an attempt to uncover the truth about September 11th 2001

M.I.T., Rotch Visual Collections

2.7 MAJOR GOVERNMENT ACTORS AND THE REGULATORY PROCESS

Building regulation is anything but a monolithic process; the three streams interweave and impact each other's domain, creating a dense fabric of procedures, permits, forms, hearings and review boards. Finding the way through this multifaceted fabric was one of CCF Project Manager, Ray Miller's responsibilities. To aid him, CCF Vice-President, K. Dunn Gifford, acted as day-to-day liason with the sprawling bureaucracy of Boston city government.

Three governmental units played major roles in the development and design of Sixty State Street. The Office of the Mayor, Boston's executive branch, influenced the course of each of the regulation streams. The Mayor's responsibility in formulating redevelopment policy for the city, in allocating scarce City funds, and as a representative of the rights of diverse communities, provided strong input to Sixty State Street.

The Boston Redevelopment Authority was the central actor in the urban renewal program, but influenced as well the permit process and environmental review. The Boston Building Department remains the agency charged with enforcement of Boston's zoning and building codes. Understanding the role of these agencies would be easier when viewed in the context of the streams of regulation. Short descriptions of the permit process, the urban renewal process, and the environmental review process follow.

The permit process is used to further two goals of regulation: to protect the occupants and neighbors of a building, and to manage the type and intensity of development relative to its environment. The first objective is realized through a hierarchical structure of building codes designed to ensure public health and safety by the application of standards and requirements to the design, construction, and use of buildings. The second objective is reached through the enforcement of zoning codes which divide a community into districts, each with specified rules for density, site coverage, types of use, and site development.

The permit process in Boston involves a number of City organizations; the Boston Building Department plays the central role. The central document of this process is the building permit, required of all new projects before construction can begin. The BBD issues a foundation permit prior to the approval of the building permit, allowing the owner to proceed on the foundation at his own risk. Before an owner may use his newly completed building, he must obtain an occupancy permit, which certifies that the building is safe. Numerous other permits, such as for connections to city utilities, authorization for the construction of a parking garage, and approval for the storage of flammables in the building, are administered by a variety of city agencies.

Roosevelt's New Deal commenced a new area of government activity in the development process. Beginning with the Federal Housing Administration, the national government began to intervene in urban construction, first by offering financial incentives to the private sector, and later by embarking on their own housing projects. A 1949 Act of Congress proposed a framework for a joint federal-state-local effort to redevelop blighted portions of the older, established cities. Two-thirds federal funding proved a powerful incentive to cities and private developers alike, resulting in the transformation of many downtowns, including Boston's. Federal money also brought federal control, and urban renewal projects were noted for their long development time and copious paperwork. Private construction in urban renewal areas had to conform to a myriad of federal regulations and standards; the design was also subject to the redevelopment authorities' advice and consent.

The urban renewal process begins with a finding by the "local governing body" that the area is blighted. Once a master plan is prepared, the local redevelopment agency may use its power of eminent domain to acquire land, demolish existing structures, and assemble new parcels for development. New utilities, streets, and other public facilities are provided by the City. The cleared, improved land is sold to private developers, often at less than cost. As an added incentive, real estate tax agreements are often negotiated, which substantially reduce one element of the developer's risk. A Land Disposition Agreement, such as the one written for Sixty State Street, is the legal document which transmits the redevelopment agencies' guidelines, restrictions, and performance criteria to the private developer.

The urban renewal process in Boston involves the Boston Redevelopment Authority as the local agency responsible to the U.S. Department of Housing and Urban Development for the execution of renewal programs and the disbursement of funds. The City Council, as the local governing body, has the power to approve Boston's urban renewal plans and "workable program," a yearly review to HUD documenting the activities of the BRA which serves as the basis for all federal grants. The City Council also confirms the Mayor's appointments to the BRA Board.

The bulldozer aesthetic of may urban renewal programs was in part responsible for the recent development of the third area of building regulation, the environmental review process. Concern for environmental quality prompted the passage of the National Environmental Protection Act of 1970, which required an assessment of the biological, social, and economic impacts for all major federal actions significantly affecting the environment.

This assessment is manifested in the preparation of an Environmental Impact Statement (EIS), a report which publicly examines the consequences of a project, attempts to find methods to ameliorate negative impacts, and reviews alternatives to the proposed development.

An EIS for Sixty State Street was prepared by consultants hired by CCF. Polished by a series of reviews by the BRA, the EIS appeared in final draft form and was made available to various state agencies and the general public for comments. The Department of Public Health, Division of Water Resources, Department of Natural Resources, Division of Water Pollution Control, Executive Office of Transportation and Construction, Massachusetts Historical Commission, Metropolitan Area Planning Council, Executive Office on Environmental Affairs, and William H. Cunningham, a student of Tufts University, all examined the EIS, and their remarks were made part of the document. The mandatory public hearing was held. The EIS was accepted by the Massachusetts Department for Community Affairs, although by this time HUD had ruled that a federal EIS was not required.

Sixty State Street underwent another, more specialized, environmental review. The National Historic Preservation Act of 1966 empowered the Advisory Council on Historic Preservation to comment on federally-assisted projects that may impact properties in the National Register of Historic Places. HUD asked the NACHP to review the effects of Sixty State Street on the nearby Faneuil Hall and Quincy Markets. Their recommendations were adopted by HUD and the BRA, thus directly affecting the eventual design of Sixty State Street.

