Boston’s groundwater zoning rules are set to be substantially streamlined for some projects, reducing bureaucratic wait times by months for internal renovations.
City officials revealed the proposal on August 19 in a public meeting organized in collaboration with the Boston Groundwater Trust (BGT). If the changes get approval, a process that will take several months, they would remove the groundwater zoning district’s largest friction point with development in Boston without significantly impacting water levels.
The Groundwater Conservation Overlay District (GCOD) is a zoning area covering much of the Fenway, Back Bay, South End and Downtown. Construction in the area must include the addition of rainwater capture infrastructure to bolster groundwater levels and preserve the wooden pylons that support buildings on the city’s extensive infilled terrain.
While GCOD is beneficial for the city’s infrastructure, the Trust’s Executive Director Christian Simonelli told The Boston Guardian that its current implementation has generated plenty of complaints over the years around indoor renovations.
Most
projects in the district, including any substantial rehabilitations or
renovations affecting 50% or more of the property’s current value, must
be reviewed by the BGT and the Boston Water and Sewer Department before
getting approval from the Zoning Board of Appeals (ZBA), which can take
months.
“Over the
years, yeah, people have said, ‘Yeesh, all I’m doing is some work on the
inside, how come I have to get in this queue where it’s going to take
me like six months to get my building permit?’” Simonelli said. “We’ve
heard those cases, and the GCOD zoning has been established now for 20
years. Over time we’ve looked at the process, and when Inspectional
Services approached us about changes we said, ‘Let’s put this on your
radar.’”
Jack
Halverson, the planning official overseeing the project, said in the
meeting that the ZBA has seen roughly 120 GCOD cases since 2022.
Forty-seven of them needed no other zoning variances from the ZBA, and
the “vast majority” of those only triggered GCOD because of that
substantial rehabilitation threshold.
Reducing
the complexity of Boston’s zoning code has been a prominent goal of
Mayor Michelle Wu’s administration, running in parallel to her Article
80 reforms that passed the Zoning Commission in early August. The
Inspectional Services Department approached the BGT roughly a year ago
as part of the downsizing effort, targeting unnecessary bureaucracy and
duplicate language.
Planners
have settled on exempting those indoor renovation projects from
requiring ZBA approval, potentially saving months of waiting for
projects that couldn’t even impact groundwater levels anyway.
Other requirements would remain in place, including review of the project by the BGT and city departments.
While
August 19 was the last public meeting dedicated to the proposal, it
will also be up for BPDA Board approval September 18 and Zoning
Commission approval October 15. Members of the public looking to submit
comment can do it at those times or by getting in touch with Halverson.
Public
response at the August meeting was small and positive, with no members
of the public or political representatives voicing any objection. With
the administrative update sailing smoothly, Boston’s groundwater
community is free to focus on fortifying the city against increasingly
unpredictable weather. “We’re in a bit of a drought period right now and
could certainly use some rain,” Simonelli said. “...It really does seem
like every year we’re seeing these big swings month by month. We had
over eight inches of rain in May, typically we have four. Then you look
at June which typically has four and we had an inch and a half. One
month you have a deluge and the next you’re well below your average.”