Planners Ask Zoning Power Over College

Representatives of Harvard, M.I.T., and Boston College have expressed opposition to a bill which would remove colleges' exemption from local zoning laws.

Present state Zoning Enabling statutes forbid city ordinances that "prohibit or limit" use of property for non-profit schools and colleges and religious institutions. The effect of the proposed Senate bill 236 would be to deny this exemption to certain kinds of institutions, including colleges.

Speaking in opposition to the proposals at a State House committee hearing, Henry M. Leen, an attorney representing the Catholic Archdiocese of Boston and Boston College, said that the bill would allow local zoning appeal boards arbitrary power to block church and school building plans.

Roger A. Moore '53, Harvard's attorney at the hearing, asserted that the University now conforms to all Cambridge zoning regulations, but did not want to "be compelled" to have to seek local approval because of the possibility of arbitrary blocking.

Smith Submits Proposal

The proposal was submitted by Cambridge's assistant City Solicitor, J. Henry Smith. At the hearing it was supported by Alan McClennen '38, the City's Planning Director, who stated that "We find ourselves in the situation where no city or town has a right to determine that major educational institutions...are unsuited to certain neighborhoods."

In announcing the proposal for a new Zoning Code last November, the Planning Board stated its intention to seek amendments to the state Enabling laws "so that colleges and universities would not be exempt from those contols which the City Council has from time to time felt desirable for the proper development of the City."

Although the bill seems unlikely to be reported favorably this year, it may have a better chance, in a slightly altered form, next year. If the word "limit" were removed from the state statute, cities would be able to control institutional building so sharply that it would effectively stop colleges from building in certain neighborhoods.