Boston Zoning Board of Appeal Hearing - July 28, 2026

The Zoning Board of Appeal held a virtual hearing on July 28, 2026, starting at 9:30 AM. The meeting included multiple agenda items: a consent calendar for routine approvals, several cases involving building code relief, housing conversions, and new construction projects. The board also deferred three cases to future dates and heard public testimony from city offices, elected officials, and community members. Key decisions included approval of a building code variance with conditions, approval of a six-unit development in East Boston, and approval of several housing conversion projects.

Consent Calendar

• The board granted extensions for seven cases (BOA 149-4349, 948-352, 948-354, 133-2592, 1632-35, 159-3053, 159-3050) unanimously, with no questions.

• The board approved all recommendations from the recent subcommittee meeting: case BOA 1850866 (85 Everett Street), 1819861 (203 Falcon Street) with planning department design review, 183949 (59 Washington Street), 1860034/1860029 (478-484 West Broadway), 1857382 (392-394 Geneva Avenue), 171515 (655 William T. Morrison Boulevard), 18592 (153 Beach Street), and 185194 (16 High Rockeway), all unanimously.

Public Comments & Testimony

• 97-101 Milton Street (Cedar Grove Cemetery): Emma Jones (Mayor's Office of Neighborhood Services) noted community support from Cedar Grove Civic Association but concerns about density and parking. Liam Remus (Councilor Fitzgerald's office) expressed support. The office deferred to the board.

• 32 Fisher Ave: J. Johnson (Office of Neighborhood Services) reported no concerns at the abutters meeting and noted support from the Community Alliance of Mission Hill. The office deferred to the board.

• 320 Summer Street (office-to-residential conversion): Ashley (Councilor Flynn's office) expressed support, requesting continued work with neighbors during construction. Dylan Norris (Planning Department) described the Article 80 process. Christian Simonelli (Boston Groundwater Trust) had no comments. The Mayor's Office of Neighborhood Services deferred to the board, noting community concerns about interior configuration but positive reaction to facade preservation.

• 47-49 Gray Street: Eva Jones (Mayor's Office of Neighborhood Services) reported 16 letters of support and one letter of opposition from a direct abutter (concerns about privacy and scale). Councilor Flynn's office expressed support based on community process. Christian Simonelli (Boston Groundwater Trust) had no comments.

• 97 Salem Street: Eva Jones (Mayor's Office of Neighborhood Services) reported community opposition (concerns about size, scale, impact on historic street) and two letters of support. The North End Waterfront Residents Association opposed; the North End Waterfront Neighborhood Council supported. Public speakers included: Peter Alfay (co-owner) noted 26 years of effort to permit the building, redrawing from 10 units to 5, plans to reopen a bakery. Attorney Derek Small noted 30 letters of support and a letter of support from the neighborhood council. Downey Romano (abutter) opposed, citing lack of detail and potential window blockage. David Kubiak (North End Waterfront Residents Association) opposed, citing excessive mass, density, and impacts on Salem Street. Ken Rothman (direct abutter) supported, noting housing need and first-floor retail. Patrick Tomaro (neighbor, Henchman Street) supported. Lisa Garcia Regnetta (co-owner) noted amendments to address neighbor concerns (shadow studies, no window blockage).

• 34 Spring Garden Street: J. Johnson (Office of Neighborhood Services) reported an abutters meeting on December 10, 2025, with concerns about parking; the Columbia Savon Hill Civic Association voted 18-11 in support. Councilor Fitziero’s office had no additional comments.

• 163-165 Hillside Street: J. Johnson (Office of Neighborhood Services) reported an abutters meeting on February 19, 2026, with concerns about abandoned vehicles and increased density; the Community Alliance of Mission Hill supported. Councilor Gherkin’s office expressed support.

• 62 L Street: J. Johnson (Office of Neighborhood Services) reported multiple abutters meetings, culminating in a revised proposal (balcony instead of deck) with no opposition at the last meeting; the City Point Neighborhood Association took no formal position. Councilor Flynn’s office expressed support. Luann O’Connor (City Point Neighborhood Association) praised the community process.

• 183 St. Botolph Street: J. Johnson (Office of Neighborhood Services) reported an abutters meeting on July 28, 2025, with questions about landmark district compliance and trash storage; the St. Botolph Neighborhood Association took no formal position. Christian Simonelli (Boston Groundwater Trust) had no comments.

• 78 Bunker Hill Street: J. Johnson (Office of Neighborhood Services) reported an abutters meeting on March 10, 2026, with three opposed abutters; later, the most direct abutter withdrew opposition. No additional public comments.

• 3 Moore Street (East Boston): J. Johnson (Office of Neighborhood Services) reported no abutters attended the April 1, 2026 abutters meeting; the Harbor View Neighborhood Association voted 3-11 to oppose. The representative (Richard Lynns) noted parking issues as a likely concern. No additional public comments.

• 87 Barr Street (Morris Street): J. Johnson (Office of Neighborhood Services) reported no public comments at the August 22, 2023 abutters meeting; the Maverick Central Neighborhood Association supported. Christian Simonelli (Boston Groundwater Trust) had no comments.

