December 16, 2009
Senator Anthony Petrucelli
Joint Committee on the Environment, Natural Resources and Agriculture
Room 413B
The State House
Boston, MA 02133
RE: Bill no. 853
Dear Senator Petrucelli,
I am writing on behalf of the Back Bay Association, an organization of more than 400 members. The mission of the organization is to improve, promote and protect business in the Back Bay.
I was in attendance at yesterday?s hearing, but had to leave before having the opportunity to comment. I was surprised that there has not been an analysis conducted about the impacts of this proposed bill, which seems very far-reaching. Its implications must be fully explored.
Writing on behalf of the Back Bay business community, we encourage the Commonwealth to fully explore the impacts of this Act. The following data must be studied and explored:
? Scoping/mapping study. The Commonwealth must fully understand the exact locations of every property that would be impacted by this legislation. Property owners must be notified, especially those with development/zoning rights that would be impacted by this change.
? Planning. The state must study the impact of this act on future opportunities for employment and housing. Since Back Bay and the South End are historically protected, minimal development will occur in those locations. This legislation would limit the last Back Bay area where development could be possible, and possibly could limit the City?s ability to accommodate future populations. How would future growth be accommodated, and where?
? The MBTA Orange and Green lines provide service to the Back Bay, and the Commuter Rail and Amtrak are here. As we learn more about the environment and green building, it has been proven that density should be built near transportation infrastructure, to protect the environment. The impact of this legislation on mass transit must be fully understood.
? The Commonwealth should fully explore the tax implications of this act. This would limit taxable square footage for Boston, and limit the number of employees that could work in Back Bay.
? This should be explored. For example, recently there was a public process for a building proposed at the Prudential Center. Any floors more than eleven stories added shadow to the Commonwealth Avenue Mall on December 21st at the corner of Commonwealth and Fairfield for about one half hour in the morning. This legislation would have prevented the development of an additional six stories, which was approved. Six stories will add a total of $1 Million dollars in property taxes per year and jobs for 600 individuals. This type of impact must be understood and the pros and cons for the entire state balanced.
? This act could potentially limit development plans that are currently in review or planned, including the Berklee Master Plan, Copley Place, Stuart Street planning efforts, and Air Rights parcels, just to name a few. Have projects that are being proposed been reviewed by the Committee to understand the application of this bill on development plans?
? What are the Commonwealth?s future plans for Air Rights development? The State must explore the financial implications of this bill on state air rights holdings.
? There has been extensive public process regarding development in Back Bay and the Fenway. While there is currently not a zero tolerance for shadow in the areas covered by this act, shadow impacts are fully reviewed and studied. We do not believe any development in the past ten years that has been approved by the Boston Redevelopment Authority causes (or will cause) excessive shadow on any of the parks mentioned in the bill.
As we aim to strike a balance, the impacts of reduced jobs, taxes and housing must be balanced with the concern of too much shadow, and in the case of this bill, no shadow. The business community is in total support of the parks outlined in this legislation and believe they should be protected.
We believe this legislation needs more information before we can support, or oppose it.
Sincerely,
Meg Mainzer-Cohen
President
Back Bay Association