Zoning Board of Appeal

October 28, 2025
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Zoning Board of Appeal Meeting Minutes

Governing Body: City of Boston Zoning Board of Appeal Meeting Type: Public Hearing Meeting Date: October 28, 2025, at 09:30 AM Attendees: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)

Executive Summary: The Zoning Board of Appeal convened to address a range of zoning matters, including the approval of past meeting minutes, extension requests, and several Board Final Arbiter cases. Key discussions involved the removal of provisos for cannabis establishments, minor modifications to approved projects, and the approval of a significant multi-family development at 22 Pratt Street. The Board also heard and voted on numerous recommendations from subcommittees and individual hearing cases, including a contentious interpretation case regarding the use classification of 5 Redlands Road, which was ultimately approved as a congregate living facility. Another significant interpretation case concerning 153rd Avenue was also approved, despite strong community opposition regarding its use as permanent supportive housing.

Approval of Hearing Minutes

  • Motion: To accept the minutes from October 7, 2025.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Extension Requests

  • Cases Reviewed:
    • BOA.1261925, 150 Neyland Street
    • BOA.1345655, 11 Spring Garden Street
    • BOA.1266935, 144-162 Charles Street
    • BOA.1298301, 17 Warren Place
    • BOA.1477573, 28A Reedlawn
    • BOA-134-9982, 1318 River Street
    • BOA-1484717, 229-233 Bowdoin Street
    • BOA.1538261, 215-217 Brighton Avenue
  • Motion: To grant the extensions as requested for all listed cases.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Board Final Arbiter Cases

Case BOA.1298430, 717 [Street Name Not Provided in Transcript]

  • Applicant Representative: Mike Ross, Prince Lobel
  • Summary: Request to remove a proviso from a 2022 decision stating "relief granted to this by this decision is for this applicant only." The current applicant, Sia Samura, an apprentice, is starting his own product manufacturing company and leasing a portion of the existing cannabis establishment. No physical changes to the facility are proposed.
  • Motion: To approve the removal of the proviso.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA-911-768, 1524 VFW Parkway

  • Applicant Representative: Mike Ross, Prince Lobel
  • Summary: Request to remove a proviso from a 2022 decision stating "relief granted by this decision is for this petitioner only." The petitioner, doing business as Duchess Cannabis, is purchasing the cannabis establishment from Beacon Compassion Inc. The Boston Cannabis Board approved the application on September 24th. No physical changes are proposed, other than signage.
  • Motion: To approve the removal of the proviso.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA-144-3137, 43-45 Stamford Street

  • Applicant Representative: Mike Ross, Prince Lobel
  • Summary: Request for a minor modification to an approved 14-unit, 16-parking space project (approved June 28, 2024). The modification seeks to reduce the number of parking spaces from 16 to 15 due to the relocation of a handicap parking space under the building, as a result of the Boston Planning design review process. The handicap space is preserved and moved to a more accessible location.
  • Motion: To approve the minor modification.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1476876, 246 Hog Street

  • Applicant Representative: Richard Lins, 245 Sumner Street, East Boston; Eric Zacherson, Context (Project Architect)
  • Summary: Request for a minor modification to a previously approved (2024) nine-unit multifamily residential building. The modification involves incorporating an additional second means of egress for a proposed roof deck above the fourth level, as required by ISD. The change does not alter the building's footprint or overall zoning height and remains within the approved envelope.
  • Motion: To approve the modification.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Recommendations from Subcommittee Meeting (October 23rd)

  • Cases Reviewed:
    • BOA.1720663, 14 Monument Court: Approved.
    • BOA.1763426, 200 State Street: Approved.
    • BOA.1763426, 2978, 152 Canal Street: Approved to remove the proviso of appearing in front of BPD for screening and offering review with an expiration date of four years.
    • BOA.1773004, 113-129 Seaport Boulevard: Withdrawn.
    • BOA-1759625, 604 East 3rd Street: Approved.
    • BOA.1746157, 70 Charles Street: Approved.
    • BOA.1747232, 10 Marmion Street: Approved with planning department design review on the size and dimensions of the drama.
    • BOA-1757199, 8 Sylvester Road: Approved.
    • BOA.1756052, 83-85 Cornell Street: Approved.
    • BOA.1769103, 26 Windham Street: Deferred until November 6th at the next subcommittee meeting.
  • Motion: To approve all recommendations as presented.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Hearings Scheduled for 9:30 AM

