City Council - Planning Development & Transportation Committee Hearing on Dockets #1632 and #1718

Date: November 18, 2025 at 10:00 AM Governing Body: Boston City Council - Committee on Planning, Development, and Transportation Type of Meeting: Public Hearing Attendees:

Councilors: Sharon Durkan (Chair), Henry Santana, Ruthzee Louijeune, Liz Breadon, Edward Flynn, Brian Worrell, Julia Mejia, John Fitzgerald, Gabriela Coletta Zapata
City Staff: Kathleen Onifer (Boston Planning & Development Agency), Devin Quirk (Boston Planning & Development Agency), Will Cohen (Boston Planning & Development Agency)
Panelists: Melvin Aviar Jr. (Greater Boston Association of Realtors), Jackie McCarthy (Greater Boston Real Estate Board), Jesse Kanson-Benanav (Abundant Housing Massachusetts), Wani Pashkual (Boston Society for Architecture), Jillian Wall (Reframe Systems), Lynn Sanders (Dorchester Growing Together), Anthony Flint (Lincoln Institute of Land Policy), Brandon Stanaway (Allston Brighton Housing Action), Josh Zakim (Housing Forward Massachusetts)
Public Testimony: Fred Watts, Dillon Kelting, Hayden Seeger, Elvira Mora, Eva Strauss, Craig Martin

Executive Summary

The hearing addressed Dockets #1632 and #1718, focusing on legalizing triple-deckers, two-to-four unit housing, and Accessory Dwelling Units (ADUs) citywide. Councilors and panelists emphasized the urgent need for zoning reform to address Boston's housing crisis, highlighting the historical context of restrictive zoning and its impact on affordability and displacement. Discussions centered on streamlining the permitting process, expanding housing supply, and ensuring equitable access to homeownership and affordable rental options, while acknowledging community concerns regarding neighborhood character and parking.

Docket #1632: Order for a hearing regarding legalizing triple-deckers and other two to four unit housing in the city of Boston.

Sponsors: Councilors Henry Santana, Sharon Durkan, Enrique Pepén Referral Date: September 10, 2025

Docket #1718: Order for Hearing Regarding Legalizing Accessory Dwelling Units in Every Neighborhood in the City of Boston.

Sponsors: Councilors Henry Santana, Sharon Durkan, Enrique Pepén Referral Date: September 24, 2025

Opening Statements by Councilors

Councilor Sharon Durkan (Chair):
- Stated the hearing's purpose: to address Boston's housing crisis through zoning reform.
- Cited the Greater Boston Housing Report Card, indicating Boston has one of the tightest and most expensive rental markets.
- Emphasized that current zoning is "far longer, more restrictive, more inefficient than those of comparable cities."
- Advocated for legalizing triple-deckers, two-to-four unit homes, and ADUs "as of right" to increase density, especially near transit.
- Noted that ADUs are legal by right in every other community in Massachusetts.
- Thanked the Planning Department, community advocates, and experts for their participation.
- Expressed a desire to "push beyond the contours of what exists" in neighborhood character.
Councilor Henry Santana (Lead Sponsor):
- Highlighted housing affordability as a top concern for Bostonians, with costs "well over double the national average."
- Described ADUs as a form of affordable housing supporting intergenerational living, at-home care, downsizing, or renting.
- Noted that Boston is the only city in Massachusetts where ADU construction is not "by right" due to a discrepancy between city and state zoning, making it "complicated and expensive."
- Mentioned that only Mattapan currently allows ADUs by right.
- Emphasized triple-deckers as an "iconic" and affordable method for homeownership, particularly for immigrant and multi-generational families.
- Stated that current zoning codes are pushing triple-deckers "towards becoming a thing of the past."
Councilor Enrique Pepén (Co-Sponsor):
- Stressed the importance of developing housing and making it easier to build.
- Described triple-deckers as the "epitome of what housing looks like in the city of Boston," representing multi-generational and multicultural families.
- Expressed a desire to ensure future generations can own homes in Boston without difficulty.
- Referenced his experience with a successful rezoning process in his district.
Council President Ruthzee Louijeune:
- Supported the dockets as crucial for addressing the housing crisis.
- Proudly supported "Plan Mattapan," which made ADUs permissible by right, noting its positive impact on Black homeownership and seniors aging in place.
- Stated that ADUs often serve as "naturally occurring affordable housing" below market rate.
- Emphasized the need to "take some pressure off of the housing market" by building triple-deckers, which have historically housed immigrant families.
Councilor Liz Breadon:
- Acknowledged the housing crisis and the need for affordable housing for diverse residents.
- Highlighted the "missing in the middle gap" in housing for working families and city workers who are not eligible for subsidies or earning high incomes.
- Referenced the historical context of triple-deckers becoming illegal due to "anti-immigrant sentiment."
- Viewed triple-deckers as a "wonderful solution" for intergenerational families.
Councilor Edward Flynn:
- Expressed interest in the conversation and thanked panelists.
- Requested a discussion on supporting residents in Boston Housing Authority, particularly regarding older buildings.
Councilor Brian Worrell:
- Identified as a "pro-growth, pro-people advocate" and "big homeownership advocate."
- Noted issues with ADU implementation in Mattapan, specifically regarding parking requirements and the need for variances.
- Emphasized the importance of aligning zoning codes to ensure a smooth process for ADU legalization.
Councilor Julia Mejia:
- Prioritized housing stability.
- Shared personal experience growing up in a triple-decker with multiple families, highlighting its role in housing security.
- Acknowledged "racial redlining" as a factor in preventing triple-decker construction.
- Expressed interest in "restorative justice" and pathways for people of color and low-income individuals to own homes.
- Questioned how to "course correct" for residents who have already converted basements or attics without proper legalization.
Councilor John Fitzgerald:
- Stated a desire to "figure out" housing solutions, including triple-deckers and ADUs.

