Tag Archives: Mayor Walsh

Boston First to Embrace Obama-Era Zoning Rules

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Development association backs plan to incorporate fair-housing review for residential projects

By: Scott Van Voorhis | This article was originally published in ENR New England on December 21, 2020

Boston will become the first major city in the country to incorporate Obama-era, federal anti-discrimination rules into the process of reviewing major new apartment and condo projects.

The Boston Planning & Development Agency (BPDA) on Dec. 17 voted to add Affirmatively Furthering Fair Housing rules to the city’s zoning code, a move that comes amid an ongoing surge of large, new residential projects not just downtown, but increasingly in the city’s working-class and minority neighborhoods.

The Obama-era rules became a favorite target of President Donald Trump on the campaign trail, who rescinded the policy over the summer, arguing they would lead to flood of “low-income housing” into the suburbs.

However, the new policy has the solid backing a major trade group representing developers in Boston and across Massachusetts.

Tamara Small, CEO of NAIOP Massachusetts, said the developers in her organization recognize the need for the rules, having formed a group to provide feedback on the proposal to the elected officials working on it.

“It was a collaborative process,” Small said. “We really want to tackle decades of systemic discrimination in housing. Our members are very focused on creating housing opportunities.”

“It is really important to recognize that the real estate industry of today is not the real estate industry of the 1950’s,” Small said.

The organization’s main concern was that the rules and the vetting process be predictable and clearly laid out, as well as having enough flexibility to enable developers to come with creative ways of fulfilling their obligations.

“We also weighed in to ensure there is a process that is both predictable and clear to understand,” Small said.

Under the new requirements, housing developers will use an online tool created by BPDA officials to submit a range of information called for under the new policy, starting with the proposed site of the project and the neighborhood it would be built in.

Developers would also be required to examine the potential for gentrification and other potentially negative impacts on “area residents historically discriminated against,” the development authority noted in a press release.

To head off or mitigate any potential negative impacts, developers would be able to pick from a number of options laid out by the city under the new review process.

These include boosting the number of affordable units available for rent or purchase at below market rates in the proposed project, or further deepening the affordability.

Other options include providing more two-bedroom affordable units large enough for families, or ensuring the number of family-sized, affordable units in the proposed project matches up with the percent of these larger apartments and condos in the neighborhood.

Developers also have the flexibility to propose alternative steps as well to address potential neighborhood displacement and affordability issues, Small said.

“They will have flexibility to come up with creative solutions that might be better suited for that project and for that neighborhood,” Small said.

The proposal was championed by City Councilor Lydia Edwards, with the council voting on Dec. 9 to unanimously approve it.

The last and final stop will come before the Boston Zoning Commission, which is expected to approve the amendment to the city’s zoning rules early next year.

“To reverse the exclusionary housing practices of the past that have kept families of color from accessing safe and secure housing and building generational wealth, we must support aggressive new housing policies that promote equity and fairness,” said Boston Mayor Marty Walsh said in a statement.

COVID-19 UPDATE: Municipalities Receive New Guidance for Project Review; Governor Baker Files Revised Budget Proposal; Eviction Moratorium Ending Oct. 17; Mayor Announces Housing Stability Pledge for Landlords

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This week there were several actions taken regarding the state’s COVID-19 response.

NAIOP Advocacy Results in New Guidance, Proposed Legislative Fix

Chapter 53 of the Acts of 2020, An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19, was enacted in April to alleviate challenges faced by municipalities as a result of the COVID-19 public health emergency. NAIOP, together with the Massachusetts Municipal Association and the Home Builders and Remodelers of Massachusetts, worked to ensure that this legislation provided permit granting bodies with the authority they needed to conduct meetings and public hearings remotely.

Late last week, in response to concerns NAIOP and others have raised regarding certain municipalities’ reticence to restart public meetings, the Department of Housing and Community Development (DHCD) released official guidance for municipalities, urging them to conduct remote hearings on all applications for permits or approvals related to housing production, and reinforces that all remote hearings should be implemented in a fair manner for all types of housing, in particular referencing 40B projects.

