A residential tower soaring hundreds of feet above the Fenway’s standard zoning limits has passed city approval, but still needs the City Council to take action to exempt it from parkland regulations.
The proposed redevelopment of 2 Charlesgate West got approval from the board of the Boston Planning and Development Agency on July 18 despite opposition from the community in public meetings.
The almost 300-foot tower is still in violation of the city park and parkland ordinance, however, and is counting on a specific exemption from City Councilor Sharon Durkan to proceed.
Durkan
has supported the plan on the basis that it’s one of the only
developments offering desperately needed housing in the neighborhood and
has been working with the parks department to craft a cutout that tries
to avoid setting ordinance shredding precedent.
Still,
in a city where zoning laws are often less of a hard limit and more of a
speed bump, Fenway stakeholders worry the move could set a new de facto
norm of simply requiring a supportive councilor to ignore the parks
ordinance.
“I don’t
know how you’d avoid setting precedent. There’s nothing that keeps
anyone else from doing the same thing,” said Fredericka Veikley,
co-chair of the Fenway Civic Association’s open space committee.
“Setting a precedent for a 30-story building that’s far in excess of
what the ordinance is meant to do. That doesn’t bode well for the future
of this city and its unbuilt space. It’s a big deal.”
“I'm
not a lawyer, so I can't say all the ways that the interpretation of
these things can change over time. It is something we always have to be
vigilant about,” said Karen Mauney-Brodek, president of the Emerald
Necklace Conservancy. “The Emerald Necklace is an amazing resource, but
there's always a tremendous desire to develop housing and other things
around public spaces like parks.”
Mauney-Brodek
said the Conservancy still has “significant concerns” about the impact
the project would have on neighboring parkland, even after developers
performed studies they say show the effect will be negligible.
She
did note, however, that the parks ordinance is in many places very
limited and often only covers parcels directly adjacent to parkland. A
similarly controversial project in Longwood last year supposedly
allocated funding to develop a dedicated shadow ordinance, but that
legislation is yet to materialize.
“The
city’s approval for the Longwood redevelopment project provided $1
million to develop rules and guidelines for protecting parks from
shadow, and to find a way to balance development and parks. Those have
not come forth,” said Mauney-Brodek. “We're now in a situation where the
protections that we need just don't exist, or aren't being enforced
where they do.”
Durkan’s
office declined to share the actual language of the parks ordinance
amendment they will propose. That will become public on August 5, ahead
of its formal submission at the next City Council meeting on August 7.
In
a July 18 letter to the BPDA board, Councilor Durkan said her amendment
would aim to “set a high threshold for exceptions to ordinances,” and
noted that if she hadn’t agreed to amend the ordinance the developer had
planned to make a more radical departure from zoning norms by splitting
the parcel in half.
“This
project puts us face-to-face with a critical dilemma. How do we
accommodate the needed growth in our housing stock when open space
requirements can’t be fulfilled and might be diminished? There’s no easy
solution, but I believe that thoughtful design, the proponent’s ongoing
commitment to funding maintenance of surrounding parks, and finally my
commitment to amend the ordinance strikes an uneasy but successful
balance to the fraught question of our city’s sustainable growth in the
coming decades,” she said.