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September 23, 2014
Robert Shortsleeve, Chairman
City of Boston Board of Appeal
1010 Massachusetts Avenue, Fourth Floor
Boston, MA 02118
Re:
Tia's Restaurant
296 State Street
Proposed Roof Deck
Dear Chairman Shortsleeve:
We are writing to you to request a deferral of the appeal scheduled for today, regarding
zoning variances required for the proposed construction of a roof deck at Tia's Restaurant
in the North End/Waterfront neighborhood.
The restaurant is located at 200 Long Wharf, on the North End side of the Marriott Hotel,
and impacts the North End/Waterfront neighborhood directly. We are the two resident
organizations which represent the North End/Waterfront neighborhood. We present this
joint request for a deferral because the restaurant has not come to our groups to explain
its plans. Consequently, abutting North End/Waterfront Resident’s have not a chance to
voice concerns with the project and we are unable to advise the Board today of our
support or opposition to the restaurant's request, nor have we had the opportunity to
discuss with the restaurant possible modifications to its plans which might reduce
negative impacts.
We understand that the restaurant has presented its plans to the Wharf District Council.
However, that organization is comprised of both commercial and residential elements,
and does not observe Open Meeting Law requirements. Residents of the Mercantile
Wharf Building for example, the closest residential building to Tia’s were not notified of
that meeting and would not have been permitted to attend the closed meeting without an
invitation. Even if they were invited, they would have not be allowed to speak and voice
their concerns. Further, members of the Wharf District Council are located on the other
side of the Marriott building, in an area which is not directly impacted by the restaurant's
activities. For those reasons we feel it is both necessary and appropriate for Tia’s to
come before the North End/Waterfront resident organizations we represent.
We offer the following reasons in support of our joint request for a deferral:
1. The former owner of Tia’s, Lori Lilly, came before both of the North End groups
for various requests over the years and Tia’s, under the new ownership, appeared
in front of NEWNC as recently as June 2014.
2. The northern half of the Marriot Long Wharf is in Ward 1, Precinct 1 which is one
of the precincts, along with Ward 1, Precincts 2-4, that are traditionally been
viewed as the North End/Waterfront. This line is is also the border between City
Council Districts 1 and 2. The north side of Long Wharf is in District 2 and
represented by Councilor Sal LaMattina and the south side is part of District 1 and
represented by Council President Bill Linehan.
3. Christopher Columbus Park is viewed to be in the North End/Waterfront. A
significant part of Tia’s outdoor space on park property and is leased yearly from
the Park.
4. We estimate that the homes of over 1,000 North End/Waterfront residents lie in
earshot of the restaurant, which even without a roof deck has become a notoriously
noisy bar venue. Residents who frequent Christopher Columbus Park often
contact our groups with concerns over the noise emanating from Tia’s outdoor
seats, particularly during the summer months. The wide, brick façade of the
Marriot Long Wharf reflects noise back towards Christopher Columbus Park and
nearby North End/Waterfront Residents.
5. Residents of the North End/Waterfront have yet to have an opportunity to voice
their concerns over the project. The Wharf District Council's meetings are
closed. Even if a North End/Waterfront resident is able to obtain an invitation to
attend a Council meeting, he is not allowed to ask questions. Clearly, no process
has been offered to affected residents. Affected North End/Waterfront residents
have had no say thus far in the process which the restaurant has followed
in seeking to obtain zoning variances
6. No abutters meeting was held by the Mayor's Office of Neighborhood Services
(ONS) under their new program because no residential buildings fall within 300
feet of the restaurant. However, residents of the Mercantile Wharf building (111
Atlantic Ave.) live within 365 feet. For the sake of comparison, the residents of
Harbor Towers, the closest residential building in the Wharf District Council is
nearly 900 feet away from Tia’s and on the other side of the massive Long Wharf
Marriot.
7. Both our groups have requested that the Mayor's Office of Neighborhood Services
(ONS) fix this flawed review process and grant us the opportunity to review the
restaurant's zoning and licensing applications, as well as providing abutting North
End/Waterfront residents the opportunity to be heard. To date, both our groups
have been snubbed and as recently as two weeks ago told that no plans for Tia’s
had been filed.
For all these reasons, we jointly recommend that the Board defer its vote on this appeal
until the restaurant has presented its plans to NEWRA and NEWNC, and until the North
End/Waterfront community has had the opportunity to weigh in on the restaurant's plan
which will affect their quality of life in a material way.
Though we feel our claims to the north side of Long Wharf trump those of any other
neighborhood, we do not believe it is overly burdensome to come before our groups in
addition to the Wharf District Council for several reasons. First, Tia’s has done so in the
past, as recently as June 2014. Second, it is not unusual for the city to require applicants
to go to multiple groups when their geography places them in overlapping jurisdiction.
For example in addition to regular neighborhood process, all projects within 300 feet of a
city park must appear before the Parks Department. Given the status of the pending
application, if a deferral is granted we ensure a timely hearing before our groups as to not
cause unnecessarily delay.
Thank you for your attention to the importance of a meaningful community process.
Yours sincerely,
Jim Salini, President
North End/Waterfront Residents'
Association
CC:
Philip A. Frattaroli, President
North End/Waterfront Neighborhood
Council
Martin J. Walsh, Mayor of Boston
Councilor Salvatore LaMattina
Councilor at Large Michael F. Flaherty
Councilor at Large Stephen Murphy
Councilor at Large Ayanna Pressley
Councilor at Large Michelle Wu
Senator Anthony Petruccelli
Representative Aaron Michlewitz
Nicole Leo, Mayor's Office of Neighborhood Services
Lauren N. Shurtleff, Senior Planner, Boston Redevelopment Authority