In the News
Proposed Action Plan for Article 80 Modernization
October 2, 2024
Author
Matthew J. Kiefer
Of Counsel, Boston
mkiefer@goulstonstorrs.com+1 617 574 6597Related Expertise
After an 18-month study process, the Boston Planning Department has released an Action Plan proposing strategies to modernize Boston’s development review process: https://www.bostonplans.org/projects/improving-development-review-process-article-80#Action-Plan (https://www.bostonplans.org/projects/improving-development-review-process-article-80#Action-Plan . The Planning Department is accepting comments on the plan through November 20th.
Development review under Article 80 of the Boston Zoning Code, which identifies measures to address development impacts before major development projects can proceed, has been in place for nearly 30 years. During this time, its scope, duration, and unpredictability have increased markedly. As part of Mayor Wu’s broader goal to change how planning and development are conducted, she appointed a nine-member Steering Committee representing community organizations, project proponents, and consultants, under the direction of senior Planning Department staff and supported by a team of consultants, to study changes to make the process more manageable for all participants.
The study process included data mining of past development reviews, extensive public outreach, and review of the practices of peer cities. This led to three priority areas for reform:
- More effective community engagement;
- More consistent standards for mitigation and community benefits;
- And a more predictable and timely filing sequence.
Most notably, the Action Plan proposes to replace project-specific Impact Advisory Groups with neighborhood-wide Community Advisory Teams, to standardize mitigation in the areas of transportation and public realm improvements, and to create Portfolio Review Teams to coordinate the Planning Department’s review with other City departments and agencies.
Many details remain undetermined. Some proposed changes would require formal amendments to Article 80; others can be implemented through deployment and training of Planning Department staff. No changes are proposed to substantive areas of review, but once operationalized, proposed changes have the potential to transform the process of getting to “yes” on major development projects. The Planning Department is eager to receive comments from project proponents and other stakeholders before moving toward implementation. Directions for submitting comments can be foundhere (https://www.bostonplans.org/projects/improving-development-review-process-article-80#Action-Plan) .
Please contact Matthew Kiefer, who is a member of the Steering Committee, or a member of the Goulston & Storrs Development, Land Use & Zoning Group , for more information about Article 80 Modernization.
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