Additionally, the Baker-Polito Administration has included language in their proposed supplemental budget to end all municipal hearing delays as allowed by Chapter 53 of the Acts of 2020 on December 1, 2020. This proposed legislation is a direct result of NAIOP’s advocacy, and we will continue to monitor the language as it moves through the supplemental budget process.

Governor Files Amended FY21 Budget

On October 14, Governor Baker filed a revised budget proposal for fiscal year 2021. The revised proposal includes over $100 million to support economic development and small business efforts as the Commonwealth continues to recover from the impacts of the COVID-19 pandemic. The Governor’s budget proposes a total of $45.5 billion in gross spending, and authorizes a withdrawal of up to $1.35 million from the Stabilization Fund. In order to avoid further burdening businesses and residents during the ongoing crisis, the Governor’s budget does not include any broad-based tax increases and he has signaled he will veto tax hikes if pursued by the Legislature. 

NAIOP is currently reviewing the Governor’s proposal and will be closely monitoring the budget process.

Eviction Moratorium to Expire – New Resources Announced

The Commonwealth’s eviction moratorium, which applies to residential tenants and small businesses, will expire on October 17. Earlier this week, the Baker-Polito Administration announced a comprehensive set of resources, known as the Eviction Diversion Initiative, to support residential tenants and property owners during the financial challenges caused by the COVID-19 pandemic. NAIOP is supportive of this comprehensive approach to working with owners and tenants to provide critical resources to ensure housing stability. 

The Administration is making a $171 million total commitment this fiscal year, with $112 million of new funding to support new and expanded housing stability programs during the remainder of the fiscal year. Learn more about these resources here.

Mayor Walsh Announces Housing Stability Pledge

Last week, Mayor Walsh announced the creation of the Housing Stability Pledge for landlords. The Pledge, aimed to deter residential evictions during the COVID-19 pandemic, requires landlords to abide by the current CDC Eviction Order; engage with tenants to create a payment plan; accept rental assistance where available; and make rent adjustments for Section 8/MRVP families who are falling behind on their rent. This is an opt-in program for residential landlords located within the City of Boston.

NAIOP will continue to advocate for policies, Executive Orders and legislation that address how this public health crisis is affecting real estate and overall economic development. We are working on numerous initiatives. Please feel free to reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou if you have any questions. 

COVID-19 Update: Boston Announces Office Reopening Framework

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Today, Mayor Marty Walsh announced a new framework for all office spaces located within Boston. Starting June 1, office spaces located within the City of Boston will be required to limit capacity to no more than 25 percent of the maximum occupancy level during phase 1. This framework is in place as an operational recommendation to be used as a reference in line with Federal and State-wide mandates.

These operational recommendations apply to operations during Phase 1 of the Commonwealth’s phased reopening plan, and are subject to revision and modification during subsequent phases or as necessitated by public health considerations. The City’s operational recommendations include, but are not limited to:

  • Identify and clearly communicate a workplace coordinator who will be responsible for COVID-19 and the impact to the workplace.
  • Providing personal protective gear for any employee whose job functions requires it, as identified in the hazard assessment, including training on how to put on and remove equipment safely.
  • Limiting the number of people in an elevator at a time to no more than four. All individuals must wear face coverings in elevators, except where unsafe due to medical condition or disability.
  • Stair usage should be limited to one direction (down) except in cases of emergency.
  • Regular sanitization of handrails, buttons, door handles and other high-touch frequency areas.
  • Establish accommodation and leave policies for employees that are consistent with federal standards.

We encourage all of our members and member-organizations to review the City’s framework. These operational recommendations incorporate the Commonwealth’s Sector Specific Workplace Safety Standards for Office Spaces and supplement them with recommendations based on guidance from the CDC, U.S. Chamber of Commerce, and industry associations to offer best practices for preparing and returning to the physical workplace, preparing your workforce, and ensuring continuity of operations. NAIOP presented to the City regarding Industry Best Practices and we are pleased to see that many of our recommendations have been incorporated into this guidance.

The Mayor has made it very clear that the City hope’s employees who can work from home continue to do so throughout this recovery in order to limit potential exposure and allow for a successful and resilient reopening.

