A group of 11 Charlestown Navy Yard residents today sued the BPDA and two non-profit groups, saying the approval process for a plan to turn a closed hotel into an apartment building where nearly half the units are meant for people trying to get out of homelessness not only violated state bidding laws and their own constitutional rights but will lead to sick, hungry, jobless addicts wandering and maybe even dropping dead in the streets of the historically important neighborhood.
At issue are plans by the Archdiocese of Boston's Planning Office for Urban Affairs and St. Francis House to turn the former YMCA-run Constitution Inn at 150 3rd Ave. in the Navy Yard into 100 apartments, all affordable, with 48 set aside for "permanent supportive housing" aimed at households led by veterans or women coming out of homelessness, and with on-site staff to help them. The YMCA would be allowed to continue to operate its pool and a fitness center until it can find a new location.
The BPDA board approved the project, in which more than half the units, including all the "supportive housing" ones, would be rented to people making no more than 30% of the Boston area median income, on Dec. 14.
In their suit, filed in Suffolk Superior Court, the residents, all condo owners, say the BPDA rammed the project down the neighborhood's throat, disregarding what they said was extensive opposition. They charge the authority failed to comply with state law to put the disposition of the building out to bid, and disregarded its own rules for large projects, such as creating an "impact advisory group" of local residents and business owners to review the proposal.
The BPDA also violated the Open Meeting Law, they allege, adding that during the one Zoom hearing the BPDA held, the authority refused to let some Charlestown residents give testimony even it allowed people it knew were not from Charlestown support the proposal.
On Dec. 14, the suit continues, the BPDA board quickly approved the project without giving opponents a chance to speak.
All this, the suit charges, means the residents' rights were violated, specifically, their "right to assemble, right to free speech, and right to engage in petitioning activity, as guaranteed by the First Amendment to the U.S. Constitution and Articles 16 and 19 of the Massachusetts Declaration of Rights."
And the YMCA pool? That violates the building's 1978 deed, which specifically bans pools, they charge, adding the city let the Y stay even though it long ago stopped paying rent on the building.
But as aghast as the residents are at the way the project won approval, they are equally horrified at the idea of formerly homeless people living near them.
According to the suit, Charlestown already has an overburdened medical system and the neighborhood "does not have the requisite resources or services to support the homeless population, the majority of which have complex health problems - both mental and physical - and are often dealing with substance abuse."
And let's not forget that Charlestown already has problems with ambulance staffing and does not have a full-time police station, all of which becomes critical because, the suit states - without specific citations - that "permanent supportive housing" for the homeless "does not decrease the number of overdoses or deaths."
The suit says no medical facilities near the Navy Yard are even accepting new patients, and the closest one that does is in Assembly Square, 1 1/2 miles away.
But because the building will have no parking spaces, residents of the new building, with their complex, sickly ways, will have no way to get there. That applies equally to the lack of supermarkets and pharmacies - and jobs - in the area, they charge.
At the same time, the residents also charge the building will lead to more traffic and parking problems.
The residents are seeking a trial at which to make their case why the project should be rejected and they and their attorneys should be compensated for bringing the suit.
Complete complaint (26M PDF).
BPDA documents on the plan.
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Comments
Ooh, somebody knows how to look up Registry of Deeds records
By adamg
Wed, 02/07/2024 - 2:27pm
Yeah, that thing is listed as a mortgage, but it's really more of a future lien.
We took advantage of a grant program the city has for homeowners over 60 (raises hand) to get a new heating system (and in our case, water heater).
If your system costs more than the grant, you can either pay for the overage right away or have it placed as an interest-free "mortgage" on your home. We chose the latter route, it's interest free, why not? When we sell the house, the city has to be paid the amount.
This may shock you, but, I never talked to Mayor Wu about our grant. Dealt entirely with the folks at the Boston Home Center in Hyde Park. In fact, they sat on it for a couple months because they were waiting to hear from the neighborhood agency they thought had helped us file our application, except I submitted our application directly, without any help from an agency.
It's a great program, if you've reached that age and you meet the income qualifications (sad but true: I have not gotten rich running UHub), apply.
Surprised you didn't look up my PPP loan/grant ($7,498).
Anything else I can tell you?
