Samuels & Assoc.’s Parcel 12 development under construction over the Massachusetts Turnpike. Commercial and nonprofit affordable housing developers say the biggest effects of BPDA reform won’t be felt until a comprehensive rezoning plan is completed. Photo by James Sanna | Banker & Tradesman Staff
Reforming development in Boston, a keystone of Mayor Michelle Wu’s agenda, means a looming overhaul of the city’s 27-year-old ground rules for reviewing most building projects.
Translating Wu’s top policy goals – such as growing Boston’s population to 800,000 and fast-tracking affordable housing projects – into day-to-day changes in how city hall does business with developers is likely to be a years-long process. Some developers and real estate advisors say the most impactful change is potentially the most labor-intensive and time-consuming: the first citywide rezoning since the 1960s.
“Providing some areas that allow for multifamily zoning with more height in different situations is really the key to getting more housing built,” said Aaron Gornstein, CEO of Boston-based nonprofit Preservation of Affordable Housing. “It’s essentially so you don’t have to go through the ZBA for every single project, because the underlying zoning doesn’t allow for the kind of housing that is [financially] feasible to build.”
Some commercial developers also point to citywide rezoning as a necessary overdue step.
Increasing height and density across the board would decrease the powers of the Boston Zoning Board of Appeal, which reviews variances needed for many projects. Wu revamped the board last year by nominating a slate of eight new members.
“The process is highly influenced by various constituencies who pull in one direction or another,” said Bruce Percelay, founder and chairman of Allston-based multifamily developer Mount Vernon Co. “Wouldn’t life be simpler if the city were zoned so you didn’t have to go through the process every time and everything was not ad-hoc?”
Playbook Set for Second Look
Article 80 of the Boston zoning code, adopted in 1996, is the playbook for developers seeking to build in Boston. The reviews apply to all projects totaling at least 20,000 square feet or a minimum 15 housing units. Colleges and other institutions are required to submit institutional master plans, which signal their real estate strategies for the next decade.
Wu campaigned on a critique that the BPDA is broken, and projects sink or swim based upon the savvy of developers and neighborhood activists rather than sound long-range planning decisions.
A nine-member steering committee, ranging from civic and labor leaders to developers and architects, has met once since being appointed by Wu last month to recommend Article 80 changes.
“It’s not big, lofty policy stuff,” said Matthew Kiefer, a real estate attorney at Goulston & Storrs and a committee member. “It’s just: How long do these reviews take, and where do they get stuck? What works and what doesn’t? And take a look at that and what other cities do, and make some proposals.”
The BPDA also is seeking proposals from consultants to recommend Article 80 changes. A team is expected to be chosen as soon as the agency board’s May meeting.
New BPDA Team to Focus on Zoning
The BPDA already has neighborhood-wide planning studies under way which could culminate with rezoning of the downtown, Charlestown, East Boston, Mattapan and Newmarket neighborhoods.
But broader citywide rezoning won’t happen in the near term. Reorganization of the BPDA staff to create a zoning reform implementation team will begin in the fiscal year that begins July 1, according to Wu’s executive order, with an initial focus on squares and corners.
In the nearer term, Wu has made a goal of fast-tracking affordable housing proposals, through internal BPDA changes and closer coordination with other city departments.
“It’s essentially prioritizing those developments across the city agencies so it gets prioritized, and then an ongoing tracking system so one will be able to tell exactly where you are in the review process,” said Gornstein, a member of a working group advising the city on the changes.
Steve Adams
Confusion About Conflicting Goals
Beyond fast-tracking some approvals, Wu has emphasized making the city’s review more predictable and transparent. But members of the BPDA board, developers and real estate advisors say too many specifics are lacking so far to say what will change in how the agency shapes future development.
At its February meeting, the BPDA board of directors tabled Wu’s executive order to begin the transition from the BPDA to a new City Planning & Design Department. Board member Ted Landsmark challenged the assumption that the agency provides insufficient opportunities for public comment, while Brian Miller questioned the effects on staff as the agency transitions from an independent to municipal agency.
“If developers perceive [the changes] as making it more complex, it could slow down investment depending upon how these things shake out,” said Jeffrey Myers, research director at brokerage Colliers in Boston. “But I don’t believe Boston has ever been perceived as an easy place to go in and get things built. It takes a long time to get it permitted and up and running.”
