Despite a year of community review and the approval of the city's planning board, a proposal to replace a building on Eliot St. gutted by fire last October with a multi-million dollar commercial structure has been stalled by a neighbor's lawsuit.

Filed by Genevieve McMillan--who owns the nearby 96 Winthrop St. building that houses the Henri IV restaurant--the suit contends that the city acted improperly in allowing Robert Banker '58 to chose how he would meet area parking regulations, McMillan's attorney said.

Parking Rules

Cambridge zoning rules require that developers provide a certain amount of parking for every square foot they intend to build--adding up to about 50 spaces for the proposed Eliot St. building, said Gladys P. Gifford, president of the Harvard Square Defense Fund, a community activist group. But she added that the city waived Banker's parking requirement.

Those exempted from providing parking are required by law to either reduce their building to 80 percent of its original size or pay the city one half of what it would have cost to build parking, said Paul G. Counihan '39 McMillan's attorney.

And because Banker's proposal would cut off light from McMillan's building, Counihan said the lawsuit asks the courts to force the planning board to decide whether Banker must reduce the size or pay the city.

"We think the planning board misconstrued its policy," Counihan said "It's something the planning board should [decide]."

Counihan added that Banker was "building as much as he can possibly build and asking for an exemption of parking. In the wintertime, [McMillan's whole building...will be in shadow," said Counihan.

Banker would not comment on the specifics of the lawsuit, currently pending in the Middlesex Superior Court.

But according to Counihan, Banker has asked the court to dismiss the case on grounds that McMillan had an ulterior motive--to get Banker involved in her fight to stop development on the University-owned Harvard Motor House site.

Harvard plans to replace that structure with commercial space and to build an "inn" owned by the Faculty of Arts and Sciences across from the Harvard Union partly to compensate for the hotel's loss.

Although McMillan said she was willing to accede to Banker's proposal if he would oppose the Motor House development Counihan said the issue came up after she had publicly opposed Banker's project.

Despite McMillan's lawsuit, members of the Harvard Square community said they have given measured support to Banker's plans.

Gifford said her group hinged its approval on the condition that Banker address the issue of parking.

"We've been to the hearings, we've said what we had to say," said Gifford. "We're not going to court on this one because it's not that egregious."