Picky, picky, picky

“Design review” is tantamount to putting all residential properties into an historic conservation district, preserving as many “historic” architectural features and details as possible. The Boston Zoning Code describes the standards that will apply because both Roslindale and Roxbury already have “design review.” The standards are broad and not precisely defined, leaving ample room for interpretation. Projects must “reflect and complement the patterns of height, siting, and architectural character of the surrounding residential structures.” “The removal or alteration of any historic architectural feature is discouraged.” “Design features of a proposed project should take into consideration any special characteristics of the site and its location, and should enhance and reinforce any historic qualities of existing structures.” There are 15 such standards under the “design review” section of the code.

“Design review” was considered in Jamaica Plain and residents came out in large numbers, objecting to it as “arbitrary, unnecessary, intrusive, detrimental to property values and lacking in transparency and accountability.”

High cost

One thing is certain. The cost of any major home addition or renovation would go up dramatically. Not only are all the required design features very expensive to construct, but the review process itself is admittedly “complicated” and could easily require repeated rounds of plans drafted by high-cost architects. Even a lawyer will be necessary to battle all the terminology that will be thrown around.

Mischief from neighbors

Besides being more costly, projects will also be delayed because the required notice will give everyone a say in every affected project. The BRA must give notice to all an owner’s abutters, to the local neighborhood council, to the mayor’s office of neighborhood services and to the local district city councilor.

“Design review” will also be used as a tool to stop projects for reasons other than just good design. Neighbors may think there will be too many bedrooms, or do not want an addition at all to a property, or do not want an older building torn down, or any other aspect they do not like. The “design review” standards are so vague and general that they can be used to enforce the neighbors’ silent objection, resulting in arbitrary, capricious, and unequal treatment of property owners. There are no stated basic rights that owners have that cannot be undone by claiming a violation of one of the “design review” standards.

Repeated review

The rules give the BRA a time limit of 45 days in which to complete its review. If the plan is not acceptable, however, the owner must go back to the architect to have the plans redrawn. Once these new plans are submitted, the 45-day limit starts ticking again. There is no limit on how many times this repeated review can happen.

“It’s a give-and-take process,” says Richard Shaklik, deputy director for zoning at the BRA. “There’s dialogue and discussion and 99% of the time agreement is reached. People in the city are aware of aspects of good design. Most people agree on what is good design.”

It’s clear that each owner will be subjected to heavy public pressure under broadly defined “design” standards that allow the BRA great room for discretion in its final decision.

And what’s next?

This design review is already in place in Roslindale and Roxbury. Expanding it to Mission Hill or all of Boston, as Councilor Michael Ross proposes, could be just the first step in applying these same standards not only to all of Boston, but to smaller and smaller sized projects.

Shaklik said that Roslindale experimented with design review for all residential projects over 150 square feet, including any changes to the façade (front) of a building. Officials concluded that 150 square feet caused too many projects to come before the BRA. “It required small property owners to go through a complicated process,” said Shaklik. But they tried lower square footage once and they will try again. The only question is how low they want to bring down the square footage cut-off point.

Action Alert!

Express your views on ‘design review’ to:

Believe it or not, the decision to apply design review to projects in Mission Hill or all of Boston is up to the BRA, an appointed and salaried-employee body. It is not up to the Boston City Council. So the important people to influence are the following:

John Palmieri, BRA Director,
617-722-4300,
John.Palmieri.BRA@cityofboston.gov

Richard Shaklik, Deputy Director of Zoning,
617-918-4312,
Richard.Shaklik.BRA@cityofboston.gov

Jeffrey Hampton, Secretary to the Zoning Commission,
617-918-4308,
Jeffrey.Hampton.bra@cityofboston.gov