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Mission Hill Residents Refile Against Med School

Lawsuit Claims University Construction Plans for Parking Garage Deceived Boston Neighborhood

Brookins is backed by some urban planners, who see Harvard's action as an example of how corporations avoid troublesome regulations to get their way in the community.

If Harvard submitted the wrong plans to the ZBA for approval, then the University is clearly "in the wrong," according to AssociateProfessor of Urban Planning Alexander C. vonHoffman.

"That is not the way it is supposed to go," vonHoffman says. "That is generally associated withsleazy behavior."

Members of the Zoning Board of Appeal could notbe reached for comment.

McCluskey says that the proper paperwork was atthe Inspectional Services Department, the agencywhich approves projects which need variances fromthe city's zoning code.

Unaware of Plans

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Brookins says that when she went to thedepartment after they had approved the project,the plans were not on file. Administrators at thedepartment were not aware of plans calling for aseparate garage, she added.

At her meeting with the Inspectional ServicesDepartment, Brookins says that Commissioner ThomasMcNicholas told her that at the request of theBoston Redevelopment Authority (BRA), hisdepartment approved the plans for the garagewithout ever seeing them.

Neither McNicholas or Assistant CommissionerGary Mocci returned numerous calls from TheCrimson. But the BRA's Jerry Cavanaugh said hisdepartment never told inspectional services toapprove the plans.

Brookins also claims that the city allowed theproject to go forward without allowing thecommunity 15 days, the legal requirement, tochallenge the decision. And once the approval fora limited permit was given, Brookins claims,Harvard constructed far more than what wasallowed.

The city granted Harvard a permit that onlyallowed them to work on the foundation of theresearch facility. Brookins says that Harvard usedthat limited permit to complete the garage located200 feet from the original structure.

Brookins says that she plans to continuefighting Harvard for as long as it takes to winher suit.

"They've lost their search for veritasin the search for a parking garage," she says

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