Submitted by Kori O’Hara
Zoning laws are the foundation of how Revere shapes its growth. They’re not suggestions or starting points—they are a social contract designed to protect our neighborhoods. We’ve set clear rules: limits on height, density, parking, and setbacks—all to preserve the safety, character, and functionality of our community. When developers repeatedly ask to bend those rules without true justification, it weakens the entire system.
At the last Zoning Board of Appeals (ZBA) meeting, the developers of a proposed 31-unit, four-story project at 140 Beach Street withdrew their application. But let’s be honest—this wasn’t a win. I had specifically asked the board to keep the application open so that we could address the questionable claims of hardship that had been submitted. Now, by withdrawing “without prejudice,” the developer can return with a nearly identical project in the future.
Let’s set the record straight: under state law (G.L. c. 40A §10), a variance should only be granted when the land itself poses a unique hardship—such as an unusual shape or steep slope. Wanting to make more money, or squeezing oversized buildings onto small lots, is not a hardship. The 140 Beach Street proposal failed this test. It violated nearly every rule in the Neighborhood Business (NB) zoning district, from height and setbacks to parking and density. It was not allowed “by right,” and should never have come close to approval.
Revere’s zoning code also includes a strict path for building on undersized lots. In NB zones, if a property doesn’t meet the minimum dimensional rules, it must have been vacant since 1994 and prove that it’s larger than 50% of nearby parcels to even be considered. The 140 Beach Street lot doesn’t meet these criteria. Yet rather than adjust the project to fit the rules, the developer requested a stack of variances to bypass them entirely.
This is where the system breaks down. Residents are being asked to catch what boards and officials should be flagging. The lack of timely notification to neighbors about this project highlights serious gaps in transparency. Had the public not caught wind of it, a development wholly incompatible with the neighborhood could have moved forward unchecked.
And the tactics used to defend this project? Misleading, at best. At the hearing, the developer’s attorney floated the idea that if the apartment plan was blocked, the owners might pursue a use protected under Chapter 40A—such as a group home or other institutional housing. This was a clear scare tactic. Chapter 40A §3 does protect some uses from unreasonable zoning restrictions, but it does not exempt them from health, safety, design, parking, or height standards. These threats were meant to intimidate, not inform.
The deed itself raises more questions. When the property was sold, the seller added a restrictive covenant banning future convenience store use—removing the very kind of neighborhood-serving commercial option that NB zoning is meant to support. This type of deed restriction, written by the developer before any zoning relief was even requested, appears to preempt the Board’s authority and limit future use in ways that don’t reflect community needs.
These private restrictions have real legal and zoning implications and deserve scrutiny. If developers are now writing their own land-use rules into deeds—effectively bypassing the city’s zoning authority—that’s a serious concern.
City officials must do more. The Building Inspector, the ZBA, and Site Plan Review should be reviewing these deed restrictions for conflicts with public zoning goals. Private covenants cannot undermine zoning intent. And yet, here we are.
We need to get ahead of this. A future community meeting is expected. If the developer resubmits, we need to demand that any new proposal comply fully with NB dimensional rules.
Variances are not meant to solve design inconvenience.
Revere deserves better. We need stronger oversight, consistent enforcement, and officials who will uphold the zoning laws that protect all of us—not just those with legal teams. It’s time to restore integrity and fairness to our city’s development process. Let’s stay informed, stay engaged, and stand up for a better future for our neighborhoods.
Kori O’Hara is a resident of the City of Revere.
