As usual, there's a little problem with zoning -- it's a 150' height area -- though the Boston Redevelopment Authority (BRA) has tricks to fix that.
But there's a much bigger problem of money. And the BRA' s trick for that will cost us big-time.
The disposition of this City land, currently occupied by a leased garage, should be voted on by the Council and put out for competitive bid by the Public Facilities Commission (now Dept. of Neighborhood Development), per the Boston City Charter:
.The public facilities commission of the city of Boston may dispose of any or all of the off-street parking structures, including the real estate related thereto, owned in the city of Boston, as surplus property... only when transferred to the commission by a majority vote of the city council
Instead, once again, the City's land will be given away simply by a little deal between Mayor Menino and the BRA. Just like Hayward Place in 2001 (worth $23 million), City Hall Plaza in 1996 (worth well over $200 million), and countless other City properties, this one will be taken from us by the BRA in an abuse of its eminent domain powers, with Mayor Menino acting alone as The City -- and not a dime in payment: Menino not only authorizes the taking, but he waives compensation!
This is one of the ways he funds the BRA off-budget (i.e., without City Council and public review and accountability) and keeps the BRA powerful -- so it can protect his unlawful development deals ( like 1,000 foot towers) from lawsuits by subverting the zoning code with creative exemptions (like PDA, U-District, and 121A). Mayoral tricks and BRA tricks work together to take away our laws and our land.
How much are we going to lose this time? According to a June 20, 2006 Boston Herald story, "Tower Money to BRA?" by Scott Van Voorhis,
"The Winthrop Square garage could be worth anywhere from $100 million to as much as $300 million, depending on the ultimate size of the project, according to informal estimates by city real estate executives. That value, in turn, has been created in part by Menino’s vocal and public support for a massive skyrise complex there, executives said."
When the BRA takes the land, it keeps the sale or lease money. And remember: The BRA is not the same as the City! They have two separate budgets, and the BRA is legally accountable to no one.
The Mayor and the BRA have already begun making soothing promises that the money will go to good uses, as the Herald revealed:
"...a spokesman for Menino insisted that when the money is disbursed, the mayor will see that it goes to worthy civic causes. 'The revenues available will be unencumbered.' ”
They think that if they say certain magic words, like "affordable housing," they can silence criticism and gain allies. Don't be fooled; it's all going to support the BRA's burgeoning bureaucracy.
And in any case, it's not up to the BRA to decide where our money goes, nor to the Mayor's personal whims; we have an elaborate public budget process, and a City Council for which this is the main responsibility. When the Mayor says "unencumbered," he means free from this process.
The BRA has already put out a Request for Proposals (not bids), which are due November 13. The RFP says the BRA will own and convey the land free of City title, and the property will be leased, giving the BRA a hefty permanent income stream. If things go as usual, they'll begin the taking process around Thanksgiving with a 30-day notification to the Council, and finalize it around Christmas.
Why are our City Councilors sitting by and doing nothing? They can't hire a lawyer to fight the taking; they have to mobilize public opinion now before the 30-day clock starts. This means that all of us who hoped we could elect conscientious public servants to protect our welfare and go about our daily lives have to get up and do something.
Think about what you'd want the City to do with $200-$300 million dollars! Write, call, and e-mail the Mayor and all of the City Councilors, visit their offices, and if necessary hold rallies and vigils on City Hall Plaza (if the BRA lets you!) and demand that they do their jobs FOR YOU.
And next election, don't vote for any candidate that stood by and let us be robbed of over $200 million dollars.
Meanwhile, knowing the Mayor and the City Council, I think we'd better start protecting ourselves in other ways too. I believe the BRA exceeds its authority in taking City property, since that land is already available for public purposes; as far as I could find out, the BRA is the only urban renewal authority in America that takes City-owned land by eminent domain. Further, I believe the Mayor exceeds his authority in waiving compensation. I think there may be a few legal violations in this deal.
If there are any lawyers out there interested in looking into this, please contact me.