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Zoning Board of Appeal hearing

The Board of Appeal will hold a hearing on February 4, 2020, starting at 9:30 a.m.

The Boston Zoning Code has information on the Articles and definitions of terms in this agenda.

The public can offer testimony.

Discussion Topics

  1. EXTENSION: 9:30 a.m

    Case: BOA-799148  Address: 951-959A Dorchester Avenue Ward  13 Applicant: 959 Dot LLC

     

    Case: BOA-771127  Address: 3 Allen Road Ward  22 Applicant: Dr. Raza Malik & Ms. Amama Sadiq (by Kenneth M Goldstein)

     

    Case: BZC-29846  Address: 1954 Commonwealth Avenue Ward   21  Applicant: Paul Alan Rufo

     

    Case: BOA-791773  Address: 1208R VFW Parkway Ward  20 Applicant: Dennis A Quilty

     

    Case: BOA-791768  Address: 1208C VFW Parkway Ward 20  Applicant: Dennis A Quilty

     

    Case: BOA-791775  Address: 1208D VFW Parkway Ward  20 Applicant: Dennis A Quilty

     

    Case: BOA-463655  Address: 120 West Fourth Street Ward  6 Applicant: 33 A Street Development LLC (by Marc LaCasse)

     

    Case: BOA-694026  Address: 77-85 Liverpool Street Ward  1Applicant: Richard Lynds, Esq

     

    Case: BOA-642862  Address: 301-303 Border Street Ward  1Applicant: Caleb Manchester

  2. GCOD: 9:30 a.m

    Case: BOA-1035843  Address: 116 Chandler Street Ward 4  Applicant: Edward Perry

    Article(s): 32(32-32-4)

     Purpose: Confirm occupancy as a three family and complete renovation of 3 units.

  3. BUILDING CODE 9:30 a.m

    Case: BOA#1035760  Address: 15-17 Swallow Street Ward 6  Applicant: Trey Zaharek

    Purpose: Construct new roof deck structure with access by existing roof hatch. Section: 9th 780 CMR 1011 Stairways. Section 1011.12.2 Roof Access. Where a stairway is provided to a roof, access to the roof shall be provided through a penthouse to complying, with Section 1510.2.

     

  4. HEARING: 9:30 a.m.

    Case: BOA-1037522  Address: 437 Frankfort Street Ward 1  Applicant: 441 Frankfort St, LLC

    Article(s): 27T(27T-5) 53(53-9: Excessive F.A.R., Max allowed # of stories exceeded & Max allowed height exceeded) 53(53-56)

    Purpose: Erect a 6 unit residential dwelling.

     

    Case: BOA-1013465   Address: 10 Geneva Street Ward  1 Applicant: Geneva Street, LLC

    Article(s): 53(53-9: Add'l lot area insufficient, Floor area ratio excessive, Bldg height excessive (stories), Bldg height excessive (feet), Usable open space insufficient, Front yard insufficient & Side yard insufficient) 53(53-56) 27T(27T-5) Purpose: Erect new 4-story Multi-Family Dwelling (7residential units) and accessory parking at grade.

     

    Case: BOA-1013467  Address: 255 Maverick Street Ward  1 Applicant: Maverick Street, LLC

    Article(s): 27T(27T-5) 53(53-8: MFR use - forbidden & Retail use - forbidden) 53(53-9: # of allowed stories exceeded, Maximum allowed height exceeded, Insufficient additional lot area per dwelling unit & Excessive F.A.R.) 53(53-56) Purpose: Demolish existing one story and erect new mixed use 4 story building containing 9 residential units and one local retail unit with accessory parking at grade.

     

    Case: BOA-1025626  Address: 8 Hancock Street Ward 2  Applicant: Oliver Childs

    Article(s): 62(62-8) 62(62-25)

    Purpose: Single family remodel, alteration to roof line, keep current height, re design shape to allow head height over the floor area. extend 2nd floor bedroom south facing wall 5' outwards to match floor below and increase walkable access around a queen sized bed. excavate basement 2' digout.

