Fighting for air

The city of Boston should be in control of what's built over the Mass Pike

In every Massachusetts municipality but Boston, control of development above the Mass Pike lies with local communities. This means that proposals to widen a road or build a structure over the Pike are subject to local zoning procedures. But in Boston, where the Massachusetts Turnpike Authority is pushing a proposal to erect the 49-story Millennium complex over the Pike at the intersection of Mass Ave and Boylston Street -- a structure that, if built, will be out of proportion with the rest of the neighborhood -- local zoning and development boards have no say in the process. That's because in Boston, control of over-the-Pike development lies with the turnpike authority.

Some call this the legacy of former highway commissioner William Callahan, who oversaw the construction of the Boston "extension" to the Mass Pike in the 1960s; they say Callahan lobbied the legislature to give development control to the highway authority rather than to the city in order to stick it to then-Boston mayor John Collins. But others more charitably recall that zoning control was given to the highway authority in order to allow for more-creative developments over the Pike than Boston zoning boards might approve. Regardless of how Boston came to be the only community along the 135-mile-long Pike without zoning control over air rights, one thing is certain: the current situation is unacceptable.

In 1997, the state legislature did negotiate a "memorandum of understanding" that gave the city of Boston power to review development plans and request arbitration in cases when there is a disagreement with the highway authority. Still, turnpike-authority chairman James Kerasiotes, who is an appointed official, has more say in the development process than Boston mayor Tom Menino -- or any other elected official. And Kerasiotes, who is working under a mandate to raise funds to help pay for the Central Artery Project, is motivated by making money from development, which is, in many cases, incompatible with the quality-of-life issues of residents and businesses.

State Senator Stephen Lynch and State Representative Paul Demakis filed a bill with the legislature last January that would give Boston zoning control of development over the Mass Pike's Boston extension. Hearings on the bill were held last March. Menino sent former BRA director Tom O'Brien to the State House to testify in favor of the bill, and he's lobbied House Speaker Tom Finneran to get it passed. But the bill is still with the House Transportation Committee -- where it's sat since it was filed.

The legislature must pass this bill. Anyone who thinks the issue will go away when the final plans are settled for the Millennium project is naive; this is sure to be just one of many development proposals that pop up along the Boston extension. "Looking forward, we're going to fight this battle parcel by parcel across the length of the turnpike extension," Lynch says. "I think that's a huge waste of energy."

Menino says he'd like to have the "same power that Newton has" when it comes to dealing with development plans for the city put forth by Kerasiotes and the turnpike authority. There's no reason why he shouldn't. To get that control, however, Menino should redouble his efforts to show support of the bill. In the meantime, you can call House Transportation Committee chairman Joe Sullivan (617-722-2460) and tell him you want the bill reported out of committee, and call House Speaker Tom Finneran (617-722-2500) and tell him you want the bill passed and sent to the Senate.

What do you think? Send an e-mail to letters[a]phx.com.