June 27, 2000
Re: Request for Council Hearing on Dissolution of BRA/Urban Renewal Program
To: Boston City Council
Special Attention: Government Operations Committee
The Alliance asks City Council to convene a public hearing on the dissolution of the Boston Redevelopment Authority (BRA) and the Urban Renewal program that empowers it.
The BRA was created in l957, during a time of urban economic decline, to carry out the Federal urban renewal program. The purpose of the program was to facilitate the development of large-scale economic development projects, in place of land and pre-existing properties, primarily housing, found to be "blighted, decadent and substandard," according to specific legal definitions. The BRA has used public resources and public police powers, including eminent domain, zoning exceptions, and tax concessions to implement these urban renewal goals, and has delegated these powers to private redevelopment corporations for the same purposes.
The BRA absorbed the Boston Planning Board in l960. The BRA's conflict of interest as both a planning and development agency, as well as a real estate owner, is widely recognized.
The Federal urban renewal program funding ended in l974, and Boston's 40-year Urban Renewal Plans are beginning to expire. However, large portions of the city are still designated Urban Renewal Areas, despite current high values, and so are still subject to taking and disposition by the BRA. The BRA also asserts that it has indefinite jurisdiction over some redeveloped land, as at City Hall Plaza, which the BRA took from the City of Boston by eminent domain in l996, for the second time, this time for use by private developers, without receiving required City Council or State approvals.
The BRA is also empowered to delegate urban redevelopment powers of zoning exemption, tax concessions, and eminent domain to private development corporations, by accepting a determinations of "blight" by those parties. Any surface parking lot, for example, may be considered "blighted" (as at the proposed Two Financial Center, located in the now-revitalized Leather District). Further, properties that received Chapter 121A tax agreements decades ago, during difficult economic conditions, can apply them to new development now (as at Macy's in Downtown Crossing, where a telecommunications installation added to the upper floors is receiving a public tax concession).
Economic conditions in Boston have changed in the last 43 years, so as to render urban redevelopment by use of public resources and police powers unnecessary. Continued use of such powers and resources appears to constitute an abuse of authority and a violation of constitutional protections against seizure of private property without legal basis or public purpose;
Because the BRA and the urban renewal program are no longer appropriate to our economic and social conditions, it is time to dissolve the Boston Redevelopment Authority, and repeal the enabling urban renewal/redevelopment legislation.
The establishment of the BRA was enabled by State legislation, Chapter 150 of the Acts of l957, and Chapter 121A and 121B. However, the BRA was established by a vote of the Boston City Council on August 19, 1957. Therefore, the Council can presumably vote to dissolve the BRA.
We ask City Council to convene a public hearing to bring forward evidence from the Agency, the City, the Tax Assessment Department, citizens of Boston, planning experts, and others regarding the merits and means of the dissolution of the BRA and repeal of urban renewal and urban redevelopment legislation.
It is time for Boston to look forward, and evaluate options for restructuring our city planning, project review, and related functions, as appropriate for our neighborhoods, our natural environment, and our public property and tax revenues. The Alliance has prepared a White Paper on Planning (sent to you previously), which discusses essential criteria for a professional, accountable planning structure.
We envision a public dialogue about planning, which would bring forth organizational alternatives. We also see the need for careful transition plans that would re-allocate BRA functions, and allow the many well-qualified planning professionals on the current BRA staff to continue working -- without mission conflict -- for the long-term benefit of the city.
We are enthusiastic about the prospect of a fresh opportunity for good planning in Boston, and we would appreciate the Council's pro-active role in bringing it to us. We look forward to your response, and stand ready to assist in any way.
Sincerely,
Shirley Kressel
President