Discussion Items

• Building Code Relief – 46 Mystic Street (Unit 1): Attorney Richard Lynns represented the condo owners, requesting relief for a utility room in the basement that is only accessible through Unit 1. The condition has existed since the condo conversion in 2003. Options discussed: relocating utilities (exorbitant cost) or allowing the status quo with a condition to correct during any future substantial renovation of Unit 1. The board initially voted on a motion of denial (3-3, motion failed), then passed a motion to approve with the condition that the issue is fixed upon substantial renovation of Unit 1 (6-0).

• 97-101 Milton Street (Cedar Grove Cemetery): Attorney Charlie Tetman presented a proposal to construct three two-unit dwellings (six units total) on a 15,876 sq ft lot, rezoned from cemetery land in 2024. The design respects the neighborhood, and community support was noted. Board members questioned the 12 parking spaces (2 per unit) and tree canopy preservation. The motion to approve was passed (6-0) with a proviso for BPD site planning design review to reduce parking and increase open space.

• 516 Harvard Street (Mattapan): Attorney Matt Eckle proposed converting a three-family dwelling into a four-family dwelling by renovating the lower level. The project received support from the Wellington Hill Neighborhood Association. The motion to approve passed (6-0).

• 32 Fisher Ave (Mission Hill): Luis Santana proposed converting an existing three-family dwelling into a four-family dwelling, with minimal relief needed for FAR, open space, and off-street parking. The project was supported by the Community Alliance of Mission Hill. The motion to approve passed (6-0).

• 320 Summer Street (Fort Point): Attorney Joe Hanley presented an office-to-residential conversion under the city’s pilot program (Article 80K). The project will create 145 residential units (20% affordable at 60% AMI) and 7,500 sq ft of ground-floor retail. No parking is provided; the building is near South Station. The board approved (6-0).

• 47-49 Gray Street (South End): Julian Miller proposed adding a rear deck on the first floor of a single-family home. The project received 16 letters of support. The motion to approve passed (6-0).

• 97 Salem Street (North End): Attorney Derek Small proposed converting a vacant commercial building into retail and five residential units. The project has a 26-year history, with significant community opposition (size, scale, historic street impacts). The board approved (6-0) with a proviso for BPD design review of the exterior elevation, penthouse, and deck locations.

• 34 Spring Garden Street (Dorchester): Attorney Matt Eckle proposed converting an existing structure into three homeownership units. The project was designed with input from abutters. The motion to approve passed (6-0) with a proviso for BPD design review of parking access.

• 163-165 Hillside Street (Mission Hill): Attorney Ryan Spitz proposed converting a two-family dwelling into a three-family dwelling (basement conversion). The Community Alliance of Mission Hill supported. The motion to approve passed (6-0).

• 62 L Street (South Boston): David Luciano proposed replacing an exterior staircase with a rear porch on the second floor. The motion to approve passed (6-0).

• 183 St. Botolph Street: Attorney John Pugini proposed adding a fourth floor and a two-story rear addition to increase from four to five units. The motion to approve passed (6-0) with a proviso for review by the St. Botolph Architectural Conservation District.

• 78 Bunker Hill Street (Charlestown): Tim Shann (architect) proposed converting a single-family (illegally a three-family) into a two-family duplex. The motion to approve passed (6-0) with a proviso for BPD review of the dormer.

• 3 Moore Street (East Boston): Attorney Richard Lynns proposed a six-unit building on a 5,000 sq ft lot in an EVR-3 district. The project requires relief for lot width (50 ft vs. 55 ft required). The board approved (6-0) with provisos for BPD design review of exterior massing and interior layout of the window wells.

• 87 Barr Street (Morris Street, East Boston): Attorney Richard Lynns proposed converting a two-family to a three-family, with most violations now moot under amended zoning (Article 53). The project is now solely for a GCOD conditional use permit. The board approved (6-0).

Key Outcomes

• 46 Mystic Street: Approved with the condition that the building code violation be corrected upon any substantial renovation of Unit 1. (Motion carried 6-0)
• 97-101 Milton Street: Approved with proviso for BPD site planning design review to reduce parking and increase open space. (Motion carried 6-0)
• 516 Harvard Street: Approved (6-0).
• 32 Fisher Ave: Approved (6-0).
• 320 Summer Street: Approved (6-0).
• 47-49 Gray Street: Approved (6-0).
• 97 Salem Street: Approved with proviso for BPD design review of exterior elevation, penthouse, and deck locations. (Motion carried 6-0)
• 34 Spring Garden Street: Approved with proviso for BPD design review of parking access. (Motion carried 6-0)
• 163-165 Hillside Street: Approved (6-0).
• 62 L Street: Approved (6-0).
• 183 St. Botolph Street: Approved with proviso for review by the St. Botolph Architectural Conservation District. (Motion carried 6-0)
• 78 Bunker Hill Street: Approved with proviso for BPD review of the dormer. (Motion carried 6-0)
• 3 Moore Street: Approved with provisos for BPD design review of exterior massing and interior layout of window wells. (Motion carried 6-0)
• 87 Barr Street: Approved (6-0).
• Deferrals:
  • 43 Eastwood Circuit: Deferred to August 11, 2026.
  • 7-9 Martin Court: Deferred to August 11, 2026.
  • 4018-401 Chelsea Street: Deferred to September 8, 2026.
  • 26 Birch Street: Deferred to September 8, 2026.