A Response from Rep. Livingstone on PLAN: Downtown

The following is the testimony that Rep. Livingstone provided on September 18, 2025 to the Boston Planning and Development Agency (BPDA) Board as it considered for approval Boston’s PLAN: Downtown Zoning proposal:

My name is Jay Livingstone and I serve as the State Representative for the 8th Suffolk District, which includes the Boston neighborhoods of Beacon Hill, Back Bay, the West End, and the Fenway. The district also includes two of Boston’s most iconic landmarks, the Boston Common and the Public Garden.

I am here to ask that you reject the proposed draft zoning plan and rework it because the current plan could result in depriving the Boston Common and Public Garden of crucial, needed sunlight. Moreover, a strong coalition created a workable plan to double current zoning heights except at critically sensitive areas more than a year ago that could be used instead to meet the goals of this zoning without the negative impacts on the parks.

I understand that only elected officials are allowed to speak during this hearing, so I am testifying today not only on behalf of my office, but also on behalf of many constituents and stakeholders. The Beacon Hill Civic Association, the Neighborhood Association of Back Bay, the Fenway Civic Association, Revolutionary Spaces, the Freedom Trail Foundation, and, most importantly, the Friends of the Public Garden have asked me to object to this zoning proposal on their behalf. I have also uniformly heard objections from my constituents on this proposal. I speak for all of them, particularly as they are not allowed to speak at this meeting.

First, I want to express why the Boston Common and Public Garden are so important. Both are iconic parks that are intertwined with Boston’s identity. When Boston is shown on national tv, it is very commonly an image of one of these two parks. Visitors travel from around the world to visit the Boston Common, America’s first public park, and the Public Garden, one of the most beautiful parks in the world. The parks are also enjoyed as public green spaces by thousands of residents and visitors daily.

I am lucky enough to use the parks daily - typically on my commute walking to the Statehouse from Back Bay through the Public Garden and Boston Common. And, my family, like so many others, are constantly using the parks for soccer, baseball, and other outdoor recreational activities. The first time I saw my oldest son walk on his own, it was to chase a ball on the grass in the Public Garden. My experiences are not unique, these spaces are part of our lives, which is why I work so hard as a state representative to preserve them.

I want to thank Mayor Wu for the time and effort that she has personally spent on this proposal speaking with these stakeholders and other individuals to understand their concerns. I am never surprised and always appreciate the Mayor’s hands-on approach to receiving community input.

That said, unfortunately, I fear the proposed plan will allow development that will have a significant detrimental impact on the Boston Common and Public Garden, particularly the heights the plan would allow on Washington Street and Park Plaza. If this zoning proposal is approved, it will be permanent and available for additional development projects for Mayor Wu and for future administrations - whether or not future Mayors respect and appreciate parks, like our current Mayor does.

Because of that, I oppose this plan. The zoning is currently 155 feet along these streets to allow the maximum sunshine for the grass, trees, and flowers of the Boston Common and Public Garden. As I mentioned, I understand that this could be doubled to 300 feet while maintaining that same level of protection. The zoning proposal, however, would allow development up to 500 feet and up to 700 feet in places, which could negatively impact these treasured green spaces significantly.

I know that the zoning plan specifically references the State Shadow law as a limit on this height. This is not enough. While the State Shadow law was a novel limitation in our state to protect the Boston Common and Public Garden, it has proven to be porous at times and has not always provided the protection anticipated. It is a document that was heavily negotiated in a political process decades ago and contains numerous exceptions. It is not true that it will present the backstop of protection that is claimed. If you want to protect sunlight on the Boston Common and Public Garden, you have to oppose this proposal as it is currently written.

Indeed, this zoning process came out of the last fight about the Shadow Law. It was hoped that this zoning process would allow more downtown development while providing more guarantees for sunshine for the Boston Common and Public Garden. Instead, if you approve this zoning proposal, the process will result in the greatest threat to the Boston Common and Public Garden have ever faced.

There is a better way and Mayor Wu has creatively shown that to us throughout different projects in Boston. I also represent the Back Bay Fens in the Fenway Neighborhood. The area around the Fens has faced increasing development pressure. Mayor Wu wisely instructed the Parks Department to conduct a thorough study on the Back Bay Fens plant and animal life and how residents and visitors use the park. I understand the report that resulted will be used to determine in a fair and thoughtful way whether future proposed development will or will not negatively impact the park to determine whether it should be approved. That thoughtful, data driven approach should (and could) be replicated here.

The Friends of the Public Garden several years ago produced a similar model for the development around the Boston Common and Public Garden called the “Sunshine model”. The Sunshine model would allow more development in certain places than the proposed zoning and less development in others. But it would guarantee future sunshine on green spaces of the Boston Common and Public Garden so that they can be enjoyed for generations to come.

I urge you to reject this zoning proposal and instead work towards a framework along the lines of the Sunshine Model that will secure our parks for generations to come.

Thank you for your time and consideration of my comments.

Reader’s note: The BPDA board only allowed elected officials the opportunity to speak on the plan.