Appeals court affirms courthouse project for East Cambridge; SJC try could be next
Leggat McCall Properties hopes to redevelop East Cambridge’s former Edward J. Sullivan Courthouse into 20 stories of office with 24 units of housing.
The Massachusetts Appeals Court upheld a 2015 Land Court decision on Wednesday allowing developer Leggat McCall Properties to redevelop East Cambridge’s former Edward J. Sullivan Courthouse at 40 Thorndike St. into a mixed-use development: 20 stories of office with a side serving of 24 units of housing.
“We now look forward to working with the city and the East Cambridge neighborhood to transform the derelict former courthouse facility into a modern mixed-use project, contributing many benefits to those living around the building and in the broader community,” said Rob Dickey, the LMP executive vice president who has managed the project.
Dickey said he was pleased by the court’s decision and thanked the Cambridge Law Department and the Massachusetts Attorney General’s office, who were co-defendants in the case. The project remains on track, Dickey said.
The court’s decision was a long time coming – the appeals court typically turns around cases in two months, and “should” do so within 130 days by order of the Supreme Judicial Court. This case took 289 days to decide, with a 12-page unanimous opinion by Justice Diana Maldonado writing for a three-judge panel. It was the third-oldest case on the docket when settled.
The East Cambridge neighbors who brought the lawsuit – Michael Hawley, Graham Gund, Roger Summons and Marie Sacccoccio – will have to decide whether to appeal to the Supreme Judicial Court.
“We’re considering options for further review by the SJC” but haven’t had a chance to discuss the opinion, Hawley said.
They are concerned that the massive tower is out of scale with their neighborhood and was built so densely only because Middlesex County was immune from zoning when putting up its $90 million jail, District Attorney’s Office and Middlesex Superior and Cambridge District courts between 1966 to 1974. Aging and asbestos concerns sent everything but the jail to outlying communities in 2008-09, and the jail closed in June 2014.
The structure was opposed by neighbors when it was built, and they hoped to see the tower torn down when the building emptied.
But their chances of a second appeal aren’t good: In 2015 the court took 26 of the 697 applications to review Appeals Court decisions. That’s 4 percent.
Judge Robert Foster of the Massachusetts Land Court heard the original courthouse case.
“The sole issue on appeal is whether the courthouse, when it loses its governmental immunity by transfer to the developer, will constitute a preexisting nonconforming structure,” the court summarized, and called the Land Court decision by Judge Robert Foster “well-reasoned.”
The neighbors “argue that the only way the courthouse can be considered a preexisting nonconforming structure is if it complied with the zoning requirements when it was constructed and now fails currently to comply because the city adopted stricter zoning ordinance since the construction,” the court said.
But the court disagreed with that argument: “We discern no meaningful distinction in terms of the protections afforded nonconforming structures in the zoning ordinance between a structure that becomes nonconforming because of a subsequently enacted stricter ordinance and one that becomes nonconforming because of a loss of statutory immunity,” its decision said.
The court also suggested that perhaps the neighbors did not have standing to challenge the developer’s special permit, noting “the facts in the record are thin” but “it would appear the judge was satisfied.”
East Cambridge resident and real estate developer Richard McKinnon said he was not surprised by the decision, noting that courts often defer to lower court decisions. McKinnon said Kevin P. O’Flaherty, the developer’s attorney, was “tremendously talented.”
The neighbors have until Aug. 8 to file for SJC review. They could also choose to ask the Appeals Court to rehear the case if they believe it “overlooked or misapprehended” parts of the case; that would be due by Aug. 2.
Leaving out issues of scale, height, or the relationship to setting, this is one very ugly design! Nothing bold, innovative, or contemporary about it. A mess. Cambridge seems hell bent on promoting really lousy architecture in its current swath of building projects. Another CHC bad miss.
The Cambridge Historical Commission (CHC) was not involved in the review of this project, so it is not appropriate to characterize it as a “miss” of theirs, bad or otherwise.
This design was consider a substantial improvement over the prior design. What’s the source for “bold, innovative, or contemporary” as criteria? Many may appreciate other values, esp. in a residential neighborhood.
Peace and Sanity Be Unto You,
The Massachusetts Appeals Court upheld a 2015 Land Court decision on Wednesday allowing developer Leggat McCall Properties to redevelop East Cambridge’s former Edward J. Sullivan Courthouse at 40 Thorndike St. into a mixed-use development: 20 stories of office with a side serving of 24 units of housing.
In concerning the sale of the former Edward Sullivan Court House to developer Leggat McCall Properties, I find the Commonwealth of Massachusetts guilty of questionable, and an illegal, sale of the property and facilities. The Commonwealth failed to honor and respect, legal mandates pertaining to its federal, state, and local mandates, etc., to provide state own properties for the ending and eradication, of homelessness. The Commonwealth circumvented its federal Moving to Work (MTW), “Annual and Five Year Consolidation Planning and Reporting,” mandates, specifying working towards service to the state’s homeless sector and mosaic. It also circumvented its “Ten Year Plan to End Homelessness” recommendations etc., in its hast to sell to Leggat McCall.
By the way, nearly every public health department( Homelessness is an Official Public Health Issue) in the nation including the Massachusetts Commonwealth, is on record stating that addressing, preventing, ending, and eradication homelessness is the government ( highest priorities). The Commonwealth went a step further in negating the legitimates rights of the homeless sector and mosaic, to have the Sullivan Court House converted in to poverty housing for the state most vulnerable citizens and residents, by ignoring and circumventing, federal “Title V Rights” in to rushing and negating the homeless to complete, the sale to Leggat and McCall.
A law suit should be brought against the Commonwealth of Massachusetts for ignoring the first right of refusal, etc., that belongs to the homeless sector and mosaic, in the availability of the Sullivan Court House for poverty homeless housing. Leggat McCall after the Appeals Court decision has been handed down is only offering 24% of units for Affordable Housing, the Commonwealth of Massachusetts should be on trial for allowing this, when by right 100% of the Sullivan Court House should have been available for below market rate homeless poverty housing, etc.
For years now this type of white collar crime and war, against the homeless and poor, has been hindering the development of homeless housing in the Commonwealth. Yes crime and war against homeless housing. The first victim of any war is truth, the Commonwealth of Massachusetts is guilty of hiding the truth from the homeless sector and mosaic, when it comes to their legitimate right to have housing developed for it at the Sullivan Court House, etc.,. The Commonwealth should be in court for its neglect and hidden, war against its homelessness sector and mosaic. Some of the proof is its questionable sale of $30 million dollars to Leggat McCall, without an invitation (Public hearing, etc.) extended out to homeless residents and citizens, etc., to comment and be heard.
None of this $30 million is going back into addressing, preventing, ending and eradication homelessness, this is criminal, and also represent silent war against the homeless and poor, segments of our community, perpetuated by Massachusetts current government powers that be. First consideration should be giving to the Homeless sector and mosaic for all surplus, underutilized, and unused, Commonwealth or State government own properties, to be converted into housing for the homeless, but unfortunately white collar criminals in the state government, are at work conducting a silent war hindering the homeless, and hoarding the land and facilities, away from poverty housing to be erected to address, prevent, eradicate, and end homelessness.
Yours In Peace and Sanity,
Mr. Hasson Rashid
Cambridge,MA