"Get educated", they say,
By xyz
Wed, 02/07/2024 - 3:23pm
"Get educated", they say, whilst scattering quotation marks (the wrong kind, even) and Random Capitalization 'around'.
I read "Wu regime" and could
By anon
Thu, 02/08/2024 - 10:57am
I read "Wu regime" and could tell this is a person with a bullhorn and nothing ot do.
There is a lot of really
By NoMoreBanks
Wed, 02/07/2024 - 12:20pm
There is a lot of really inflammatory and cruel things being said in this suit, but (and I am not defending the suit as a whole, before people jump all over me), I think there may be a point about the lack of a police station and need for more ambulances. Several people have brought up Central Square as a comparable neighborhood, and I will say there's periods where there's more support (police, city worker, etc) infrastructure in that area and there's periods where there's less and Central Square can feel kind of dangerous in those low swings.
However, you know, the city could just... provide those. They could build the housing AND additional infrastructure to support new residents. Only one ambulance for the area seems like a problem even putting the whole new development aside.
Give
By ChrisInEastie
Wed, 02/07/2024 - 12:40pm
me your tired, your poor, your huddled masses yearning to breathe free…just not, like, me me, you know?
—the entitled clowns bringing this suit
NIMBYs gonna NIMBY
By iridetheT
Wed, 02/07/2024 - 3:16pm
We need to start making it very expensive and very inconvenient for any NIMBY action. Less than a dozen people should never be able to block a development. Get together 50-100 and then we can talk
Even if +100 people were on
By I Don’t Have an...
Thu, 02/08/2024 - 5:21am
Even if +100 people were on that petition, they wouldn’t be able to block development if City Hall wants it badly enough. No amount of petitioning or public outcry stopped plans for the massive development on the other side of Charlestown from proceeding.
Show of hands
By anon
Wed, 02/07/2024 - 8:04pm
How many of you mouths live in Charlestown or have a signed P&S for property there?
Are we the baddies moment
By Bostoneer
Wed, 02/07/2024 - 11:08pm
When you have the money, privilege, and time to file a lawsuit and you do it to attempt to block supportive housing for homeless people you really should start asking yourself that question.
These people should be ashamed of themselves. These frivolous lawsuits delay and drive up the cost of much needed housing for the most vulnerable people in our communities.
Re: Are we the baddies moment
By Kyle
Thu, 02/08/2024 - 8:31am
So easy to say when it's not happening near you. Why won't you give us your address and we check for for affordable housing options near you as well. Don't make yourself feel good by pretending to be something you're not.
NIMBY Argument
By Pete X
Thu, 02/08/2024 - 11:42am
People who need affordable housing are not some blight on society, Kyle, they just usually aren't as lucky to be born with the right parents like those who can afford the expensive housing in the Navy Yard.
NIMBYs like to use this "why don't you ask them to live near you" riposte over and over, but it's just an elementary school comeback used to make the NIMBY feel better. "I know you are, but what am I." People who use it, yes, definitely ARE the baddies.
I refer you to
By Bostoneer
Thu, 02/08/2024 - 12:27pm
I refer you to this comment. I already addressed this. This is tedious.
You seem to know it is bad to oppose affordable housing near you and rather than simply not do that, you attempt to catch others who are willing to say that out loud in hypocrisy even when it doesn't exist.
Welp, they got outed in the
By Carty
Thu, 02/08/2024 - 6:25am
Welp, they got outed in the Globe:
https://www.bostonglobe.com/2024/02/07/business/af...
I wonder how much journalism Adam seeds in the Globe day to day.
Navy Yard Hotel Project
By A Charlestown L...
Thu, 02/08/2024 - 11:53pm
Its evident that many of the comments are from people who have not been following this since it was first proposed or been in on any of the zoom meetings seeing how you think its just about "homelessness."
Educate yourselves.
This post touches on every aspect of how this project will affect not only The Navy Yard neighborhood but the entire town.
-----------'x
Guest Op-Ed: Erica, Empathy, and the Independence
by Patriot-Bridge Staff • February 8, 2024 •
By Tracy Iannelli
My friend Erica is homeless. When I met her, she was sleeping in her car with her feral dog, Bert. Earlier, Erica lived in the woods with him. She told me she was an attorney, owned a restaurant in Mississippi, taught yoga, and had family all over the United States. Later, I realized that at least two of these statements were untrue. What was true— Bert did bit her hand, breaking her fingers. Erica does not have health insurance. Someone set the bone for her, and provided medication, i.e. drugs.
