We Need a New Zoning Board of Appeal

Open Letter to Mayor Wu from WalkUP Roslindale

WalkUP Roslindale calls on Mayor Michelle Wu to appoint new members to the City of Boston Zoning Board of Appeal.

The Zoning Board of Appeal (ZBA) membership is fundamentally opposed to the Mayor’s climate, transit, and housing justice agenda. In the past few months, the ZBA has rejected multiple new 4-story residential buildings proposed on Washington Street in or near Roslindale Square. This area has many existing 4-story buildings, is served by almost a dozen bus routes with dedicated rush hour lanes, and is less than a mile from the Forest Hills MBTA Station. In these rejections, ZBA members primarily insisted on additional car parking over more affordable units or improved commercial spaces for local businesses. These sorts of ZBA decisions are crippling the mayor’s stated agenda to incentivize developers to build affordable, mixed-use, transit-friendly projects in our neighborhood and across the city of Boston.

Forcing developers to dedicate more space to car storage exacerbates the housing crisis, makes new housing more expensive, and harms our community. Insisting on excessive off-street parking in new developments already well served by transit reduces the total possible number of housing units and particularly the number of income-restricted units built. In the most egregious recent example, we saw the ZBA reject a development at 4198 Washington Street which far exceeded the City’s mandated goals for income-restricted housing on site and would have provided new spaces to multiple small businesses owned by Asian-American proprietors. ZBA members wanted parking to replace both housing and commercial space on site. We have seen similar reasoning in other recent denials by the ZBA in Roslindale including, but not limited to, proposals at 4164 Washington Street and just last week at 4025 Washington Street. Some ZBA members demanded more parking on site and rejected the projects as too dense, an implausible assertion in a corridor full of similar three and four-story buildings.

These ZBA decisions are harming Roslindale, a neighborhood in desperate need of new housing. As active residents of this community, we have watched as housing prices and rents have continued to skyrocket in our neighborhood and across the city. We have participated in community processes for each of these proposed developments, attended meetings, submitted comment letters, and testified in support. These proposals have garnered strong support from the Boston Planning and Development Agency, local elected officials, and organizations. Nevertheless, all this work comes to a crashing halt once these proposals reach the ZBA. The ZBA is acting outside its scope, enforcing its own self-made transportation policy prioritizing vehicles over people, and at times seemingly acting with the individual interests of some members in mind. To that last point, we note that the ZBA chairwoman lives in Roslindale and has repeatedly voiced opposition to projects in Roslindale Square that, in her opinion, may adversely affect parking for unspecified members of the community. At this point, we cannot help but question these decisions and at times the motivations behind them.

The current decision-making process in this city for most development proposals is untenable. Rejection of such urgently needed mixed-use developments elevates the needs of cars above the needs of Boston’s residents — a 20th century view of development and the city that is out of step with the needs of today. By forcing developers to go back to the drawing board to add more parking to projects, we are sending the message that cars, and their associated human health, environmental, and social problems, still dominate over many more critical human priorities, most notably housing for people.

Mayor Wu has the power to appoint new members to the ZBA immediately, subject to City Council confirmation. Eleven of the thirteen members, including the chairwoman, are holdover appointments on expired terms from the prior mayoral administrations. While we understand the city has many pressing needs, surely the creation of new, transit-friendly housing must be high on that list. To that end, we call on Mayor Wu to nominate a new slate of ZBA members to the City Council who take a more holistic view of the city, understand its changing needs, and do not prioritize vehicle storage over homes for people.

Our current zoning regimen is fundamentally at odds with the needs of our city and neighborhood. The overly restrictive zoning effectively forces everything through a zoning relief process that is tilted toward preserving the status quo at a moment in time when the status quo desperately needs to be changed, especially as it relates to our relationship with individual motor vehicle use and ownership. Meanwhile, the cost of housing continues to skyrocket. We not only need a new ZBA, we need new zoning rules that facilitate by right the development of new, transit-friendly, and more affordable housing. We know and respect that the Mayor and city are undertaking a review of development processes and seeking a new Director of Planning for the city. While we support those efforts, we firmly believe a change in the makeup of the ZBA cannot wait for these processes to finish. Mayor Wu needs to act now to appoint new ZBA members who support her housing agenda and that of the voters who handed her a strong mandate to change the status quo in Boston.

