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Brookline Perspective offers reflections on community issues from an urban planning perspective with the hope of generating further dialogue and inquiry.Lindahttp://www.blogger.com/profile/08535172440009374020lpehlke@aol.comBlogger48125
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Over-Building Brookline: One "Preservation" at a Time

Fri, 07/09/2010 - 5:36pm
or Extreme Building: The New Normal? In my previous post, I wrote about the threat to our historic homes from development interests looking to tear down homes in order to extract maximum value from the high cost housing market in Brookline. An older home is found and purchased often in a distressed or stressed sale condition, which can then be replaced by a multi-unit building. In a recent Boston Globe article entitled "Neighbors Decry Development of Historic Sites", Jeffrey Feuerman is quoted as saying, "You can get a bigger project with more units with a demolition".  He went on to say that, "...Keeping the historic elements of such properties is not prohibitively more expensive than tearing them down and starting fresh, it takes longer, often included expensive surprises, is harder to build and is less attractive to buyers". (This coming from the same individual who was listing his preservation award winning, three bedroom unit in a renovated 1855 carriage house on Harvard Avenue for more than 1.5 million.) I don't know about you, but I know plenty of buyers who place a premium on authentic historic architecture and character.


As a further point in favor of demolition, Feuerman went on to say that "single family homes on such sites means much lower tax collections than a new multi-unit building. A quality condominium complex will also translate into higher property values for nearby properties.  A single-family is not the highest and best functional use of the property." Spoken like a true developer. However, his claims about value are questionable. When the adjoining property's views, light, air and trees are removed to make way for these new condos, it clearly diminishes that property's value. When the street scape is harmed by the loss of front yards, historic homes and trees, some of the publics' collective ownership value is taken. There will come a point when Brookline will lose enough of these things that the "quality of life" premium that property owners in Brookline enjoy will be gone. "Highest and best use" means only that use that will make the most money for the individual property owner or developer. It fails to account for what is most valuable or best for the Community. Further, while tax collections may be a bit higher for condominiums rather than a single family house, there are increased costs to the town associated with additional residential development too, which may or may not be off set by the increased tax revenue, such as Schools, police, fire, open space and recreation, libraries, trash, roads, etc. It is not a clear "win" for the Town fiscally, and clearly not a win for abutters, whose property values are in fact more likely to decline.

My point here is not to say that all new development is bad. But it is to say that we need to think critically when we hear these "truisms", like "highest and best use" bandied about. But more importantly, we need to recognize, protect, and build upon the amazing assets we do have. The historic landscapes and neighborhoods, planned and designed by some of the most brilliant and talented designers to have walked on the planet. These are our assets, and if we lose these, or degrade them beyond recognition, we will have lost the beauty and soul of what makes this place so desirable to begin with.

In response to the community's distress about losing some truly priceless pieces of historic architecture, (many of which play a key role in defining our community character), a new "model" has been proposed. In the same Boston Globe article cited above, Scott Gladstone is quoted as saying, "the hope was to start a trend in Brookline where old houses are preserved, and Jeff Levine, Brookline's Planning Director proposed using 99 Winchester St. as a model". Let's look at 99 Winchester St. from above, to give us a sense of site design and scale.



99 Winchester is in the center of the image, the reddish building with the turret. As you can see, the renovated house has a large addition on the back, which seems to be built extremely close to the property line, completely filling up all available space on the lot. (Lot lines are in yellow). While this scenario may be lucrative for the developer, it clearly comes at a price to the community, in terms of declining values to surrounding properties,  due to the loss of open space, loss of light, air, sky views and trees.