Case BOA.1653647, 38 Fenway

  • Applicant Representative: Justin Burns, Pulgini & Norton
  • Summary: Request for a deferral to implement design changes based on community feedback and allow ISD review.
  • Motion: To defer this case until December 9th.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.173319, 22 Pratt Street (Article 80 Case)

  • Applicant Representative: Chris Ranier, Goulston & Stores; Matt McCollum, Heinz; James Gray, Stantec
  • Summary: Proposed 318-unit multifamily project in Allston, including 17% (54 units) on-site affordable units (50-70% AMI) and 27% two and three-bedroom units. The project features substantial publicly accessible open space, a dog park, and a new Blue Bike Station. It is an all-electric design targeting LEED Gold and Passive House certifications. Variances are sought for multifamily use, FAR, building height, and setbacks due to the irregular site and design changes. The project was approved by the BPDA in June 2024 and the Boston Civic Design Commission.
  • Public Testimony:
    • Connor Newman (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting the extensive community process, IAG meetings, and support from the Allston Civic Association and Allston Green project developer.
    • Anthony Desidoro (Allston Civic Association): Supported the proposal, highlighting the need for accessible and affordable housing, publicly accessible open space, and the emphasis on two and three-bedroom units to address undergraduate student housing issues in the area. Stated, "This proposal provides badly needed housing that is accessible and affordable and it transforms the site into a hopefully vibrant mixed-use neighborhood."
    • Maynard Perez (Union Carpenters): Supported the project, commending the developer for navigating a long process.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1760425, 809-821 Beacon Street

  • Applicant Representative: Larry Baker, Owner of Priority Parking
  • Summary: Request for a conditional use permit renewal for an existing parking lot. The operation has been in place for over 30 years with the same owners and operator. No changes to operations, capacity, or hours are proposed. The applicant is willing to maintain the five-year proviso for review.
  • Public Testimony:
    • Siggy Johnson (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting the completed community process, seven letters of support from abutters, and one letter of opposition.
    • Sandeep Karnak (16 Miner Street, direct abutter): Opposed the renewal, citing ongoing harms including construction staging with diesel generators, unstriped parking against facades, drainage failures, security and graffiti issues, and event night queues. Requested specific conditions if approved, such as a continuous physical buffer, a stamped fire department access plan, quiet zone/no idling, and a BTD-approved circulation plan. Stated, "The harms are ongoing and documented."
    • Sam Courage (Councilor Sharon Durkan's Office): Non-opposition, appreciating the proponent's communication and willingness to return every five years. Suggested conversations around lighting to address neighbor concerns.
    • Dolores Bogdanian (Audubon Circle Neighborhood Association President, 452 Park Drive): Acknowledged the applicant's willingness to be a good neighbor but recommended keeping the proviso, possibly reducing it to two or three years. Suggested adding at least two EV parking spaces and prohibiting construction staging/parking on the lot.
  • Discussion: Confusion arose regarding the Planning Department's recommendation for "denial" and the nature of the motion. Jeff Hampton (City of Boston Planning Department) clarified that the Planning Department supports a five-year extension of the sunset clause and conditional use permit, recommending denial only if the proviso were to be removed entirely.
  • Motion: To approve the conditional use permit with a five-year proviso.
  • Outcome: Approved (6-1)
    • Votes For: Norm Stembridge, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: Giovanny Valencia (expressed concern about the long-term plan for the site)
    • Abstentions: 0

