Development Process
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3. Boston’s Development Process Research Bureau, A City in Transition: Development Process 122 Boston’s Development Process As a City that relies on the property tax for two- conferred on the Boston Housing Authority thirds of its operating revenue and depends on and the function of the Boston Planning its property tax revenue to increase by more Board. In 1993, the BRA administratively than 2.5% each year to fund its operating merged with the Economic Development and budget growth, Boston requires a steady flow of Industrial Corporation of the City of Boston, new development to maintain its fiscal health, which was created in 1971 under Chapter balance its budget, provide basic services and 121C to implement local economic finance any new initiatives. New business development plans and projects. development, especially for commercial Consequently, the BRA has become the agency development in the high-value urban core and responsible for most of the City’s planning, now the Seaport District, is most beneficial to zoning, and economic development. the City in terms of revenue generation. Business properties also impose less of a cost As the City’s planning agency, the BRA is burden on their requirements for city services, responsible for the City’s ongoing thus providing a cross-subsidy to the comprehensive rezoning effort. BRA staff neighborhoods of the City. members conduct special planning studies and solicit community involvement. Following this, Boston’s approach to development, along with the BRA Board may petition the Boston disciplined financial management, plays a Zoning Commission to adopt new critical role in maintaining the City’s fiscal neighborhood zoning districts, special overlay health as the demands on city services increase districts or other zoning amendments. and unfunded liabilities are addressed. Important to development success in Boston The BRA also reviews large and complex are policies regarding the operation of the development projects. Under Article 80 of the Boston Redevelopment Authority (BRA) and Boston Zoning Code, the BRA is responsible refinements to the City’s Zoning Code. These for comprehensive review of all development policies, which include real estate tax projects over 20,000 square feet or containing incentives, development exactions, and 15 or more units. The BRA conducts design, mitigation review, have and will continue to impact, and zoning review; coordinates the affect the growth of new development projects public comment and review processes; and in Boston. This section provides an overview enters into Cooperation, Affordable Housing, of the development process, including the and other regulatory agreements with history and authority of the BRA, Zoning developers. Finally, the BRA makes Process, key policies of the City and the role of recommendations to the Boston Board of city Departments and Commissions in the Appeal, which issues conditional use permits, development process. variances, and other zoning relief. The Boston Redevelopment Authority Finally, as the City’s urban renewal and economic development authority, the BRA is The Boston Redevelopment Authority (BRA) responsible for guiding real estate and business was created in 1957 to oversee urban renewal development throughout the City. This projects in Boston (M.G.L. c. 121 §26QQ). In function is achieved in a number of ways. The 1960, the BRA’s responsibilities grew to BRA guides development through its urban include the redevelopment powers formerly renewal powers granted under M.G.L. Chapters 121A and 121B. Chapter 121A may Research Bureau, A City in Transition: Development Process 123 provide tax incentives for redevelopment of Elements of the Flynn Administration’s substandard areas by private developers. Comprehensive Rezoning Plan Similarly, Chapter 121B grants the BRA power 1) Rezoning the entire City to administer urban renewal plans and develop 2) Increasing citizen participation in planning properties throughout the City (MGL c. 121B, and development §§46–48). Further, Section 46(f) of Chapter 3) Tougher downtown development 121B grants the BRA authority to exercise restrictions urban renewal authority independent of an urban renewal plan or project. urban renewal 4) The creation of targeted development areas powers also enable the BRA to facilitate 5) Expansion of the linkage program relating development through eminent domain and development to housing and job production land disposition. 6) Incentives for housing production 7) Measures to preserve and improve open The Boston Zoning Code space 8) Preservation of about 255 buildings In 1956, the Massachusetts legislature passed 9) Improvement of the City’s transportation the Zoning Enabling Act in an effort to attract facilities. new development and capital investment in the City and keep pace with changing metropolitan growth trends (Chapter 665 of work forces and a demand for housing the Acts of 1956). The Enabling Act gives the development downtown. Boston Zoning Commission authority to adopt and amend zoning regulations for the The widespread boom in housing and City of Boston. The Zoning Commission commercial development created concerns comprises 11 members, appointed by the about its impact to Boston’s neighborhoods, Mayor and nominated by specified historic resources and public space and as to organizations representing architects, builders, whether the 1964 Zoning Code was too labor unions and residential neighborhood outdated to deal with these impacts. In organizations. In 1963, the Zoning response to these concerns, in June 1985, the Commission adopted the collection of zoning Flynn Administration announced a regulations now known as the Boston Zoning comprehensive growth management plan to Code. regulate new development. Among other initiatives, the plan called for a rezoning of the At the time of the enactment of the Zoning entire City and expansion of citizen Code in 1963, the City’s economy was largely participation in the development process. manufacturing and saw little demand for Shortly thereafter, the Boston Redevelopment development or expansion. By the mid 1980s, Authority and the Zoning Commission began however, the City had experienced a boom in a comprehensive rezoning effort. the commercial, service, technology, medical and academic sectors. This increase led to real From the mid-1980s through present day, estate development of institutional and sections of the City have been rezoned with commercial spaces, particularly in the district-specific zoning regulations. These downtown core of the Financial District and districts are often further amended in response Back Bay. The growth of these industries, and to planning initiatives or to drive the decline of the manufacturing base, led to development. an influx of professionals and high technology Research Bureau, A City in Transition: Development Process 124 Comprehensive Rezoning Since the mid- Interim Planning Overlay Districts 1980s, the BRA and the Zoning Commission (IPODs) have been engaged in an effort to rezone the City’s neighborhoods. As part of the rezoning To prevent harmful development from oc- effort, the BRA and Zoning Commission create curring during the rezoning process, the customized zoning articles and amendments to BRA and Zoning Commission create inter- reflect and preserve the character of Boston’s im planning overlay districts (IPODs). many neighborhood and geographical areas. IPODs control zoning until the rezoning The current Boston Zoning Code contains both process is complete. They protect neigh- the new provisions adopted in the rezoning borhoods from inappropriate development process and the earlier portions of the Zoning during the planning process and until per- Code affecting areas that have not yet been manent zoning regulations can be pre- rezoned, known as the “base code”. pared and adopted. IPODs require that all new development meeting specific thresh- New district regulations have been adopted for olds, obtain an IPOD permit from the Zon- the City’s downtown and waterfront areas and ing Board of Appeal in order to conform for most of the neighborhoods. Planning is with the standards, and provisions of the underway or anticipated for rezoning the IPOD. IPODs are generally in effect for 36 remaining neighborhoods. Since 1989, and as months or until the adoption of new zoning of the time of this writing, approximately 90% regulations. However, the Downtown Bos- of the land area of the City has been rezoned. ton IPOD has been extended by the Zoning Commission since its enactment in 1987. The rezoning process takes approximately four years per district. A planning representative from the BRA is assigned a neighborhood or Appendix E lists all of the Downtown and area undergoing rezoning, who then meets with Neighborhood districts with dates of approval. the local neighborhood group and makes recommendations about zoning and mapping Strategic Planning The BRA also conducts to the BRA Board. The Board then reviews the planning initiatives, which often lead to zoning recommendation and, if approved, submits changes in specific areas within a district. To them to the Zoning Commission. The Zoning institute a planning initiative, the Mayor or Commission then holds public hearing to make BRA identifies an area that is poised for a final decision. growth. The BRA planning staff, with community involvement, then formulate Each new district is recorded as a separate principles and strategies regarding land use, article in the Zoning Code. Volume II (Articles