     

     

     

    Case: BOA-962282  Address: 40 Berkeley Street Ward  5 Applicant: MVC40B, LLC

    Article(s): 64(64-34) 64(64-21) 64(64-22: Building height excessive, FAR ratio excessive & Rear yard)

    Purpose: Construct outdoor amenity space for roof deck patio and bar area; enclose mechanical and structural systems currently on the roof; construct deck support structures.

     

    Case: BOA-1030898  Address: 189 Ipswich Street Ward  5 Applicant: 189 Ipswich Street Realty Trust by : NESV Real Estate, LLC its Trustee

    Article(s): 32(32-32-4) 66(66-14)

    Purpose: Site improvements to existing lot, to include drainage, paving and construction of new utility building and installation of a new private duct bank. In relation to ALT997205 uses existing main use  parking lot to remain ancillary uses as needed ancillary to the ballpark / music venue. Back office data and digital  processing propane storage less than 10,000 CF. Fertilizer storage (appropriate quantity per safety codes).

     

    Case: BOA-1014305  Address: 91 Newbury Street Ward 5  Applicant: Allison DiCarlo

    Article(s): 8(8-7)

    Purpose: Change of Occupancy from Store to Retail Store with Take-out #36A. No work to be done.

     

    Case: BOA- 983468 Address: 521 East Eighth Street Ward 7  Applicant: George Morancy

    Article(s): 27S(27S-5) 29(29-4)

    Purpose: New construction erect four story multifamily 8 residential unit building on vacant lot.

     

    Case: BOA-995949  Address: 224 M Street Ward  7 Applicant: Mark Little

    Article(s): 68(68-8)

    Purpose: Construct new roof deck per plans using composite decking and cable guard rail. Access is through existing roof hatch.

  5. HEARINGS: 10:30 a.m.

    Case: BOA-1023609  Address: 75-81 Dudley Street Ward  9 Applicant: Madison Park Development Corporation

    Article(s): 50(50-28: Retail use - forbidden & Multifamily use - forbidden) 50(50-29: Insufficient additional lot area per unit (2500sf/unit req.), Excessive F.A.R. - (.8 max), # of allowed stories exceeded (3 story max), Height exceeded (35' max.), Insufficient usable open space per unit (650/unit req.) & Insufficient rear yard setback (30' req.)) 50(50-41) 50(50-43: Insufficient parking - (retail), Insufficient parking - (residential) & Loading Bay (1 req.)) 50(50-44: 5. special provisions for corner lots - (insufficient front yard setback 20'/modal req.) & 3. traffic visibility across a corner lot - (exceeds 2.5' max with 30' from intersection))

    Purpose: Four story twenty unit af-fordable condo building with 720 sq ft of commercial space on the ground floor at parcels 09-03215010 and 09-03161010 in Roxbury.

     

    Case: BOA-992973  Address: 25 Mcbride Street Ward 11   Applicant: Alpine Advisory Services

    Article(s): 55(55-9: Add'l lot area insufficient, Usable open space insufficient & 55.9.3 location of main entrance) 55(55-40) 

    Purpose: Change occupancy from two family & retail store to a three family dwelling for this is an existing condition for many years, No work to be done.

     

    Case: BOA#992974  Address: 25 Mcbride Ward 11  Applicant: Alpine Advisory Services

    Purpose: Change occupancy from two family & retail store to a three family dwelling for this is an existing condition for many years, No work to be done. Section: 9th 780 CMR 903.2 (MA Amend) Occupancy Automatic Sprinkler Requirement. 9th 780 CMR 1006 Number of exists and exit access doorway. Unit 3 only has 1 means of egress.

     

    Case: BOA-1036406  Address: 251 Bowdoin Street Ward 15  Applicant: Jean-Luc Debarros

    Article(s): 65(65-15) 

    Purpose: Change occupancy from Adult Education (Computer training lab to restaurant with take out).

     

    Case: BOA-1030026  Address: 350-352 Gallivan Blvd Ward  16 Applicant: Theresa O'Neill

    Article(s): 9(9-1)

    Purpose: This application is intended to revive an expired permit to install a driveway and curb cut for two parking spots. This is an existing three family dwelling. The proposed driveway is located on the side of the house fronting on Magdala Street which is a one way heading to Gallivan Boulevard.

