Special to the Patriot-Bridge
Boston City Councilor Gabriela Coletta Zapata (District 1) proposed a home rule petition to modernize and reform the Zoning Board of Appeal (ZBA) in Boston. This legislation aims to improve transparency, representation, and accountability within the board, ensuring a fairer and more accessible zoning appeals process for all residents. A new key provision of the proposal embeds stronger Council oversight of the independent board, requiring members to provide justification for variances granted in deviation from hardship standards. Additionally, the proposal seeks to expand the board by adding environmental protection and civil rights expertise as well as representation from both a homeowner and a renter.
“The Zoning Board of Appeal (ZBA) plays a critical role in shaping the character and development of our communities, influencing how our neighborhoods evolve. By enacting these reforms, we are creating necessary Council oversight of a zoning appeal process that ensures all Boston residents have a voice in shaping their communities and zoning decisions reflect the diverse needs and interests of the people who call Boston home,” said Councilor Coletta Zapata.
Coletta Zapata’s home rule petition comes following concerns with the limited oversight of zoning variances and discretionary approvals with no formal mechanism to assess compliance with hardship standards. Additionally, the home rule petition comes following the approval of variances for projects that disregard PLAN: East Boston, a zoning plan developed over five years in collaboration with the community to shape the neighborhood’s future and establish a sustainable, predictable framework for development. In 2021, the Council approved a similar docket sponsored by then Councilor Edwards.
The legislation includes reforms enacting changes to the current board composition, expanding the ZBA to nine members and nine alternates, all of which must be Boston residents, diversifying the expertise of board members, and limiting them to two terms of three years each. The appointments will come from nominations by various organizations with expertise in environmental protection, urban planning, real estate, architecture, construction, and labor unions. Additionally, two members and two alternates will be chosen by the mayor from residential neighborhood organizations, ensuring representation from different city council districts and including both a homeowner and a renter.
It enacts conflict of interests protections, preventing participation in cases involving personal financial interests while improving public notification and access by requiring electronic and mailed notice of hearings at least 20 days in advance and establishing an electronic database for public review of past ZBA decisions. Additionally, it mandates reports on zoning variances by neighborhood and zoning district and requires the ZBA to testify before the City Council. The home rule petition also establishes a variance review panel to review variance approvals to ensure compliance with zoning laws and issue findings on equity in variance approvals across Boston neighborhoods. Lastly, it ensures neutral guidance is available at all ZBA meetings and provides public legal support for navigating zoning processes.
A hearing for the Home Rule Petition will be scheduled in the upcoming months and posted on the Councilor’s social media.
For additional information please contact the Office of Councilor Gabriela Coletta Zapata by phone at (617) 635-3200 or by email at gabriela.ramirez@boston.gov.