Zoning: Boston College Redevelopment Plan Immune To Improper Adjudication Charge

Friday, December 06, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 11
 

Institutional master plans, which allow educational and health care institutions to amend the zoning code to make large-scale developments, are approved through a legislative process--not an adjudicatory process--and thus can’t be challenged as improperly adjudicated.

Facts: Between 2004 and 2007, Boston College (BC) bought 65 acres of property from the Catholic Archdiocese of Boston. BC planned to develop more "academic, residential and co-curricular facilities" on the new property. The long-term comprehensive plan was projected to take ten years to complete at a cost of $1.6 billion.

BC applied for an Institutional Master Plan (IMP) with the Boston Redevelopment Authority (the Authority). Article 80D of Boston’s zoning code requires educational institutions with more than 150,000 square feet that want to expand by more than 20,000 feet to apply for IMPs.

As part of the IMP process, BC described its comprehensive plan’s "mission, objectives, projects, and anticipated impacts [..]

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