Zoning Board Of Appeal Hearing

October 7, 2025

Case: BOA-1261925 Address: 150 Kneeland Street Ward 3 Applicant: Donald W. Wiest, Esq

Case: BOA- 1345655 Address: 11 Spring Garden Street Ward 13 Applicant: Kevin Cloutier, Esq

Case: BOA-1266935 Address: 144-162 Charles Street Ward 5 Applicant: Michael P. Ross, Esq

Case: BOA-1298301 Address: 17 Warren Place Ward 12 Applicant: Nicholas J. Zozula, Esq

Case: BOA-1477573 Address: 28A Riidlon Road Ward 18 Applicant: Regis Gonzalez

Case: BOA-1349982 Address: 1318 River Street Ward 18 Applicant: John Pulgini, Esq

Case: BOA-1484717 Address: 229-233 Bowdoin Street Ward 15 Applicant: Derric Small, Esq

Case: BOA-1538261 Address: 215-217 Brighton Avenue Ward 21 Applicant: Derric Small, Esq

Case: BOA-1298430 Address: 717-721 American Legion Highway Ward 18 Applicant: Michael P. Ross, Esq

Case: BOA-911768 Address: 1524 VFW Parkway Ward 20 Applicant: Michael P. Ross, Esq

Case: BOA- 1443137 Address: 43-45 Stanton Street Ward 17 Applicant: Michael P. Ross, Esq

Case: BOA- 1476876 Address: 246 Havre Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA- 1720663 Address: 14 Monument Court Ward: 2 Applicant: Timothy McGowan

Article(s): Article 62, Section 7 Usable Open Space Insufficient Article 62, Section 7 Rear Yard Insufficient

Purpose: The addition of a one story first floor kitchen extension with a deck and stairs to the yard. ZBA approval will be required. This amendment is associated with ALT1666971.

Case: BOA- 1763426 Address: 200 State Street Ward: 3 Applicant: Matthew Eckel

Article(s):Art 45 Sec.14 Use: Conditional 45 14 (h) - Accessory uses greater than four amusement game machines is a conditional use.

Purpose: Seeking to change the occupancy to include a recreational use commercial/retail establishment with amusement game machines and to complete interior renovations. Proposed use is conditional.

Case: BOA- 1762978 Address: 152 Canal Street Ward: 3 Applicant: Jeffrey Drago

Article(s): Art. 06 Sec. 04 Other Protectional Conditions Removal of Proviso.

Purpose: To continue use of premises as a commercial parking lot for 35 vehicles and to remove sunset proviso from permit; should the Board choose to not remove the proviso applicant requests this use be continued for at minimum an additional five years from December 2025 to December 2030, or longer



Case: BOA- 1773004 Address: 113-129 Seaport Boulevard Ward: 6 Applicant: Daniel Brennan

Article(s):Art. 42A Sec.18 Use regs app N/End Waterfront - Restaurant with live music entertainment Use Forbidden

Purpose: Change use and occupancy of the new restaurant (Nowon) and add Live entertainment (DJ) use to the existing use. No construction required. The Fire alarm is already designed to automatically shut down music if FA system alarms. Existing use: Business Offices, Retail, Commercial, restaurant w/ F1 entertainment assembly and recently opened restaurant (Nowon)

Case: BOA- 1759625 Address: 604 East Third Street Ward: 6 Applicant: Anthony Virgilio

Article(s): Art 68 Sec 8 Dim reg app in res sub dist. - Insufficient additional lot area per unit

Article 68, Section 33 Off Street Parking & Loading Req - Insufficient parking

Purpose: Change occupancy from one family to 2 family no work as built

Case: BOA- 1746157 Address: 70 Charles Street Ward: 5 Applicant: Cameron Merrill

Article(s):Article 6 Section 6 Extension of Conditional Use - for restaurant use #36A and #37

Purpose: Change occupancy to remove 2 retail spaces and renovation to the existing 1,320 SF Tatte Bakery and Cafe (#37 & #36A) to take additional 2,095 SF SF of the two adjacent retail spaces. (total 3,415 SF). Requesting a nominal fee for zoning review/refusal for expansion of a conditional use.

