April 30, 1998

A proposal to put eight apartments for low-income tenants on a street in posh Avon Hill, one of the city's richest areas, has been abandoned after neighbors argued the project violated zoning laws.

The incident is the latest example of how hard it can be to construct affordable housing in Cambridge, even though almost everyone agrees it's one of the city's greatest needs.

The proposal, for a building on the corner of Walnut Avenue and Upland Road, just off Mass. Ave. at Porter Square, came from CASCAP, a well-known nonprofit developer of affordable housing. The project was abandoned April 15 because CASCAP couldn't afford a legal fight with neighbors who argued the project violated zoning law, according to Michael Haran, CASCAP's executive director.

"It's sad because this was a good project," Haran said. "We really believe, as does the City Council, that affordable housing is needed in all the city's neighborhoods to preserve economic diversity and best serve residents."

The residents who opposed the project are Francis Colannino, of Walnut Avenue, and Joel Feigon, of Upland Road. They are represented by John Henn, an attorney at Boston-based Foley, Hoag & Eliot, who also lives on Walnut Avenue.

Colannino and Feigon have both opposed other proposals to build multiple-unit dwellings in their neighborhood. They believe such structures violate zoning law and ruin the character of the area, Henn said. Their opposition to the latest project is based on the same criteria, not the fact that it was for affordable housing, Henn stressed.

"That has absolutely nothing to do with it," Henn said. "They have opposed previous proposals for this property that had nothing to do with affordable housing, and they will continue to oppose any project that calls for so many units."

Still, some observers say this is just another example of how hard it can be to put affordable housing in rich neighborhoods. Whether it's zoning or traffic or some other form of opposition, some people will always find a way to keep low-income housing out of their backyards, these observers argue.

"This smells of a rich, lefty, white neighborhood not wanting diversity in their backyard," said Jonathan Ginsberg, a local political activist. "It's a horrible shame that a top-notch, nonprofit affordable housing developer was defeated by the rich and powerful power-brokers of Avon Hill."

The zoning controversy centers around how many units should be allowed in the massive, run-down structure. (The official address is 11 Walnut Ave. and 80 Upland Rd.)

CASCAP argued that the building was used for eight, and even nine, units since before 1961, when more restrictive zoning was implemented for the area. Because of the existing use, the property should be allowed to remain at eight units, the agency said.

In March, the city official charged with interpreting zoning law backed CASCAP's position. Robert Bersani, acting commissioner of the Inspectional Services Department, ruled that the building could legally contain eight units.

But Henn, representing Colannino and Feigon, questioned the ruling. Henn said phone records and other evidence indicate the property contained no more than six units before 1961, and thus shouldn't be allowed any more than that today.

Henn's clients will probably appeal Bersani's ruling to the Board of Zoning Appeals, Henn said. They have until May 24 to do so.

Though CASCAP still believes zoning law permits eight units, it can't afford to fight a legal battle that could cost tens of thousands of dollars, Haran said. Instead, CASCAP cut its losses, giving up half of a $10,000 deposit and about $20,000 dollars already spent on the project for architectural designs and other pre-development costs.

"We had to calculate the risk, and we just don't have the resources to go up against two people with a lot of money and a lot of time -- even though we are confident we eventually would have won any legal challenge," Haran said. "It just goes to show: if you have connections and money, you can pull this kind of thing off."

Some residents are not surprised at the fate of CASCAP's proposal. They say that while most Cambridge residents claim to support affordable housing, many don't want it in their own backyards.

"It's a tale of two cities," Ginsberg said, comparing Cambridge to Charles Dickens' famous novel. "The people west of Harvard Square have always been successful in pushing all the poorer people into Central Square and East Cambridge. This is another sad chapter of power and money defeating diversity and affordability in the city of Cambridge."

Glenn Koocher, a political observer and former school committee member, agrees that most debates about affordable housing are really about money.

"It's a class issue masquerading as an over-development issue," Koocher said. "The history of the city has been people in the so-called better neighborhoods opposing affordable housing. They apparently think they're better than everyone else. I'm not surprised this is happening."

If CASCAP had gone forward with its proposal, the agency would have renovated the building and rented eight apartments to low-income tenants with Section 8 housing vouchers from the federal government. Two apartments would have been reserved for people with disabilities.

Under the purchase and sale agreement, CASCAP would have paid $770,000 for the property. It is currently owned by Stephen Sacks, the man behind Boston-based Pinehurst Properties. Sacks bought the property in March 1997, for $525,000, from Marion Cassidy, an elderly woman who dies soon after the sale.

Henn, is a prominent, politically-connected lawyer and former Cambridge Civic Association board member.

It's ironic, some observers say, that Henn, a progressive activist, is representing clients fighting an affordable housing project -- even if zoning is the real issue. After all, almost every politician in Cambridge agrees that creating more affordable housing has been a top priority since rent control was eliminated in 1995.

Henn, however, doesn't see anything wrong with what he is doing.

"When you've represented someone for 20 years on zoning matters, you have a higher duty to your clients to uphold the law," Henn said. "It's not up to me to impose my views one way or the other."

Henn is well-known in political circles as a wealthy supporter of progressive causes including abortion rights. He is also a major supporter of Attorney General Scott Harshbarger, who is running for governor. Henn serves on Harshbarger's Finance Committee, a select group of individuals who have agreed to raise tens of thousands of dollars for Harshbarger's campaign.

"This is just shameful," said Ginsberg, who is also a Harshbarger supporter. "It's a major setback for the goals of affordable housing and diversity in this city. If I was advising another developer, I would tell them to buy the building, demolish it, dig a hole and leave it there for those people to look at. Or, if it were allowed by zoning, put a pig farm there."

This article originally appeared in the Cambridge Chronicle.