With this background, the variety of roles played by each of the three major government actors can be better understood. Brief descriptions follow of the Office of the Mayor, the Boston Building Department (BBD), and the Boston Redevelopment Authority (BRA). Each description includes the agency's general philosophy, objectives, organization and the agency's working process.

OFFICE OF THE MAYOR

The City of Boston has a "strong mayor" form of government. The Mayor sets the City's priorities, prepares the budget, originates most of the ordinances, and retains final say in most decisions. He can appoint and remove his top administrative assistants at his will, and thus control the City bureaucracy. The Mayor conducts all official City business with the state and federal governments, making it difficult for even relatively autonomous agencies, such as the BRA, to run counter to his wishes. The Mayor is counseled by several Deputy Mayors and specialized administrative assistants. Refer to Figure 2.11. The executive branch often outmuscles Boston's "local governing body," the City Council. Its nine members are elected at large for two year terms and lack both a power base and adequate staff to compete with the Mayor's resources.

Mayor Kevin White has demonstrated concern for the environment of Boston. First elected in 1967, he wished to improve Boston's viable services: schools, streets, parks, and the general tax base. White embraced the urban renewal program, adjusting its priorities to coincide with his own. A resident of Beacon Hill, the Mayor's concern for the preservation of Boston's intimate quality was one reason he intervened in the Sixty State Street Project during the fall of 1973.

BOSTON BUILDING DEPARTMENT (BBD)

The Boston Building Department (BBD) is one of several public service departments under the direct control of the Office of the Mayor. Its nearly 200 employees have the major responsibility in supervising private construction in Boston. Public safety is the prime objective of the BBD's efforts. Policeman of the building process, the BBD scrutinizes the design, construction, and operation of buildings to make sure they conform to the legislated standards. By dealing with rules and minimizing original analysis, the Department hopes to standardize their regulatory process and maintain a simple approach.

The BBD's hierarchical, bureaucratic organization is ideally suited to the enforcement of codes. Refer to Figure 2.12. Three divisions, Plan Review, Administration, and Inspection, are supervised by the Building Commissioner.

The Plan Review Division examines plans for all private construction in Boston to ascertain if the designs conform to the Boston Zoning Code and all applicable building codes. The Inspection Division has the responsibility to ensure that all construction is built to the approved plans. There are several categories of inspectors: Construction and Safety, Electrical, Elevator, Gasfitting and Sprinkler, Plumbing, and Egress.

Construction and Safety inspectors regularly monitor the progress of new construction. As mechanical and electrical systems are completed, each is examined by an inspector of the appropriate specialty. The inspectors also periodically check existing buildings to make sure they remain in compliance with the codes. The Administrative Division is the custodian of the massive files required to document the building permit process. It assists the public in the application stage and enforces the decisions reached in the Plan Review and Inspection Divisions. The Administrative Division also services the Board of Appeal, which is empowered to grant variances if the developer can prove that the standards of the codes impose an unavoidable hardship.

The fruit of labor at the BBD is the building permit. This is issued only when the final design meets all specifications of the Boston Zoning Code, Massachusetts State Building Code, and other specialized design, material, sanitation, electrical, HVAC, and fire codes. Construction cannot begin without this permit; the BBD thus plays a major role in determining if, when, and how a building is built.

BOSTON REDEVEL0PMENT AUTHORITY (BRA)

The Boston Redevelopment Authority, established in 1957 as an outgrowth of the Boston Housing Authority, administers the City's urban renewal program. A reorganization prompted by Edward Logue merged the Planning Commission into the BRA, enabling the agency to accomplish its two tasks: the planning of an image for the future of Boston, and the implementation of those plans. The activities of the BRA are monitored by a board, with four members appointed by the Mayor and one by the Governor.

The BRA has traditionally operated with a loose organization and structure (see Figure 2.13). Many Division Heads are directly responsible to the Director. The agency can be divided into two parts -- Planning and Urban Development. To encourage community participation in the planning process, Boston is partitioned into 16 neigbborhood districts. Each neighborhood has a district planner who coordinates all BRA work in the area, including public facilities, street improvements, parks and recreation, and housing rehabilitation; specialized units within the Planning Department offer centralized service in transportation planning, historic preservation, environmental review, and zoning.

The BRA formulated a series of urban renewal plans in the 1960's and maintains Project Managers to coordinate work in each area. The Urban Design Department participates in the design of buildings on urban renewal parcels and performs all planning functions for the downtown area. The Deputy Director for Development interfaces with the private sector, aiding and encouraging private developers in their efforts.

The BRA, as the prime mover of the rebuilding of Boston, interacts with many other City agencies in the daily course of its activities. It works closely with the Public Improvement Commission to help plan and implement the new roads, sidewalks, and utilities required to service Boston's physical structure. The BRA and MBTA collaborate to improve Boston's mass transit system. The Board of Appeal often requests BRA review to determine what effect the granting of a variance would have on the master plan. The Zoning Commission, responsible for the revision of the Boston Zoning Code and official map, makes changes on the recommendation of the BRA, who acts as the technical advisor to the Commission. Historic preservation and rehabilitation has become a major concern of the BRA, which gives technical and administrative support to the Boston Landmarks Commission and the Beacon Hill and Back Bay Architectural Commissions.

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