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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