John Rosenthal says Mayor Thomas M. Menino only provides tax breaks to his friends.
Dec 26, 2013, 11:07am EST Updated: Dec 26, 2013, 1:48pm EST
Rosenthal accuses Menino of playing favorites, wielding 'iron fist' at BRA (slide show)
Photo by Thomas Grillo.
Thomas Grillo
Real Estate Editor-
Boston Business Journal
A prominent Boston real estate developer is publicly complaining that his request for a tax break has been ignored by Mayor Thomas M. Menino and the Boston Redevelopment Authority.
With candor that has been rare among Boston developers over the last 20 years, John Rosenthal alleges Menino has delayed his development by playing favorites with tax breaks. Menino, in turn, said Rosenthal has yet to officially ask for assistance. “Originally John said he didn’t want tax relief and now he is seeking one,” Menino said. “John needs to make up his mind.”
Rosenthal, president of Meredith Management Corp. of Newton, whose $550 million project is to be built on parking lots and a deck over the Massachusetts Turnpike in Kenmore Square, said he has been asking the Boston Redevelopment Authority since May for a $7.8 million 121A tax break. Such agreements provide property tax relief for developments in so-called “blighted” areas.
Rosenthal’s request is similar in size to the 121A granted to Millennium Partners for the Filene’s project ($7.8 million in tax breaks) and Boston Properties’ TD Garden project (also $7.8 million). The city also recently granted tax relief for Samuels & Associates’ Boylston West development in the Fenway, although the deal's details have not been disclosed by the BRA.
Rosenthal, who acknowledged that he originally pledged not to seek a tax break for the 1.3 million-square-foot development, said the savings are necessary given that construction costs have escalated by 25 percent since 2009. The tax deal, he said, would fill a gap in funding needed to satisfy his major investor, a real estate investment firm that wants a 6 percent return on the project. But his proposal has been ignored at City Hall, Rosenthal said.
“There are lots of good people at the BRA, but unfortunately it’s been run with an iron fist by the mayor to reward and enrich his friends and punish his perceived enemies,” said Rosenthal.
In an interview with the Boston Business Journal earlier this month, Menino said Rosenthal has not submitted a plan for tax relief.
“John hasn’t come to us with that, he just made an announcement, we haven’t seen a proposal,” Menino said. “It’s typical of John Rosenthal; he works through the press. That’s all he cares about.”
BRA spokeswoman Susan Elsbree, standing with Menino at the time of the Dec. 9 interview, backed Menino’s assertion, telling the BBJ: “I think John has talked about what he wants publicly,” Elsbree said.
In an Oct. 31 story published by the Boston Globe, Elsbree was quoted as saying the BRA was considering a tax-relief request by Rosenthal. “The BRA and the city have worked hand in hand with the developer and approved multiple changes over the years to make this project feasible,” Elsbree told the Globe. “But the project poses unique financing issues, and we’re hopeful we can help make it go forward.”
Rosenthal claims he had three meetings at City Hall to discuss the tax break. The first session, he said, took place on May 20, when he said he hand-delivered a tax relief request in a meeting that included BRA director Peter Meade and James Tierney, the agency’s chief of staff. Rosenthal said a second meeting was held on Aug. 8 that included Meade, Tierney and Ronald Rakow, the city’s assessing commissioner. A third meeting with Earl Smith, the city’s assistant assessor, was held Aug. 14, Rosenthal said.
Rosenthal claimed Meade told him at the May 20 meeting that there is “no appetite in this building (City Hall) to help you.”
Through a spokeswoman, Meade and Tierney did not respond to a request for comment. Elsbree did not dispute the meeting dates.
Under state law, the process of receiving 121A tax relief in the city of Boston begins with an application to the BRA and ultimately ends up on the mayor’s desk for approval.
Rosenthal says a formal 121A application does not exist. He said such financial agreements are prepared after the terms have been negotiated with the city, but Rosenthal never reached that stage, he said. “You can’t go to City Hall and pick up an 121A application, it does not exist,” he said.
Lawrence DiCara, a real estate attorney at Nixon Peabody who negotiated a $16 million tax credit from the city for construction of Liberty Mutual’s headquarters in Boston, confirmed that the 121A application is completed following negotiations between the city and the developer.
“Whenever I have been involved, it’s been a discussion followed by a document, as opposed to a document that initiates a discussion,” DiCara said.
The dispute between Menino and Rosenthal sheds light on a topic that has been quietly talked about in Boston’s development circles for years: While some projects win approval with Menino’s support, others, such as Rosenthal's plan and Donald Chiofaro’s proposed waterfront tower, go nowhere.
Rosenthal, who for years has garnered public attention for his prominent anti-gun violence billboard over the Mass Pike near Fenway Park, said he later learned from Henry G. Kara, a Boston real estate lawyer and Menino confidant, that the mayor is loathe to help him because Rosenthal gets “too much credit for homelessness and gun-violence prevention.”
Kara, who was hired by Rosenthal to guide the tax-proposal process, did not return a call seeking comment.
Rosenthal said he will again seek tax relief in January, once the incoming Walsh administration takes over at City Hall.
“Fenway Center will create 1,800 construction jobs, 750 permanent jobs and generate hundreds of millions in new real estate taxes,” he said. “This transit-oriented development will be transformative and the first air rights project in more than 30 years. All I want is fair treatment to get a tax agreement.”