Copyright © 2009 North End/Waterfront Residents' Association, All rights reserved.
Fairmont Battery Wharf, 377-395 Commercial Street
David Kubiak
Victor Brogna
Send us an email to get on the ZLC email list. Please also contact us with your questions and concerns.
ZLC Co-Chairs
ZLC-Related Links
November 2009 Update
Battery Street has been resurfaced by the Boston DPW. A guard rail has also been installed along the Burroughs Wharf driveway.
September 10, 2009 Update:
During a visit to Battery Wharf a few weeks ago, the following conditions continued to exist and no additional improvements were evident:
•
The North End Resident parking signs installed by Boston Transportation Department (BTD) along the four spaces on Commercial Street remain.
The North End Resident parking signs installed by Boston Transportation Department (BTD) along the four spaces on Commercial Street remain.•The outdoor patio dining area adjacent to Sensing Restaurant is being operated in accordance with the Licensing Board’s approval and conditions.
The outdoor patio dining area adjacent to Sensing Restaurant is being operated in accordance with the Licensing Board’s approval and conditions.•The outdoor patio tables and chairs between Buildings 4 and 5 (across from Lincoln Wharf) have been made available by the Fairmont Hotel for general public use. There is no food or alcohol service to these tables.
The outdoor patio tables and chairs between Buildings 4 and 5 (across from Lincoln Wharf) have been made available by the Fairmont Hotel for general public use. There is no food or alcohol service to these tables.•Improvements still have not been made to Battery Street by the Boston DPW, and the dangerously high curb line has not been remediated by the Battery Wharf property owner or the DPW.
Improvements still have not been made to Battery Street by the Boston DPW, and the dangerously high curb line has not been remediated by the Battery Wharf property owner or the DPW.•The museum and the public restrooms are open to the public at the rear of Building 2, adjacent to the Coast Guard Station, but the elevator providing access to the second floor public terrace is usually locked. NEWRA has asked the property owner and the Hotel to keep the elevator operable during museum hours.
The museum and the public restrooms are open to the public at the rear of Building 2, adjacent to the Coast Guard Station, but the elevator providing access to the second floor public terrace is usually locked. NEWRA has asked the property owner and the Hotel to keep the elevator operable during museum hours._____________________________________________________________
June 11, 2009 Status Update - Patio seating with alcohol service has been approved by the Licensing Board at Bldg.3 (on raised section by Sensing Restaurant), 80 seats with a 10:00 PM closing. The operator will also have outdoor seating without service near Bldg 5 between the buildings nearest to Burroughs/Lincoln Wharves, open for public use. Plans for outdoor service at Bldg 2 (curved building with museum) have been postponed because there is currently no operator for that space.
Valet parking has not received a final ruling yet, but it is noted that residential parking signs are in place on Commercial St. by the Fairmont.
_____________________________________________________________
Entertainment License Application
Fairmont Battery Wharf, 377 Commercial Street has applied to the Mayor’s Office of Consumer Affairs and Licensing for a live entertainment license. The notice does not specify the entertainment location within the hotel complex. A hearing was held on Wednesday, May 27, 2009. Check back here for updates.
_____________________________________________________________
Reference Diagram of buildings and proposed patios and property layout.
_____________________________________________________________
May 27, 2009
Don Birch, consultant to Fairmont Battery Wharf, updated the ZLC committee with the results of the Licensing Board's actions on May 26 (see below).
Valet Update - Boston Transportation Department denied the Fairmont's request for valet parking on Commercial Street. The BTD has also posted Resident parking signs for those 5 parking spaces.
Harborwalk - Fairmont has agreed to post Harborwalk signs at its Commercial Street entrance. The operator has removed 10 ballards identified as interference.
Battery Street - Fairmont has contacted the City to restore Battery Street. The operator will extend a 15 foot railing around a dangerously high curb near Burroughs Wharf.
_____________________________________________________________
May 26, 2009
Building 3 (Sensei Restaurant) - The Licensing Board granted the Fairmont Battery Wharf's petition for 86 patio seats outside of Building 3 (Sensei Restaurant) with a 11am-10pm service period, as an amendment to its current 7-day all-alcohol license (which has a 2am indoor closing time).
