The lawsuit over the proposed Bartlett II mixed-use development at 450-456 Amory St. has ended, as the parties involved agreed to have it dismissed.
The developer, Chris DeSisto, told the Gazette he will not be going forward with the original proposal, but will instead re-file another project that includes an adjacent parcel he acquired.
“It will be bigger in scope,” he said.
DeSisto said he is currently having preliminary meetings with abutters to hear what they have to say.
Kevin Walker, who owns a property at 157 Green Street, which abuts the proposed Bartlett II project, filed the lawsuit against DeSisto and the City’s Zoning Board of Appeals last year through attorney Paul Lane in the Suffolk Superior Court. The 157 Green St. building currently houses a division of Arbour Health System, which provides counseling services there.
The lawsuit sought to overturn the variances for the project and for attorney fees. The parties involved filed a stipulation of dismissal last month and it was filed with prejudice and without costs.
The Inspectional Services Department, which oversees the ZBA, did not respond to a request for comment. Lane said, “No comment.”
The then Boston Redevelopment Authority approved the Bartlett II development in 2015. That project would have been a 24,000-square-foot building, including 5,700 square feet of retail and 15 rental apartments, two of them priced a City-determined affordable rate.
The ZBA granted five variances for the project: residential use, excessive floor area ratio, insufficient rear yard, insufficient off-street parking, and excessive height.