Case: BOA- 1747232 Address: 10 Marmion Street Ward: 11 Applicant: Maize Remodeling Group

Article(s): Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Bldg Height Excessive (Stories)

Article 55, Section 9 Front Yard Insufficient Article 55, Section 9 Side Yard Insufficient Art. 09 Sec. 01 Extension of Non-Conforming Use

Purpose: Confirm occupancy as a single family. Full home remodel adding two dormers on the 3rd level. Relocate kitchen, add 1/2 bath on 1st floor, full bath with double vanity & laundry on 2nd, and full bath on 3rd. Gut basement, leave unfinished. Convert to 4 beds. Add rough plumbing for future 2nd floor kitchen. Extend living space into the attic with an additional bedroom

Case: BOA- 1757199 Address: 8 Sylvester Road Ward:16 Applicant: Yuri Rocha

Article(s): Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Front Yard Insufficient

Article 65, Section 9 Side Yard Insufficient

Purpose: Adding two dormers to extend living space into the attic and raise kitchen roof. Add two bedrooms and two bathrooms.

Case: BOA- 1756052 Address: 83-85 Cornell Street Ward: 18 Applicant:Paul Hajian

Article(s): Article 67, Section 9 Rear Yard Insufficient

Purpose: Addition to an existing dormer on rear of two family to create wider bathroom and larger closet

Case: BOA- 1769103 Address: 26 Windom Street Ward: 22 Applicant: Marguerite Roberts

Article(s): Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient

Article 51, Section 9 Floor Area Ratio Excessive

Purpose: Construct a two story rear addition to the existing single family home.

Case: BOA-1733319 Address: 22 Pratt Street Ward 21 Applicant: Sean Sacks-ARTICLE 80

Article(s): Article 51, Section 19 Use: Forbidden Multi-Family Dwelling - Forbidden Article 51, Section 20 Dimensional Regulations Floor Area Ratio Excessive Article 51, Section 20 Dimensional Regulations Building Height Excessive Article 51, Section 20 Dimensional Regulations Rear Yard Insufficient Article 51, Section 20 Dimensional Regulations Side Yard Insufficient, per Article 12-3. Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient

Purpose: Erect a new podium building with two towers for multi family dwelling of 318 residential units, on newly created lot. Building has a one story podium connecting two towers (16 story & 7 story) and project involves related site and public realm improvements. Building features a below grade garage, bike storage, and amenity spaces for tenants. Refer to ALT1697217 and ALT1697219 for consolidation of parcels. Demolition of existing buildings on separate permits. [ePlan] LPR

Case: BOA-1760425 Address: 809-821 Beacon Street Ward 21 Applicant: Lawrence Baker

Article(s): Art. 06 Sec. 04Other Protectional Conditions This is to remove proviso from BOA 1023729 "this decision to expire in 5 years". Also reference BZC 31677 Non conforming use conditional use permit for parking of 249 vehicles.

Purpose: Remove proviso for nonconforming use for Medical Center parking open air lot 249 vehicles. proviso to be reviewed every 5 years per decision letter attached.

Case: BOA-1748157 Address: 239R Beech Street Ward 20 Applicant: John Pulgini

Article(s): Article 67, Section 33.1Conformity Ex Bldg Alignment Applicant will need to seek Conformity with Existing Building Alignment for the Front yard setback. Article 67, Section 9 Rear Yard Insufficient Applicant will need to seek relief for Insufficient Rear yard setback. Article 67, Section 9 Bldg Height Excessive (Stories) Applicant will need to seek relief for Excessive story height.

Purpose: Construct a new two story, single family dwelling w/ two parking spaces upon an existing, vacant lot at 239R Beech Street (Parcel ID 2000781010). E[plans] Filed

Case: BOA-1721875 Address: 37 Bexley Road Ward 19 Applicant: Timothy Burke

Article(s): Article 67, Section 8 Use: Forbidden You need relief from the BOA for the said violation

Purpose: Convert an existing two family dwelling to a three family dwelling. Create new fire separation between second and third floor units and remove exterior stair.

Case: BOA- 1718701 Address: 41 Hollingsworth Street Ward 18 Applicant: Joseph Wood

Article(s): Article 60 3 Proposed Use Table A use is forbidden

Purpose: Change occupancy from light manufacturing to adult day health center. 1) Transform office into full handicap accessible bathroom (6.7”x6.7”) 2) Close up the wall to make staff half bathroom 3) Install sink in nurses office

Case: BOA- 1727834 Address: 83 Hamilton Street Ward 15 Applicant: Joao Gomes

Article(s): Article 65, Section 9 Floor Area Ratio Excessive Consider relief for excessive floor area ratio Floor Area Ratio Maximum: 0.5 Proposed FAR: 1.05

Purpose: Proposed new shed dormers to existing 3 family residence. Existing ridge height to remain. Proposed floor area increased by 133 sqft.