Erica is a beautiful young woman. One day, her friend Jess offered her a room in her home. In exchange, Jess set conditions. Erica could not use drugs, or drink. She had to get a job. She had to see a mental health professional. This was the “quid pro quo.”
Erica agreed and moved into with Jess. She taught yoga in an upscale studio and was fantastic at it—I was fortunate to practice with her. For six months, Erica lived in the world of normalcy. I had high hopes, and gave her money. We shared email addresses, and kept in touch.
Through my friendship with Erica, I saw another face of homelessness, beyond the boogeyman that some might fear. She is ethereal, consumed with anxiety, morphing in and out of a routine existence. My affection for her led to understanding; Erica struggles to deal with life. She lacks those skills that are innate to many of us. I am certain there is trauma in her past. Situations that are relatively easy to navigate, confound her. She breaks my heart.
It is partially through the lens of knowing Erica, that I view the Constitution Inn conversion, now called the Independence. The more current the data, the more alarming it becomes. Communities who embrace harm reduction strategies; or offer treatment without mandating it, and abstain from testing accountability—they will experience 50 to 90 percent recidivism, or re-lapse. This fact is medically confirmed, and was stated by the proponents.
A January 31, New York Times article, discussing the homeless experience in San Francisco, documented the overdose rate, noting it has risen to double the national average. I understand that the approach proposed at the Independence will be similarly structured. Allowing people to use within the four walls is labelled de-stigmatization, but rapidly escalating death rates suggest that it may become tragic. If residents are receiving subsidies, how is it permissible to allow them to use drugs? Isn’t it wise to monitor how they are doing medically? Bodily autonomy is not solely the province of the user—continued drug use brings the user closer to death, encourages dealers, and endangers others.
While the Independence states there is no illegal drug use permitted, it will not test its’ residents. Identifying people who have relapsed, or are slipping back into mental illness, would enable the proponents to determine the most effective intervention. Without that safety net, negative impacts will become more frequent, and increasingly harmful. This is a flawed strategy in a neighborhood without the resources to fix it. The West End would be a better fit.
A Roxbury neighbor stated frankly, in a recent WBZ/CBS report on migrant relocation, that “Empathy and frustration are not mutually exclusive.” The homeless population is varied, comprised of migrants, substance abusers, alcoholics, people with mental health issues, disabilities, trauma, and poverty—often with more than one condition. Therefore, the need for customized, and coordinated care is necessary beyond housing. That care is currently optional at the Independence.
Charlestown has first-hand knowledge of the substance use crisis. We know that if all it took were love and a home, that no Charlestown family would have experienced the loss to overdose. And, we know that the Independence is not a treatment center, nor should it be. We believe that mixing 160 residents–some in permanent supportive housing, others in affordable housing– could be a problematic combination. The proponents have not shared any data that shows otherwise.
It’s important to continue Erica’s story to understand these complexities. Sadly, her dog died of old age. I saw her that day, and she was inconsolable, in tears. I was afraid she would harm herself. The next day Erica quit her job, and announced that she was driving across country in the same car that she lived in. The last I heard, she made it half way. Since then, emails have gone unanswered. A mutual friend discovered that Erica made it to San Francisco. She was not with friends, but she was with other people. My fear is that those people are a community of other traumatized humans who are on the street, or under a bridge, or in a shelter somewhere. I fear she is lost.
Our city and state must balance our collective empathy and compassion with the most up to date science, incorporating transparent, measurable requirements that ensure better outcomes for all. It is clear that a comprehensive answer lies well beyond a place to live, as Housing First supporters maintain. More recently, there is evidence that sustained treatment prior to what can be the overwhelming responsibility of a home, is gaining traction. The Independence does not require this.
A path to recovery identifies underlying causes, while providing care and aftercare. Regaining control over a life demands the resolve to undertake evidence- based treatments. Instead of public service housing, let’s formalize the commitment from the person seeking housing. The goal then becomes increasing affordable housing, while investing in those candidates- resulting in less permanent supportive housing.
I do not know how Erica’s story will end. The pull of homelessness can be strong, and changing behavior takes time and resources. If only Erica, and those around her, could have continued her journey for a little while longer. If only.
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