Case BOA.1748157, 239R Beach Street

  • Applicant Representative: Justin Burns, Pulgini & Norton; Jason Dolvane, EcoBuild
  • Summary: Proposal to construct a new three-story single-family dwelling to the rear of 239 Beach Street. The dwelling will have four bedrooms, two parking spaces, and be an energy-efficient Passive House designed by EcoBuilt. Access will be via the existing driveway off Beach Street.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting a well-attended abutters meeting with support and clarification that access would remain on Beach Street. Six letters of support were received.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1721875, 37 Bexley Road

  • Applicant Representative: Timothy Burke, Architect, 142 Berkeley Street
  • Summary: Request to legalize the existing use of the structure as a three-family dwelling. Minor work will be done to make it code compliant in terms of egress. The building has been taxed as a three-family for 40 years. Exterior stairs will be removed. The units will be a 3-bed/2-bath (1,100 sq ft), a 2-bed/1-bath (895 sq ft), and a 2-bed/1-bath (842 sq ft).
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with one supporter and inquiries about trash/construction. No further community feedback.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1718701, 41 Hollingsworth Street

  • Applicant Representative: Kyle Smith, Stataro Law; Edwina Nguyen, Lula Bissier, Malcolm Nguyen (Proposed Business Operators)
  • Summary: Request for relief for a forbidden use. The proposal is to convert a former HVAC operating location (Boston Standard) into an adult day healthcare center. The site consists of five parcels totaling 26,000 sq ft, with an interior area of 7,000 sq ft. The center would serve approximately 36-40 users daily, with 80% transported by business-owned vehicles. The proposed hours of operation are 9 AM to 3 PM. The applicant has engaged with the Cummings Highway Neighborhood Association and the Greater Mattapan Neighborhood Council.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with concerns about the use (adult health vs. behavioral health), potential events, traffic, and parking. Two letters of opposition were received, citing the proposal as "out of character for the quiet neighborhood."
    • Councilor Enrique PepĂ©n: Requested opposition or deferral due to concerns from residents and a letter of opposition from the Greater Mattapan Neighborhood Council. Stated, "I want to go on the record requesting either opposition or a deferral for this case just because there has been a lot of concerns from the residents."
  • Applicant Rebuttal: Kyle Smith clarified that the proposed use would significantly reduce traffic compared to the previous HVAC business (by a factor of 10). He also stated that the idea of "block parties" was not their proposal and that they have community support from neighbors and the Mattapan CDC.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1727834, 83 Hamilton Street

  • Applicant Representative: Sean Hallisey
  • Summary: Proposal to add two shed dormers to an existing third-floor residence. This will increase the FAR from 1.0 to 1.05 (maximum allowed is 0.5). The existing ridgeline will remain, and dormers will be set back 4'10" on the street side. The new third floor will add a third bedroom to the unit.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with no attendees and no concerns. The Meeting House Hill Civic Association supported the proposal.
    • Timothy Guimond (Councilor Brian Worrell's Office): Supported the project, noting appropriate civic engagement and no concerns received.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1689097, 18 Robeson Street & Case BOA.1689101, 18R Robeson Street (Companion Cases)

