GLOBE EDITORIAL
All wet on NorthPoint
April 11, 2007
IN EAST CAMBRIDGE last week construction crews were working on the interiors of two condominium buildings, the first to go up in the massive NorthPoint project. This important development and others on filled marshland are jeopardized by an unexpected Supreme Judicial Court ruling earlier this year. Now the Legislature is considering a bill proposed by Governor Patrick that would end this uncertainty. The Legislature's response to the bill will say much about its willingness to set sensible development policies.
The Supreme Judicial Court ruled in February that state environmental regulators overstepped their authority in 1990 when they exempted filled tidelands that do not abut the water from Chapter 91 -- the law that mandates public benefits for development along the Massachusetts coast. The court said that only the Legislature could authorize these exemptions.
The Association of Cambridge Neighborhoods discerned this flaw in the implementation of Chapter 91 and brought the lawsuit. Now the Legislature must act, without harming the coastal environment or the climate of economic competitiveness in Massachusetts.
Members of the Cambridge group don't like NorthPoint, but the ruling has implications far beyond East Cambridge. It affects development on 4,000 acres in the state, three-quarters of them in Boston, including the Back Bay, the South Boston waterfront, the North Station area, and center field at Fenway Park. Much of this land is a long way from the waterfront.
If the Legislature does not act to clarify the law, landowners throughout these areas might have difficulties in selling or arranging financing on their properties unless they obtain a Chapter 91 environmental certificate. That's a waste of their time and that of environmental regulators. Representative Marty Walz of the Back Bay wants to amend the governor's proposal so that it would apply only to buildings occupied at the date of the Supreme Judicial Court ruling, while the Legislature assesses its options. "I don't think we have to rush to judgment here," she said last week. "We are not in a crisis situation."
Walz's proposal would not offer relief to projects like NorthPoint, which are already being built, or those approved by local authorities but not yet under construction, or those that are proceeding smoothly through the local approval process. The Committee on the Environment heard testimony Thursday from a developer near North Station, from an affordable housing advocate in Chinatown, from Boston city officials, and from Thomas McGee, senator from Lynn, that the ruling threatens to hold up financing and other preliminary work on important projects. The Legislature cannot let the ruling stand with only Walz's adjustment.
NorthPoint is the most compelling example of a project that should not be impeded as it moves toward full build-out. It will provide room for growth in an area that is already attractive to the high-tech jobs the state needs. The two condominium buildings are the first of 20 that will combine housing and office, laboratory, and commercial space. As a community benefit, the developers will rebuild the aging Lechmere MBTA station and move it a short distance to the east, where it will be in position for the extension of the Green Line to Somerville and Medford.
The project has been fully permitted by Cambridge and is awaiting final approval by Somerville, but it has attracted opposition at this late date for varied reasons. Some people think it should offer more public amenities. Others think it should better address the flooding problems in the area; others hope for a return of the Miller's River, which was filled in decades ago to provide land for rail yards; others think the new Lechmere station should be better connected to the rest of East Cambridge. Opponents hope to use the Chapter 91 process to win concessions.
NorthPoint developers have already agreed to build a 5.5-acre park and bicycle trail that will extend across the site and connect under the Gilmore Bridge to public open space on the Charles River. The park is being designed as part of an innovative system to move groundwater from Cambridge and Somerville through the project and into two 30-inch pipes that will empty into the Lechmere Canal. Some of that water would have flowed into Miller's River long ago, and the developers are doing their share to compensate for its loss. Restoration of the river is probably too costly to be practicable.
As for the T station, the developers have pledged to help redesign busy Monsignor O'Brien Highway so that it is friendlier to pedestrians. They are confident that this package of benefits would be enough to satisfy Chapter 91 requirements, but with the first condominiums scheduled to be occupied in the fall, there is no reason to force them over more regulatory hurdles.
NorthPoint is a prime example of a "smart growth" development because of its transit-friendly, urban location. It would be economic folly for the Legislature to gut the governor's bill. The Legislature might decide to study the implication of the ruling on future projects, but those now in the pipeline -- especially those already permitted by local authorities -- ought to be allowed to proceed without delay.
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