Building 2 - The Fairmont will not pursue outside service/seats for Building 2 until an operator is determined. Estimated 62 seats.
Building 5 (Diamond Club) - The Fairmont will not serve alcohol or food outside of Building 5, but will have 36 outside patio seats open to the public and hotel guests.
_____________________________________________________________
May 14, 2009, NEWRA membership voted to table its discussion on both the outdoor dining and valet parking restrictions.
April 8, 2009, NEWRA sent the Battery Wharf representatives a list of questions and concerns (see below).
April 28, 2009, Battery Wharf returned to the ZLC Committee meeting.
March 24, 2009, the ZLC Committee discussed these applications and related issues with various abutters and other North End/Waterfront residents.
On March 5, 2009, representatives of NEWRA’s ZLC Committee, along with a representative of Burroughs Wharf and a long-term resident across Commercial Street, met with Fairmont Battery Wharf managers for a site walk-through and discussion.
_____________________________________________________________
Proposals
Fairmont Battery Wharf is applying to the Licensing Board for an amendment to the All Alcohol License that was issued last year for the hotel and restaurants. The proposed amendment would add all season, outdoor dining with alcohol service. Plans call for outdoor seating in three areas related to two restaurants serving the public and a café serving hotel guests only.
Battery Wharf is also seeking a valet license from the Boston Transportation Department that would place valet restrictions on several parking spaces along Commercial Street adjacent to the underground garage’s entrance.
See the diagram for proposed patios and valet spaces.
_____________________________________________________________
The following is a summary of the issues NEWRA has raised:
General
The Battery Wharf applications for outdoor dining and valet parking restrictions raise concern among the North End/Waterfront community because the proposals are not consistent with the development commitments and public access plans that NEWRA and the community worked so hard to secure. We ask that Battery Wharf revise or limit these project changes to mitigate their impacts to the residents of the North End/Waterfront, and we trust the community will have continued cooperation from Battery Wharf as NEWRA continues to review the applications.
Existing Licenses
1.Clarification is needed regarding the validity of the Battery Wharf licensee’s proposed use of the single C.V. 7-day Innkeepers All Alcohol License for service of alcohol by different business entities.
Clarification is needed regarding the validity of the Battery Wharf licensee’s proposed use of the single C.V. 7-day Innkeepers All Alcohol License for service of alcohol by different business entities.2.Clarification is needed regarding the existence, scope and conditions of live or recorded entertainment licenses issued by the City of Boston for interior or outside use.
Clarification is needed regarding the existence, scope and conditions of live or recorded entertainment licenses issued by the City of Boston for interior or outside use. Application for Outdoor Patio Service
Battery Wharf has proposed outdoor patio dining areas in the following locations and configurations:
•Adjacent to the west end of Building 30 only in the existing, raised patio area.
Adjacent to the west end of Building 30 only in the existing, raised patio area.•Under the 2nd floor public terrace of Building 20 and not beyond the existing building columns.
Under the 2nd floor public terrace of Building 20 and not beyond the existing building columns.•Adjacent to the east end of Building 50 while providing ample clearance closer to Building 40 for general public pedestrian passage
Adjacent to the east end of Building 50 while providing ample clearance closer to Building 40 for general public pedestrian passage3.All outdoor areas surrounding the four Battery Wharf buildings, not just the Harborwalk, are freely accessible public space ("The exterior and interior public spaces at Battery Wharf will be accessible to the public free of charge...Exterior public space includes all areas outside of each building footprint and the marina dock on the north pier adjacent to the USCG Station. Exterior public space is open to the public 24 hours per day" Hotel & Residences at Battery Wharf, Public Access Program and Management Plan, Waterways License No 7740, November 2008, RBW LLC, pg. 4.) The proposed dining patios encroach on the designated public space. Therefore, these patios must be thoughtfully designed and operated so they minimize encumbrance on public use. The outdoor patios should be limited in area and configured to preserve, and possibly enhance, welcoming, safe and enjoyable access for the general public.
