Biele v. City of Boston Zoning Board of Appeals

Fahey, Elizabeth M., J.

INTRODUCTION

The plaintiffs, Joyce Biele (“Biele”) and Marion Lipini Gustowski (“Gustowski”) (collectively, “the plaintiffs”), brought suit seeking to annul the decision of the City of Boston, acting through its Zoning Board of Appeals (“ZBA’j, granting Peter Zagorianakos (“Zagorianakos”), N&P Associates, and the 902 East Second Street, LLC, a variance to develop the property located at 902 East Second Street, South Boston, Massachusetts. The matter was tried jury-waived before this Court on October 23, 2009. For reasons that will be explained, judgment will enter for…