The idea behind the Winchester model is that the preservation of the house is such a great benefit to the community that it justifies extreme violation of our zoning by-law, thereby allowing for the granting of special permits, etc. The proposal pictured above, 70 Sewall, requires 9 special permits/variances. It is not to object to special permits per se that I raise my concerns. It was expected that some "wiggle room" was needed to make an adaptive re-use project work. But it has gone far beyond "wiggle room". While no one wishes to see these historic structures destroyed, I believe the developers proposing these scenarios, are in fact going beyond any reasonable standard with their proposals, taking advantage of the Town's desire to preserve the house and using the threat of demolition to go to extremes. Convincing us that they are making a sacrifice by preserving the house. When in fact, the proposed development becomes extremely valuable. The historic structure is saved, adding beauty, character and quality that no new construction could ever achieve and a super-sized addition is allowed, even though it violates all minimum standards of sound building and planning practices. Because we are so afraid of demolition, we fail to realize the truth of the fact that even with demolition, a new full build FAR building would not fit on this lot either. In fact, in the case of the 70 Sewall proposal, (above) a building of only 1.14 FAR (not the full 1.5 allowed) would fit, and even then this assumes underground parking and a height variance.

A look at the site plan for the 70 Sewall project reveals the full extent of the site design violations.


Side yards are reduced to 4', at the smallest point the rear setback is 36". These miniscule setbacks are insufficient to allow adequate light, sky views, and freedom from shadows for the abutters. They will not function in terms of safely accommodating circulation of persons or machinery. There is not sufficient space to support plant life to aid in buffering the building from neighbors.

The historic house is moved forward on the lot 15 ft. Fundamentally changing the setting of the house, alters one's view and experience of the house from the sidewalk and street. It is no longer the same house. The 36” oak tree at the front of the property is unlikely to survive the movement of the house. In addition, four other 10”- 12” trees are slated for removal from the property. New trees that are proposed would in fact grow onto adjoining property, would be difficult if not impossible to maintain and would also so severely limit circulation on the site due to the close proximity to the building that they seem impractical. Given the extremely dense development in the area, the value of these trees as softening, humanizing elements cannot be overstated. Key historic elements are being altered or eliminated from the house. Only 245 sq. ft. of usable open space remain on the property. The scale and mass of the addition overwhelmes and dwarfs the original structure, the beautiful 1889 Schweinfurth designed Queen Anne house.

Our Town boards and staff have forgotten that the maximum size (or Floor Area Ratio) allowed in a given zone is just that, a maximum, not a de facto right, and that at least basic standards of safety, functionality and protection of abutters must be maintained. These are the core functions and purpose of zoning.

The question then becomes, does the partial "preservation" of this house justify the extreme violation of our Zoning By-law and by extension the rights and privileges of the citizen's of Brookline? Has Extreme Building become the New Normal?

It seems to be catching on. Jeffrey Feuerman has submitted his plans for a project at 59 Green St. Here we see a two family home being turned into one giant condominium and another giant condominium being added onto the back, resulting in a long narrow housing development stuck into the back yard, next to homes with open back yards.  This too was a case where demolition was threatened before the Preservation Commission stepped in.

Both of these proposals will be discussed at the upcoming Planning Board meeting next Thursday,  July 15 in room 111 at Brookline Town Hall, starting at approximately 8:00 pm.

Extreme Building: The New Normal

Fri, 07/09/2010 - 5:36pm
In my previous post, I wrote about the threat to our historic homes from development interests looking to tear down homes in order to extract maximum value from the high cost housing market in Brookline. An older home is found and purchased often in a distressed or stressed sale condition, which can then be replaced by a multi-unit building. In a recent Boston Globe article entitled "Neighbors Decry Development of Historic Sites", Jeffrey Feuerman is quoted as saying, "You can get a bigger project with more units with a demolition".  He went on to say that, "...Keeping the historic elements of such properties is not prohibitively more expensive than tearing them down and starting fresh, it takes longer, often included expensive surprises, is harder to build and is less attractive to buyers". (This coming from the same individual who was listing his preservation award winning, three bedroom unit in a renovated 1855 carriage house on Harvard Avenue for more than 1.5 million.) I don't know about you, but I know plenty of buyers who place a premium on authentic historic architecture and character.


