Church Ruled Exempt From Limit on Height

Cambridge zoning restrictions may not control the height of University buildings, according to the findings of a State Superior Court Master appointed to hear a case involving the Armenian Holy Trinity Church of Boston. The Armenian group plans to build a church on Brattle St.

In denying the petition of a group of local residents to keep the proposed building within the 35-foot zoning height limit, Master William H. Lewis, Jr. '26 found for the church on the two basic issues: that the restriction "would involve severe hardship to the respondent Church Corporation," and "that the 35-foot height restriction...does not apply to the Church."

The second finding interprets the State Zoning Enabling Act to the satisfaction of the University. The Master found that the Act prevents communities from restricting the height of buildings of religious, charitable and educational institutions.

Unless the State Legislature passes a law clarifying the Act, any plans for Leveret House towers or the new Health Center seem free from Cambridge zoning restrictions on height, Lewis said. Three of the seven Cambridge representatives in the Massachusets Legislature yesterday denied knowledge of plans for any such legislation.

Lewis felt certain that the State Superior Court would uphold his findings. "I don't think there is any doubt about whether it will stand up," he stated. The atorney for the appellants, Paul G. Counihan '39 will appeal the Master's findings in Superior Court September 29.

An affirmative ruling by the Court would set a precedent exempting other religious, charitable and educational institutions from height restrictions, a University attorney said.

The University had offered the services of its law firm, Ropes, Gray, Best, Coolidge and Rugg, to the Church to assist in arguing the interpretation of the act. However, the attorney for the Church and Chairman of its Building Committee, Sarkis M. Zartarian, said that he did not use the firm.

In addition to finding that the Church's planned 57-foot roof-apex "is the absolute minimum height permitting the use of three altars," which is traditionally required by the Church, Lewis denied other allegations of the petitioners.

"I find that the opinions of some witnesses for appellants that (the church) 'would tend to destroy that harmonious attitude of Brattle Street' and would be 'out of character with the neighborhood' are of no materiality whatsoever...