     

    Case: BOA- 1037843  Address: 4 Payne Street Ward  16 Applicant: Marc Savatsky

    Article(s): 65(65-8) 65(65-9: Floor area ratio excessive, Bldg height excessive (stories), Bldg height excessive (feet), Front yard insufficient, Side yard insufficient & Rear yard insufficient) 65(65-9.2) 

    Purpose: Erect new 3-1/2 story 6-family building on combined lot above open-air parking garage with (9) parking spaces.

     

    Case: BOA-1033581  Address: 45 Oak Street Ward  18 Applicant: Yenmid Rodriguez

    Article(s): 69(69-8) 69(69-9) 69(69-29) 

    Purpose: Change occupancy from 2 to 3 family. No work to be done existing.

     

    Case: BOA-1025545  Address: 79 Moss Hill Road Ward 19  Applicant: Shashank Mara and Minita Shah-Mara

    Article(s): 55(55-9: Floor area ratio excessive, Side yard insufficient & Front yard insufficient) 

    Purpose: Existing single story wood structure over concrete walk-out basement/garage. Scope of work is to add an additional wood framed level above. Footprint remains the same. Existing footprint exceeds zoning setbacks, requires zoning rejection and appeal.

     

     

    Case: BOA-1029770  Address: 7-9 Wenham Street Ward 19  Applicant: 7-9 Wenham Street LLC

    Article(s): 55(55-9) 55(55-40) 

    Purpose: Change from a 2 to 3 family existing condition.

     

    Case: BOA-1014352  Address: 59 Chellman Street Ward 20  Applicant: Pamela Bardhi

    Article(s): 56(56-7) 55(55-9: Floor area ratio is excessive, Front yard setback requirement is insufficient & Rear yard setback requirement is insufficient)

    Purpose: Demolish existing property and erect new two family duplex.

     

    Case: BOA-1026177  Address: 16 Meredith Street Ward 20  Applicant: George & Margaret D'Arbeloff

    Article(s): 10(10-1)

    Purpose: Parking for two cars next to house. 

     

    Case: BOA-1006332  Address: 36 Morey Road Ward  20 Applicant: James Shields

    Article(s): 56(56-8: Excessive F.A.R., # of allowed habitable stories exceeded & Insufficient side yard setback)

    Purpose: Building an 2 floor addition with basement off the back of house. Addition is approximately 15'X35"- adding approximately 1050 sq ft to home.

     

    Case: BOA-1016400  Address: 541 Cambridge Street  Ward 21  Applicant: Helping Hands: Monkey Helpers for the Disabled, Inc.

    Article(s): 9(9-1) 51(51-9: Floor area ratio excessive, Bldg height excessive (stories) & Bldg height excessive (feet)) Purpose: 1) 19.2' BY 27.5' Addition to east side of building over existing footprint. 2) 11.0' BY 41.5' Dormer addition to top floor of east side of building. 3) 11.8' BY 53.8' Dormer addition to top floor of west side of building. 4) Renovation of interior and exterior on all existing floors.

     

    Case: BOA-748842  Address: 47 Dighton Street Ward  22 Applicant: Brendan Hoarty

    Article(s): 51(51-8) 51(51-9: Location of main entrance shall face the front lot line & Usable open space insufficient) Purpose: Change Occupancy from a Two (2) Family Dwelling to a Three (3) Family Dwelling. Existing condition.

     

    Case: BOA-748850  Address: 49 Dighton Street Ward 22  Applicant: Brendan Hoarty

    Article(s): 51(51-8) 51(51-9: Location of main entrance shall face the front lot line & Usable open space insufficient) Purpose: Change Occupancy from a Two (2) Family Dwelling to a Three (3) Family Dwelling. Existing condition.

     

    Case: BOA-1005757  Address: 153 Foster Street  Ward 22  Applicant: George Morancy

    Article(s): 51(51-8) 51(51-9: Excessive F.A.R. (.6 max.), Number of allowed stories exceeded (2.5 story max.), Number of allowed stories exceeded (2.5 stories max) & Insufficient rear yard setback (30' min req.)) 51(51-56)

    Purpose: Erect third-story dormers and rear addition and extend living area; interior and exterior renovations; change legal occupancy from two-family dwelling to three-family to three-family dwelling.