Case: BOA-1689097 Address: 18 Robeson Street Ward 11 Applicant: Josh Fetterman

Article(s): Article 55, Section 41.12 Two or More Dwellings on Same Lot Applicant will need to seek relief for two dwellings on the same lot

Purpose: No work to be done. Companion case permit to ERT1638207. One of 2 building on same lot. [ePlans filed]

Case: BOA- 1689101 Address: 18R Robeson Street Ward 11 Applicant: Josh Fetterman

Article(s): Article 55, Section 41.12 Two or More Dwellings on Same Lot Applicant will need to seek relief for Two Dwelling Units on the same lot.

Purpose: Construct new single family building at rear of lot.



Case: BOA-1765664 Address: 80 Smith Street Ward 10 Applicant: Mission Associates LLC-ARTICLE 80

Article(s): Art. 59 Sec. 38 Application Dimensional Req. Two or more dwellings on a lot (Three dwellings on a lot) Art. 59, Section 22 Dimensional Regulations Excessive f.a.r. Art. 59, Section 22 Dimensional Regulations Max allowed height has been exceeded Art. 59, Section 22 Dimensional Regulations Insufficient rear yard setback Art. 59, Section 22 Dimensional Regulations Insufficient usable open space per dwelling unit Art. 59, Section 22 Dimensional Regulations Excessive f.a.r (90 Smith street/Third structure on lot)

Purpose: Clarification: Proposed construction of a podium design structure which shall consist of two distinct buildings attached via a shared podium garage design on the same lot with a maximum of 19 at grade parking spaces and 68 below grade parking spaces shared between the two buildings. This application filed represents Tower one (A.k.a. Building #80 ) which shall consist of an eight story (80' +/ ), 82,650sf 86 unit structure per plans filed. (This application has been filed in conjunction with ERT1735294 for the other attached 13 story building to be known as 100 Smith street).*Article 80 LPR*

Case: BOA-1765668 Address: 100 Smith Street Ward 10 Applicant: Mission Associates LLC-ARTICLE 80

Article(s): Art. 59 Sec. 38Application Dimensional Req. Two or more dwellings on one lot Art. 59, Section 22 Dimensional Regulations Excessive f.a.r. Art. 59, Section 22 Dimensional Regulations Excessive Height Art. 59, Section 22 Dimensional Regulations Insufficient usable open space per unit Article 59, Section 35 Screening and Buffering Requirements

Purpose: This application represents Tower Two (a.k.a. 100 Smith Street) a (13) thirteen story plus one below grade basement level, 132 residential rental unit structure. This application is filed in conjunction with ERT 1692748 for Tower One (a.k.a. 80 Smith Street). *Note: This is one of three structures on one lot

Case: BOA- 1747957 Address: 395 West Fourth Street Ward 6 Applicant: Shaun McClorey

Article(s): Article 68, Section 8 Add'l Lot Area Insufficient Article 68, Section 8 Lot Area Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Floor Area Ratio Excessive Art. 68 Sec. 33 Off Street parking Req.

Purpose: Confirm occupancy as 1 family. Change of occupancy to 2 family home. New kitchens and bathrooms. new HVAC and electric service. New 2 story deck with metal spiral stairway for unit two second egress. Extension of living space into basement with new finished habitable area for unit one. [ePlan]

Case: BOA-1653647 Address: 38 Fenway Ward 4 Applicant: John Pulgini

Article(s): Art. 66, Section 8Use: Forbidden Basement Unit – Forbidden Article 29 Section 4 GPOD Applicability Article 32, Section 4.GCOD, Applicability Article 66, Section 9 Dimensional Regulations Floor Area Ratio Excessive Article 66, Section 9 Dimensional Regulations Rear Yard Insufficient

Purpose: Confirm occupancy as a single family and change occupancy to a 5 unit residential building. Scope includes addition of 3 stories (2 1/2 per Zoning code) above existing building and rear addition of 6 stories (5 per Zoning code) to create a 7 story building (5 1/2 per Zoning code). Also included is to completely renovate and reconfigure interiors, install a new elevator, add new rear & front facing decks with a private roof deck. Upgrades to life safety (FA/FP) and existing fire escapes to adjacent building to remain.