WalkUP Roslindale Board of Directors

About WalkUP Roslindale:

WalkUP Roslindale, which takes its name from the international movement to foster “Walkable Urban Places,” is a collaborative group of Roslindale residents and business owners dedicated to making Roslindale the most walkable neighborhood in Boston. We advocate for a dynamic, livable streetscape and we support positive changes to our public and private built environment that strengthen walkability and other forms of active mobility as means toward better personal and public health, safety, social capital, economic development, and environmental sustainability. We are led by our board of directors and have over five hundred additional supporters. More information about WalkUP Roslindale and our initiatives can be found at walkuproslindale.org.

WalkUP Roslindale now supports 874-878 South Street, Up for Hearing at Zoning Board of Appeal Today (10/31/17)

Revised 874-878 South Street Rendering
Revised 874-878 South Street Rendering

Back in late August, WalkUP Roslindale reluctantly withheld its support for a proposed project at 874-878 South Street. Although we believe additional housing supply is badly needed around Boston and in Roslindale in particularly–one of our seven founding principles is to support mixed housing that promotes walkability–we are not an uncritical “YIMBY” group that will necessarily say “yes” to any development whatsoever, no matter its defects. The original design proposed for this development was sorely lacking, and we offered what we hoped would be constructive feedback to make this development a more positive contribution to the neighborhood.

Fortunately, the developer took several of our comments to heart and has now proposed a revised design which, while not perfect, is much improved. In view of these improvements, WalkUP now supports the proposed project’s request for zoning relief, which will be heard today, October 31, 2017, at 9:30am at City Hall, Room 801. You can read the developer’s response to our letter and see the revised design here.

Our detailed comments below, also available as a PDF letter.

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WalkUP Roslindale Comment Letter on 874-878 South Street Residential Project

Architectural rendering of proposed 874-878 South Street development (right side)
Architectural rendering of proposed 874-878 South Street development (right side)

This week we sent a comment letter on a proposed residential project at 874-878 South Street, located at the “corner of South Street and South Street”–across from Green T Coffee Shop and adjacent the Hong Kong 888 Cafe, where South Street becomes Walter Street and turns into South Street. We’ve covered this development before in this space, going back at least as far as our first round of feedback back in July 2015, and the latest plans were circulated at an abutter meeting in March. We are typically aligned with “YIMBY” groups and inclined to support residential development, because density both promotes walkability and creates more desperately needing housing opportunities.

Our eagerness to support development is neither unlimited nor uncritical, however. In the case of this project, WalkUP is withholding support for the zoning relief requested by the developer based on a design that is sorely lacking. We are likely to get only one crack at each of these new buildings in our lifetimes, so it behooves us to get it right. We are hopeful that the developer will take our constructive criticism to heart and improve the proposed designed before its zoning appeal hearing, which is likely to be scheduled in October. We’ll post updates here as we get them, either on the design or the hearing date. In the meantime, our full comments are below and also available as the PDF letter as submitted to the Board of Appeal.

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Trivializing headline and narrative, but read the article – Somerville should be a model for Boston once ImagineBoston 2030’s work is done

Somerville eyes zoning code to match its hip reputation

It’s turning out to be a long process, but what Somerville is proposing and will likely soon adopt is truly nothing less than a radical reform of the rules governing buildings and their uses. And our city should follow suit as soon as ImagineBoston 2030‘s work is done and we are ready to embark on the hard work that will be required to recast our zoning code in a way that fits the city we actually have and love already and the ways in which we want to make it better. I’ve personally blogged here about the fundamental mismatch between even our neighborhood’s relatively new zoning article and the real thing as it exists on the ground. But the graphic in the middle of the article that shows that there are exactly 22 out of Somerville’s almost 12,000 residential lots that are fully conforming to their current zoning code is mind-blowing.

Think about that for a minute — almost the entire urban fabric of Somerville’s existing residential neighborhoods is outlawed.

I very strongly suspect that the results would be almost identical in our neighborhood and you couldn’t build Roslindale or any neighborhood in Boston as it exists today by following the letter of the zoning that is currently in place. Speaking for myself, I love where I live and want the regulations that govern buildings and uses in my neighborhood to reflect a due respect for what we collectively have by making it the rule instead of the exception.

Dante Ramos hit the nail on the head here

It’s been a crazy week, but I am glad to have a few minutes to commend to WalkUP Rozzie Nation a rather perceptive opinion piece by Dante Ramos in last Sunday’s Globe. In “Give Boston better zoning – just not yet,” Dante works in a St. Augustine reference while describing the interesting extended transition period that we are now seeing as far as regulation of development goes around here. My top two money quotes:

First, as to the widespread nature of the disconnect between the city we’ve been zoned for and the one we actually have:

From West Roxbury to the harbor, in reasonable cases and in potentially problematic ones, developers are seeking relief from land-use rules and other limits. Existing zoning in Boston was designed to be restrictive — partly out of fears of new development and partly to give the city leverage over builders — but the current rules haven’t always kept up with the times.

