Zoning Board of Appeal

Executive Summary

The City of Boston Zoning Board of Appeal held a remote hearing on April 28, 2026, to deliberate on various residential and commercial zoning appeals. Key actions included the approval of several multi-unit residential developments, such as a 26-unit condominium project at 1954 Commonwealth Avenue and a 6-unit building at 1 Bayside Street despite significant neighborhood opposition. The Board also approved accessibility improvements for the Brooke Charter School and outdoor dining for Salem Street restaurants. Notably, the Board denied without prejudice a request for five roof decks at 142 P Street following extensive testimony regarding quality-of-life concerns and a perceived breach of a prior community agreement.

Meeting Information

Governing Body: Zoning Board of Appeal
Meeting Date: April 28, 2026, at 09:30 AM
Meeting Type: Remote Hearing via Zoom
Board Members Present: Norm Stembridge, Giovanny Valencia, Shamaiah Turner, Hansy Better Barraza, Jeanne Pinado, David Collins.

Administrative Items and Extensions

Approval of Minutes

The Board voted to approve the hearing minutes from April 7, 2026.
Vote: Unanimous approval (6-0).

Extensions

Case BOA 1474749: 10 Belleville Avenue.
Case BOA 768-729: 79-89 West Broadway.
Discussion: Board members questioned the feasibility of the projects given this was the fifth extension request. No representative was present to answer.
Outcome: Motion to grant the extensions as requested carried (6-0).

Court Remand Discussion

Case BOA 1359438 (Superior Court Case No. 2384 CV 00459): 22 Hanover Street.
Status: Remanded by the Massachusetts Superior Court for specific findings of fact regarding a conditional use permit for a roof deck and head house. No vote was taken; the remand hearing is scheduled for June 2, 2026.

Recommendation Cases

The Board acted on several cases previously reviewed by the subcommittee. All cases listed below were approved unanimously (6-0) unless otherwise noted:

Recusals: David Collins recused himself from Case BOA 180-7677 (7R to 7 Monument Street) and Case BOA 182-5198 (61 Rodney Abedin).
BOA 180-6384: 215-221 Hanover Street.
BOA 181-3278: 5 Colebrook Street.
BOA 1701102: 3141 Washington Street.
BOA 1723161: 37 Mather Street.
BOA 180-0971: 1 Parrot Street.
BOA 1798927: 109 Bogle Street.
BOA 1826464: 384 West Roxbury Parkway.
BOA 1710494: 168 Dana Avenue.

Public Hearings: 9:30 AM Agenda

109-111 Salem Street (BOA 1730471 & 1730467)

Proposal: Request for a permanent outdoor patio with 14 seats at each of two restaurants on private property.
Testimony: Joseph Bono (Owner) stated the locations have operated under the temporary outdoor dining program for six years. Support was offered by the Mayor's Office of Neighborhood Services (ONS) and Councilor Gabriela Coletta Zapata.
Outcome: Approved (6-0).

7 Smith Court (BOA 180-6142)

Proposal: Installation of a head house for roof deck access at a single-family home on Beacon Hill.
Testimony: Architect Timothy Burke noted the head house increases FAR by 43.5 square feet. ONS reported non-opposition from the Beacon Hill Civic Association subject to a 'good neighbor agreement.'
Outcome: Approved (6-0).

61 Farragut Road (BOA 1799878)

Proposal: Convert a 3-family building into a 2-family home with a new head house and two roof decks.
Testimony: Attorney Ryan Spitz noted the structure reaches 46 feet 9 inches. Luanne O'Connor (City Point Neighborhood Association) opposed the height and dual decks. Betty Daly (Abutter) spoke in support.
Outcome: Approved with a proviso for Boston Parks and Recreation Department review (6-0).