     

    Case: BOA-979917  Address: 56 Winship Street Ward 22  Applicant: Kenwood Builders

    Article(s): 51(51-8) 51(51-9: Insufficient additional lot area per unit, Excessive F.A.R., Front yard compliance - footnote (5) street wall alignment/modal - no street survey provided, Insufficient rear yard setback & Insufficient side yard setback) 51(51-56: Off-street parking & loading req & Off street parking requirements) 51(51-53)

    Purpose: Proposed New Construction of 9 Unit Multi Family Dwelling.

     

    Case: BOA-1033470  Address: 4 Braintree Street  Ward 22  Applicant: Oak Hill Park, LLC

    Article(s): 51(51-19) 51(51-20) 51(51-56)

    Purpose: Seeking to change the occupancy to 9 residential units and 2 retail spaces. To be known as 4-8 Franklin St.

     

    Case: BOA- 1033469 Address: 20 Braintree Street Ward  22 Applicant: Oak Hill Park, LLC

    Article(s): 51(51-19) 51(51-20: Floor area ratio excessive, Building height excessive & Rear yard insufficient)

    Purpose: Seeking to raze the existing structures and erect a seven-story mixed-use building with sixty-six residential units, two retail spaces and twenty-four parking spaces. Combined lots 16,844 SF filed under ALT1023780 and ALT1023778.

     

    Case: BOA-1033475  Address: 334-362 Cambridge Street Ward 21 Applicant: Allston Square Yellow Brick Realty Trust

    Article(s): 51(51-16) 51(51-17: Floor area ratio excessive, Building height excessive, Usable open space insufficient, Side yard insufficient & Rear yard insufficient)

    Purpose: Seeking to change the occupancy to a residential building with seventy-one units and seventeen parking spaces. Also, to raze a portion of the existing structure, erect a six-story addition, and renovate the remaining structure. To be known as 10 Highgate St.

     

    Case: BOA-1033474  Address: 1 Highgate Street Ward 21  Applicant: Allston Square Realty Trust, LLC

    Article(s): 51(51-16) 51(51-17: Floor area ratio excessive, Building height excessive, Usable open space per dwelling unit insufficient, Side yard insufficient & Rear yard insufficient)

    Purpose: Seeking to raze the existing structures and erect a seven-story mixed-use building with eighty-two residential units, two retail spaces and fifty-nine parking spaces. Combined lots 18,357 SF filed under ALT1023775 and ALT1023771.

     

    Case: BOA-1033468  Address: 16 Highgate Street Ward 21  Applicant: Amentacalus, LLC

    Article(s): 51(51-8) 51(51-9: Add'l lot area insufficient, Floor area ratio excessive, Bldg height excessive (feet), Usable open space insufficient, Front yard insufficient, Side yard insufficient & Rear yard insufficient) 51(51-56)

    Purpose: Seeking to raze the existing structure and erect a three-story building with nine residential units and six parking spaces.

     

     

    Case: BOA-1033472  Address: 8-12 Wilton Street Ward 22  Applicant: Cambridge Street Realty, LLC

    Article(s): 51(51-19) 51(51-20: Floor area ratio excessive, Building height excessive & Rear yard insufficient) 51(51-16) 51(51-17: Floor area ratio excessive, Building height excessive & Rear yard insufficient)

    Purpose: Seeking to raze the existing structures and erect a seven-story mixed-use building with one hundred and seven residential units, one re-tail space, and fifty-two parking spaces. Combined lots 29,567 SF filed un-der ALT1023786 and ALT1023784.