Presentation by Boston Planning & Development Agency (BPDA)

Presenters: Kathleen Onifer, Devin Quirk, Will Cohen
Key Points:
- Zoning Code Complexity: Boston's zoning code is "entirely overly restrictive." 99% of homes in residential zones cannot be rebuilt today without a variance.
- Historical Context:
  - Before 1924: No zoning.
  - 1924-1960s: First zoning code, many neighborhoods zoned for 2.5 stories, effectively prohibiting triple-deckers.
  - 1960s onward: New zoning code, followed by neighborhood-specific overlays in the 1980s-2000s.
  - 60% of small-scale buildings (2-6 units) were built before any zoning.
  - Only 10% of small-scale buildings were built after the 1960s zoning code.
- Triple-Deckers: Exist in every neighborhood outside the downtown core, demonstrating their historical presence and multifaceted nature.
- Mismatch Analysis: Analysis of six key zoning rules (number of units, minimum lot size, setbacks, floor area ratio) shows that "almost entirely yellow" areas on the map indicate a mismatch in at least one rule.
  - Purple Areas (Mattapan, East Boston): Rezoned through "Plan Mattapan" and "Plan East Boston," significantly reducing the mismatch.
  - Pink Areas (Roslindale, Hyde Park, West Roxbury): Active work on neighborhood zoning in these areas, which are the focus of the first phase of this initiative.
- Impact of Plan Mattapan:
  - Created zoning districts with better alignment to existing structures.
  - Enabled ADUs "by right."
  - Reduced the need for zoning variances: 90% of small-scale renovations and maintenance projects can now get permits without zoning relief, compared to 50% or more previously.
  - Examples of "by right" projects: adding an additional unit (e.g., basement conversion, modification, detached structure), exterior renovations, accessibility ramps.
- ADU Guidebook:
  - Developed by the Planning Department in collaboration with other city departments.
  - Available in print at BPL branches and online.
  - Provides architectural inspiration and 12 schemes for ADUs, ranging from repurposing existing buildings to detached structures.
  - Aims to provide an "architectural understanding of what we need to change zoning to to actually enable this kind of incremental housing growth."
- Financial Assistance: The Boston Home Center (MOH) offers competitive financial assistance loans for ADU construction.
  - As of September 12, 2025, 226 ADUs have been permitted citywide (including basements, additions), though not all are completed.
- Zoning Reform Goal: To change the "box" of zoning regulations to be "bigger, taller," and more flexible to accommodate existing housing and reasonable modifications for renovations and ADUs.
- Timeline:
  - Current: Outreach, public meetings, office hours, meeting with community organizations.
  - Next Year (Spring): Mapping sessions with neighborhoods to develop new districts.
  - 2026: Aim to deliver Phase 1 (Roslindale, Hyde Park, West Roxbury) and the Allston-Brighton community plan rezoning.
  - 2027: Move to Phase 2 of neighborhoods.
- Neighborhood-by-Neighborhood Approach: Used to engage residents more effectively, as they "tune in when they hear their neighborhood name."
- Citywide Districts: Aim to create citywide district templates that respect neighborhood character but avoid replicating complex, minor differences.
- Expediting Affordable Housing: Executive Order has cut permitting time for affordable housing by 25-30%, but the goal is 50%. Zoning reform can further reduce this by making more housing "by right."
- Housing Production Numbers: Boston approves housing rapidly, but getting it built is a separate challenge.

