Re: Copley Place plan calls for condo tower
i dont know if all the terminology is the same in MA, but the BRA will do an environmental assessment of the project and determine if an EIR is necessary. (1) someone can sue the BRA if they feel that the BRA did not correclty assess the effects of the project and allowed the developer to proceed with some lesser declaration when they should have done an EIR. (2) the developer can challenge a request from the BRA to perform an EIR, (3) someone can sue the developer if they hire a consultant who believes the EIR's findings are false ...
any project this large is likely to trigger an EIR because of effects on existing aesthetic conditions (shadows and glare), infrastructure (more people on the road), geology and soils (impervious surfaces, excavation), utilities, etc etc. this is why things get scaled back: to lessen the amount of time and money spent on assessing environmental impacts, and to mitigate those impacts. a lot of 'mitigation' is done in the early parts of the development process, when the developer gauges what they can get away with so they dont have to go through more complicated hoops later. so ya, if someone gets too noisy about shadows, and it looks like a signicant impact, (significance is defined in environmental law, but i'm not getting my ceqa handbook out right now), the developer is going to think about chopping off a few floors. also someone can sue the bra on the grounds that the city rezones and this is not in accordance with the general plan. or the developer can sue if their development rights are vested (if that happens at approval or construction i dont know) and the bra requests that something changes. lots of potential lawsuits. generally parties involved navigate appropriately.