The mitigation of development impacts has been a part of the Boston Zoning Code for decades. Article 80, like its predecessor Article 31, requires the identification and mitigation of impacts of large-scale development as part of the public approval process. As large-scale development occurs in neighborhoods throughout the City, the determination of direct impact as opposed to indirect impact is more difficult. In October 2000, following a six-month public discussion of the concept, Mayor Menino outlined the IAG process in An Order Relative to the Provision of Mitigation by Development Projects in Boston. The Mayor further amended the process in April 2001 in in order to increase the representation of local elected officials An Order Further Regulating the Provision of Mitigation by Development Projects in Boston. These orders, adopted by the BRA Board, create a comprehensive framework to clarify the role of the BRA, the City, the developer, and the community in the determination and mitigation of the impacts of development.
The BRA’s policy on mitigation identifies two primary areas of effect for development: environmental and social. Environmental impacts include the physical effect of a structure and its occupants on the surrounding area. In the case of a large development project, characteristics including use, height, noise, design, and traffic generation may cause environmental impacts. Positive environmental impacts include maintaining or repairing the urban fabric, improvement of the streetwall, and aesthetic enhancement to the streetscape and skyline. Social impacts are the non-physical effects of a development project on the surrounding area, including increased land values, development pressures, higher costs of living, and the opportunity cost of lost places for public utilization. Positive social impacts may include the creation of jobs, provision of affordable or market-rate housing, contribution of public meeting space, and the generation of economic activity.
Mitigation must be appropriate to the expected impacts. Mitigation of environmental impacts might include set-backs and cornices to lessen the impact of height, changes in massing to limit shadows, re-siting of access points and mechanicals to limit noise, use of new materials and treatments to improve design, and signalization of intersections or expansion of subway access to improve transportation. Mitigation of social impacts, which often can not be achieved directly, includez the contribution of community and public benefits such as provision of open space, parks, daycare facilities, affordable housing, accommodations for the elderly, assistance for libraries and educational institutions, support for cultural and youth opportunities, and programs to promote the health and welfare of residents.
In all cases, mitigation efforts should be enhancements, projects, or programs implemented by the developer. In cases where the development entity is unable to complete certain mitigation requirements due to organizational limitations or structural incapability, financial contributions may be acceptable. All financial contributions will be held in escrow by the BRA for distribution to appropriate social programs and community initiatives. The receipt of any financial contribution must be approved by the BRA’s Director.
Any residential project created or supported by mitigation efforts will be subject to fair housing regulations and fair marketing procedures.
The IAG advises the BRA on impact and mitigation. IAGs offer BRA staff the chance to work closely with diverse members of the community to understand local concerns, needs, and opportunities. IAG members, up to fifteen in all, should be active neighborhood residents, business representatives, or members of social service or community organizations. IAG members are invited to take part in the public agency scoping sessions called for in Article 80 of the Boston Zoning Code. The IAG is also encouraged to take part in community meetings that allow for public review and discussion of proposed projects. IAG members are offered the opportunity to review for comment major submissions by a project proponent as well as the Cooperation Agreement between the developer and the BRA prior to its adoption by the BRA.
IAGs are an important ingredient of the BRA’s citizen participation program. The BRA encourages public input and involvement at every stage – formal and informal – of the development review process. While the BRA is responsible under state law and local ordinance for official review and approval of proposed projects in Boston, the ideas and concerns of the community are essential components of this evaluation. IAGs do not replace the role of the greater community in the development review process. The IAG is an overlay to the existing process that allows for greater understanding by the BRA of local concerns and greater public insight into the thinking of the BRA and other public agencies involved in the development review process.
The BRA’s policy on mitigation sets out a process whereby the determination of mitigation for all projects subject to Large Project Review is framed more clearly within Article 80 of the Boston Zoning Code.
The policy requires that, early in the process of project development, developers submit to the BRA a Letter of Intent which details the type, size, location, general description, and potential zoning relief of the proposed project. Upon receipt of a Letter of Intent, a project manager will be assigned to work with the developer and the community in the review of the project. If an IAG is appropriate for the project, the project manager will also work with the Mayor, local elected officials, and others to form the IAG.
The IAG may contain up to fifteen (15) members, two (2) nominated by the state senator, state representative, and district city councilor, and the remainder by appointment of the Mayor on the recommendation of residents, businesses, and community organizations as well as at-large city councilors.
BRA staff will invite IAG members to an introductory session to familiarize IAG members with the BRA, the Article 80 development review process, and the project.
IAG members will also be invited to attend the public agency scoping session – a meeting at City Hall at which the developer will present the project and representatives of the City of Boston’s public agencies (e.g., BRA, Boston Transportation Department, Boston Environment Department, Boston Landmarks Commission, Boston Parks & Recreation Department, Boston Public Works Department) will ask questions and make recommendations. At the public agency scoping session, the project manager may invite IAG members to comment on expected impacts and propose appropriate mitigation. These comments may be made orally or submitted in writing.
IAG members will also be invited to attend any public meetings held either at City Hall or in the community. At the public meetings, the project manager may invite IAG members to comment on the discussions of the IAG.
At the end of the Article 80 review process, IAG members will receive a copy of the draft Cooperation Agreement, outlining the project and any and all mitigation measures. IAG members will have fifteen (15) days to review the draft Cooperation and submit comments to the BRA for consideration.