Activists, Boston City Councilors Cut From Kensington Zoning Suit

By Adam Smith

Judge Keith Long ruled on Tuesday that eight of the nine plaintiffs in a lawsuit that would block the proposed 30-story Kensington Place building have no standing in the case.

Only the Chinatown art gallery Oni was ruled to have standing in the case that challenges the Boston Zoning Commission's issuing of a Planned Development Area designation for Kensington's tower. Theater preservationists, activists and others hold that the Planned Development Area designation should not have been granted to Kensington because the developer lacks the required acre-sized development site. Kensington created the acre by including parts of the streets, sidewalks and property of another building. The Boston Zoning Commission voted to grant the designation to Kensington in December of 2003.

"We're still in the case," said attorney Herbert Gleason, who represents the plaintiffs. Though Gleason said he wasn・t surprised by Judge Long・s decision, he doesn't agree with it. New plaintiffs are expected to join in the suit, he said, adding that the loss of the eight plaintiffs doesn・t weaken the case.

In the same ruling, Judge Long also combined - at Kensington's request - two other lawsuits with Oni's lawsuit. The other two lawsuits were filed by the owner of the Glass Slipper on La Grange Street, which would be displaced by Kensington・s project.

The eight members dropped from the case are the Chinese Progressive Association, the Chinatown Resident Association, Shirley Kressel, Stephen Landrigan, John Little, and three city councilors, Maura Hennigan, Felix Arroyo, and Chuck Turner. Attorneys for the plaintiffs could not be reached. None are located as close to the Kensington site as the Oni, which is across Washington Street from the site.

According to a letter by Ralph Cole of Kensington, Judge Long stated that Oni・s standing is "questionable."

Letter from Cole