As a further point in favor of demolition, Feuerman went on to say that "single family homes on such sites means much lower tax collections than a new multi-unit building. A quality condominium complex will also translate into higher property values for nearby properties.  A single-family is not the highest and best functional use of the property." Spoken like a true developer. However, his claims about value are questionable. When the adjoining property's views, light, air and trees are removed to make way for these new condos, it clearly diminishes that property's value. When the street scape is harmed by the loss of front yards, historic homes and trees, some of the publics' collective ownership value is taken. There will come a point when Brookline will lose enough of these things that the "quality of life" premium that property owners in Brookline enjoy will be gone. "Highest and best use" means only that use that will make the most money for the individual property owner or developer. It fails to account for what is most valuable or best for the Community. Further, while tax collections may be a bit higher for condominiums rather than a single family house, there are increased costs to the town associated with additional residential development too, which may or may not be off set by the increased tax revenue, such as Schools, police, fire, open space and recreation, libraries, trash, roads, etc. It is not a clear "win" for the Town fiscally, and clearly not a win for abutters, whose property values are in fact more likely to decline.

My point here is not to say that all new development is bad. But it is to say that we need to think critically when we hear these "truisms", like "highest and best use" bandied about. But more importantly, we need to recognize, protect, and build upon the amazing assets we do have. The historic landscapes and neighborhoods, planned and designed by some of the most brilliant and talented designers to have walked on the planet. These are our assets, and if we lose these, or degrade them beyond recognition, we will have lost the beauty and soul of what makes this place so desirable to begin with.

In response to the community's distress about losing some truly priceless pieces of historic architecture, (many of which play a key role in defining our community character), a new "model" has been proposed. In the same Boston Globe article cited above, Scott Gladstone is quoted as saying, "the hope was to start a trend in Brookline where old houses are preserved, and Jeff Levine, Brookline's Planning Director proposed using 99 Winchester St. as a model". Let's look at 99 Winchester St. from above, to give us a sense of site design and scale.



99 Winchester is in the center of the image, the reddish building with the turret. As you can see, the renovated house has a large addition on the back, which seems to be built extremely close to the property line, completely filling up all available space on the lot. (Lot lines are in yellow). While this scenario may be lucrative for the developer, it clearly comes at a price to the community, in terms of declining values to surrounding properties,  due to the loss of open space, loss of light, air, sky views and trees.

The idea behind the Winchester model is that the preservation of the house is such a great benefit to the community that it justifies extreme violation of our zoning by-law, thereby allowing for the granting of special permits, etc. The proposal pictured above, 70 Sewall, requires 9 special permits/variances. It is not to object to special permits per se that I raise my concerns. It was expected that some "wiggle room" was needed to make an adaptive re-use project work. But it has gone far beyond "wiggle room". While no one wishes to see these historic structures destroyed, I believe the developers proposing these scenarios, are in fact going beyond any reasonable standard with their proposals, taking advantage of the Town's desire to preserve the house and using the threat of demolition to go to extremes. Convincing us that they are making a sacrifice by preserving the house. When in fact, the proposed development becomes extremely valuable. The historic structure is saved, adding beauty, character and quality that no new construction could ever achieve and a super-sized addition is allowed, even though it violates all minimum standards of sound building and planning practices. Because we are so afraid of demolition, we fail to realize the truth of the fact that even with demolition, a new full build FAR building would not fit on this lot either. In fact, in the case of the 70 Sewall proposal, (above) a building of only 1.14 FAR (not the full 1.5 allowed) would fit, and even then this assumes underground parking and a height variance.

A look at the site plan for the 70 Sewall project reveals the full extent of the site design violations.


Side yards are reduced to 4', at the smallest point the rear setback is 36". These miniscule setbacks are insufficient to allow adequate light, sky views, and freedom from shadows for the abutters. They will not function in terms of safely accommodating circulation of persons or machinery. There is not sufficient space to support plant life to aid in buffering the building from neighbors.

The historic house is moved forward on the lot 15 ft. Fundamentally changing the setting of the house, alters one's view and experience of the house from the sidewalk and street. It is no longer the same house. The 36” oak tree at the front of the property is unlikely to survive the movement of the house. In addition, four other 10”- 12” trees are slated for removal from the property. New trees that are proposed would in fact grow onto adjoining property, would be difficult if not impossible to maintain and would also so severely limit circulation on the site due to the close proximity to the building that they seem impractical. Given the extremely dense development in the area, the value of these trees as softening, humanizing elements cannot be overstated. Key historic elements are being altered or eliminated from the house. Only 245 sq. ft. of usable open space remain on the property. The scale and mass of the addition overwhelmes and dwarfs the original structure, the beautiful 1889 Schweinfurth designed Queen Anne house.