NAIOP will continue to advocate for policies, Executive Orders and legislation that address how this public health crisis is affecting real estate and overall economic development. We are working on numerous initiatives. Please feel free to reach out to CEO Tamara Small or Government Affairs Associate Anastasia Nicolaou if you have any questions.

COVID-19 Update: Governor Announces Reopening Plan – Construction Restarts and Office Space Reopening Standards Released

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Today, the Baker-Polito Administration released its plan for reopening the Massachusetts Economy. Please visit mass.gov/reopening to review the full report, general business guidance, sector guidance, mandatory employer and worker posters, and FAQs on the 4-Phase Reopening Plan. In order to reopen, all businesses must develop a written COVID-19 Control Plan outlining how its workplace will prevent the spread of COVID-19.

Phase One will allow the following (with restrictions, some capacity limitations, staggered start):

  • On May 18: Essential businesses; Manufacturing; Construction
  • On May 25: Lab space; Office space (outside of Boston); Limited Personal Services (hair; pet grooming; car washes); Retail (remote fulfillment; curbside pick-up)
  • On June 1: Office space in Boston

Each phase will last a minimum of three weeks and could last longer depending upon public-health data.

All Construction Included in Phase 1 Reopening Announcement

Governor Baker announced that effective today all construction (including office, retail, etc.) will be allowed to proceed if the appropriate documentation and safety standards and guidance are in place (in addition to any local requirements or restrictions). 

In addition to the mandatory safety standards for all industries announced on May 11 regarding social distancing, hygiene, staffing and operations, and sanitization, the Baker-Polito Administration today released construction-specific mandatory safety standards and guidance. The requirements must be in place before reopening a site, and include but are not limited to:

  • Keeping all crews a minimum of six feet apart at all times to eliminate the potential of cross-contamination
  • No in-person meetings of more than 10 people
  • Where social distancing is impossible, employers will be required to supply PPE including, as appropriate, a standard face covering, gloves and eye protection.
  • The elimination of large gathering places on site such as shacks and break areas, allowing instead for small break areas with limited seating available to ensure social distancing.
  • The designation of a site-specific COVID-19 Officer (who may also be the Health and Safety Officer) for every site except for construction and remodeling work in one to three family residences. This Officer shall certify that the contractor and all subcontractors are in full compliance with the COVID-19 safety requirements for construction.

The construction-specific requirements and guidance allows cities and towns to require additional site-specific risk analysis and safety plans.

Construction in the City of Boston

Also starting today, May 18, the City of Boston will allow a subset of construction projects on sites that meet specific criteria to commence (hospitals, public schools, 1-3 unit residential buildings, road and utility work or other outdoor/open-air work such as steel erection). On May 26, all construction projects in Boston may re-commence construction, if the construction site has submitted a COVID-19 Safety Plan and a COVID-19 Safety Affidavit in accordance with the City’s Temporary Guidance for Construction. 

Office Space Reopening

Starting May 25, the Administration will allow office space to reopen at 25% of capacity, except in the City of Boston, which will allow office space to reopen on June 1. NAIOP has been in talks with the City and we will keep members posted if any additional standards for offices are released. The Baker-Polito Administration has released guidance for office spaces ahead of the May 25 date so that companies are able to review and plan for reopening. The guidance released includes a COVID-19 checklist and mandatory sector-specific safety standards.

The Administration has made it very clear that they hope employees who can work from home continue to do so throughout this recovery in order to limit potential exposure and allow for a successful and resilient reopening.

Plan for Public Transit Released

The MBTA has remained open throughout this public health crisis, and will continue to provide service as adjusted to prioritize essential travel for healthcare and emergency workers. All riders and employees are required to wear face coverings while riding public transit. Stations and vehicles will continue to be cleaned and sanitized with increased frequency, and customers should board at the rear doors of buses and street-level trolley stops. Seniors and individuals with disabilities may still board at the front door if needed. 

COVID 19 Update: Eviction Legislation Before Senate, Clarity on Construction Moratoriums and Other Issues Affecting CRE

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Construction Moratoriums and Guidance

In recent days, there has been a great deal of confusion over construction moratoriums at the state and local level. We hope the following summary, which reflects the latest information, provides some clarity.

State: On Tuesday, March 31, the Baker-Polito Administration updated the construction related guidance in response to the COVID-19 pandemic. The new guidance limits “essential” construction to housing and critical infrastructure activities. Under the revised list, private nonresidential construction is not considered essential (unless it falls within one of the specified exemptions). As of noon, April 1, only housing projects (including mixed use with housing, infrastructure projects and construction related to COVID-19 can proceed. On April 2, the state updated the FAQ page to answer questions on this issue. The state also issued supplemental guidelines to limit COVID-19 exposures on construction sites and additional guidance outlining the enforcement of COVID-19 safety guidelines. It specifically states that “for all private projects the primary enforcement responsibility rests with the city or town.”

Local: Boston, Somerville, Cambridge, and numerous other cities and towns have issued a halt to all construction until further notice. Companies should maintain the crews necessary to make sure sites are “safe and secure.”  On April 5, Mayor Walsh asked that even if a job is one of the few that is allowed to move forward under current guidelines, companies should consider shutting down. In addition, effective April 2, Cambridge issued its own construction guidance

Commercial and Residential Eviction Moratorium Legislation

On Thursday, April 2, the House passed H. 4615, An Act providing for a moratorium on evictions and foreclosures during the COVID-19 Emergency. The bill provides eviction moratoriums for both commercial and residential tenants. The bill is now before the Senate, where a vote is expected on April 9.

Property Tax Update

As part of Chapter 53 of the Acts of 2020, the municipal relief bill signed by Governor Baker on April 3, municipalities are allowed to extend the due date of quarterly taxes to June 1st.  
 
The City of Cambridge announced it is extending the due date for Second Half Real Estate and Property Tax bills until June 1, 2020. In addition, interest and other penalties on late payments made on Excise Tax and water/sewer bills with due dates after March 10, 2020 will be waived if payments are made before June 30, 2020. It is our understanding that this applies to both residential and commercial.
 
The City of Boston has extended the due date for property tax bills in Boston until June 1st to give residents more flexibility during the ongoing public health crisis caused by COVID-19. It is our understanding this only applies to residential.

BPDA Covid-19 Response

The BPDA is postponing all BPDA-hosted public meetings regarding Article 80 development projects and planning studies until further notice. While projects will continue to be reviewed internally by BPDA staff, the public review process for both Article 80 development projects and the BPDA’s planning studies is on hold until public meetings can be resumed. If you are a landlord or tenant of the BPDA’s housing program, please visit the BPDA’s housing page for information and resources. As the BPDA’s response to Covid-19 continues to evolve, please check this page or follow @bostonplans on Twitter for updated guidance.

COVID-19 Massachusetts Relief Fund

On April 6, Governor Charlie Baker and First Lady Lauren Baker announced the launch of the COVID-19 Massachusetts Relief Fund. It is designed to support organizations assisting Massachusetts’ most vulnerable residents, frontline health care workers, and other essential service providers.  Donations are needed and encouraged.
 

COVID-19 Shows Value of Collaboration and Local Leadership Massachusetts Has Come Together with Kindness and Common Purpose

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By Tamara Small

This column first appeared in Banker and Tradesman on Apr 5, 2020

Uncharted territory. Those are the two words that seem to be used when anyone tries to describe our current COVID-19 world. Children are out of school, entire economic sectors have been decimated, the global and local economy is in freefall – and the end is unknown.   

As the unemployment numbers skyrocket and the number of people infected with COVID-19 continues to grow, it is difficult to find any positive news. However, here at NAIOP we’ve seen several local examples that we should all acknowledge and applaud.  

Public– and Private–Sector Collaboration  

In Massachusetts, this pandemic is exposing the grace of who we are, as residents and businesses stand strong in the fight to save lives. We see this with the establishment of the Massachusetts Life Sciences Emergency Supply Hub. As it quickly became clear that demand was outpacing supply at many healthcare institutions, the private sector stepped up.  

The Massachusetts Biotech Council, Massachusetts Health & Hospital Association, Conference of Boston Teaching Hospitals and Massachusetts Medical Device Industry Council came together, launching the Supply Hub to bring additional supplies and resources to our state’s healthcare institutions so they could continue to test and treat patients with COVID-19 safely.  

In response to the call for donations, hundreds of companies from a wide range of sectors including janitorial companies, colleges, and construction firms stepped up to donate everything from masks and goggles to swabs and tubes. While we still have not caught up with demand, this effort made a dramatic impact and provided a streamlined way for businesses throughout the commonwealth to supplement the local and national supply chain. 

In another extraordinary example of community solidarity, the Boston Society of Architects has begun soliciting nominations for buildings, facilities or infrastructure that may be adapted to become alternative hospital sites. The Massachusetts Department of Public Health  has issued guidance to permit the use of alternative, acute inpatient care spaces to care for patients during this public health emergency. Working with cross disciple teams, the architecture, engineering and construction community is working with property owners to assist state government officials with identifying, evaluating, documenting, and retrofitting buildings or other facilities identified as viable hospital facilities. Preparing for the worst is an essential part of crisis planning – this work will save lives. 

Legislative Compromise  

The closure of non-essential businesses and the shutdown of most aspects of society have resulted in the need for executive orders and emergency legislation on a wide range of issues. Municipal governments have been particularly challenged since town halls are shuttered, Town Meetings are delayed, and annual budgets are uncertain at best. For real estate developers, navigating the permitting maze at the local level became more challenging as the permit application process, deadlines, and hearings became unclear.  

Responding to this new challenge, the Massachusetts Municipal Association, The Home Builders & Remodelers Association of MA and NAIOP Massachusetts – The Commercial Real Estate Development Association, worked together, drafting language that gave predictability and protections to municipalities and developers. As of this writing, the language, which is included in An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19, was passed by the House and Senate and is expected to be signed by Gov. Charlie Baker. 

Every day is a step forward, navigating a difficult path. As Massachusetts, and the world, continue to operate in today’s reality, it is important to remember that we are all in this together. 

This legislation provides necessary relief to cities and towns that, due to disruptions caused by the state of emergency, are struggling to process and hear permitting applications. At the same time, the bill balances the needs of residents and developers by ensuring that current permits are not impaired by the emergency declaration. No town or developer wants to see a project that has received local approvals become a blighted, abandoned site, and this language ensures that projects can get up and going as soon as this crisis ends.   

Examples of Leadership 

Finally, Gov. Baker, Boston Mayor Marty Walsh, legislators and all the hardworking staff who support them must be recognized. They have focused on protecting the most at-risk residents, addressed business, health and public safety challenges and provided comfort during this unprecedented time.  

Throughout the commonwealth, we have seen local community leaders follow this example. From local food banks to neighborhood groups, we have seen unprecedented kindness and grace as everyone works together to flatten the curve and save lives. Restaurants are providing free meals for students in need, essential grocery store workers are keeping our food systems open and, last but certainly not least, every person working in the health care sector is working tirelessly to save lives.  

Every day is a step forward, navigating a difficult path. As Massachusetts, and the world, continue to operate in today’s reality, it is important to remember that we are all in this together. As a former governor of Massachusetts once said, let our first instinct be kindness – and as Mayor Walsh said during his address to the city, there’s nothing we can’t do when we stand together. 

COVID-19 UPDATE: MAYOR WALSH EXTENDS ORDER PAUSING NON-ESSENTIAL CONSTRUCTION WORK IN THE CITY OF BOSTON

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The following is a press release from the Office of Boston Mayor Martin J. Walsh (March 25, 2020)

BOSTON – Wednesday, March 25, 2020 – Due to the public health emergency caused by the spread of COVID-19 (coronavirus) Mayor Martin J. Walsh today announced he is affirmatively extending the City of Boston’s order to pause non-essential construction for City of Boston permitted sites. Mayor Walsh first announced this order on March 16, 2020, and sites should have been locked down for safety by March 23. Due to the public health emergency in Boston and across the Commonwealth of Massachusetts, this pause is still in effect until further notice.   

