MASSACHUSETTS INSPECTOR GENERAL GLENN CUNHA on Monday condemned the procedures the Boston Redevelopment Authority followed in awarding lucrative property easements to the Boston Red Sox in 2013, but didn’t recommend trying to unwind the agency’s deals with the ball club.
Cunha spent two years reviewing an agreement between the BRA and the Red Sox allowing the team to close off the portion of Yawkey Way abutting Fenway Park and turn the public street into a private food and entertainment court whenever an event is being held at the ballpark. The deal also gave the team air rights over Lansdowne Street necessary to build the club’s Green Monster seats. The Red Sox won both concessions in perpetuity in return for paying the BRA $734,000 a year for 10 years – a total of $7.34 million.
“The review found that the BRA did not exercise the due diligence it owes to the city and the taxpayers,” Cunha wrote in a letter to BRA Director Brian Golden. “It failed to ensure that the sale price it negotiated was in the taxpayers’ best interest. Furthermore, its process for reviewing and approving the transactions was flawed, not supported by evidence, and lacked transparency.”
Cunha said the sales price the BRA negotiated with the Red Sox “appears to be insufficient.” Cunha did not set a precise value on how much the Red Sox made off the deal, but his analysis suggests the club’s return was enormous.
The Red Sox paid $7.34 million for the air rights over Lansdowne Street and the rights to Yawkey Way on event days. According to Cunha, that amount worked out to about $6,000 per event day, or the equivalent of the price of 36 Green Monster seats in 2013.
By Cunha’s calculations, the sale of the other 233 Green Monster seats and any revenue after expenses from concessions sold on Yawkey Way would have represented profit for the team. Cunha also noted the Red Sox payments end after 10 years, after which the club would be allowed to rake in ticket and concession revenue at no cost.
The BRA should have sought a “revenue-based sale” price for the two properties “instead [of] adopting illogical and questionable valuation methodologies,” Cunha said in his letter to the BRA.
The Red Sox issued a statement saying the team paid “fair value” and the transactions were the result of “complex and tough negotiations” that began a decade ago. “If anything, the price the Red Sox were asked to pay for air rights and for the limited use of a street is much higher than what other private parties had previously paid for air rights or for street use,” the team said. “The Red Sox ultimately agreed to the final terms very reluctantly.”
In a telephone interview, Cunha rejected suggestions that the BRA-Red Sox deals violated state procurement laws, which require municipalities to put contracts and other arrangements out to bid. Cunha said the Red Sox arrangements involved urban renewal efforts. “Urban renewal projects do not have to follow procurement laws,” he said.
Asked why it took two years to complete his investigation, Cunha said: “It was a complicated matter.”
In his letter, Cunha knocked the BRA for taking the Lansdowne Street air rights and Yawkey Way from the city of Boston using a provision in state law that allows the agency to take property by eminent domain to eliminate or prevent “urban blight.” Once the BRA acquired the two properties from the city of Boston, the agency turned around and sold them to the Red Sox.
Cunha said the Fenway Park area could not be considered blighted or in danger of becoming blighted. “By 2012, the Fenway neighborhood was so revitalized and economically strong that the recurrence of blight seemed highly unlikely,” he said.
The BRA is currently seeking City Council approval to extend a “blighted” designation for another decade in several of the city’s so-called urban renewal zones. Residents of the North End and South End are fighting the designation, saying it’s outdated.
Cunha also criticized the BRA for over-paying an affiliate of the Red Sox for an easement on a portion of a parking lot at 70 Van Ness St. Cunha said New England Sports Ventures, an affiliate of the Red Sox, paid $2.3 million in 2010 for the parking lot. In 2013, the company sold an easement on a fifth of the parking lot to the BRA for $2.67 million. Cunha acknowledged he was unable to obtain some details of the transaction, but he nevertheless concluded the price paid by the BRA “appears inflated.”
A separate 2013 deal with Boston’s police and transportation departments – but not looked into by Cunha — allows the Red Sox to close off the portion of Van Ness Street abutting Fenway Park and turn the roadway into a private parking lot for VIPs and employees when events are held at the ballpark. The Red Sox did not pay the city anything for the Van Ness rights, which were also granted in perpetuity.