Case: BOA- 1743977 Address: 434 Meridian Street Ward 1 Applicant: Ricupero Family Trust

Article(s): ARTICLE 53; SECTION 53 5 Dimensional Regulations (Table F) Insufficient side yard setback Article 53 Section 28 Table L EB Neighborhood Off Street Parking Regulations Insufficient Parking Art. 53 Sec.25 Roof Structure Restrictions Reconfiguration of existing main roof Article 53 Section 25EB Neighborhood Roof Structure restrictions Max allowed height on parcel has been exceeded

Purpose: No Record of occupancy, confirm occupancy as a 2-family dwelling and to 4 residential units and Erect addition to change to four-unit residential dwelling. *10/22/24 application assigned to FD by Dept Head Paul Williams 11/19/24** 6.25.25 OCC. Committee review completed and application self NDOD OVERLAY is applicable

Case: BOA-1774650 Address: 23 Wachusett Street Ward 18 Applicant: Felix G Sanchez

Article(s): Art. 09 Sec. 01 Reconstruction/Extension of Nonconforming Bldg. Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient

Purpose: Renovation Dormer expansion on the right side, rear deck addition and extension of the front deck. [ePlans]

Case: BOA-1746236 Address: 31 Park Street Ward 16 Applicant: Patrick Drummond

Article(s): Article 65, Section 9 Rear Yard Insufficient Art. 65 Sec. 41 Off street parking requirements Article 65, Section 42.13 Two or More Dwellings on Same Lot

Purpose: Two dwellings on the same lot. (Original permit number: 31R Park St ALT1707841) [ePlans]

Case: BOA- 1746241Address: 31R Park Street Ward 16 Applicant: Patrick Drummond

Article(s): Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Rear Yard Insufficient Art. 65 Sec. 41Off street parking requirements Article 65, Section 42.13Two or More Dwellings on Same Lot

Purpose: Convert existing garage into dwelling unit as per the plans no change to the existing footprint [ePlans][To follow Boston's ADU Guidelines]

Case: BOA-1729631 Address: 61 Columbia Road Ward 14 Applicant: Peter Vanko

Article(s): Article 60 Section 3 Use Regulations in Residential Subdistricts Auditorium use is forbidden. Article 60 Section 3 Use Regulations in Residential Subdistricts Office use is forbidden Article 60 Section 3Use Regulations in Residential Subdistricts Gym use is forbidden Article 60, Section 60 4-Dimensional Regulations Table D Front yard min. required: 15' Proposed Columbia Rd.: 0' Proposed Hewins St.: 7’ Proposed: Seaver St.: 10.5' Article 60, Section 60 4-Dimensional Regulations Table D Side yard min. required: 10’ Proposed: 7' (R) Article 60, Section 60 4-Dimensional Regulations Table D Rear yard min. required: 30' Proposed: 29.3'

Purpose: Erect single-story commercial building with parking and occupied basement. Building to contain Auditorium, Gym, and Offices uses. Combine lots 1400946001, 1400945000, 1400944000, and 1400943000.Proposing 27 parking spaces. Demolition of existing building under SF:# eplan

Case: BOA- 1772101 Address: 122 DeWitt Drive Ward 9 Applicant: Antonio Rodriquez

Article(s): Article 50 Section 24 Use: Conditional

Purpose: Change occupancy from Community Center to Community Center & High School to include a (Private High School Urban Achievers) Monday thru Friday from 7am to 3pm 13 year olds 16 year olds on site & 7am 5pm school administrators.

Case: BOA-1781936 Address: 12 Perkins Avenue Ward 18 Applicant: Arisleyda Veras

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. Modification of nonconforming 2f structure on lot Art. 69 Sec. 08 Conditional Two family use Art. 69 Sec. 09-Dimensional Reg. Insufficient lot size Art. 69 Sec. 09-Dimensional Reg. Insufficient lot width Art. 69 Sec. 09-Dimensional Reg. Insufficient Open space per unit Art. 69 Sec. 09Dimensional Reg. Insufficient Side yard setback Article 69 Section 29 Off-Street Parking & Loading Req Insufficient parking Article 69, Section 30.12 Two or More Dwellings on Same Lot