Councilor Questions and Panel Responses

Councilor Durkan:
- Question: How does this work push beyond the current look of the neighborhood? How much political capital is the administration willing to invest in bolder changes?
- Response: BPDA is planning and zoning for growth in Allston-Brighton, including 6-14 unit housing. A guidebook for 6-14 unit housing is being developed. Key principles include legalizing existing housing to prevent displacement and exploring townhouses for homeownership. The goal is to make zoning enforceable and constrain discussions to appropriate proposals.
Councilor Santana:
- Question: How to balance "getting it right" with the urgency of the housing crisis? What is the timeline for citywide implementation? Why a neighborhood-by-neighborhood approach?
- Response: Aim for Phase 1 and Allston-Brighton rezoning in 2026. Phase 2 in 2027. Neighborhood approach is for better community engagement; citywide districts will be developed. Data tracking will allow for adjustments.
Councilor Pepén:
- Question: Will this streamline the zoning book and make it less complicated? Will it streamline projects stuck in ZBA?
- Response: Yes, it will make the zoning code easier to understand and use, eventually leading to fewer pages. It will address about 20% of current ZBA caseload. The use of citywide districts will reduce complexity. Mapping sessions are planned for spring 2026.
- Question: How to ensure BIPOC homeowners benefit? What kind of funding is available from the Boston Home Center?
- Response: MOH offers loans and financial assistance. The goal is to make the process more systematic and efficient, reducing costs for homeowners.
Council President Louijeune:
- Question: Has the city considered a vetted contractor list or standardized scopes of work for ADUs? How to support small and local developers, especially BIPOC developers?
- Response: MOH is exploring prefab options and pricing partnerships. Zoning rules need to be in place first. The 6-14 unit guidebook study is interviewing small developers to understand obstacles.
- Question: Is the city looking at reducing residential parking minimums in conjunction with ADU legalization? How will ADUs affect parking pressures?
- Response: Parking is a complex issue. Some areas have space for parking, others are transit-rich. The team is studying the "thorny middle" areas. Parking minimums will be discussed at a December hearing.
- Question: Do cost estimations for homeowners include expenses like stairs, dormers, waterproofing, and fire department requirements?
- Response: MOH office hours help explain cost tradeoffs. Basement/attic conversions are more affordable. The 6-14 unit guidebook study will better understand thresholds for fire and building codes.
Councilor Breadon:
- Question: Do ADUs require owner-occupancy?
- Response: Currently, Boston requires owner-occupancy for ADUs, but the state does not. The city is looking to align with state policy.
- Question: Are we exploring prefabricated construction for triple-deckers?
- Response: Hopeful that updated zoning and citywide standards will encourage prefab. Acknowledged challenges with tight infill conditions in Boston.
- Question: Are SROs (Single Room Occupancies) being considered as a housing option?
- Response: Yes, SROs are being studied as part of the 6-14 unit guidebook. Lodging houses are allowed in "squares and streets" districts.
Councilor Worrell:
- Question: What is the range of costs for ADUs and the dollar amount of city assistance?
- Response: Costs vary widely. City assistance is a combination of loans and grants, with repayment burning off with homeowner occupancy.
- Question: How is the city coordinating with ISD to expedite permitting, especially for affordable housing?
- Response: Permitting time for affordable housing cut by 25-30%. The goal is to make more housing "by right" to eliminate ZBA delays. Work is ongoing to shift from proponent-driven to city-driven permitting.
- Question: Can the BPDA provide housing production numbers per square mile compared to other cities?
- Response: Yes, the BPDA has these numbers. Boston approves housing rapidly, but construction is another challenge.
Councilor Mejia:
- Question: What is the projection for potential ADU and triple-decker units added citywide?
- Response: This initiative is less about massive growth and more about appropriate regulatory code. In Mattapan, 1 two-unit infill and 7 additional units were added in 1.5 years.
- Question: Are there considerations for affordability of ADUs, such as income restrictions or encouragement for keeping units affordable?
- Response: Making the process easier reduces costs. No income restrictions are currently planned for ADUs.
- Question: What about residents who have already legalized basements/attics? Do they have to start over?
- Response: Everyone benefits from updated zoning. Residents are encouraged to proceed with their plans, as they will benefit once the zoning passes.
Councilor Fitzgerald:
- Question: Are there state numbers on positive trends from ADU legalization?
- Response: The state issues a report, but Boston is an outlier due to its size and focus on attached/internal ADUs.
- Question: What is the technical difference between "addition/expansion" and "additional unit"?
- Response: Addition/expansion refers to expanding the size of a building (e.g., new living room). Additional unit refers to reconfiguring space to create a new unit.
- Question: Are there concerns about abutters' rights being diminished with "as of right" development?
- Response: Discussions are ongoing with ONS and the permitting reform team about "good neighbor meetings" and improved notification systems.
- Question: How to address concerns about large multi-family developments changing neighborhood character in areas with single/two-family homes?
- Response: This is a key question in Allston-Brighton. The 6-14 unit study is exploring how to make these developments ownership products. An enforceable zoning code can constrain discussions to appropriate proposals.