  • Applicant Representative: George Maranci, Attorney, 350 West Broadway, South Boston; David Freed, Chu and Company (Project Architect)
  • Summary: Proposed second dwelling building (single-family) to the rear of an existing three-family dwelling at 18 Robeson Street. The new building will be 18R Robeson Street. The proposal does not involve subdivision; the existing 13,116 sq ft lot will remain intact. The existing building requires a conditional permit for two dwellings on one lot. The proposed single-family dwelling also requires a conditional use permit for being to the rear of another dwelling. All required use and dimensional requirements (building height, setbacks, FAR, open space) and off-street parking are met. The applicant commits to a professional tree inventory and preservation plan and replacing removed trees on a one-to-one basis. Existing front yard parking will be relocated between the two buildings.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting a "very well attended, but not very well received" abutters meeting. Many abutters opposed, citing concerns about the impact of removing puddingstone, damage to historical drainage, the rocky nature of the site, and the site being "unbuildable."
    • Eric Rosenthal (Rocky Nook Terrace): Opposed the project, arguing it is "not an appropriate use of the lot." Cited concerns about destroying Puddingstone Hill, potential damage to historical drainage patterns, and risk to other houses.
    • [Speaker Name Not Provided] (Abutter): Opposed, stating "There is absolutely no housing crisis in Boston except the manufactured housing crisis." Argued the project is market rate, squeezed into an inappropriate area, and will require blasting and tree removal, leading to runoff and flooding.
    • Claire Conley (17 Rocking Oak Terrace, immediate abutter): Opposed, citing significant negative impacts to the neighborhood and her property. Expressed concern about extensive puddingstone removal and potential misrepresentations in plans regarding property line dimensions and egress.
    • Glenda Yoder (Abutter, three-family up the hill): Opposed, referencing the "statement of neighborhood opposition" and concerns about the jeopardy to a large tree on her property due to a retaining wall.
  • Applicant Rebuttal: George Maranci stated that no variances are sought, and the lot size (13,116 sq ft) is ample for four units (8,000 sq ft required). He clarified that alternatives to rock blasting exist (expansive chemical agents, hydraulic splitting, controlled foam injection) and minimal excavation is expected. He confirmed commitment to tree replacement and no degradation of egress from the front building.
  • Motion: To approve the project with provisos that a tree inventory be conducted and plans be submitted to the planning department for design review, preserving the existing tree canopy and replacing trees if needed.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1765664, 80 Smith Street & Case BOA.1765668, 100 Smith Street (Companion Cases, Article 80)

  • Summary: These cases were noted for postponement and deferral.
  • Motion: To defer these cases until November 18th at 11:30 AM for re-advertisement.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.7957, 395 West 4th Street

  • Applicant Representative: Ryan Spitz, Adams & Maranci; Sean McClory (Owner); Tim Sheehan (Project Architect)
  • Summary: Proposal to confirm occupancy as a single-family and change to a two-family dwelling. This involves interior layout changes and a two-story metal staircase in the rear for secondary egress. The parcel is in an MFR sub-district. Violations include lot area (1,500 sq ft vs. 2,000 sq ft required for first unit + 1,000 sq ft for each additional), FAR (2.2 vs. 2.0 required), rear yard (6.2 ft vs. code requirement), open space (275 sq ft vs. 400 sq ft required), and off-street parking (0 spaces vs. 1.5 per new unit). The applicant has secured four off-site parking spaces at 309 E Street.
  • Public Testimony:
    • Siggy Johnson (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting where one abutter opposed increased density without parking. The City-side Neighborhood Association took no position.
    • Ashley (Councilor Flynn's Office): Supported the project, citing a good community process and the proponent's attention to South Boston's parking crisis. Requested continued work with the community on quality of life issues during construction.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1743977, 434 Meridian Street

  • Applicant Representative: Richard Lins, 245 Sumner Street, East Boston
  • Summary: Proposal to change the occupancy of a pre-existing two-unit dwelling to four units, involving a vertical addition. The property is in an EBR 4 zone, allowing up to four stories and 50 feet in height. The proposal is zoning compliant for height, setback, and use. Violations were cited for height (applicant argues compliance with EBR4) and side yard (existing non-conformity allowed to remain). Parking requires two spaces for the additional units; the applicant argues against a curb cut due to a bus stop and the impact on off-street parking.
  • Public Testimony:
    • Eva Jones (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with concerns about density and parking. One letter of opposition was received. The Eagle Hill Civic Association opposed the proposal (9 in favor, 11 in opposition).
  • Motion: To approve the project with a proviso for BPDA design review with attention to the roof structure.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Hearings Scheduled for 11:00 AM

Case BOA.1774650, 23 Wachusett Street

  • Applicant Representative: Felix Sanchez
  • Summary: Proposal to add a dormer to relocate a staircase and add a bathroom and bedroom on the second floor. The project involves extending the size of the existing front porch and adding a deck in the back, all within the existing building envelope.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with one abutter opposing the second-floor and rear decks but not the first-floor deck extension. No further community feedback.
  • Motion: To approve the project with design review.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1746236, 31 Park Street & Case BOA.1746241, 31R Park Street (Companion Cases)

