This action is an abutter appeal from an April 22, 2014 decision of the Defendant Boston Zoning Board of Appeal (Board of Appeal), which granted Defendant Sebastian Mariscal Studio (SMS) certain variances from the Boston Zoning Code for construction of a mixed use, multi-family/retail development (the Proposed Development) on property at 77 Terrace Street and 778-796 Parker Street, Boston (the Project Site). The Plaintiffs action, which was originally filed in the Superior Court, was transferred to the Permit Session by order of the Chief Justice of the Trial Court on November 25, 2014.
A trial was held on December 15 and 16, 2015. Following receipt of the trial transcripts, the parties respective proposed findings of fact and rulings of law, and their post-trial briefs, the court took the matter under advisement on February 22, 2016.
By Decision dated October 18, 2016, this court determined that Plaintiffs are not person[s] aggrieved within the meaning of Section 11 of the Boston Zoning Enabling Act, and thus do not have standing to maintain this zoning appeal. In accordance with the October 18, 2016 Decision of this court, it is therefore:
ORDERED, DECLARED, and ADJUDGED that Plaintiffs appeal of the April 22, 2014 Variance Decision is DISMISSED.
SO ORDERED.
OSCAR T. BROOKINS and KATHRYN J. BROOKINS v. THE BOSTON ZONING COMMISSION, THE BOSTON REDEVELOPMENT AUTHORITY, THE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT, THE BOSTON ZONING BOARD OF APPEAL, and SEBASTIAN MARISCAL STUDIO.