May 1, 2002
Re: Chestnut Hill Waterworks Rezoning
To Mr. Donald Wiest, Boston Redevelopment Authority:
The Alliance of Boston Neighborhoods, a confederation of neighborhood associations in Boston, has been informed that the BRA intends to rezone the Chestnut Hill Waterworks site to allow private commercial and residential development. We understand that the zoning has been crafted to allow a specific level of development profit, considered necessary to redevelop and maintain the historic property. We also understand that there has been no build-out analysis of the development allowable under the proposed zoning, to show physical massing or environmental and traffic impacts.
The State's Executive Office of Environmental Affairs has recognized the critical importance of build-out analysis as part of planning and zoning, so that the public can understand the consequences of development decisions. Build-out studies for other municipalities have already been done, as tools for good comprehensive, long-term planning that achieves public policy goals while protecting environmental and historic resources. It would be a lost opportunity in this case for Boston to continue its practice of zoning to codify project proposals, without using the analytical tools provided by EOEA.
We are not writing to oppose the rezoning. We understand
that there is community support for some private
re-development of the Waterworks site, since the public
sector has declared itself incapable of maintaining this
historic legacy. The Alliance is only requesting that the
rezoning process be done in a rational way, and
produce a redevelopment plan whose impacts are understood
in advance.
There are many changes in Boston's development pattern that would be desirable; building more housing and accessory neighborhood commerce is one of them. However, as a general principle, it is more rational and equitable to achieve development goals through comprehensive planning and zoning, rather than to support projects by site-specific zoning. The Waterworks zoning also seems vulnerable to legal challenge as "spot zoning," or equally unlawful "contract zoning," which the courts recently have rejected (see attached article). These forms of zoning are used to create financial value, but do not provide predictability to developers, nor protection and stability to existing residents and businesses.
We urge the BRA to act responsibly on this issue, and to proactively undertake a disinterested, outcomes-based build-out study for the proposed zoning -- and for alternatives -- to be sure no irrevocable errors mar an irreplaceable public resource.
Thank you for considering our comments.
Daniel Cushing, President
Shirley Kressel, Vice President
Alliance of Boston Neighborhoods
cc:
Mayor Thomas Menino, City of Boston
Mark Maloney, Director, BRA
Rebecca Barnes, Chief Planner, BRA
Richard Shaklik, BRA
Ellen Lipsey, Boston Environment Department
Michael Kineavy, Office of Neighborhood Services
Robert Marr, Chairman, Boston Zoning Commission
Albert Rex, Boston Preservation Alliance
Bob Durand, Priscilla Geigis, EOEA
Senator Steven Tolman