990 American Legion Parkway Update 05/23/24

Developer Sues City/BPDA Over Stalled Hyde Park Project

MQMF Hyde Park LLC, an affiliate of Lincoln Property Company, & Jubilee Christian Church the owner of the property at 990 American Legion Highway have filed suit against the City of Boston & The BPDA seeking declaratory and or injunctive relief on the grounds that the defendants deliberately abused Article 80 of the Boston Zoning code as a means to prevent MQMF from obtaining a building permit to develop an as-of-right project that would provide much-needed housing and other benefits to the Hyde Park Neighborhood. Lincoln Property Company submitted plans for 9 buildings featuring 270 apartments on the 14.1 acre site in March 2021. Public meetings on the project concluded in April 2022 and now after much back and forth with the BPDA the project is stuck in administrative limbo. 

Per the complaint filed in Land Court, Boston ISD has confirmed that the project conforms with the zoning code and can be developed as of right, but the code forbids ISD from granting a building permit unless the BPDA provides a certificate of companies indicating its approval of an adequacy determination. The BPDA refuses to provide approval unless the developer substantially redesigns the project in a way that would bring the project out of conformity with the zoning code and require the developer to obtain variances. The developer asserts "such actions by the BPDA go far beyond its authority under Article 80 of the code."

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