Memorandum in Further Support of Applicants' Proposed First Amendment to the Chapter 121a Application for the Post Office Square Redeveopment Project

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Outright rejection of an amendment on the basis of a technical deficiency does not sei-ve the Authority's purposes, since an applicant may simply file a new application in proper form.
Rather, the Authority should determine whether the deficiency is material, and, if it is not, the Authority should waive the deficiency, as permitted by Rule l.B. of the Authority's Rules and Regulations. The right of the Authority to waive its rules and regulations was recognized in Boston Edison Co.
V. Boston R
...edevelopment Authority , 375 Mass. 151, 154-155 (1978) .
In the present case, the Amendment was signed by the Applicants' attorney, not by the Applicants, and it did not specify that it was signed under oath. There should be no doubt that the attorney signing the Amendment was authorized to do so. At the time scheduled for the Public Hearing, a majority of the Board of Directors of the Applicants was present at the Authority board room (Transcript, page 11).
Several of the directors, including the chairman of the board and the president, remained throughout the hearing.


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