Our Town boards and staff have forgotten that the maximum size (or Floor Area Ratio) allowed in a given zone is just that, a maximum, not a de facto right, and that at least basic standards of safety, functionality and protection of abutters must be maintained. These are the core functions and purpose of zoning.

The question then becomes, does the partial "preservation" of this house justify the extreme violation of our Zoning By-law and by extension the rights and privileges of the citizen's of Brookline? Has Extreme Building become the New Normal?

It seems to be catching on. Jeffrey Feuerman has submitted his plans for a project at 59 Green St. Here we see a two family home being turned into one giant condominium and another giant condominium being added onto the back, resulting in a long narrow housing development stuck into the back yard, next to homes with open back yards.  This too was a case where demolition was threatened before the Preservation Commission stepped in.

Both of these proposals will be discussed at the upcoming Planning Board meeting next Thursday,  July 15 in room 111 at Brookline Town Hall, starting at approximately 8:00 pm.

The Stretch Energy Code: It's Good for Brookline

Mon, 05/03/2010 - 3:15pm
Article 11 on this Spring's Town Meeting agenda would strengthen the energy efficiency portion of  Brookline's Building Code. The standards have been set to be easily attainable, predictable, and desirable. I won't go into all of the details here, for more information, please visit the town website and look for Stretch Code Information.



I believe that adopting the Stretch Energy Code is good for Brookline for several important reasons:

1) Greater energy efficiency saves money for Brookline's residents and businesses. 

Let's face it, energy is going to get more expensive. Even at today's prices, the small additional costs associated with the additional Stretch Code compliant efficiency improvements are quickly paid back through energy use savings.

2) Less energy use is better for the environment and reduces our dependence on foreign oil and other fossil fuels.

Conservation is a key component to any policy or technological strategy that reduce harmful emissions and slows our consumption of energy resources. Here in the Northeast, heating and cooling our homes and commercial buildings contributes significantly to our energy use. In Brookline, about 60% of our total greenhouse gas emissions are from residential buildings.



3) Home owners and builders achieve consumer protections, receiving verified levels of energy efficiency.

Required energy efficiency measures are determined and verified through a 3rd party professional modeling and testing procedure, or through the installation, from a check list, of specified product types and construction techniques. Therefore, the consumer, in this case either a home owner or builder, is assured that the finished building will in fact meet the energy efficiency standard. This knowledge will surely become valuable information to prospective buyers and tenants as they rightly compare the "operating" costs of various property purchase options.

4) Savvy tenants and buyers are seeking energy efficient buildings.

It is in Brookline's best interest to position itself as a community that understands and promotes energy efficient, quality building. Doing so will attract residents and businesses with long term objectives who value stability and continued viability.


5) Adopting the Stretch Code gets us closer to becoming a Green Community.

As a result of the recently passed Green Communities Act state legislation, a Green Communities Division (within EOEEA) was created. Their mission is to establish and administer the Green Communities program, whereby cities and towns can adopt certain energy conservation or renewable energy generation policies and in return gain access to grant monies to pay for all manner of energy efficiency, management, conservation and renewable energy generation projects. Access to these funds would allow Brookline to be on the forefront of implementing state of the art energy saving projects. Becoming a Green Community could benefit Brookline both directly through grant monies for projects and secondarily through energy cost savings.

