Developer squeezes Roxbury neighborhood

Howard Manly

In what is becoming an increasing problem in Roxbury, a real estate developer is building a multi-family house on property barely zoned for such use.

The latest case is occurring now, right across the street from METCO founder Jean McGuire’s house on Dennison Street.

To say the least, she is not happy about the situation. McGuire says a Boston Redevelopment Authority official told her years ago that the tiny plot of land directly across from her front steps would remain a small park.

But now that the land has changed ownership, that agreement is off. And the new owner, Joan Pennant, has already started building on the land. Though their building plans are vague — and as of last week, not filed with Boston City Hall — they have received all necessary permits and approvals.

Except one. Neighborhood residents are upset and particularly concerned that no one — not the new owner, not city zoning or building officials — told them that a construction project was starting in their neighborhood.

Worse, when neighborhood residents, led by McGuire and City Councilor Chuck Turner, convened a meeting with an official from the Boston Inspectional Services Division and the new owner, they were told that there was nothing they could do to stop the project because everything was legal.

The residents were able to stop work last week, largely as a result of unanswered questions on the noise level of the construction and other environmental issues, including the spread of dust and dirt. But construction resumed this week.

“The noise is just indescribable,” a noticeably agitated McGuire said.

Underneath the construction noise lays a deeper problem. The property lot is about 6,000 square feet and the proposed building is about 4,000 square feet. The only problem is that an abutter, the former Jewish memorial Hospital now called Radius Hospital, owns a part of the 6,000 sq. foot lot.

How much land the hospital owns is an open question. Hospital officials attended last week’s meeting and promised to produce a map detailing their property. Depending on how much land they own, the new building owner may have to go to city’s Board of Zoning Appeals and plead their case for a variance.

If that’s the case, the owner will also need neighborhood approval, and that is not likely, given the tenor of last week’s meeting.

“They are making people sick,” said David McGuire, Jean’s son. “The noise level is excessive. This is insane. It’s ridiculous. They have far exceeded what is acceptable noise in a residential neighborhood.”

Another neighborhood resident complained that her daughter had been using her inhaler almost nightly ever since construction started. “I think its extremely unfair,” the resident said. “It didn’t dawn on me until I realized that my entire house is covered in dust and dirt.”

Darryl Smith, the assistant commissioner for the city’s Inspectional Services Department, said there was not much the city could do. “We can try to reduce the problems as much as we can but this is a construction project and they have a right to build on their property,” Smith said.

Smith also explained that the property owners were not required to inform residents of their plans because there were no legal or zoning problems at the time.

“What are we, chopped liver?” angrily asked one resident. “The new owners don’t even have the courtesy to speak to people. It seems to me if I were moving into an immediate area, I would try to get to know my neighbors. Not piss them off.”

Joan Pennant, the owner of the property, said very little during the meeting. When asked to discuss her plans, she told the Banner that she had no comment.

City Councilor Chuck Turner has already said he is against the project. “They shouldn’t be allowed to move forward,” Turner said.

But move forward they did, after a brief delay last week.

Smith defended his department’s inability to stop the project, arguing unless someone has a legitimate complaint, the work should continue.

“The law is the law,” Smith said. “We can’t stop them from moving forward.”