311 West Broadway LLC v. Zoning Board of Appeal of Boston, et al. (Lawyers Weekly No. 11-106-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-1227 Appeals Court 311 WEST BROADWAY LLC vs. ZONING BOARD OF APPEAL OF BOSTON & others.[1] No. 15-P-1227. Suffolk. May 13, 2016. – August 23, 2016. Present: Katzmann, Carhart, & Sullivan, JJ. Zoning, Variance, Appeal, Jurisdiction. Jurisdiction, Superior Court, Zoning. Superior Court, Jurisdiction. Civil action commenced in the Superior Court Department on June 13, 2013. A motion to dismiss was heard by Brian A. Davis, J., and a motion to file an amended complaint was also heard by him. Edward J. Lonergan for 311 West Broadway LLC. Kate Moran Carter for Bromfield Development LLC. Adam Cederbaum for zoning board of appeal of Boston. KATZMANN, J. The plaintiff, 311 West Broadway, LLC (311 West Broadway), appeals from a judgment of the Superior Court dismissing its pending appeal pursuant to the Boston zoning enabling act, St. 1956, c. 665, § 11, as amended through St. 1993, c. 461, § 5 (zoning act), from a decision of the defendant zoning board of appeal of Boston (board) in favor of the defendant Bromfield Development, LLC (Bromfield), in the wake of a new decision issued by the board after an assented-to, judicially-ordered remand. The Superior Court had gained jurisdiction when an appeal was filed from the initial decision of the board, the parties agreed after the filing of that appeal to a judicial remand, the order of remand created no scheduling deadlines for the parties, and the parties provided status reports to a judge regarding the proceedings before the board and the further Superior Court litigation that they contemplated following the board’s new decision. 311 West Broadway did not file an appeal from the new decision of the board, and the question is whether the court was deprived of jurisdiction because a new appeal was required. We conclude that, in the circumstances here, a new appeal was not required and the court was not divested of jurisdiction. We reverse. Background.[2] 311 West Broadway owns property at 311-313 West Broadway in the South Boston section of Boston that abuts property owned by Bromfield at 315-319 West Broadway. Starting in 2012, Bromfield sought approval to change the occupancy of its property from a fitness center and private club to a fitness center, offices, and residential units, and to build a new four-story vertical addition over its […]
West Beit Olam Cemetery Corporation v. Board of Assessors of Wayland (Lawyers Weekly No. 11-080-16)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 15-P-128 Appeals Court WEST BEIT OLAM CEMETERY CORPORATION vs. BOARD OF ASSESSORS OF WAYLAND. No. 15-P-128. Suffolk. April 8, 2016. – July 7, 2016. Present: Kafker, C.J., Wolohojian, & Maldonado, JJ. Cemetery. Taxation, Real estate tax: exemption, cemetery. Appeal from a decision of the Appellate Tax Board. Sander A. Rikleen for the taxpayer. Mark J. Lanza for board of assessors of Wayland. KAFKER, C.J. This is an appeal from a decision of the Appellate Tax Board (board) by West Beit Olam Cemetery Corporation (West Beit Olam), a nonprofit corporation organized in accordance with G. L. c. 114.[1] West Beit Olam is the record owner of lot 1A, located at 59 Old Sudbury Road in Wayland (town). In 2012, pursuant to G. L. c. 59, § 5, Twelfth (Clause Twelfth), West Beit Olam applied to the town’s board of assessors (assessors) for a tax abatement for lot 1A.[2] The assessors denied the application, and West Beit Olam appealed to the board. After an evidentiary hearing, the board determined that a portion of lot 1A, known as parcel A, was exempt under Clause Twelfth, but the rest of the property was taxable. West Beit Olam appeals, claiming that all of lot 1A is exempt from taxation exempt under Clause Twelfth. For the reasons discussed below, we affirm the board’s decision. In particular, we conclude that the board properly denied a tax exemption for the large part of lot 1A and a building located on it that were contractually restricted to residential use for seven years, including the tax year in question. Background. We summarize the facts as the board found them, noting that they are essentially undisputed by the parties. In 1998, the Jewish Cemetery Association of Massachusetts, Inc. (JCAM), a nonprofit cemetery corporation, purchased property in the town and created the Beit Olam Cemetery. As part of that purchase, JCAM also secured a right of first refusal on an adjoining parcel, lot 1A, which is the focus of this appeal. Lot 1A is contiguous to the Beit Olam Cemetery’s western border and is improved with a single-family residence. To accommodate the future expansion of the Beit Olam Cemetery, JCAM created West Beit Olam in 2007 for the purpose of acquiring lot 1A. On July 26, 2007, West Beit Olam purchased lot […]
Police: Man Pulled Knife in Argument on West Newton Street, Had Drugs on Him
The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. An argument lead to an altercation involving a knife on Monday.Boston Police responded to a report of a person w South End Patch News
West Nile Virus Threat Level Raised in Boston
Mosquitos from two city pools— one in JP—recently tested positive for the virus. South End Patch News
Second Pool of West Nile Virus Mosquitos Found in Boston
Health officials announced this week a second pool has tested positive for West Nile Virus in Boston. Find out where. South End Patch News
West Nile Virus Found in Boston
A positive test in Jamaica Plain is the first instance of West Nile Virus in Boston this year. South End Patch News
What Sold in the South End: West Newton St. Single Family for $2.75M
