Special to the Sun
Boston City Councilor Gabriela Coletta Zapata (District 1) will chair a hearing reviewing her proposed home rule petition to modernize and reform the Zoning Board of Appeal (ZBA) in Boston. The hearing will take place on Friday, June 27 at 11:15am in the Iannella Chamber of Boston City Hall. Earlier this year, Coletta Zapata proposed this legislation to improve transparency, representation, and accountability within the board, ensuring a fairer and more accessible zoning appeals process for all residents.
“The Zoning Board of Appeal (ZBA) plays a critical role in shaping the character and development of our communities, influencing how our neighborhoods evolve. These reforms introduce essential City Council oversight to the zoning appeal process and expand the board and its representation,” said Councilor Coletta Zapata. “I look forward to the discussion and ensuring we have a zoning appeal process where 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. I encourage community members to submit their public testimony.”
A new key provision of Coletta Zapata’s proposal embeds stronger Council oversight of the independent board, requiring members to provide justification for variances granted in deviation from state law– specifically MGL c. 40A, § 10. In Massachusetts, Zoning Boards of Appeals (ZBA) consider requests for variances from zoning bylaws, but the standards for granting a variance are strict and require demonstrating substantial hardship.
Additionally, the proposal seeks to expand the board by adding environmental protection, urban planning, and civil rights expertise as well as representation from both a homeowner and a renter. 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.
Coletta Zapata’s home rule petition addresses concerns about the lack of oversight in the zoning variance and discretionary approval process with no formal mechanism to assess compliance with hardship standards. There have been numerous approval of variances for projects that disregard PLAN: East Boston, a community-driven zoning plan developed over five years to guide sustainable, predictable development in the neighborhood. In 2021, the Boston City 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.
Community members are encouraged to testify in-person or virtually. Please email [email protected] for instructions. More information on the hearing can be found at www.boston.gov/public-notices/16372546
For additional information please contact the Office of Councilor Gabriela Coletta Zapata by phone at (617) 635-3200 or by email at [email protected].