The Back Bay rests its dining destination laurels in large part on its numerous outdoor patios, from which patrons can enjoy the neighborhood’s architecture in the spring and summer.
However, patios can come with their own set of concerns for residents.
The Cheesecake Factory at the Prudential Center is proposing a new outdoor dining patio on the Belvedere Street side of the restaurant, hoping to take boost business with an influx of alfresco diners.
The proposed patio would increase the restaurants outdoor capacity from 26 to 48. However, residents of the Belvedere Condominium Association, which abuts the dining area, expressed concern that the building of the outdoor dining area would cause congestion in front of their building, limiting the open space for residents.
According to Tom High of the Licensing and Building Use Committee, it is important that the restaurant consider the opinion of residents as the move forward with their plans.
“This is a legitimate concern and one that we feel can and should be addressed. We have indicated to The Cheesecake Factory that they need to work directly with the residents of The Belvedere to address their concerns, including involving Boston Properties (The Cheesecake Factory’s landlord) to find a solution.,” said High.
High said that if the Cheesecake Factory is willing to work with residents to address their concerns, then the committee will not oppose the patio construction. If not, however, they will oppose.
In other licensing news, The Clarendon Restaurant Group is proposing a new, as yet unnamed restaurant for the bottom two floors of the Clarendon building on Stuart Street. The first floor will have an exhibition kitchen, bar, and dining capacity of about 106 capacity, while the top floor will have a capacity of 233 and a second bar.
The group hopes to transfer an all-alcohol license from the South End for the restaurant, a move that the licensing committee, which usually opposes out of neighborhood transfers, would normally oppose. However, because the restaurant is located on the edge of the neighborhood in a mostly non-residential area, the committee was more open to the proposal.
“This is a unique situation…because it is on the very edge of the neighborhood, with the neighboring buildings being primarily commercial office buildings,” said High. “The restaurant will be located in a new building that will provide for deliveries at a loading dock and interior garbage storage, similar to the way these issues are handled in a hotel or mall. For these reasons, it appears that the new restaurant will have no significant adverse impact on residents.”
High said the committee will not oppose the license transfer as long as the parties agree to a stipulation that the license can never be transferred to a location north of Stuart Street.
Finally, Grill 23 on Stuart Street is proposing renovating its second floor to increase dining capacity and remove current office space. The renovations would increase the restaurants capacity from 427 to 463. The committee will not oppose the changes.
“Grill 23’s proposal to reconfigure its second floor doesn’t seem to have any adverse implications for residents, and we will not oppose it,” said High. “We are concerned, however, that increasing the capacity of the restaurant could lead to more valet parking traffic, and we will monitor that closely.”

In one of the most anticipated and publicized openings in recent memory, Apple threw open its doors at its striking new store on Boylston Street this week. The store features a massive selection of Apple products, including laptops and iPods, while the third floor is devoted entirely to programs, support and services. At a press event on Wednesday, Mayor Thomas M. Menino toured the store. At right, the mayor talks to Apple employee Ryan Legget about a Mac desktop computer. At right is a view of the impressive glass building at night. the store is located at 815 Boylston St., between Fairfield and Gloucester streets.

Kingston Realty Trust is seeking to rehab an existing four story building at 93 Massachusetts Avenue as well as to build a new 5 floor 21,000 square foot building on Newbury Street directly behind the existing Massachusetts Avenue property. The façade of the new building will be copper.
Kingston Realty Trust also owns the building across from 93 Massachusetts Avenue where Urban Outfitters is located.
The plan calls for a total rehab of 42,000 square feet that will be used for retail and office space.
Boston Redevelopment Authority project manager, Tai Y. Lim, opened a public hearing for residents and abutters last Thursday night on the proposed project.
Abutters representing both the Harvard Club and Elliot Hotel spoke in opposition to the project. Harvard Club General Manager Eric Gillberg said that the membership feared that with the new construction, their ability to maintain the façade of their building would be negatively impacted. The plans call for new building to butt right up to the existing Harvard Club exterior wall.
Elliot Hotel owner Arthur Ullian said that his business would suffer permanently not only from shadows that would be created by the new structure and cast onto his hotel therefore obscuring light from several hotel rooms but also from the impact of construction. He noted that several organizations like the Boston Symphony Orchestra use his hotel and in the lease they request that there be a minimum amount of noise during the day. He fears that this business during construction would cause his clients requesting quiet to seek other hotels to stay at and that it would take years for the business to return to his hotel.
The Harvard Club’s Gillberg as well as the Elliot’s Ullian, said that their function room business would suffer during the construction period.
According to officials, the combined revenues paid to the city by the Harvard Club and the Elliott Hotel is almost $2.5M annually.
Residents who attended the meeting expressed concern about traffic and noise during the construction period as well as potential shadows cast by the new structure which is planned. All agreed that Massachusetts Avenue is used too much for commercial traffic and the overpass over Commonwealth Avenue. Sewer and man-hole covers on Mass. Ave. are in bad condition and increased traffic on the road during construction could make things worse, according to residents..
The Kingston group is seeking to obtain a retail merchant that would make this location a destination stop for shoppers on Newbury Street. Ralph Cole, who is an advisor with Leggat McCall on this project said that shadow issue was explored during the worst conditions of the year, December 21, and showed that there was shadow only on the lower level rooms of the Elliot Hotel from 10:30 a.m. to 12:30 p.m.
The issue of parking spaces not being built in the basement was discussed. Originally, the plans called for 11 parking spaces, but the view is to give better access for deliveries for both the tenants of the building as well as the Elliot Hotel.
In this newer rendition, the driveway would be wider as well as a loading dock only to make deliveries easier.
The project is under the height limit as well as total new square footage but exceeds the FAR (floor area ratio) level as well as other setback issues. If all the developer’s requests are approved by the BRA, the Back Bay Architectural Commission still needs to give its consent.
The project is expected to take a year to complete and if all the permitting is granted during 2008, construction would start in 2009.
“I’m delighted that they are retaining 93 Mass. Ave and not demolishing it,” Representative Marty Walz said. She thanked the developer for working with the community and felt that more work needs to be done. “But,” she said, “It is heading toward a good project.”
Meg Mainzer-Cohen of the Back Bay Association, said, “There are ways to manage business during construction and there are many merits to the project and those impacted to work with the team.”
The Boston Redevelopment Authority will be accepting comment until May 22. All comments should be addressed to Tai.Lim.BRA@cityofboston.gov.

PHOTO 1 CAPTION: Brenda Gailhouse and Roberta Orlandino of Commonwealth Avenue were among the many Back Bay residents who turned out for Rep. Marty Walz's campaign kick-off party at Sonsie On Newbury Street on May 7.

PHOTO 2 CAPTION: Susan Ashbrook of Beacon Street, Gail Laffer of Commonwealth Ave. and
Jamie Barth of Marlborough Street.

PHOTO 3 CAPTION: David Mundel of Gray Street, Dave Crowley also of Gray Street, and Ken
and Jennifer Girvin of Chandler Street