Realtors: Add your photos of recently sold homes to this gallery! It's easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the "Upload Photos and Videos" button and follow the directions. The proper South End Patch News
What Sold in the South End: West Newton St. Single Family for $2.75M
Realtors: Add your photos of recently sold homes to this gallery! It’s easy—just sign into your Patch account (or sign into Patch using your Facebook account). Click the “Upload Photos and Videos” button and follow the directions. The property’s address, sale price, listing agent and other details can be included in the photo’s caption. We’ve provided a sampling of five home sales this week. Look at the photo gallery or the easy-to-scan chart below. Don’t forget to check out our Real Estate section. Looking to buy a home? Check out our updated list of homes for sale in your neighborhood or this list of upcoming open houses. Neighborhood Address Details Sale Price List Price Listing Agent Charlestown 42 Eighth Street #1509 Condo, 2 Beds/2 Baths, 1308 sq. ft. $ 520,000 $ 534,000 Century 21 Elite Realty, Jennifer Schneider North End 102 Commercial Street #1 Condo, 2 Beds, 1 Bath, 925 sq. ft. $ 480,000 $ 489,000 Otis & Ahearn – 142 Commercial, Jeffrey Goldman Beacon Hill 45 Province Street #710 Condo, 1 Bed/1.5 Baths, 1316 sq. ft. $ 965,250 $ $ 949,000 RESIS, R. Wayne Lopez Back Bay 184 Marlborough #7 Condo, 3 Beds/2.5 Baths, 1912 sq. ft. $ 2,697,500 $ 2,695,000 Coldwell Banker, Ellen Meyers South End 172 W Newton St Single Family, 6 Beds/4 Baths, 4136 sq. ft $ 2,750,000 $ 2,695,000 Keller Williams Realty International – Boston – Back Bay, Ken Snyder “Sold!” is a weekly column featuring the latest real estate sales in and around Boston. Photos and information compiled using MLS data, courtesy of Century 21 North Shore and Coldwell Banker Residential Brokerage. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Is West Nile Virus Coming to the South End?
After a particularly tough year for the West Nile virus in 2012, Massachusetts health officials are bracing for what could be another busy summer for the mosquito-borne illness. Although, with so many factors playing into the problem, the track of West Nile is not an easy one to predict, said Kevin Cranston, director of the Bureau of Infectious Disease for the Massachusetts Department of Public Health. “We can’t pin down all of the elements that go into why one season is bad and another season is not,” Cranston said. But if this summer is similar to last summer—marked by extended periods of very hot weather—some parts of the state could see a high number of cases as occurred in 2012. To give residents a sense of West Nile’s prevalence in the South End, Patch has pulled together county-level 2012 data from the Centers for Disease Control and Prevention. Different factors play into outbreaks Long periods of warm weather can help accelerate the maturation of the type of mosquitoes known for spreading West Nile virus, Cranston said. Rainfall also might play a part in the problem, as these mosquitoes thrive in pools of stagnant water. But there are other factors, too, related to mosquito abundance and activity and the amplification cycle of the virus. The West Nile virus “season” lasts from around mid June until the first “killing frost”—when temperatures drop below 32 degrees for several hours in the local environment, effectively killing that area’s mosquito population, Cranston said. Testing to begin soon The Bureau of Infectious Disease begins collecting and reporting on mosquito samples the week of June 17 and continues testing throughout the season, Cranston said. West Nile virus is reported through two main processes. First, the bureau works with the local mosquito control projects to trap and sort mosquitoes by species—different species are known for spreading different viruses. A pool of about 10 to 15 mosquitoes is then tested for the presence of viruses such as West Nile and Eastern Equine Encephalitis, or EEE. “If even one mosquito in that pool has the virus it is considered to be a positive pool. We assemble that data over time to show how a given region of the state is more or less likely to have infected mosquitoes in the environment,” Cranston said. Information also comes in from physicians when patients report symptoms that may be caused by West Nile virus. Samples are taken from the individual and tested at the state lab in Boston’s Jamaica Plain. This not only helps the physician make a diagnosis and treat the patient but also assists the state in establishing risk […]
Police: Fight on West Newton Leads to Drug Arrest
The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. Police who responded to a fight in the South End ended up arresting two men, one on drug charges and one for disturbing the peace. Boston Police officers responded to a fight in the area of West Newton Street and St. Botolph Street at about 4:25 a.m. on Wednesday, June 5, according to police. Officers stopped a group of 10 men on the Southwest Corridor at Newton Street and began to frisk each person. Police reported that one of the men frisked had a lump in his left pants pocket, which he reportedly told police was a “bag of rice.” The officer told the man to take the bag out of his pocket. According to police, the suspect pulled out a large bag of rice packaged with smaller bags of heroin. Officers also found a digital scale and $ 208 in cash. Officers placed Lamar Joel Stanford of 430 Columbus Ave. under arrest and charged him with possession of a Class A substance with intent to distribute. While interviewing the suspect, another man began to yell and cause a disturbance. Police said they told the man to keep his voice down, but he refused. Officers then placed Reginald Kemp of 88 Hazelton St., Mattapan under arrest for disturbing the peace. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch