The development of Parcel 13 will be subject to zoning and all other applicable local development controls.
1. The Memorandum of Understanding with City of Boston. A Memorandum of Understanding (“MOU”) between the City of Boston and MassDOT (as successor entity to the Massachusetts Turnpike Authority) governing air rights development was entered into as of June 1, 1997. The MOU is attached as Appendix A. Respondents are advised to carefully review the MOU. The Proposals will be evaluated by MassDOT and MBTA, with input from the City and CAC. Please note that the review requirements in Section 3 of the MOU have been superseded by subsequent legislation, which subjects all development on MassDOT air rights developments in Boston to zoning and all other applicable local regulation.
2. Zoning. Respondents should have a thorough knowledge of the Boston Zoning Code as well as the development process in the City of Boston. It is anticipated that the BRA will require the Selected Developer to submit the Air Rights project to City of Boston zoning review and approval. The Parcel is subject to zoning pursuant to Chapter 302 of the Acts of 2010 despite the fact that the Turnpike air rights portion does not lie within a current zoning district. The BRA has stated that it expects zoning and related development controls to be established through a Planned Development Area (“PDA”) for the entirety of Parcel 13. It is anticipated that the Selected Developer would work with the BRA and its designated community review body in this process. At present, the land and Green Line air rights portions of the project site are located in the B-8-120a district. This is a small, unique zone extending between Massachusetts Avenue and Fairfield Street covering only the southern half of these three blocks and recognizing the transitional nature of this area between the historic Back Bay buildings and the more modern development on the south side of Boylston Street. Housing and commercial uses are permitted. This district allows an FAR of 8.0 and building heights up to 120 feet, which is roughly the height of the 360 Newbury Street building. With respect to parking, Section 23-6 of the Boston Zoning Code states that, “When the maximum floor area ratio specified in Table B of Section 13-1 for a lot is 8.0 or 10.0, off-street parking facilities are not required for such lot.” The property is also located in a Groundwater Conservation Overlay District, and Restricted Parking district.
3. Article 80 Review. It is anticipated that any development project proposed for Parcel 13 will undergo large project review by the BRA in accordance with Article 80 of the Zoning Code. As a general matter, Article 80 Review involves a comprehensive public review of a large project at the schematic design stage to evaluate its impacts and determine appropriate measures to mitigate those impacts. The Selected Developer will initiate Article 80 review by filing a Letter of Intent. The Selected Developer will then coordinate with the BRA and file a Project Notification Form describing the major elements of the proposed development project. Article 80 Review is intended to facilitate input from appropriate City agencies and the community relative to the proposed project’s impact on the neighborhood and the City as a whole. The Article 80 process enables coordinated review of the proposed project by various City agencies, including the Boston Civic Design Commission, Boston Landmarks Commission, the Back Bay Architectural Commission, Boston Transportation Department, and the Boston Parks Commission, among others. It is anticipated that the BRA will initiate a community review process to assist with its review of the selected Proposal. The Selected Developer will be responsible for participation in such community advisory process established by the City.
