H3757 eliminates protections not only for NorthPoint, but
for all other development on filled (landlocked) tideland, in the future
as well as the past. The developer lobby claims that the Supreme Judicial
court ruling – which
affirmed the need for permitting on filled tideland – "clouds title" for
existing improperly-permitted development. If so, existing buildings can
be "grandfathered" where appropriate. But any need to clarify "clouded
title" would be no justification for diminishing the public trust and vital
environmental protections going forward. A CONTRIVED
CRISIS OF "CLOUDED TITLE" SHOULD NOT BE USED AS COVER FOR GIVING
DEVELOPERS FREE REIN TO CASH IN ON FILLED-TIDELANDS across our imperiled
coastal environment. "Clouding" of title due to lax and illegal past-permitting
is no excuse for taking away public rights and making unregulated development
the standard for the future. |