regulations, the renewal period extends for only one year. Currently, for Pier 5 there is no valid MHP in force, therefore we believe Chapter 91 jurisdiction is applicable.

Because the project is in total violation of Chapter 91, the developer claims that the MHP is the authoritative body of law governing this project. Meanwhile the developer successfully argued that the MHP was invalid in 2000 in his bankruptcy court case, In re:
Competrol Acquisition Partnership. L.P, et al (U.S. Bankruptcy Court, D. Del.). When asked for verification of the validity of the MHP, the developer fails to document his claim that the MHP is valid.

The proposed project should be subject to Chapter 91, the champion of pubic access and use of the Commonwealth’s waterways and tidelands. Facilities of private tenancy as proposed in this project should not be allowed on tidelands.