744 East 4th Street (BOA 1774632)

Proposal: Raze existing structure and erect a 4-story, 6-unit residential building with 9 parking spaces.
Discussion: Significant debate occurred regarding an Article 85 demolition delay. Attorney Richard Lenz argued the Landmarks Commission failed to act within the mandatory 10-day window.
Outcome: Approved with BPDA Design Review (6-0).

30-32 H Street (BOA 1805937)

Proposal: Raze commercial structure for a 4-story, 6-unit residential building with 6 parking spaces.
Outcome: Approved (6-0).

36-42 O Street (BOA 1809792)

Proposal: Two-story vertical addition to an existing 4-unit building to create 6 units total.
Outcome: Approved with BPDA Design Review (6-0).

34 Athawale Street (BOA 1810310)

Proposal: Construct a new 6-family dwelling on a vacant lot.
Testimony: Developer Alex Edwards highlighted community partnerships for down payment assistance. Support was voiced by the West of Washington Civic Association.
Outcome: Approved (6-0).

190-200 Cummins Highway (BOA 181-4225)

Proposal: 3,400 square foot addition to Brooke Charter School for a new elevator, staircase, and resource rooms.
Discussion: Neighbors raised concerns regarding noise and traffic. Attorney Richard Lenz noted the addition is largely 'infill' within the existing footprint.
Outcome: Approved (6-0).

Public Hearings: 11:00 AM Agenda

100-102 Beachview Road (BOA 1825579 & 182-5581)

Proposal: Subdivision of a 5,000 sq. ft. lot to construct two semi-attached 2-family dwellings.
Testimony: Attorney Richard Lenz argued that maintaining the existing topography (retaining wall) necessitated a height variance. Abutter Ronnie Orlando opposed the density and height.
Outcome: Approved (6-0).

109 Prince Street (BOA 1805308)

Proposal: Convert existing head house into living space with a 487 sq. ft. roof deck.
Outcome: Approved (6-0).

1258-1262 Massachusetts Avenue (BOA 1716926)

Proposal: Lot subdivision and consolidation to facilitate a previously approved 45-unit project at 1274 Mass Ave.
Outcome: Approved (6-0).

11 Benson Street & 13 Vinton Street (BOA 1809584 & 181-1248)

Proposal: Convert 2-family to 3-family via a rear addition and shared driveway for 3 parking spaces.
Outcome: Approved with BPDA Design Review (6-0).

1 Bayside Street (BOA 1781953)

Proposal: 3-story, 6-unit residential building with 4 garage bays.
Testimony: Significant opposition from Columbia Savin Hill Civic Association (56-0 vote against). Residents cited loss of green space and traffic hazards.
Outcome: Approved with BPDA Design Review. Vote: 4-2 (Turner and Chair voting No).

1954 Commonwealth Avenue (BOA 1827544)

Proposal: 26-unit residential condominium development involving the relocation of a historic mission-style structure.
Financials/Impact: Includes 4 affordable units (IDP) and approximately 60 construction jobs.
Outcome: Approved (6-0).

142 P Street (BOA 1747974)

Proposal: Addition of five roof decks to an existing 5-unit building.
Testimony: Proponents argued the decks are invisible from the street. Opponents, including Councilor Edward Flynn and the City Point Neighborhood Association, argued that a 2021 agreement specifically prohibited roof decks to gain neighborhood support for the original building.
Outcome: Denied Without Prejudice (DWP). Vote: 5-1 (Better Barraza voting No).

Withdrawals and Deferrals

34 Spring Garden Street (BOA 1794725): Deferred to June 16, 2026.
360 Princeton Street (BOA 181-1706): Deferred (Applicant not present).
58 Ballard Street (BOA 1790078): Deferred to May 5, 2026.
70 Auckland Street (BOA 182-1678): Deferred to May 19, 2026.
87 Morris Street (BOA 1482368 & 1482374): Deferred to June 16, 2026.
62 L Street (BOA 1575425): Deferred to June 16, 2026.
62-66 Condor Street (BOA 1689794): Interpretation case deferred to June 16, 2026.