True.
Is there any "law" or other written, objective document that bears this rule, or is it just common knowledge that if you try to build anything "distracting" near the Greenway, the BRA will reject your application and/or Fat Tommy will come after you?
I know we've just had a cathartic session about keeping posts strictly about architecture, but for the good of architecture around the Greenway, does this not far exceed any powers Menino has? I mean, the Supreme Court has difficulties with whether cities can landmark buildings; no mayor or city council has anything approaching the power to tell developers exactly what their buildings can look like, and that on an ad hoc basis. If there were a developer with cajones (Chiofaro?) who proposed a building that meets zoning requirements but is "distracting" from the Greenway, he'd probably swab the decks with Menino/the BRA in court. I for one would love to see City Hall's mafia-like handling of real estate take one on the chin.
I don't think there is any written policy regarding this, but Kairos Shen has been quoted, and I'm paraphrasing from my recollection right now so please correct me if i'm wrong, as saying that the original proposal for the dainty dot site was too tall and "iconic" and would take away from what the focus of the greenway should be, the park itself.
With regards to controlling how people build, you're right that the court doesn't like govt. telling people what their buildings should look like. Frankly that's why the govt. often enacts very restrictive zoning restrictions or overlay districts, to subject properties to govt. oversight through the special permitting and variance processes. As long as the govt. regulations reasonably relate to "important government interests" (historical preservation, safety, etc.) the govt. can basically do this, even when it appears it is doing so for other reasons. And while the court may have problems with municipalities making "historical designations", you'd be surprised at the deference the court gives them with regards to what constitutes "important government interests" in other situations.
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