Report Excerpt:VOTE: No Action (5-0)
DISCUSSION
Article 36 would add a provision to the Zoning Bylaw to require that new construction or redevelopment of mixed-use buildings in business contain a certain amount of commercial space. The Board appreciated the intent of the petitioners and their willingness to incorporate feedback throughout the warrant article review process, but found that the proposed bylaw amendment had insurmountable technical and policy problems. It was too restrictive and could not be successfully implemented as proposed. Moreover, if enacted it might inadvertently incentivize new mixed-use development that is fewer stories than desirable to avoid specific proposed requirements or discourage ground floor accessible residential units from being built. Several members stated that owners would find it challenging to meet such rigid requirements, and these requirements would also make it difficult for the Board to exercise discretion and be flexible in working with property owners in the development of their properties, many of which have unique challenges. One member stated that demand for upper-story commercial space may not be as well-established as anticipated by this Article.
Other concerns raised by the Board members included the scope of the main motion as compared to the warrant article language that was submitted, a general lack of clarity about how the requirements would be applied to mixed-use projects, and contradictory language about applicability. Several members stressed that it would be difficult for every project to devote the same set minimum percentage of the entire footprint to commercial uses because each parcel and proposed building is unique. The Board also expressed concern about how this article would apply to the redevelopment of properties zoned as business that are currently in residential use. If a multi-family building in a business zone were to be redeveloped, this article might require that the ground floor be converted to commercial space, which means that residential units currently on the ground floor would be lost.