Boston Board of Appeal Rules It Lacks Jurisdiction Over Warren Street Permit Challenge

BOSTON — July 22, 2026 — Boston Board of Appeal finds no jurisdiction over Warren Street permit, defers to BPDA. The board voted unanimously at its July 22 session to uphold a building permit issued by the Inspectional Services Department for 34 to 42 Warren Street, docketed as BOA 104-6898, ruling it lacked authority to act because the property falls within a city urban renewal plan. "We as the board of appeal lack the authority under the enabling act to rule on an appeal when no applicable violation of the zoning code or the state building code really exists," the chair stated, adding that the BPDA holds "final and binding authority" over the site. Appellant Ken Flynn, represented by attorney Nina Perrin-Tuck of Anderson and Krieger, had brought the challenge against a permit connected to Tate Park Bakery and Cafe; attorneys Stephen Miller and Joanna Schneider appeared for the permit-holder side. The board had previously flagged the jurisdictional question at an earlier hearing before conducting the analysis that produced Tuesday's ruling.