Panel Discussion with Community Organizations and Experts

Jesse Kanson-Benanav (Abundant Housing Massachusetts):
- Critiqued the slow pace of ADU legalization in Boston compared to the state.
- Noted that the state has passed comprehensive ADU legalization, while Boston still lags.
- Emphasized that Boston is not a unique outlier; other dense cities in MA are implementing ADU legalization.
- Cited polling data: 81% of Boston residents want 30,000 new homes, 80% support ADUs, and 77% support Cambridge-style six-story buildings.
- Advocated for expeditious implementation of policies.
Jillian Wall (Reframe Systems):
- Highlighted off-site modular construction as a tool for infill sites.
- Stated that a triple-decker in Somerville was set in 4.5 days, significantly reducing on-site construction time.
Anthony Flint (Lincoln Institute of Land Policy):
- Described triple-deckers as an "elegant and practical response" to housing needs, representing "gentle density."
- Identified 5,000 parcels in Boston that could accommodate this type of housing.
- Stated that triple-deckers are a "treasure" and "quintessentially Boston."
Melvin Aviar Jr. (Greater Boston Association of Realtors):
- Observed Boston's transformation and the shift of triple-deckers from generational homes to condos due to lack of real estate.
- Cited other cities (Seattle, Chattanooga, Boise, Minneapolis, New York, Florida, California) that have adopted zoning reforms for ADUs.
- Shared personal experience of his family's multi-generational ownership of a triple-decker.
- Emphasized that Boston is the highest-priced city for single-family homes and rentals due to supply and demand.
- Advocated for replacing burnt-down triple-deckers and utilizing vacant city-owned lots.
- Stressed the importance of training young people in trades to control labor costs and expedite permitting.
Wani Pashkual (Boston Society for Architecture):
- Emphasized the importance of quality homes and addressing the deterioration of older triple-deckers.
- Discussed the potential for green materials and efficient building practices.
- Highlighted the "economies of scale" for scattered site approaches to triple-decker construction.
Jesse Kanson-Benanav (Abundant Housing Massachusetts):
- Referenced academic research (Neighborhood Defenders) showing that community meeting attendees are disproportionately wealthier homeowners opposed to new housing.
- Advocated for using scientifically valid polling to gauge community input.
- Stated that the "character of our city and of our neighborhoods is created by the people that live in it, not the buildings."
- Argued that the current housing shortage leads to displacement of essential workers.
Josh Zakim (Housing Forward Massachusetts):
- Applauded the bold action on legalizing multi-family housing.
- Stated that much of Boston's zoning is based on "exclusion, racism, classism, xenophobia."
- Advocated for making housing "as of right" to reduce time and costs associated with discretionary approval.
- Called for more significant zoning changes, similar to the elimination of parking requirements for affordable projects.
Councilor Breadon:
- Expressed concern about young families leaving Boston due to housing costs and competition with student housing.
- Noted that housing shortages incentivize speculative investment, making it difficult for ordinary families to buy homes.
- Questioned how to fund middle-income housing, suggesting a transfer tax.
- Argued that high permitting costs are passed on to renters/buyers and incentivize smaller units.
Councilor Durkan:
- Highlighted the issue of housing as a top concern for both conservatives and progressives due to its impact on Massachusetts' competitiveness.
- Shared an anecdote about a constituent complaining about a new building, followed by another expressing inability to afford living in the city.
- Stated that the city needs to be "bolder" and allow more things "as of right."
- Mentioned that some large developers own land where housing is a "forbidden use," particularly in Allston-Brighton.
- Cited the success of making housing an allowed use in the Bullfinch Triangle, leading to three proposals within three months.
Councilor Mejia:
- Asked how to assure historically Black and Brown people that they won't be displaced by these changes.
- Advocated for applying studies and changes to all of Boston, not just already expensive areas.
- Emphasized that the historical model of triple-deckers supported intergenerational living.
- Stated that people are the character of the city, and everyone benefits when everyone can stay.
- Expressed concern about the "not in my backyard" syndrome and the need to center the voices of those most impacted.

