Coletta Zapata Holds ZBA Appointees Accountable During Council Hearing

Special to the Times-Free Press

On Monday, Boston City Councilor Gabriela Coletta Zapata utilized what is normally considered a perfunctory city council committee hearing to hold Zoning Board of Appeals (ZBA) appointees accountable to enforce new East Boston zoning. The Planning, Development, and Transportation committee hearing was chaired by Councilor Sharon Durkan (District 8) and discussed various appointments to city boards and commissions. Councilor Coletta Zapata highlighted several issues related to ZBA decisions including non-compliance to Plan: East Boston, loosened standards for developers in granting “hardships” for variances, and the absence of a full-time representative from East Boston given the disproportionate amount granted in the neighborhood.

Additionally, she expressed shock and disappointment that ZBA members were not provided an in-depth briefing on new zoning reforms in East Boston to make informed decisions on existing cases. Plan: East Boston was approved by the BPDA board and subsequently the Zoning Commission in early spring 2024. She urged the administration and the Inspectional Services Department, which holds administrative oversight over the ZBA, to immediately rectify the situation through formal training or policy bulletins.

“PLAN: East Boston is the culmination of five years working in deep partnership with the community to define what the neighborhood would look like and set a sustainable ceiling of predictability for future proposals. We have spent valuable taxpayer dollars in the process and since PLAN: East Boston was enacted five months ago, the ZBA has approved eight non-compliant cases. There must be a demonstrated commitment by new and returning ZBA members to enforce Plan: East Boston to undo a decade of harm and build trust with community members.”

The Zoning Board Appeals is composed of seven members who are appointed every three years by the Mayor. The board inspects and reviews buildings for zoning compliance and has administrative oversight of the Inspectional Services Department. Since 2013, the Zoning Board of Appeals has approved 789 cases of the 980 (80.5%) that have gone through the board. In East Boston, since 2019, the ZBA has approved 422 cases of the 553 (76.3%) that have gone through the board.

During the hearing, Coletta Zapata went on the record to state her hesitancy to vote for ZBA appointees that did not come before the body and answer questions on the record about upholding the current zoning regulations. Additionally, Coletta Zapata called for a full-time ZBA member from East Boston given that the neighborhood has had the most variances in recent years. The Councilor questioned new members on how they would take into consideration financial hardships for developers when the proposal does not benefit the neighborhood.

On April 29th, 2024 during a budget hearing in the FY25 budget review, Councilor Coletta Zapata advocated for communication between the ZBA and Inspectional Services Department to ensure members were briefed on the zoning changes. As the department charged with administrative support to the ZBA, Commissioner Del Rio committed to working with ZBA members to have trainings that would fully educate ZBA members on the approved zoning reform for East Boston.

Committee hearings are noticed under the discretion of the Committee Chair and must comply with the Open Meeting Law which states that a meeting must be noticed 48 hours in advance. Residents are encouraged to reach out to Councilor Coletta Zapata and District 8 Councilor Sharon Durkan, Chair of the Committee on Planning, Development, and Transportation, with any additional public comments.

For additional information, please contact the Office of Councilor Gabriela Coletta Zapata by phone at (617) 635-3200 or by email at [email protected].

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