Some of the frequently cited objections to adopting the Stretch Code are principally founded on a faulty understanding of the Code's applicability.  For instance it's been stated:

  • We can't afford to place an additional cost burden on home owners/businesses at this time.
The Stretch Code does not require anyone to make any changes to their existing home or HVAC systems. It does become relevant when an individual builds an addition or changes out windows or furnaces, but only applies to those things being replaced. If you choose to change one window, that new window must be an Energy Star window.  You will not be required to replace all your windows or change anything else about your home. As stated previously, the additional cost associated with the higher energy efficiency is quickly paid back. Also, there are frequently utility rebates available to help home owners and businesses make energy improvements, as well as federal and state tax incentives.
  • If Brookline adopts the Stretch Code we will drive away certain contractors who don't want to deal with the new requirements and this will hurt our competitiveness relative to surrounding communities.
The improved building practices embodied in the stretch code are already being adopted by quality builders and will be required in a few years anyway.  The resulting buildings are the ones that buyers and tenants are seeking in the market place. Therefore assuring this higher standard of building actually helps Brookline's competitiveness. As of April 28, 2010 18 communities have adopted the Stretch Code, with many more considering the option this spring. Newton and Cambridge have already adopted it and Boston has it's own high level energy efficient building standards.
  • Extra energy efficiency measures will require me to make inappropriate changes to my historic home.
As stated earlier, no one will be required to make changes or energy improvements to existing buildings because of the Stretch Code. When renovations, additions or new building occurs that triggers the energy portion of the building code, then the Stretch Code will apply. The performance standards can be met in a variety of ways, and do not require changing historic features. Properties listed (or certified as eligible for listing) on the State of Federal historic register or as part of a local historic district or designation are exempt from both the base and Stretch energy codes.

Demolishing Brookline one House at a Time

Sat, 04/03/2010 - 12:09pm
As I react to the flurry of demolition requests in and around my neighborhood, I think, this must be what it feels like to be on a volunteer fire department. You try to get on with your everyday life, yet your antennae is up, ready to receive the alarm at any moment. You and your comrades run to the scene of impending devastation and you do what you can. Once in a while you are victorious, at least to some degree, and the dreaded devastation is kept to a minimum. When this happens, you acknowledge that luck had something to do with it. Your tools are inadequate, your frustration and sense of failure great. A sad heaviness clutches your heart.

Three months into 2010 and there have been 8 demolition requests for houses in Brookline. Five of these requests have been delayed by the Preservation Commission because the house has been found to be historically significant. These five homes are 70 Sewall, 64 Naples, 163 Kent, 19 Hilltop and 59 Green. Usually, this action simply delays the inevitable, but as our preservation staff has said, "sometimes miracles happen".

 70 Sewall Ave. 1898 Home of Charles Flagg, Architect, Julius A. Schweinfurth
It's worth asking the question, why is this happening? It is of course difficult to generalize to all cases, but it is fair to say that for those tear downs that are most disconcerting, i.e. those where significant historic architecture is lost and neighborhood fabric is torn asunder, there are a confluence of particular circumstances. First of course is the high value of land and the high price to be had for housing in Brookline. (i.e. money to be made). Next, is the reality that our zoning allows the construction of  buildings much larger than those commonly found in the surrounding neighborhood and, adding to the mismatch with context, the required setbacks do not necessarily match those of neighboring structures. Third, then, if you are a developer, you simply wait for an existing house to lose some of its value through age and neglect, perhaps a death or divorce in the family, (i.e. eager seller) and you have a recipe for a successful tear down and build scenario. Sadly, the result is often the loss of a unique, finely made home that contributed to the beauty and fit the context of the neighborhood. In its place, often comes modern cookie-cutter construction, built to maximum size with minimum amenities. There are no regulatory protections in place to prevent this scenario from happening over and over again throughout our neighborhoods. The higher the density of the underlying zoning, the greater the pressure, or allure, from the developers' point of view.

Each time this scenario is about to play out, neighbors rally, acutely aware of what's at stake. In vain they look to our Town planning staff and volunteer boards for assistance. They begin to wonder why the potential for this occurrence wasn't anticipated. Why is there such seeming indifference towards protecting what they know to be the key assets of our community? They are told that they can participate in "design review" of the new project,  but as this process proceeds they find their influence often limited to superficial aspects of the design of the new building, such as colors or siding materials. The major decisions seem to have already been made by others, elsewhere. These decisions were in fact dictated by rules and regulations already in place, financial considerations and a deference to the rights of the land owner to maximize profit with minimal effort. 

