Sign to request a state hearing on Urban Renewal Plan extension

Dear friends interested in the Urban Renewal Plan extension issue,

As you know, the City Council (despite having lost its power to vote on extensions) voted on March 23 to approve the BRA's requested 6-year extension for the 14 expiring Urban Renewal Plans. 2016. The BRA can get a seventh year as a "minor modification" without Council approval, as it got an eleventh year for the current extension. This will no doubt be followed by another lengthy extension.

In UR Plan areas, the BRA can exercise certain municipal powers (blight-finding, eminent domain taking, re-zoning) with no public accountability, political or legal. That is the exact purpose of UR Plans -- not "planning" (the BRA changes the Plans to suit each developer) but unfettered power over development, directed behind the scenes by the mayor, without political or legal recourse for the citizens. UR Plans cover 3,000 acres of the center city, making up 10% of the total land area of Boston. The Plans were meant to deprive the Plan area -- many thousands of residents, businesses and property owners -- of the rule of law and democratic governance enjoyed by the rest of the city. That is why the Plans, which were always intended to end after 40 years and have already been extended, should now be allowed to expire as the law provides, on April 30, 2016.

The state Department of Housing and Community Development (DHCD) is the last step in the approval process.

DHCD can't consider anything the Council didn't vote to approve, but DCHD isn't statutorily bound to approve what the Council approves. That is, Council approval is a prerequisite for DHCD consideration, but DHCD can make its own decision after its own consideration.

Section 48 of Chapter 121B, the enabling law for the urban renewal plans and agencies (BRA), states the following:

The state Department of Housing and Community Development may hold a public hearing upon any urban renewal plan submitted to it, and shall do so if requested in writing within ten days after submission of the plan by the urban renewal agency, the mayor or city council of the city or selectmen of the town in which the proposed project is located, or twenty-five or more taxable inhabitants of such city or town.

Although Ch 121B doesn't specifically address Plan modifications, I would argue that we can interpret this to allow for the same hearing provision to apply to any Major Modification of the Plans, which includes extensions of their duration. The Urban Renewal Regulations state the following:

(2) A major plan change is a significant change in any of the basic elements of a previously approved Urban Renewal Plan. The request for a major plan change shall be accompanied by evidence of a public hearing, a Planning Board determination that the proposed change is in conformance with the general plan for the community as a whole, City Council or Town Selectmen approval, and evidence that all affected redevelopers have been notified of the plan change, have been given an opportunity to comment, and that any such comments have been considered. If deemed necessary for its decision, the Department may request additional local approvals or information.

Community people at the hearings and public meetings were generally against this extension -- even the people whom the BRA is mis-quoting as wanting more urban renewal. I think if 25 city taxpayers or more write a request for a public hearing, we could at least show the DHCD that while the Council voted yes, it does not reflect the will of the community.

I've drafted a letter asking for a public hearing, attached.

Are any of you interested in signing on to this letter? There's no legal action involved here, just a letter asking for a public hearing.

If I get at least 25 "taxable inhabitants of the city" responding to sign on -- and I hope I'll get many more! -- I'll email it to DHCD and we'll see if we can have a voice at the state level.

The letter has to be sent within 10 days of DHCD receipt of the Council-approved vote, which has not yet happened. I'll be checking in at DHCD to find out when it does.

So please email your signature authorization (with your real name and your neighborhood)) asap to [email protected]. On request, I will send you a Powerpoint presentation that explains the BRA in general and this issue in specific.

Or you can send your request directly to [email protected] Just drop me an email telling me you did, so I can know how many signatures we have.

Shirley