  • Applicant Representative: Gavin Driscoll, Lighthouse Architecture and Design
  • Summary: Proposal to convert an existing garage into a new studio housing unit (350 sq ft) for the applicant's mother-in-law. No change to the existing footprint. Three parking spaces will be available on site (two existing, one currently used for equipment). The property is in a 2F 7,000 sq ft zone.
  • Public Testimony:
    • Eva Jones (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with "resounding support" from attendees. No civic association in the catchment area.
    • Liam Remus (Councilor Fitzgerald's Office): Supported the proposal.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1729631, 61 Columbia Road

  • Applicant Representative: Peter Vanco, Vanco Studio Architects; Edwina Nguyen, Lula Bissier, Malcolm Nguyen (MAMLEO)
  • Summary: Proposal for a new single-story building with a full basement on a half-acre site, combining four lots under common ownership by the Minority Association of Minority Law Enforcement Officers (MAMLEO). The building will house offices, rental spaces (karate, dance), an auditorium, gym, and locker rooms. The project is a non-conforming use in a residential district. Violations include side yard (7 ft vs. 10 ft required), rear yard (29.3 ft vs. 30 ft required), and front yard (0 ft vs. 15 ft required). The existing building is approximately 90-100 years old but has no formal historic designation.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with no opposition and inquiries about time frame, height, and traffic. The Erie Ellington Civic Association supported the proposal.
    • Timothy Guimond (Councilor Brian Worrell's Office): Supported the project, confirming community engagement and support from Erie Ellington.
    • Jeff Hampton (City of Boston Planning Department): Opposed the project, stating that while the existing use is non-conforming, the proposed massing and parking are "excessive" for the residential block and do not fit the neighborhood context. Stated, "So we're on record for denial of this appeal."
  • Motion 1 (Denial): To deny the project.
  • Outcome: Failed (3-4)
    • Votes For: Giovanny Valencia, Katie Whewell, Jeanne Pinado (Chair)
    • Votes Against: Norm Stembridge, Shamaiah Turner, David Collins
    • Abstentions: 0
  • Motion 2 (Approval): To approve the project.
  • Outcome: Approved (4-3)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: Jeanne Pinado (Chair)
    • Abstentions: 0

Interpretation Cases Scheduled for Noon

Case BOA.1772101, 122 DeWitt Drive

  • Recusal: David Collins recused himself from this case.
  • Applicant Representative: Antonio Rodriguez, Madison Park Development Corporation; Lino Sanchez, Urban Achievers (Founder and Head of Schools)
  • Summary: Request for a conditional variance to add a private high school use (Urban Achievers High School) within the DeWitt Community Center. The school focuses on the sports industry, serving young men with rigorous academics and athletic development. The proposed space is on the first floor, utilizing existing after-school rooms, hallway, bathrooms, kitchen, and management office. The Boston Public School Committee approved the property in March.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting a well-attended abutters meeting with strong support for the educational program. Eleven letters of support were received from individuals and organizations.
  • Motion: To approve the project.
  • Outcome: Approved (6-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0
    • Recused: David Collins

Interpretation Cases Scheduled for Noon (Continued)