All outdoor areas surrounding the four Battery Wharf buildings, not just the Harborwalk, are freely accessible public space ("The exterior and interior public spaces at Battery Wharf will be accessible to the public free of charge...Exterior public space includes all areas outside of each building footprint and the marina dock on the north pier adjacent to the USCG Station. Exterior public space is open to the public 24 hours per day" Hotel & Residences at Battery Wharf, Public Access Program and Management Plan, Waterways License No 7740, November 2008, RBW LLC, pg. 4.) The proposed dining patios encroach on the designated public space. Therefore, these patios must be thoughtfully designed and operated so they minimize encumbrance on public use. The outdoor patios should be limited in area and configured to preserve, and possibly enhance, welcoming, safe and enjoyable access for the general public.4.Please clarify the hours of operation, closing time for alcohol service and closing time of the patio.
Please clarify the hours of operation, closing time for alcohol service and closing time of the patio.5.NEWRA’s Alcohol License Policy prohibits outdoor bars. We also request that your application for license amendment propose a condition on the license that alcohol will be served in the outdoor patio areas only with food.
NEWRA’s Alcohol License Policy prohibits outdoor bars. We also request that your application for license amendment propose a condition on the license that alcohol will be served in the outdoor patio areas only with food.6.NEWRA does not support applications for live entertainment, indoor or outdoor. The ZLC Committee will recommend that NEWRA oppose any outdoor entertainment, live or recorded.
NEWRA does not support applications for live entertainment, indoor or outdoor. The ZLC Committee will recommend that NEWRA oppose any outdoor entertainment, live or recorded.7.The alcohol license itself should clearly identify the location and dimensions of each outdoor patio, to alleviate concerns that the areas might casually expand or relocate in the future. Each outdoor patio should be operated only from the immediately adjacent dining establishment.
The alcohol license itself should clearly identify the location and dimensions of each outdoor patio, to alleviate concerns that the areas might casually expand or relocate in the future. Each outdoor patio should be operated only from the immediately adjacent dining establishment.8.Battery Wharf has stated that the patio and adjacent café at Building 50 will not be for general public use, but be for certain hotel guests only. Because of the restriction on use, the closeness of this patio to abutting neighbors, and a potential to impair public access, we recommend this patio be eliminated from the license application.
Battery Wharf has stated that the patio and adjacent café at Building 50 will not be for general public use, but be for certain hotel guests only. Because of the restriction on use, the closeness of this patio to abutting neighbors, and a potential to impair public access, we recommend this patio be eliminated from the license application.9.Features that provide partial screening or otherwise set off each patio from the general public access areas should be incorporated into the patio designs.
Features that provide partial screening or otherwise set off each patio from the general public access areas should be incorporated into the patio designs.10.The proposed patio adjacent to Building 20 will worsen what we believe to be unsafe and restricted passage currently existing along the portion of the Harborwalk next to Building 20 beginning at Commercial Street. This patio should not be included in the application unless Battery Wharf agrees to create greater clearance along this portion of the Harborwalk (also see comment #12, below).
The proposed patio adjacent to Building 20 will worsen what we believe to be unsafe and restricted passage currently existing along the portion of the Harborwalk next to Building 20 beginning at Commercial Street. This patio should not be included in the application unless Battery Wharf agrees to create greater clearance along this portion of the Harborwalk (also see comment #12, below).11.Private functions should be prohibited from the exterior and interior public spaces, with the exception of the designated function and meeting rooms in the hotel.
Private functions should be prohibited from the exterior and interior public spaces, with the exception of the designated function and meeting rooms in the hotel. Harborwalk and Other Public Access
12.All outdoor areas should be accessible by the general public. We greatly appreciate that Battery Wharf has designed and programmed most of the site to enhance the public experience, in accordance with the Chapter 91 License and commitments. There are, however, a few areas that need improvement.