“The safety and health of construction workers and all residents of Boston is my first priority, and I am not willing to put that at risk as the virus spreads throughout our communities,” said Mayor Walsh. “Large gatherings such as those at construction sites have been proven to escalate the spread of the virus, and Boston must do everything in its power to flatten the curve, and stop the spread of coronavirus.”   

Mayor Walsh is working with various partners including construction firms and the building trades to determine protocols that would allow these sites to safely re-open in Boston.    This policy only applies to projects permitted by the City of Boston. The City will still allow work that is essential to the safety and well-being of Boston’s residents at this time, particularly work related to the COVID-19 public health crisis.  

In addition to these construction projects, the City will, on a case-by-case basis, review requests for exemptions to the temporary construction moratorium. These may be granted by the Commissioner of Inspectional Services (ISDCommissioner@boston.gov) for building-related work or the Commissioner of Public Works for street-related work. These will be granted if they support increased public health and safety and precautions are taken to mitigate the risk of exposure to COVID-19 among workers.    

Additional details about the order can be found on boston.gov. The guidance order is available online.  

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A Little Late, But Welcome to Massachusetts, Steve!

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WynnEverettIt appears that the lengthy, sometimes contentious, legal battle between Wynn Resorts Chairman Steve Wynn and Boston Mayor Marty Walsh is over. A “surrounding community” agreement was reached by both parties for the development of an Everett casino. The agreement includes:

  • $31 million over 15 years for community impact
  • $25 million over 10 years for Sullivan Square infrastructure improvements
  • $11 million for traffic mitigation in Charlestown
  • $250,000 for a regional working group on a “long-term fix” for Sullivan Square
  • a “good faith effort” to purchase $20 million annually over 15 years from Boston businesses
  • $1 million for reimbursement of Boston’s professional (legal) expenses.

Wynn Resorts Everett will be a $1.7 billion, five-star, premier destination resort with a 600 all-suite room hotel in Everett, located off Lower Broadway, at the site of the heavily contaminated, former Monsanto Chemical plant. Millions of dollars will be invested to clean and remediate the site and to construct infrastructure and traffic betterments.

The Commonwealth will receive a licensing fee of $85 million, along with 25% of gross gaming revenues, which are estimated to be $260 million annually.

There will be 4,000 full time jobs, as well as over 3,600 construction jobs.

For Everett:

  • $30 million in advanced payments for a Community Enhancement Fund payable during the construction period
  • $5 million Community Impact Fee, increasing annually
  • $20 million for real estate taxes, increasing annually (almost 25% of the city’s tax base)
  • $250,000 contribution to Everett Citizens Foundation
  • $50,000 annual payment to purchase vouchers/gift certificates from Everett businesses to be distributed by Wynn as part of its loyalty programs
  • An estimated $2.5 million per year in hotel and restaurant taxes
  • An active waterfront park with a winter garden and harbor walk will be created

That’s quite a financial commitment by an out-of-state company to the Commonwealth. In case you haven’t heard it before, welcome to Massachusetts!

Patience Not Panic Needed with BRA

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A recent Globe article stated that three months into Mayor Walsh’s term, “the pipeline of major new (development) proposals has slowed to a trickle.” The implication is that the transition from the Menino Administration has left the Boston Redevelopment Authority rudderless.

I disagree. The final days of 2013 cannot be viewed as the norm for the Menino Administration. Virtually any developer with a project was aggressively pressing for its approval prior to year’s end. The BRA, most likely, set a record for the number of projects permitted.

Given that the Walsh administration has begun an in-depth audit of the BRA, it does not seem unreasonable that city leaders be given time to properly review the current process and propose needed changes in how projects are reviewed and permitted.

Less than 90 days have passed since Mayor Walsh took office. The last mayor had 20 years to shape the BRA’s review process. Before anyone questions the competency of the Walsh Administration, they should allow city leaders to get to know how the city operates and give them adequate time to make changes that could result in a stronger, more vibrant Boston.