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Art Kreiger Achieves Land Use Victory for JPNDC and BHCHP
The Massachusetts Superior Court has upheld the Boston Redevelopment Authority’s approval of a proposal by the Jamaica Plain Neighborhood Development Corporation (through its affiliate Walnut Avenue Apartments Limited Partnership) and Boston Health Care for the Homeless Program, Inc. for an innovative residential/medical facility for the homeless.
In Pollard v. BRA, the court upheld the BRA’s decision under Massachusetts General Laws Chapter 121A and the counterpart statute in Boston. It found that the project would provide a public benefit and was permissible under the City’s Master Plan, even though the proposed uses ordinarily would be prohibited under the Boston Zoning Code. The ruling clears the way for 30 studio apartments and a 20-bed respite care facility for “very low-income, chronically homeless and medically vulnerable individuals” at 461 Walnut Avenue in Jamaica Plain.
The Massachusetts legislature enacted both Chapter 121A and Chapter 121B in recognition that cities and towns contain areas and properties that are “substandard, decadent or blighted open space.” It established urban renewal authority to redevelop those areas and properties in order to revitalize them and encourage sound growth. Pollard confirms municipalities’ broad authority to achieve those objectives.
Art Kreiger, a partner at Anderson & Kreiger in Cambridge, represented both JPNDC and BHCHP in Pollard. According to Kreiger, “This case is important because it explicitly confirms that even a single building in a vibrant neighborhood can be eligible for an urban renewal project under Chapters 121A and 121B. The decision makes it easier for cities and towns and developers to target their urban renewal projects narrowly in order to build projects that provide public benefits, such as these critically needed medical facilities and low-income housing.”
Kreiger has 30 years of experience in successfully representing real estate developers, municipalities and neighborhood groups in land use and environmental disputes. Anderson & Kreiger is a 26-attorney firm in Cambridge. In addition to being recognized as one of the leading environmental and land use firms in Massachusetts, the firm also is well known for its municipal and real estate practice and has a national reputation in airport law, telecommunications law and insurance coverage.
For More Information, Contact:
Art Kreiger, Esq.
Anderson & Kreiger LLP
akreiger@andersonkreiger.com
617-621-6500