- What document does BPDA rely upon to assert that it owns the development rights to Pier 5?
- Didn’t the LDA executed by the BPDA in the late 1978 and amended through 1984?
- In that Land Disposition Agreement, didn’t the BPDA/BRA transfer all development rights for the Navy Yard to Immobiliare New England and its successors?
- The BPDA agreement with Immobiliare New England LP and Flagship Wharf Realty Trust limited the development of Pier 5 to not more than 15 townhouse units, is the BPDA/BRA obligated to comply with the terms of its prior agreement?
- If not why not?
- If not, then if the BPDA is not bound by its prior agreements and covenants of development, then are the surrounding owners also not obligated to make the payments to the BPDA?
- If the BPDA takes the position that it ‘owns’ Pier 5, then why has the BPDA never maintained it?
- The BPDA collects fees from numerous properties in the Navy Yard including millions of dollars from Flagship Wharf in transfer fees. Why have none of these moneys been used for Pier 5 maintenance?
- How can the BPDA consider any of the RFP projects knowing that all of the projects violate c.91 and 310 CMR 9.0 et seq. because all call for residential housing which by regulation is not a ‘water dependent’ use?
- What law or authorization does the BPDA rely upon to justify the planned violations of c.91?
- What is the BPDA’s plan for indemnifying Flagship Wharf when the project creates a violation of FW c. 91 license?
- Pier 5 presents structural support to the foundation of 197 8th St. what is the BPDA plan to insure that any work (whether demolition or otherwise) does not create collateral damage?
- What type of contingencies or studies have been made to insure that toxic substances will not be released into the water or air when Pier 5 is disturbed?
- What Environmental Impact Studies have been done?
- Has Coastal Zone Management or the State Office of Environmental Affairs been contacted about the nature of the RFPs?
- What provisions have been made to guard against violating Federal Navigational Servitude?
Legal Questions for the BRA
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