Boston Zoning DEMYSTIFIED Cynthia M. Barr MCLE, Boston - October 28, 2014

Winter Street (MCLE – mid-block on right)

Boston Common (facing Winter Street)

Filene’s - Downtown Crossing Winter/Summer St. & Washington Avenue

Washington St. looking west from Winter St.

1962 Zoning 10 Winter Place & Vicinity

GEOGRAPHIC ZONING DISTRICTS Downtown, Harborpark, Neighborhoods

Midtown Cultural District (10 Winter Place)

Map 1Q - Fenway Neighborhood District (Showing Subdistricts and Overlay Districts)

Groundwater Conservation Overlay District (GCOD)

Map 1Q - Fenway Neighborhood District (Note PDA and IMP Overlays)

THE (WEST) END

COMMUNITY PARTICIPATION PROJECT REVIEW o LARGE PROJECT REVIEW (Art. 80, Part B) – BRA: formal public review o SMALL PROJECT REVIEW (Art. 80, Part E) – BRA: informal public review ZONING RELIEF o COMPREHENSIVE DEVELOPMENT PLANS – BRA & Zoning Commission Planned Development Areas (PDAs) (Art. 80, Part C) Institutional Master Plans (IMPs) (Art. 80, Part D) o BOARD OF APPEAL RELIEF – Board of Appeal Conditional Use Permits Variances ZONING ADOPTION & AMENDMENT – BRA & Zoning Commission

DEVELOPMENT REVIEW (Article 80) FOR PROJECTS Review Impacts o Large Project Review (Art. 80, Part B) o Small Project Review (Art. 80, Part E) FOR COMPREHENSIVE DEVELOPMENT PLANS Review Plan & Create Overlay District o Planned Development Area (PDA) Review (Art. 80, Part C) o Institutional Master Plan Review (Art. 80, Part D)

What You Need CITYWIDE ZONING (always) - Zoning Code vol. I DISTRICT ZONING (map & article). See: -For Neighborhood Districts: vol. III -For Downtown and Harborpark* Districts: vol. II *For East Boston waterfront – see East Boston Neighborhood District *For South Boston waterfront – see S. Boston Neighborhood, IPOD, and PDAs -For IPODs (and some other overlay districts): vol. I -For PDAs: PDA Development Plan (from BRA) -For Institutional Overlay Districts: the institution’s IMP (from BRA)

Finding What You Need in the Zoning Code Zoning text on BRA web site does not show volumes. See Boston Zoning: A Lawyer’s Handbook, exh. 4A, for Zoning Code contents arranged by volume. Volume I CITYWIDE ZONING (and zoning for certain overlay districts) Volume II DOWNTOWN DISTRICTS HARBORPARK DISTRICT* (*East Boston and South Boston waterfronts are included in their neighborhood districts.) Volume III NEIGHBORHOOD DISTRICTS

Volume I CITYWIDE ZONING DEFINITIONS & OTHER GENERAL PROVISIONS DEVELOPMENT REVIEW (Article 80) o Large Project Review o Small Project Review o Planned Development Area (PDA) Review o Institutional Master Plan (IMP) Review ADVISORY ZONING REVIEW o Boston Civic Design Commission (BCDC) o Demolition Delay SPECIAL USE & DIMENSIONAL REQUIREMENTS o e.g., accessibility, wind energy facilities, wireless communications equipment, urban agriculture, signs ZONING FOR CERTAIN OVERLAY DISTRICTS o IPOD regulations and district zoning from 1964 code o Some PDA regulations o Regulations for certain other overlay districts

Remaining Areas of Downtown IPOD (in light tan)

Waterfront Zoning What You Need 1. In the “Harborpark District” o Citywide zoning (vol. I) o Map & article for your waterfront of the Harborpark District (in vol. II) 2. In East Boston, Dorchester, South Boston o Citywide zoning (vol. I) o Map & article for your Neighborhood district (in vol. III) 3. In the South Boston Waterfront IPOD o Map 4 – South Boston o Citywide zoning (vol. I) – see South Boston Waterfront IPOD (Art. 27P)

South Boston (Map 4) - Waterfront Districts, Subdistricts, Overlay District

Boston Zoning Demystified PLACE MATTERS Location, Location, Location o districts - in the Neighborhoods, Downtown, and Harborpark o subdistricts o overlay districts PEOPLE MATTER Community Participation o project review (Large Project Review & Small Project Review) o comprehensive development plans (PDAs & IMPs) o Board of Appeal (conditional use permits, variances) o zoning amendments