Purpose: February 27, 2025 This is 1 of 2 buildings on the same lot. In Conjunction with ALT1680218 Clarification: This is an existing two family dwelling whose application has been filed in conjunction with ALT1680218 for the conversion of the existing garage into a single-family home to remain on the same lot resulting in two dwellings on the same lot. 2 FAMILY #2143/1976



Case: BOA-1709737 Address: 12R Perkins Avenue Ward 18 Applicant: Arisleyda Veras

Article(s): Article 69, Section 9 Rear Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 30.12Two or More Dwellings on Same Lot Article 69, Section 8Use: Forbidden

Purpose: Remodel kitchen, bathroom, bedroom,

Case: BOA- 1652955 Address: 85 Centre Street Ward 11 Applicant: Jeffrey Drago, ESQ

Article(s) Art. 50, Section 28 Use: Forbidden Multifamily Article 50, Section 29 Add'l Lot Area Insufficient Min. required: 20,000 sqft Proposed: 6,089 sqft Article 50, Section 29 Floor Area Ratio Excessive Max. allowed: 0.8 Proposed: 2.38 Article 50, Section 29 Bldg Height Excessive (Stories) Max. allowed: 3 Proposed: 5

Article 50, Section 29 Bldg Height Excessive (Feet)Max. allowed: 35' Proposed: 55' 4"

Art. 50 Sec. 29 Usable open space insufficient Min. required: 6,500 sqft Article 50, Section 29 Side Yard Insufficient Min. required: 10' Proposed: 5.9' (R) Aggregate required: 15' Proposed: insufficient (R) Article 50, Section 29 Front Yard Insufficient Min. required: 20' Proposed: 5' Article 50, Section 29 Rear Yard Insufficient Min. required: 30' Proposed: 13' 10 3/4" Art. 50 Sec. 36Neighborhood Design Overlay District Art. 50 Sec. 44.2Existing Bldg Alignment Land surveyor didn't provide a street modal calculation to verify its compliance. Art. 50 Sec. 43Off street parking insufficient Min. spaces required: 10 Proposed: 8

Purpose : To erect a new residential building with 10 units and 8 parking spaces. Demolition of existing building under

SF:# Two lots being combined under ALT1534326 and ALT1534323

Case: BOA- 1724209 Address: 6 Groom Street Ward 7 Applicant: Brian Chavez

Article(s): Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Usable Open Space Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 *Lot Area Insufficient Article 65, Section 15 Use: Forbidden Art. 65 Sec. 60 37 Off Street parking insufficient

Purpose: Change of occupancy from a 3 family with ADU to a 5 family to include front and rear porches for second means of egress, new roof deck and a head house

Case: BOA- 1730151 Address: 208 H Street Ward 7 Applicant: Sebastien Hazard

Article(s) Article 68, Section 8 Rear Yard Insufficient Article 68, Section 29 Roof Structure Restrictions

Art. 25 Sec. 5 Flood Hazard Districts Art. 29, Section 4 Greenbelt Protection Overlay District

Purpose : INTERIOR RENOVATION AND REAR ADDITION. NO CHANGE IN OCCUPANCY, USE OR

EGRESS.

Case: BOA- 1575425 Address: 62 L Street Ward 6 Applicant: David Luciano

Article(s): Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Side Yard Insufficient

Art.68 Sec 29 Roof Structure Restrictions Access to the roof deck must be via a roof hatch

Purpose: Replace existing exterior stairs and construct a new roof deck.

Case: BOA-1775900 Address: 5 Redlands Road Ward 20 Applicant: Stephen Marsh

Article(s): Article 9, Section 9 3 Effect of non use of Nonconforming use Legal Occupancy and land use abandoned for a period greater than two years Art. 56 Sec. 37 Screening & Buffering None proposed on plans Article 56, Section 39 Off Street Parking & Loading Req Insufficient parking and 1 loading bay required Art. 56 Sec. 39 Off street parking requirements 5. Design: Width of an unobstructed 10' driveway and clear maneuvering areas

Purpose: The petitioner seeks a determination that the Inspectional Services Department erred in issuing permit ALT1748839

Case: BOA- 1771531 Address: 150 Third Avenue Ward 2 Applicant: Melissa Brennan on behalf of herself and other abutters to 150 Third Avenue, Charlestown

Purpose: Purpose: The petitioner seeks a determination that the Inspectional Services Department erred in issuing permit

ALT1596439.