All outdoor areas should be accessible by the general public. We greatly appreciate that Battery Wharf has designed and programmed most of the site to enhance the public experience, in accordance with the Chapter 91 License and commitments. There are, however, a few areas that need improvement.13.A sign is needed at the entrance to Battery Wharf at Commercial Street indicating that the wharf is open to the general public, that the general public is invited in, and that public facilities, such as restrooms, as well as historical interpretive programming, such as the museum, are available.
A sign is needed at the entrance to Battery Wharf at Commercial Street indicating that the wharf is open to the general public, that the general public is invited in, and that public facilities, such as restrooms, as well as historical interpretive programming, such as the museum, are available.14.The design elements at the entrance to the site currently signal that the wharf is private property. Contributing to the unwelcoming, private appearance of the entrance is the lack of sufficiently clear passage as required by Harborwalk regulations and Special Condition #6 of DEP Waterways License No. 7740, which require public walkways to have a minimum 12-foot clear width. We request that the planters in this area be reconfigured and that the adjacent drop-off area be removed or reconfigured. At a minimum, spherical bollards around this drop-off area should be changed to a slimmer design to increase the width of the adjacent walkway.
The design elements at the entrance to the site currently signal that the wharf is private property. Contributing to the unwelcoming, private appearance of the entrance is the lack of sufficiently clear passage as required by Harborwalk regulations and Special Condition #6 of DEP Waterways License No. 7740, which require public walkways to have a minimum 12-foot clear width. We request that the planters in this area be reconfigured and that the adjacent drop-off area be removed or reconfigured. At a minimum, spherical bollards around this drop-off area should be changed to a slimmer design to increase the width of the adjacent walkway.15.All of the low, spherical bollards along the access drive should be replaced with a different type of bollard that takes up less space. Many of the spherical bollards have already been damaged by vehicles.
All of the low, spherical bollards along the access drive should be replaced with a different type of bollard that takes up less space. Many of the spherical bollards have already been damaged by vehicles.16.The Battery Wharf construction has left a dangerously high curb along the portion of Battery Street leading into the below-grade Burroughs Wharf Garage.
The Battery Wharf construction has left a dangerously high curb along the portion of Battery Street leading into the below-grade Burroughs Wharf Garage.17.We appreciate the presence of Battery Wharf security and concierge staff on the site to assist the public as needed. However, the staff should be careful not to have an overbearing presence that could make the casual public user feel unwelcome.
We appreciate the presence of Battery Wharf security and concierge staff on the site to assist the public as needed. However, the staff should be careful not to have an overbearing presence that could make the casual public user feel unwelcome. Valet Parking Restrictions
18.The proposed application for valet parking restriction along Commercial Street is contrary to on-street parking commitments that were made by the developer. These commitments called for residential spaces along Commercial Street. We are also concerned that valet spaces typically create traffic problems because, from our experience with other valet operations in the North End, valet operations often encroach into the travel way, and valet spaces are often used for vehicle parking, both in violation of the license.
The proposed application for valet parking restriction along Commercial Street is contrary to on-street parking commitments that were made by the developer. These commitments called for residential spaces along Commercial Street. We are also concerned that valet spaces typically create traffic problems because, from our experience with other valet operations in the North End, valet operations often encroach into the travel way, and valet spaces are often used for vehicle parking, both in violation of the license.19.Insufficient information has been provided to NEWRA to explain the need for valet parking on Commercial Street and support the parking restriction proposal, which we understand from your presentation would be in effect 24 hours a day, 7 days a week.
Insufficient information has been provided to NEWRA to explain the need for valet parking on Commercial Street and support the parking restriction proposal, which we understand from your presentation would be in effect 24 hours a day, 7 days a week.20.Notwithstanding our request for additional information to support your application, there does not appear to be a valet queuing problem at this time, and we recommend that Battery Wharf reconsider the valet proposal entirely. There is little support for Battery Wharf’s application for valet parking restrictions on Commercial Street.
Notwithstanding our request for additional information to support your application, there does not appear to be a valet queuing problem at this time, and we recommend that Battery Wharf reconsider the valet proposal entirely. There is little support for Battery Wharf’s application for valet parking restrictions on Commercial Street. 
