Planners have published draft changes for Downtown zoning, and stakeholders are already accusing officials of making concessions to developers for the sake of streamlining real estate review and lining city coffers.
PLAN: Downtown published the first completed draft of its recommendations on August 18, suggesting sweeping changes to zoning Downtown. The proposal would see heights skyrocket in many areas but would simplify the zoning process and allow new types of businesses to take root.
The completed draft breaks
the Downtown area into four subsections which are Bay Village, Ladder
Blocks, Wharf District and then everything else. Chinatown would be its
own zoning district and is not included in PLAN: Downtown’s suggestions
because its own planning review, the Chinatown Cultural Plan, is
expected to wrap up in December or January.
While
the cultural subsections of the Downtown are partially exempt, most of
the neighborhood would see allowed heights skyrocket sometimes hundreds
of feet to meet state shadow limits or regulations from the Federal
Aviation Administration.
In
practice, the city’s zoning is already routinely ignored through
Planned Development Areas (PDAs), specific exemptions given to
individual projects. PLAN: Downtown hopes to make zoning match the de
facto limits in place and would charge developers extra mitigation
funding for each foot they go over the present limits.
Some
stakeholders, however, are less than pleased with the compromise. While
the update would mean residents won’t have to man the barricades
whenever a new project is proposed, to some it seems like officials are
essentially ceding planning altogether so long as developers slide the
city a couple extra bucks. “I’m not going to sugarcoat it, I think you
all failed in your responsibility as planners and stewards,” said Tony
Ursillo at an August 16 public meeting. “You’ve heard unwaveringly from
numerous advisors, experts, and members of the public how important it
is to keep the modern stature of the Ladder Blocks. Four years of
feedback was cast aside to permanently alter the district’s character
for an immaterial potential windfall for the city.”
“I’m
worried that with this density bonus model, a developer can write a
check and build something at a height that none of us are comfortable
with. You’ve heard repeatedly that some of these heights are not
appropriate, but they’re still on the table with the right amount of
money,” said Alison Frazee, the executive director of the Boston
Preservation Alliance.
Other
updates to zoning were less controversial. Downtown zoning today judges
potential uses using essentially a whitelist, allowing for a list of
specified enterprises. The decades-old code, however, does not include a
range of more modern desired uses such as gyms, yoga studios and escape
rooms.
“There are
various newer, creative or innovative uses that slid through the cracks
and aren’t included in the current narrow definitions. For example,
takeout food is a conditional use in the Downtown, and that limits large
fast food chains but also applies to small ice cream or coffee shops,”
said Andrew Nahmias, one of the city’s senior planners.
PLAN:
Downtown proposes simplifying zoning to approve broader categories of
uses at a given location, hopefully adding flexibility and future
proofing city laws.
Some
parts of PLAN: Downtown are not releasing with the initial draft. The
minutia of zoning is apparently still being worked out with the city’s
legal counsel, and planners say they will release a complete document
when that’s finished.
While
they did say the city would hold another public meeting when that
happens, it does mean the public won’t have as long to give input and
discuss that part of the proposal before the public comment period ends
in early October.
All
told, the process is eerily similar to the Fenway’s rezoning, a process
started in the name of consistency and convenience that wound up giving
hundreds of feet of height to developers over the objections of civic
groups and residents.
The
Fenway’s rezoning process was abruptly ended when former Councilor
Kenzie Bok left her seat, leaving many community benefits undefined. The
ultimate fate of the Downtown’s zoning remains to be seen.