The Sea and the shore belong not to one person, but rather to the public at large. 2021


ROSEMARY A. MACERO

197 8TH St. #606

Charlestown MA 02129

March 30, 2021

Dear Ladies and Gentlemen,

As a member of the Charlestown Community, I implore you to urge the Boston Planning

& Development Agency abandon its efforts to convert Charlestown’s Historic Navy Yard

Historic Pier 5 into private use. Historic Pier 5 is a public amenity which all Bostonians,

visitors, and Commonwealth residents deserve the ability to enjoy. The Private use that

the BPDA has proposed will deny generations of Bostonians access to the Boston

Harbor and panoramic open harbor views from East Boston, to Mystic River, to The

Harbor Islands, Charles River and city skyline to the Seaport along the Boston Harbor

Walk.

We honor the open harbor, and seek protection by Massachusetts Chapter 91:

The Commonwealth’s primary tool for protection and promotion of public use of

its tidelands and other waterways is Massachusetts General Law Chapter 91, the

waterways licensing program. The Commonwealth formally established the

program in 1866, but the philosophy behind Chapter 91 dates back to the earliest

days of the Massachusetts Bay Colony, most notably in the Colonial Ordinances

of 1641-1647.

The Colonial Ordinances codified the “public trust doctrine,” a legal principle that

dates back nearly 2000 years, which holds that the air, the sea and the shore

belong not to any one person, but rather to the public at large.

We reject each of the three BPDA proposals for development of this invaluable,

irreplaceable, two acre waterfront pier because none of these proposals are appropriate

or in the best interest of the Boston citizens, although they will enrich the BPDA.

Pier 5 must be preserved for the public and not taken for private use because Pier 5 in

the Charlestown Navy Yard is historic and part of our heritage. It is the head of Boston

Harbor and The Jewel of the Boston Harbor, and is the last remaining public pier,

located in the historic Charlestown Navy Yard.

As part of a group of independent citizens, we have signed a petition which has over

1100 signatures to preserve this public pier for public use, as an aquatic, waterfront,

climate resilient, historic park and activity center, focused on addressing environmental

concerns, open and free for all to enjoy this irreplaceable access to the Boston Harbor.

We envision public fishing, oyster beds, educational, research and marine activities, and

recreational activities for Boston residents and visitors. We endeavor to keep the views

of the city skyline and harbor open to all for generations to come.

The Boston Planning & Development Agency (BPDA) has Pier 5 fenced off. The BPDA

has neglected historic Pier 5 and left it unmaintained for the over 40 years of its

stewardship. The Harborwalk is a vital public amenity that needs to be preserved,

maintained and enhanced for the public. Martin Oliner, previous owner of two

Charlestown piers was ordered by the DEP to perform repairs within 45 days or daily

fines up to $25,000 levied. The BPDA has ignored its responsibility and has been held

to a different standard, allowed to fence off Pier 5, and then extend a RFP (request for

proposal) to privatize this public amenity.

We are fully aware of sea level rise, flooding along the Charlestown Harborwalk, and

the climate reports of more severe storms, wind, and wave damage predicted by the

City, State and Federal governmental reports. Building on Pier 5 for private use violates

all climate resiliency plans.

Please join us in imploring the BPDA to reject the three proposals for development of

Pier 5 in favor of a community centric planning process to preserve Historic Pier 5 for

posterity and the public.

Boston and the Charlestown communities deserve an iconic, climate resilient park and

educational and marine center for the benefit for all. We call for a design competition

and grants and funding to create an economic tourist driver and Boston amenity.

Pier 5 is prominent in the Boston Harborwalk, with unrivaled panoramic views, access to

public ferry, and adjacent to the beloved USS Constitution, attracting millions of annual

visitors. Boston deserves a waterfront openspace to compliment the Boston Public

Garden, the first public park in a nation; and to commemorate the history of Boston’s

and our country’s marine history. We ask you to consider a Boston version of New

York’s Highline; Chicago’s Millennium Park; and other great cities celebration of open,

interesting public spaces which enriches the lives of residents and visitors. It is time.

Respectfully,

Rosemary A. Macero


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