Special to the Journal
A hearing before the Zoning Board of Appeals (ZBA) at its meeting last Wednesday became a bit contentious when an exasperated ZBA chair Michael Tucker took away the microphone from a speaker who was in the midst of reading a prepared statement that was critical of recent decisions by the ZBA granting variances for large residential projects. The exchange took place during the last matter on the ZBA’s agenda for the evening, an application by Dana Lopez, 544 Salem Street, Wakefield, who was requesting a number of variances (pertaining to setbacks, Floor Area Ratio, and parking) to enable the construction of a mixed-use condominium building consisting of 80 residential units and one commercial unit at 76-82 Revere Beach Boulevard. The site presently is the location of four businesses, including the iconic Bill Ash’s Lounge and the popular Twist and Shake ice cream shop. Revere attorney Nancy O’Neil presented the application. O’Neil said that Mr. Lopez intends to convert the four individual lots into one unified lot that qualifies as a transit-oriented property because of its proximity to the Revere Beach Blue Line station. O’Neill further said the proposed building will be six stories high (about 60 feet in height), aligning with the newer residential buildings along the beach, and will have a restaurant on the first floor and 80 residential condominium units. There will be 82 spaces for parking, with one deeded space for each residential unit and two for employees of the restaurant. O’Neill also noted that 10 percent of the units will be affordable, offered at 80% of Average Median Income (AMI) for the Revere area. “This will replace a series of older bars that have been there since the 1940s and will represent a significant improvement for the neighborhood,” O’Neil added. City Planner Tom Skwierawski said the city supports the project, noting that the 10 percent affordable housing component will be of benefit to the city as it strives to achieve the 10 percent affordable housing threshold set by the state. However, Kori O’Hara of 272 Beach St. expressed her opposition to the project. “I’m not against development, I’m just for responsible development,” said O’Hara. “This project is typical of the abuse and overreach of the ‘hardship’ standard that has now become routine in these applications to the board. This is being used to justify variances where there is no real hardship as has been defined by the State Supreme Judicial Court. “This is being turned into a blanket excuse for overbuilding and unfortunately this board has allowed it to become a pattern,” O’Hara asserted. “There is nothing unusual about the shape or slope of this lot — it is a standard, rectangular-shaped lot that happens to be in a high-demand location. “The only thing unique here is the project size. Let’s be clear, this hardship claim is not about the land. It is about squeezing a big project into a regular lot and this board has been rubber-stamping those efforts,” O’Hara continued. “You have approved projects identical to this hardship claim again and again without demanding independent verification, comparative analysis, or site-specific data. You’ve accepted legal citations that don’t match the facts. You’ve let developers maximize profit by putting pressure on schools, traffic, services, emergency access and infrastructure.” As Ms. O’Hara continued speaking into a fifth minute, she was warned by Tucker that she had exceeded the three-minute limit for speakers (a time frame that Tucker had made clear to O’Hara from the outset of her remarks) and that she had to sit down. “I’m cutting you off. You’ve exceeded your time. Please sit down,” said Tucker. However, O’Hara continued to speak, prompting Tucker to interject again, “Please sit down!” As O’Hara’s remarks stretched into six minutes, Tucker got up from his seat behind the City Council rostrum and strode to the public-speaking area. Tucker then took the microphone from the podium where O’Hara was speaking and placed it onto an adjacent desk. Even though the video feed of the Revere TV cut out at that point, O’Hara could still be heard speaking. When the video feed returned, O’Hara was no longer at the podium. Two more speakers addressed the ZBA. The first was Cheryl Queen, the owner of the Twist and Shake ice cream shop which she and her husband have operated at that location for 23 years “There are not just bars there,” said Queen. “There is an ice cream shop that is a staple of the community. We learned in March that we would be gone in December. We have sought to have a seat at the table for having a piece of that commercial space.” “Unfortunately, we can’t request that,” said Tucker. Also speaking on the proposal was Edmund Byrne, the owner of a condo in the small, three-story building next door at 71 Revere Beach Blvd. Byrne told the board that he presently has a great view from his condo (which he has owned for 30 years) all the way to Lynn Harbor, but now he is going to lose the view and the value of his condo will depreciate significantly. However, Tucker noted that the proposed six-story structure is well within the height limit for the Revere Beach area. The board unanimously approved the application, though with the provisos that the condo residents will not be eligible for the city’s on-street parking program and that any change from condominium use to rental must be approved by the ZBA.
