Kelley, et al. v. Cambridge Historical Commission, et al. (Lawyers Weekly No. 11-105-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑1309 Appeals Court JACQUELINE KELLEY & others[1] vs. CAMBRIDGE HISTORICAL COMMISSION & others.[2] No. 12‑P‑1309. Middlesex. May 2, 2013. ‑ August 21, 2013. Present: Milkey, Carhart, & Sullivan, JJ. Historic Preservation. Massachusetts Historical Commission. Real Property, Restrictions. Practice, Civil, Motion to dismiss, Complaint, Standing. Administrative Law, Judicial review, Standing. Contract, Third party beneficiary. Civil action commenced in the Superior Court Department on June 13, 2011. Motions to dismiss were heard by Bruce R. Henry, J. Elaine M. Callahan for David Vogel, Peter Fifield, & James J. Carr, Jr. David T. DeCelles for Jacqueline Kelley. Timothy J. Roskelley for Oak Tree Development, LLC & Episcopal Diocese of Massachusetts. Arthur J. Goldberg, Deputy City Solicitor, for Cambridge Historical Commission. Annapurna Balakrishna, Assistant Attorney General, for Massachusetts Historical Commission. MILKEY, J. The St. James Episcopal church sits at the intersection of Massachusetts Avenue and Beech Street in North Cambridge. Built in 1888, the church was designed by noted New York architect Henry M. Congdon in a style that has come to be known as “Romanesque revival.” Since 1983, the church has been listed on the National Register of Historic Places, and all parties to this litigation recognize that it has significant historic value. Also at the site are a parish hall that predates the church by four years, and a small park known as “Knights garden” that was designed in 1915 by noted landscape architect John Nolen. The church property is owned by the St. James Parish (parish), which is part of the Episcopal Diocese of Massachusetts. In conjunction with a private developer, the parish has proposed a four-story, mixed-use development at the church site and on an adjacent parcel that the developer owns. Under the proposal, the church itself would remain but the parish hall and Knights garden — at least in the garden’s current form — would not. The plaintiffs are four nearby residents who allege that various historic preservation laws prevent the project from going forward as proposed. Ruling that their amended complaint failed as a matter of law, a Superior Court judge allowed the defendants’ motions to dismiss. We affirm the judgment, albeit on somewhat different grounds than those stated by the judge below. Background. The 1987 Massachusetts Historical Commission preservation restriction. In 1987, the parish granted defendant […]
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South End Historical Society Gets New Director
Meet the new executive director and find out where former director Hope Shannon is headed next. South End Patch News
Some Boston Historical Sites Closed Tuesday
Some of Boston’s historical sites were closed on Tuesday following the bombing at the Boston Marathon. “Due to heightened security, the Charlestown Navy Yard Visitor Center and USS Constitution are closed for April 16, 2013,” representatives from the Boston Historical Park service posted on the department’s Facebook page. The USS Constitution Museum is open from 9 a.m. to 6 p.m., according to the site’s Facebook page. In addition, the Bunker Hill Monument was closed for climbing on Tuesday. The Faneuil Hall Visitor Center is open Tuesday from 10 a.m. to 6 p.m.; however, guided tours are cancelled, according to the National Park Service. The Boston Tea Party Ship and museum will be open from 10 a.m. to 5 p.m. on Tuesday. The Paul Revere House is open Tuesday until 5:15 p.m. “We are grateful that our spring bulbs are blooming and we are delighted to see Marathoners and their families at our site today,” Paul Revere House representatives wrote on the site’s Facebook page. The Old North Church appeared to be open on Tuesday, although the museum did close early on Monday after the bombing. The church’s Rev. Stephen Ayres had this to say on the church Facebook page: “The steeple where two lanterns were courageously hung two hundred and thirty eight years ago. The steeple that gave birth to Patriot’s Day and the tradition of the Boston Marathon. Assaults on our freedom cut deeply here at Old North Church. We will be keeping our lanterns lit and facing the Boston Marathon finish line to honor the innocent victims.” Most major Boston museums are open on Tuesday, with several offering free admission. The Museum of Fine Arts is offering free admission to all of its galleries and special exhibitions. Drop-in programs, including art-making activities, tours and story hours for families and children, are also going on as usual. The Institute of Contemporary Art is also open free to all visitors on Tuesday, with free school vacation activities going on as scheduled. “We are deeply saddened by the tragic events that occurred yesterday during the Boston Marathon and our thoughts go out to the runners, friends, families, first responders, and all those impacted,” ICA officials wrote on the museum’s website. “[…] Heightened security measures are in place to ensure the safety of our visitors and staff. As always, we hope the museum will offer a place of community and reflection.” The Boston Children’s Museum is also open Tuesday, 10 a.m. to 5 p.m. Museum staff posted an article about helping children deal with tragedy on their blog. South End Patch