Case BOA.1775900, 5 Redlands Road

  • Appellant Representative: Kevin Cloutier, Cloutier Law Firm (representing Stephen Marsh)
  • Applicant Representative: Paul Ruffo, Smith, Duggan, Cornell, and Golub (representing Berkshire Investments LLC); Alex Burke (Owner's Son); Colby O'Brien (VP of Programs, Making Opportunities Count)
  • Summary: This is an appeal for a legal interpretation, requesting the Board to vacate or impose conditional use and variance requirements on a permit issued by ISD for 5 Redlands Road. The appellant argues the property is being used as a "homeless shelter slash transitional housing," which requires a conditional use permit and variances for insufficient off-street parking, loading, and driveway width. The appellant contends that ISD improperly issued a permit "by right" for "congregate living facility," a term not defined in the zoning code, and that the building's floor classification was altered to avoid violations. The applicant argues it is a "congregate living facility" with a minimum stay of 31 days, not a temporary homeless shelter. They also argue the appellant lacks standing and that all technical objections (parking, loading, driveway width) have been addressed in consultation with ISD.
  • Key Discussion Points:
    • Definition of "Temporary" and "Transitional": Ms. Turner questioned the definition of "temporary" and "transitional" in the context of the zoning code and building code.
    • Floor Classification: Ms. Turner questioned whether the "ground floor" was always below 35% grade. Alex Burke explained that the original permit (1961) predated zoning definitions, and current field verification confirms the lowest level is a first story (not basement) under current definitions.
    • Congregate Living vs. Homeless Shelter: Ms. Turner sought clarification on the distinction, noting shared kitchens/bathrooms in both. The applicant emphasized the 31-day minimum stay for congregate living, differentiating it from temporary shelters.
    • Zoning Violations: Mr. Collins questioned if approving a "family homeless shelter" would trigger violations. The Board clarified that the core issue is ISD's initial interpretation of the use.
    • City vs. State Funding: Ms. Pinado clarified that the project is state-funded (EOHLC) but requires city permitting.
    • Building Commissioner's Statement: Mark Joseph (ISD Building Commissioner) stated ISD acted correctly, that "congregate living" is an allowed use, parking met requirements, and the height calculation was correct. He noted the driveway is existing and a land surveyor's plot plan showed it as 10 feet.
    • Appellant's Rebuttal: Kevin Cloutier reiterated that "temporary" is not defined in the zoning code and that the facts of operation (as a homeless shelter/transitional housing) should override the applicant's written classification. He suggested referral to the law department.
  • Public Testimony (Limited to 1 minute, focused on use classification, first floor living space, off-street loading, and off-street parking):
    • Anthony Anzalardi (Councilor Erin Murphy's Office): Read excerpts from Councilor Murphy's letter, expressing concerns about the project's scale, process, zoning compliance, traffic, parking, and safety. Stated, "The concerns raised by neighbors about zoning compliance, traffic, parking, and safety are legitimate and should be thoroughly reviewed before any decision is made."
    • Ben Weber (City Councilor for District 6): Emphasized the obligation to provide safe housing. Urged the ZBA to apply the zoning code dispassionately, noting that "temporary" appears in homeless shelter/transitional housing definitions but not in congregate living.
    • Katie Ford (Shermer Road, supporter): Strongly supported the project, urging the ZBA to look past "noise" and focus on zoning issues. Stated, "I would say that the process has been restored. You hopefully will uphold the law, and I do think it would be respecting the community if you do allow this project to move on so the building is no longer abandoned sitting there."
    • Michael Shurns (12 Manhattan Road, abutter, opposed): Argued the basement is clearly more than 35% below grade and questioned the feasibility of 11 parking spaces for emergency/delivery vehicles.
    • Karen Bishop (supporter): Supported the shelter, highlighting the community's giving nature and her experience with shelters.
    • Matthew Smith (Redlands Road, opposed): Supported housing but questioned the legal interpretation of "transitional housing" vs. "congregate living," suggesting a proper zoning meeting.
    • Joanne Shaughnessy (103 Redlands, opposed): Opposed the shelter, questioning the developer's transparency and the alteration of documents.
    • Julia Hansen (Redlands Road, supporter): Supported the shelter, arguing that opposition is based on "zoning loopholes" and not wanting "outside people" in the community.
    • [Speaker Name Not Provided] (opposed): Expressed offense at "noise" characterization of concerns, stating the case requires further review.
    • Kate Lee Manley (opposed): Encouraged the Board to examine the zoning issues raised by Steve Marsh.
    • Paula [Last Name Not Provided] (opposed): Believed the process was rushed and opposed the shelter until a closer look at ISD's actions and community engagement.
    • Rosie [Last Name Not Provided] (abutter, opposed): Opposed, citing concerns about safety for her children, potential for fighting among residents, and fire hazards due to density.
  • Motion Options:
    1. ISD was correct in administering its permit as of right.
    2. ISD was incorrect in issuing the permit as of right.
    3. Refer this matter to the law department for more legal analysis.
  • Motion: To approve that ISD was correct in issuing the permit.
  • Outcome: Approved (6-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, Jeanne Pinado (Chair)
    • Votes Against: David Collins
    • Abstentions: 0