And second, how we find a way forward while new, better regulations are formulated in the midst of a massive building boom generated, for the first time in decades, not just by a kind of real estate musical chairs but by real population growth:

Until the city has more workable land-use rules, it needs a clearer, more explicit theory to justify the exceptions that it grants. Personally, I’d argue that, in deciding how much leeway to grant developers, the city should be dovish on height and density, assiduous about promoting attractive design and climate-change readiness, and hawkish about lively street life, retail diversity, and the public realm. (That’s especially true in the Seaport — where there are lots of sit-down restaurants but almost nowhere to buy a pack of gum or a pair of jeans.)

I think I like Dante’s formulation (and he’s right about the Seaport), but with the major caveat that I think the de facto development policy is to be found in Housing a Changing City, the housing forecast that the city’s Department of Neighborhood Development released in the fall of 2014. In that report, it was made abundantly clear that housing production had to speed up – a lot – if the city was to build the 53,000 new units by 2030 needed to keep some kind of pace with the rather new phenomenon of significant population growth in Boston. I think it’s accurate to say that the Walsh Administration has taken that imperative very seriously and has acted on it and will be acting on it for some time to come.

Taft Hill Project Approved by Zoning Board of Appeal

20 Taft Hill Rendering
20 Taft Hill Rendering
We’ve discussed the proposed Taft Hill development several times here and we support the project. This afternoon, the proposal, which requires numerous zoning variances (among others, the project provides 1.0 rather than the required 2.0 parking spaces per unit), was heard by the Boston Zoning Board of Appeal and unanimously approved. Several WalkUP Roslindale members spoke in favor of the project, as did representatives from the offices of the Mayor, City Councillor Michelle Wu, and City Councillor Tim McCarthy. No one at the hearing opposed the project. We expect the developer to break ground this spring.

Thinking about the proposed project at 100 Weld and Boston’s inclusionary development policy

The former Weld American gas/service station at the corner of Weld and Centre may be zoned within the West Roxbury Neighborhood District, but by virtually any other known geographic listing it’s in Roslindale. After a prior redevelopment proposal failed a few years ago, it looks like the current proposal – now dubbed “100 Weld” and including 17 condominium units and a Centre Street-facing exercise/office space for residents with 26 accessory off-street parking spaces – is going to thread the needle and be that rare exception to the general rule that nothing worth doing is ever done under the Boston Zoning Code without needing zoning relief (i.e., either variances or, at the very least, a conditional use permit). This is not to say that the proposed development program and design don’t leave a few things to be desired — they do, and WalkUP Roslindale intends to submit a written comment letter about them to the BRA by the September 10 deadline. Among other things, I predict we’ll focus on the missed opportunity for retail to encourage vitality at this location, the need for well-designed and landscaped frontages on Weld and Centre, how the time has ever more obviously come to have a real discussion about the impact that required off-street parking has on the cost and shape of new development, and how this intersection and the mixed residential/commercial node here could use streetscape/motorway improvements beyond just at this project’s front door onto Centre. Overall, though, the project deserves to go forward. The neighborhhood has lived with this vacant parcel long enough.

Another issue that this project raises is the fundamental inadequacy of the city’s inclusionary development policy (IDP). This is the policy adopted over a decade ago by mayoral executive order under which the city requires residential projects of 10 units or more that require zoning relief (variances or conditional use permit) to set aside a number of units equal to 15% of the market rate units for households earning within a set series of ranges related to area median income, depending on whether a particular project is rental or homeownership, with a buyout option. I’ve italicized “that require zoning relief” because that’s where the rub comes on 100 Weld and where the city is going to need to figure out a new way forward. 100 Weld had a couple of pre-filing meetings in the spring at which alternative schemes were presented for a few more units that would have required variances and thus a few affordable units. Whatever the reason, the developer has elected to reduce the number of units and thus has come forward with a scheme that can be done as-of-right, with no zoning relief. As a result, the project no longer triggers the IDP and so there will be no affordable units in this project.

Going forward, there clearly seems to be a need to rethink the IDP and potentially make it apply to all projects with a minimum number of residential units, regardless of whether they require zoning relief. One would fully expect this to be part of the ImagineBoston process. But the pace of the current boom argues for putting in an interim policy that plugs this gap, especially if the city’s ultimate intent with the planning process is to right-size our zoning code for the task ahead of us and make a much greater share of worthwhile projects able to proceed without zoning relief. To be continued.