Finding themselves in this situation, citizens often realize that the one remaining regulatory mechanism available to them is the establishment of a Local Historic District. In the best of circumstances, an LHD would be created organically, with plenty of time and care, based on a realization by homeowners and preservation officials of the value of protecting worthwhile properties. This has not been the case in Brookline, where LHD's have become the de facto planning mechanism for neighborhoods who can muster the organization and will to save themselves. We are now hearing from our preservation and planning staff that they are overburdened, they cannot handle another LHD. This is extremely ironic, given the fact that the plethora of LHD's is a symptom of the lack of proactive planning to begin with. Spontaneous, neighborhood lead LHD organizing efforts represent a grass-roots movement to deflect the rapacious churning under of our cultural and built heritage, and yet we do not seem able to commit the necessary resources to facilitate this effort. What does this say about the Town's ability to be stewards of our community?

What we are seeing played out in this drama is the classic conflict between use value and exchange value. It is really helpful to understand this distinction, for it colors every decision we make about planning and zoning. Our culture and laws seeks a precarious middle road between the two and depending on your perspective you likely value one over the other. The use value of real estate is what everyone who owns a home and lives in it enjoys. They choose their home because of the particulars of the structure as well as purchasing a share in a neighborhood, town, community, school district, etc. with a certain set of assumptions about what that means. They love the look and feel of the street they live on, the park across the street, access to Brookline schools, or their proximity to the T, etc. All of these things factor into the value of their home, both to them and to any one else looking for a place to live. If the park across the street were suddenly paved for a parking lot, their property would lose value. Their homes' value remains anchored to its current use as a home.

The exchange value of a property however is something else all together, and because of the disparity between the size, scale and form of existing structures and the generous and general standards in our current zoning ordinance, the exchange value of a property is inflated significantly. This gives the owner who does not value the use value, (i.e. they don't live there) a strong incentive to want to tear down and build big. Now, buying the land, tearing down and building new is not cheap, so the developer feels they must max out the sites' potential to get a decent return.

The problem with all this is that an essential conflict of interests has been created. Maximizing the exchange value by one individual reduces the use value of the remaining properties on the block or in the wider community. That "look and feel" of the street that you bought into when you purchased your home is no longer there.  If you believe that that the beautiful historic architecture contributes to the desirability of Brookline as a place to live, then its destruction diminishes the value of housing in Brookline. The private actions and gains of a single land owner has caused negative impacts to ripple out into the community. Zoning is meant to prevent this. Planning boards are meant to act on behalf of the public to protect their interests, to help balance the equation between the maximizing of exchange value and maintenance of use value.  It is entirely possible to have regulations in place that would be fair to both parties while giving better guidance on form, size, scale, setback, on-site amenities, etc. generating better results.

Beyond the "out of scale" etc. issues there is of course the sad fact of tearing down one-of-a-kind craftsmanship and solid, beautiful structures. It is just not possible to build such quality today. Why would it make sense to send it to the landfill? Just look closely at some of the new construction around town and ask yourself if it looks like it will still be viable in 100 + years? We cannot afford to waste these precious resources. It doesn't make sense. Not from an energy point of view, not from a resource and materials point of view, not from a cultural heritage point of view. This level of craftsmanship will never be created again, why throw it away as if it is of no value? And yet, we have no way of "internalizing" this external cost. This thing of great value, (the exquisite craftsmanship and beauty of the historic home's interior and exterior features) has no value in the equation. Unless the developer has sufficient vision and understanding to realize that potential buyers will value and therefore pay a premium for this quality, they are likely to choose quantity over quality for their building plans.

The LHD mechanism may be, in some cases a clumsy and ill suited "planning" mechanism.  Adaptive re-use is a positive. Large single family houses may not be practical for many of today's smaller families and adding additional housing units without tearing down existing structures seems like a good idea. Shifting demographics will create the need for a range of housing alternatives, such as assisted living, co-housing, group living structures,  live/work spaces, commercial space, etc. Proactive planning for better neighborhood design need not preclude these options.

In the meanwhile, I hope you will let your voice be heard if you value these homes and their contribution to our community. Speak out about what their destruction will mean to you and your neighbors.