By Robert Ruzzo
“The pessimist complains
about the wind; the optimist expects it to change; the realist adjusts the
sails.”
William
Arthur Ward
Sometimes, reality can get a
little daunting if one is not sufficiently careful. Witness two recent
presentations touching upon the present
The first, as reported in Commonwealth
magazine, was a gathering of eight experts from around the country and the
world that had been convened by Congressman Seth Molson and assembled by the
Urban Land Institute to spend an intensive week “gathering information on the
North South Rail Link and the region’s transportation infrastructure.” Kudos to
the Massachusetts Competitive Partnership for funding this study.
Part of the discussion focused
on the state of TOD at commuter rail locations. As reported by Commonwealth,
Robert Ravelli, a director at Contemporary Solutions in London, was quoted as
saying the panel members saw the “commuter rail system as an untapped resource…
a lost opportunity.” He urged close examination of TOD possibilities at all
commuter rail stations, many of which, in the words of the Commonwealth article,
“are just rudimentary stations with big parking lots next to them.”
On the other hand, one week
later at a Regional Real Estate Development Leadership Council meeting of the
Greater Boston Chamber of Commerce, a Mass DOT/MBTA presentation noted past
successes, current projects and future potential for just the kind of
development called for by the ULI Study group. In a candid assessment examining
both successes and failures, development projects on publicly owned land were
examined in some detail. A number of these developments included the
transformation of either commuter rail or end of the line park and ride
facilities, including Arbor Point at Woodland station in Newton, the Carruth at
Ashmont Station, Forest Hills, Mattapan High Speed Rail, Beverly Depot, and
Greenbush station. Those developments run the gamut from completed to proceeding
apace to struggling, but still chugging along.
How can both the (relatively)
optimistic picture offered by MassDOT and the critique of the ULI study both
ring true?
Three factors are worth
remembering.
First, the universe is a
pretty big place. The MBTA alone has more than 300 rapid transit, commuter
rail, and bus rapid transit stations. Within a half-mile radius of these
stations, you will find 25% of the region’s housing and 37% of the region’s
jobs, all on about 5% of the region’s total land area. Regional transit authorities
add further to the number of potential TOD locations. There is plenty of room within
that universe for MassDOT to report its hard won successes and for others to
clamor for more to be done.
While it is the belief here
that within the soulless cracked asphalt of every “park-and-ride” lot, there beats
the heart of a “live and ride” community yearning to breathe free, that is not
going to happen overnight. But it does have to happen.
Second, every opportunity a
developer envisions at a commuter rail stop brings an operational challenge
with it. Operational issues, much like an offensive line in football, really
only get the attention they truly deserve during periods of failure (real or
perceived).
Construction, however, is by
nature a disruptive event, and commuting habits are just that, habits. A
disruption to the anticipated availability of parking due to construction
brings with it the potential to raise the ire (and change the habits) of an
(unquestionably) impacted ridership. And unlike, for example, escalator
maintenance, construction period impacts have an extremely extended duration. It
is therefore not surprising that many of the TOD successes to date have
occurred at locations were there was in fact a surplus of parking.
Third, the MBTA is in fact
frequently in competition with its neighbors. Typically, though not always,
park-and-ride facilities are in a premier location with respect to the transit location;
however, adjacent parcels in private hands nonetheless represent advantageous
development opportunities, ones that come: (1) without the public procurement
obligations and (2) blissfully removed from operational concerns.
And, for good measure, you can
add in the customary challenges any development encounters in the entitlement
process in Massachusetts. For example, the “friendly Chapter 40B” process that
resulted in Arbor Point at Woodland Station came at the end of a ten year
development effort.
What would help?
Greater planning resources for
both the MBTA and host communities alike would be useful in site prioritization
and co-ordination of the interests of competing properties, particularly in exploring
potential temporary or “swing space” parking solutions.
While the attributes of our
Comprehensive Permit Law (including its robust potential as a redevelopment
tool), are routinely applauded in this space, TOD locations would benefit most
from a thoughtful planning process and planning-based zoning amendments
thereafter, including but not limited to Chapter 40R Overlay Districts.
Despite all of its challenges,
interest in TOD continues unabated. In many respects, TOD is riding a third
great transit wave. The first wave
arrived upon the electrification of previously horse drawn streetcars and the resulting
proliferation of streetcar suburbs; the second sizzled during the war years of
the 1940s (representing the transportation equivalent of ‘the last days of
disco” before the onset of suburban supremacy), and now the third wave continues
to build as the combined result of animus against further development of green
fields and exasperation with the congested state of the nation’s highways.
TOD’s future? As a
Commonwealth, we are in it for the long haul. Let’s adjust the sails and
continue forward.
“The Housing Watch” is a
regular column from Bob Ruzzo, senior
counsel in the Boston office of Holland & Knight LLP. He possesses a wealth of public, quasi-public
and private sector experience in affordable housing, transportation, real
estate, transit-oriented development, public private partnerships, land use
planning and environmental impact analysis. Bob is also a former general
counsel of both the Massachusetts Turnpike Authority and the Massachusetts
Housing Finance Agency; he also served as chief real estate officer for the
turnpike and as deputy director of MassHousing.” Bob can be contacted by email at robert.ruzzo@hklaw.com.
