Five Amory Street residents sue to overturn ZBA decision on new YES headquarters on Amory St.
Following the Jan. 18 Zoning Board of Appeal (ZBA) decision to approve the proposed project at 265-267 Amory St. for a new Youth Enrichment Services (YES) headquarters along with nine residential units, five neighbors have sued to overturn the vote.
The project, which is being proposed by Watermark Development, includes a three story building for the new YES headquarters, including classroom and office space and a ski shop on the first floor. There will also be a bus turnout for buses to pick kids up at the location to take them on ski trips. There is also a four story, nine residential unit building with nine parking spaces proposed as well. The buildings are proposed to be 45 feet tall. Right now, the site is a parking lot.
The five Amory Street residents filed a lawsuit at the beginning of the month, which states that the proposed project does not fit within zoning guidelines.
“The existing project which covers two separate addresses and two separate decisions does not comply with Boston Zoning Code in regards to the following: GCOD applicability, Floor Area Ratio is Excessive, Off-Street Parking is Insufficient, Building Height is Excessive, Off Street Loading is Insufficient, Multi-Family Dwellings are forbidden, Useable Open Space is Insufficient and Rear Yard is Insufficient,” the suit states. “Allowing these existing nonconformities at such project specifically harms the Plaintiffs and the Amory Street Community.”
The suit also states that “The Variance Decision will result in substantial detriment to the public good, particularly to the Plaintiffs, as well as nullify and substantially derogate from the intent and purpose of the City’s Zoning regulations. The Variance Decision blatantly ignores neighborhood opposition and facts on the record. Specifically, during such community process such direct abutters were not included and ignored.”
At the ZBA hearing on Jan. 18, Tiffani Caballero of the Mayor’s Office of Neighborhood Services stated that there had been an “extensive community process” as well as “unanimous support” from the Jamaica Plain Neighborhood Council and 88 letters of support for the project.
Attorney Sheryl Furnari spoke on behalf of opposing abutters, saying that “they welcome the YES program” and support its mission, but it is a “matter of the height issue” and said that these concerned residents “were not included in this community process” and live both “across the street” and “next door” to the proposed project. “They would like it to remain at the 35 feet,” Furnari said.
The lawsuit states that “the Community Liaison for this area did not have any meetings with the direct abutters.”
YES CEO Bryan Van Dorpe told the Gazette that “this is an amazing project for the City of Boston, the youth of Boston, and it’s something we’re very excited about.”
He said that YES has “been serving thousands” of youth since 1968. It started as a ski program, and has now expanded to include other activities like kayaking and rock climbing as well.
Van Dorpe said that this project would “increase our capacity and reach more youth and impacted neighborhoods…in that way we’re excited about moving forward with it.”
The program aims to “focus on neighborhoods most in need,” Jamaica Plain, Dorchester, and Mattapan.
“We’re going to continue to move forward with it,” he said, adding that “this may slow the process.”
So far, he said “eight to 10 community meetings” have been held, and initial money has been raised for the project. YES has also begun to explore options for putting its current Massachusetts Ave. headquarters building on the market.
“I think we’d be a great neighbor,” Van Dorpe said. “Quite frankly, I think it would be a great opportunity for us and the neighborhood. We’re moving because it’s the right thing to do and we want to build our capacity and serve more youth who need YES, and it’s the next step for YES as an organization.”
Developer Lee Goodman of Watermark Development said in a statement to the Gazette that “for over four decades, Jamaica Plain and Amory Street specifically have been home to hundreds of nonprofit, social service organizations. In the past year, three nonprofits have been sued to block them from joining our community. The fact that neighbors can move into this community and promptly sue to block a youth center that serves 1,600 Boston kids annually is shameful.”
District 6 City Councilor Kendra Lara also weighed in, saying that “YES is an incredible, incredible asset to any community they’re in. I was hopeful that we would be able to approve the plans for that location in our district. I hear the complaints of the constituents and it is within their right to take any necessary actions, so I think the courts will decide and go from there.”