Case BOA.1771531, 153rd Avenue

  • Appellant Representative: Tanya Treveson, Mirioni, Shaughnessy, and Utey (representing Charlestown residents)
  • Applicant Representative: Kevin O'Flaherty (representing St. Francis House, Inc. and the planning office of the Boston Catholic Archdiocese)
  • Summary: Appeal of a building permit issued by ISD on July 23rd to renovate and change the occupancy of the Charlestown YMCA and hotel/restaurant into 149 residential apartments and renovate the YMCA gym, pool, and recreational facility. Appellants argue the permit significantly differs from the BPDA-approved project (100 units total, including affordable and 48 PSH units). They contend the plans on file show 149 residential apartments, including 64 PSH units, transforming the building into a "hybrid residential institutional use" with significant community impact (e.g., issues observed at St. Francis House). Appellants also argue:
    • Change in use was not reviewed/approved by the Federal Advisory Council on Historic Preservation (ACHP) as required by Section 106 of the National Historic Preservation Act or Article 42F, Section 42F-13 of the Zoning Code.
    • Permanent supportive housing is not allowed in the Charlestown Navy Yard under Article 42F, Section 42F-14.
    • The urban renewal area overlay district was not properly enacted due to issues with Boston Zoning Commission members.
    • Use of the recreational swimming pool is prohibited by a 1978 deed.
    • BPDA did not issue a valid certificate of compliance as an Independent Advisory Group (IAG) was not provided.
    • Failure to comply with Article 25A of the Zoning Code regarding mechanicals below sea level rise.
  • Applicant Rebuttal: Kevin O'Flaherty clarified the project is for 100 apartment units (not 149), each with its own bathroom and kitchen, for a minimum one-year lease. He stated it is not a shelter or congregate housing. He argued the building (built 1992) is not historic and that Mass Historic Commission approval suffices for historic preservation. He refuted claims about the 2023 zoning amendment's validity and the swimming pool's legality. He stated IAGs are not always required and that the BPDA thoroughly reviewed the project. He confirmed compliance with Article 25A through flood-proofing strategies.
  • Key Discussion Points:
    • Unit Count: The applicant clarified the project is for 100 units, not 149, and that the building permit had a scrivener's error.
    • Tenant Demographics: The applicant stated tenants would be adults, some with families. 52 units are for lottery (income $30,000-$80,000), and 48 units are reserved for people with disabilities (32 for women/women-headed households, 16 for veterans).
  • Public Testimony (Limited to 1 minute, focused on use classification, first floor living space, off-street loading, and off-street parking):
    • Anthony Anzalardi (Councilor Erin Murphy's Office): Read excerpts from Councilor Murphy's letter, supporting the Charlestown residents' appeal and highlighting concerns about procedural failures and the need to uphold federal protections for the historic monument area.
    • Kelly [Last Name Not Provided] (Charlestown Naval Yard, opposed): Strongly opposed, citing the location as inappropriate due to daycares, playgrounds, and the naval yard. Expressed concerns about introducing a "high-risk population" without sobriety requirements, citing experiences at St. Francis House. Stated, "This development is deeply concerning. The location is entirely inappropriate."
    • Elaine Scatting (Charlestown resident, opposed): Adamantly opposed, arguing it's an inappropriate place for a facility without sobriety requirements, given the presence of children and elderly.
    • Rosemary Massero (Navy Yard resident, opposed): Questioned the 149-unit count, arguing that 64 PSH units with common kitchens constitute "congregate housing," which is prohibited by Navy Yard zoning.
    • Angie [Last Name Not Provided] (Charlestown resident, opposed): Opposed, arguing that the claim of no neighborhood impact is incorrect, citing concerns about police, fire, and staggering statistics.
    • Connie Gutierrez (opposed): Submitted a letter of opposition. Stated that the BPDA's claim of no IAG for other projects was false, as her FOIA request showed this was the only project without one.
    • Thomas Kuip (Paris Landing, supporter): Strongly supported the project, citing participation in public meetings and the need for housing for an "underused group of people."
    • John Caniff (Paris Landing, opposed): Concerned about lack of parking, limited public transportation (93 bus once an hour), and lack of public services (food stores) in the Navy Yard for additional residents.
    • Philip Smith (Paris Landing, opposed): Questioned the discrepancy between 149 and 100 units, calling it "not a Scrivener's error" and indicative of a reckless process.
    • Cass [Last Name Not Provided] (Flagship Wharf, supporter): Supported the project, citing the need for supportive services for women and veterans and affordable housing.
  • Motion Options:
    1. ISD was correct.
    2. ISD was incorrect.
    3. Refer this to the law department for a thorough legal analysis.
  • Motion: To approve that ISD was correct in issuing the permit.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Rediscussion Hearings Scheduled for 11:30 AM

