One Kenmore, a mixed-use project above the Massachusetts Turnpike near Fenway Park, was introduced a decade ago by developer John Rosenthal. It took 10 years to file plans for the project with the Boston Redevelopment Authority.
When developers think of Massachusetts, ease of planning and permitting has historically not been something that jumped to mind. Home rule, unwieldy permitting laws, a long appeals process and various other factors have been notorious for holding up plans across the Bay State. For every project, it’s a different story.
John Rosenthal, a developer who 10 years ago introduced plans for a mixed-use project above the Massachusetts Turnpike near Fenway Park, recently explained why it has taken a decade to file plans for the project with the Boston Redevelopment Authority.
“This is a very dynamic site with large and active abutters, including the Red Sox, Boston University, Audubon Circle Neighborhood Association, Fenway Civic Association and Fenway Community Development Corp., many of whom said they have been victimized by other development and uses in the area. B.U. and the Sox don’t necessarily share the same interests,” Rosenthal said. “They have very different constituents. The neighborhood groups said they have been put upon by institutions, nightclubs and the Longwood Medical Area. Later, a panel was created to create a civic vision for turnpike air rights. That document recommended zoning changes that took time to implement. Then the Red Sox had to decide whether to build a new stadium elsewhere or stay put. Then, and only then, could the turnpike issue an RFP for the parcels.”
Rosenthal’s development at One Kenmore is one-of-a-kind, and a 10-year wait is long for any development, but a bevy of obstacles have historically hindered developers in Massachusetts.
The new year marked a sort of anniversary for some reform in the state. In 2006, then-Gov. Mitt Romney signed into law a bill that aimed to reduce appeal time for development projects. The bill called for a special session of the Land Court to hear appeals that have to do with real estate projects and time limits within which the court must make a decision. It also contained provisions to allow developers to proceed with a project at their own risk even if an appeal had been filed, and put some restrictions on environmental challenges.
Although it has been more than a year since the bill was signed into law, and developers feel it will expedite their projects, its full affects have not yet been felt, said David Begelfer, chief executive officer of the Massachusetts chapter of the National Association of Industrial and Office Properties.
“It’s a little early,” he said. “We haven’t quite seen the results yet.”
But changes should be evident soon.
“[Developers] feel it’s one of the more substantive changes in years to the statewide permitting process,” Begelfer said.
Last year did not see such big reforms.
‘Well-Defined Process’
“In 2007, there really hasn’t been anything passed resulting in substantive change,” Begelfer said.
One that will help some, however, was when Mass Highway recently issued regulations dealing with access and curb-cuts. It marks the first time in 15 years there have been regulations for getting a curb-cutting permit.
“There was no real clear definition for how long it needed to take. So that is certainly an improvement,” Begelfer said.
This year, there are some bills and proposals for new regulations that could pave the way even more for new projects. Begelfer doubts that many of them will be passed by the time the legislative session ends in July. One recurring bill on the table would reform the planning and permitting process for municipalities.
“That obviously is a problem [to get passed] because it butts up against home rule,” Begelfer said.
But he is hopeful that the relatively new administration in the governor’s office will be fair to developers.
“There is an attitude with this administration to looking forward to expedite the time it takes to get major projects through,” Begelfer said.
Home rule has been a piece of Massachusetts’ history that can cause headaches for developers who try to push through projects in smaller towns that do not often deal with big projects. But in Boston, John Palmieri, director of the Boston Redevelopment Authority, hopes the process is more clear-cut.
The BRA, which reviews many of the city’s large projects, deals with $100 million-plus projects all the time, Palmieri said. And once they get through all the neighborhood debate – like that which affected One Kenmore – the process is generally smooth.
“These are complicated, large, mixed-use projects,” he said. “The process is a pretty good one, I think. Boston’s process is a pretty well-defined process.”
The city’s process is well-defined and well-regarded, and resources like guides for citizens and developers are available. And there are a large number of projects under way.
“The good news is that, notwithstanding some of the economic impacts, we have 84 projects under construction,” Palmieri said.
A mixed-use project at Russia Wharf is under way, as well as a $148 million residential hall at Northeastern University, a $117 million mixed-use project at Battery Wharf and the redevelopment of Filene’s former department store in Downtown Crossing.
“This will be the lynchpin for the development we expect to see there in the next few years,” he said.
There are also 89 projects permitted in the city, like the Columbus Center project between Back Bay and the South End, and Harvard University’s new science complex. And Palmieri is confident that such development will continue in coming years, despite economists’ concerns of an impending recession.
Boston likely will be able to absorb more space in the next few years, he said. Projects already permitted will probably move forward.
“A number of these projects are likely to see development occur in another couple of years,” Palmieri said.
There are also many more projects in the pipeline, Palmieri said. Some will have to wait their turn, but the BRA’s process helps insure the success of projects by making sure not too many come online at once.
“It’s the timing of when you start the projects,” said Jessica Shumaker, spokeswoman for the BRA. They have seen the balancing affects of the market, with hotels being hot for awhile, then condos and now rentals.
“As much as people were saying we’re doomed I don’t think that’s true at all, it’s just the way of the market balancing itself out,” she said.
