BPDA Passes Controversial Plan To Allow Taller Buildings Downtown

A new planning guide to allow taller buildings in some of the densest parts of Boston has received a key approval after tensions arose over the neighborhood's future. 

The Boston Planning & Development Agency board voted Thursday evening in favor of the city's Plan: Downtown guide, which rezones historic parts of the city and allows residential skyscrapers up to 700 feet in certain parts of downtown. The board voted 4-1 in favor of the proposal, which must now go to the zoning commission for a public hearing. 

The planning guide's approval comes after years of back and forth between the city and residents about how to zone and redevelop the city's central business district. It has generated strong opposition due to the taller building heights, but its backers say it is necessary to spur more residential development and generate more economic activity for businesses downtown. 

"These amendments support new opportunities for growth, investment and housing downtown at every scale," Plan: Downtown Project Manager Andrew Nahmias said during Thursday's meeting. "We are building a downtown that is more vibrant, livable and inclusive for generations to come."

The new plan would allow for buildings up to 700 feet in parts of downtown as long as they are “predominantly” residential. Other uses, including office, would be limited to 200 feet.

Nahmias said the plan also takes historic preservation and shadow laws — in place to protect public spaces like Boston Common from excess shading due to tall buildings — into consideration.

The plan identifies two new districts: Sky-Low-DT and Sky. The former prioritizes preservation of existing, historic structures and has greater height restrictions. The latter prioritizes bigger, mixed-use projects near major transit hubs and has fewer height restrictions.

Though the BPDA didn't hold a public hearing on the plan, several city council members and representatives gave testimony, with the majority in opposition to the plan.

Their concerns centered around the larger development allowed on Washington Street, the city's shadow laws and how taller buildings would impact nearby public areas like the Boston Common and Public Garden. They also said it felt like the community input on this plan went largely unheard.

"Residents have raised valid concerns about shadows, and they want assurances that the areas where height does not belong are not swept into the plan," City Councilor Erin Murphy said. "That is not an unreasonable ask, and it deserves real attention before moving forward."

Boston Planning Board Member Ted Landsmark, the sole member to vote against the plan, raised concerns about moving forward with it, given the intense pushback from residents and city councilors.

"I know we're working in a difficult and complex time for development — financially and otherwise — and yet, I'm taken by some of the responses that we've heard that suggest that there may still be areas of refinement that could be addressed in a short time period to make the overall plan more acceptable to the communities that could be impacted," Landsmark said.

The plan's project managers pushed back on this, discussing the urgency of new planning considerations for downtown, which hasn't fully recovered from the pandemic.

Planning Department Deputy Director of Zoning Kathleen Onufer said smaller projects have long faced high barriers to entry due to the neighborhood's old zoning laws.

"We do feel a lot of urgency around particularly what this means for small businesses and for those office-to-residential conversions that we see are really timely and overdue," Onufer said.

Not all developers are jumping for joy at the allowance for taller buildings. Onufer said that the development community was on the fence about the proposal, especially office developers looking to build larger commercial projects.

"It does provide really clear expectations for what we want downtown, right?" She said. "It sends a very clear message that we want you to come to us with residential proposals. Some of them are concerned about that."

City Councilor Sharon Durkan, who supported the plan, said it is important to spur housing production and help revitalize the downtown area.

"Our city is facing challenges, vacant offices, struggling small businesses and declining foot traffic that affects safety and vitality. This plan helps us address those issues head on," Durkan said. "Nothing is perfect, but this plan strikes a balance between much-needed housing and investment while preserving the scale of our historic districts and integrity of our parks."

Durkan said she wouldn't support any projects to be exempt from this plan in the way the Winthrop Center was allowed to be built in 2017. The 690-foot-tall building, the tallest in Downtown Crossing, received an exemption to the city's shadow law from the governor.

"Zoning needs to reflect the reality of on the ground, and restricting the usage of and size of parcels will drive investment away," Durkan said. "We need to be nimble for the market. This plan, therefore, is not about zoning or height. It is about ensuring that Boston's financial stability is there."