Case BOA.1781936, 12 Perkins Avenue & Case BOA.1709737, 12R Perkins Avenue (Companion Cases)

  • Summary: The applicant's representative had to leave and requested a deferral.
  • Motion: To defer these cases to November 18th.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1724209, 6 Groom Street

  • Applicant Representative: Mike Ross, Prince Lobel
  • Summary: Proposal to add a fourth-floor unit and roof deck to an existing three-unit plus basement ADU approved building in a 3F4000 zone. No increased living space footprint. The project involves a net new fourth-floor unit (three-bedroom, two-bath) and a 766 sq ft roof deck. Variances are sought for parking (1.25 spaces required for new unit, not available), use (fifth unit in a 3F district), and pre-existing dimensional violations (insufficient lot, frontage, open space, height, front/side/rear setbacks). The BPDA recommended support.
  • Public Testimony:
    • Jeremy Bembry (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with one attendee and no inquiries or concerns.
    • Liam Remus (Councilor Fitzgerald's Office): Supported the proposal.
  • Motion: To approve the project.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Case BOA.1730151, 208 H Street

  • Applicant Representative: Ryan Spitz, Adams & Maranzi; Ingrid and Sebastian Hazard (Owners); Nick Landry (Project Architect)
  • Summary: Proposal to add a three-story rear addition to an existing single-family home, along with interior renovation and expansion of the existing roof deck. The proposal was cited for floor hazard districts and Greenbelt Overlay District, but the applicant argues these are in error. Remaining violations are roof structure restriction (altering roofline for deck expansion) and insufficient rear yard (14.5 ft setback vs. 15 ft required for shallow lot exception). The addition is an 11-foot extension, converting the home to a three-bedroom. The roof deck will be accessed internally and not visible from the street.
  • Public Testimony:
    • Siggy Johnson (Mayor's Office of Neighborhood Services): Deferred to the Board's judgment, noting an abutters meeting with concerns about rear setback, water runoff, and potential loss of a mature tree. The Gate of Heaven Neighborhood Association supported the application.
    • Ashley (Councilor Flynn's Office): Supported the project, citing a good community process and the home remaining single-family. Requested continued work with neighbors on quality of life issues during construction.
  • Motion: To approve the project with a proviso that the plans be submitted to the planning department for design review, with attention to the rear yard permeability.
  • Outcome: Approved (7-0)
    • Votes For: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Katie Whewell, David Collins, Jeanne Pinado (Chair)
    • Votes Against: 0
    • Abstentions: 0

Last updated: Nov 15, 2025

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