Public Testimony

Fred Watts (Dorchester, Abundant Housing Massachusetts):
- Supported both reforms, viewing ADUs and triple-deckers as "natural nests" for extended families that anchor neighborhoods.
- Argued for "liberty" in property use and "pragmatism," as ADUs cause less disruption than larger developments.
Dillon Kelting (Beacon Hill):
- Supported the items and encouraged the council to "push forward and push further as soon as possible."
- Noted that Beacon Hill, built before zoning, is dense and beautiful.
Hayden Seeger (Back Bay):
- Stated that Back Bay cannot be built today due to zoning laws.
- Argued that ADUs are a "community thing" for family members.
- Emphasized that housing is the number one problem, and ADUs are a necessary tool.
Elvira Mora (Boston, Abundant Housing Massachusetts):
- Shared personal story of growing up in a triple-decker and having an ADU built, highlighting the previous difficulty of the process.
- Stated that her immigrant parents achieved homeownership and the "American dream" due to density.
- Advocated for immediate action to cut red tape and regulations.
Eva Strauss (Jamaica Plain):
- Supported the reforms, hoping to keep Jamaica Plain affordable.
Craig Martin (Hyde Park Neighborhood Association):
- Expressed concern about "unreasonable construction" and getting rid of setbacks.
- Argued that zoning is for "safety and to ensure quality of life," citing fire risks.
- Worried about federal hedge funds buying up single-family homes, leading to displacement and increased rents.

Closing Statements by Councilors

Councilor Sharon Durkan (Chair):
- Reiterated the need for bolder action and investment in the city.
- Stated that "development displaces, but the lack of development also displaces."
- Emphasized that the city needs to decide "who our city's for."
- Expressed a desire for fewer variances and more "as of right" development.
- Called for thinking about the future of the city and addressing brain drain.
Councilor Henry Santana:
- Thanked panelists and administration.
- Reaffirmed focus on ensuring people can stay and thrive in Boston through affordable housing.
- Viewed triple-deckers and ADUs as additions to the "toolbox" for addressing the housing crisis.
- Called for acting with "more urgency."
Councilor Enrique Pepén:
- Emphasized learning from past mistakes and moving towards a "brighter direction."
- Stated that these topics require "courage" from elected officials.
- Highlighted the importance of hearing from those who cannot attend meetings.
- Viewed ADUs, triple-deckers, senior housing, and rezoning as "all part of the solution."
Councilor Julia Mejia:
- Echoed the sentiment that those most impacted are often the least heard.
- Advocated for accurate accounting of who attends meetings and ensuring all voices are heard.
- Stressed that housing insecurity is traumatic.
- Emphasized "all means all" and building with intentionality to ensure nobody is left behind.

Outcome: The hearing on Dockets #1632 and #1718 will remain in committee.

Podcast Summary