     

    45 Minute Lunch Break

  6. RE-DISCUSSIONS: 11:30a.m.

    Case: BOA-966339 Address: 22 Wordsworth Street Ward 1 Applicant: Will Sheehy

    Article(s): 27T(27T-9) 53(53-8) 53(53-52) 53(53-56)

    53(53-9: Lot Area Insufficient, Lot Width Insufficient, Lot Frontage Insufficient, Floor Area Ratio Excessive, Building Height Excessive,

    Building Height ( # of Stories ) Excessive, Side Yard Insufficient,

     Rear Yard Insufficient)

    Purpose: Confirm Occupancy as an existing Two (2) Family Dwelling and Change Occupancy to a Three(3) Family Dwelling.   Gut renovation, addition of a new 3rd Floor and Rear addition. New kitchens, baths, flooring, plumbing, HVAC, electrical systems. New roof, new Rear Decks, siding and foundation work.  Installation of a new Sprinkler system.

     

    Case: 959516 Address: 139 Everett Street Ward 1 Applicant: Anthony Del Vecchio

    Article(s):  53(53-9) 27T(27T-5)

    Purpose: Confirm the Occupancy as a One Family Dwelling and Change to a Two Family Dwelling to include combining of lots, roof deck with new exterior rear egress per plans submitted. All interior work and full construction costs for project      are filed under SF944100 issued 4/22/19. 

     

    Case: BOA-970669  Address: 798B East Third Street   Ward 6 Applicant: Michael & Maureen Murray

    Article(s): 27S(27S-5) 68(68-8) 68(68-29)

    Purpose: Construct rear addition and 1-story vertical addition on an attached single family dwelling. Extend living space to basement

     

    Case:1013092  Address: 570 Warren Street  Ward 12  Applicant: 570 Warren Street, LLC

    Article(s): 2(2-2-1) 9(9-1) 10(10-1) 50(50-43)

    Purpose: Change occupancy from 9 lodgers and 1 owner occupant to 17 lodgers and 1 owner occupant; interior work only to create additional bedrooms for lodgers from existing under-utilized space in the existing structure.

     

    Case: 971287Address: 643 Morton Street Ward  14 Applicant: Holy Tabernacle Church Apostolic, Inc

    Article(s): 60(60-9)

    Purpose: Change of Occupancy from Childcare Center to Three-Family Dwelling. No work to be done.

     

    Case#971286 Address:  643 Morton Street Ward  14 Applicant: Holy Tabernacle Church Apostolic, Inc

    Purpose: Change of Occupancy from Childcare Center to Three-Family Dwelling. No work to be done.

    SECTION: 9th Edition 780CMR 903.2 (MA Amend)- Occupancy Automatic Sprinkler Requiren. All Use Group R requires  automatic sprinkler system.

     

    Case: 993386 Address: 11 Greenmount Street Ward 15  Applicant: Edward Ahern

    Article(s): 65(65-8)

    65(65-9: Lot area for the add'l dwelling unit is insufficient, Floor area ratio is excessive, Height is excessive (# of stories), Height is excessive (ft), Usable open space required is insufficient, Side yard setback requirement is insufficient & Rear yard setback requirement is insufficient)

    Purpose: Erect new four unit building and parking per attached plans . BOA

     

    Case: BOA-1000521 Address: 16 Stanley Street Ward  15 Applicant: Phung Porzio,

    Article(s): 65(65-32)

    65(65-9: Lot Area Insufficient, Floor Area Ratio Excessive, Usable Open Space Insufficient,Front Yard Insufficient, Side Yard Insufficient)

    Purpose: Proposed to construct a two family on a vacant lot (as per plans).

     

    Case: BOA-972669 Address: 32-34 Tolman Street Ward 16 Applicant: Hun Le

    Article(s):  9(9-1) 65(65-42)

    65(65-9: Floor Area Ratio Excessive, Building Height Excessive,

    Building Height ( # of Stories ) Excessive, Front Yard Insufficient)

    Purpose: Build a dormer, rebuild front porch, extends living space into basement.

     

    Case: 927288 Address: 11-13 Pierce Street   Ward 18  Applicant: Charles Donovan

    Article(s): 9(9-1) 69(69-29)

    68(68-8: Use: Forbidden- MFR is a forbidden use in a 2F-5000 sub-district & Use: Forbidden- Dwelling units in basements are forbidden)

    69(69-9: Floor Area Ratio Excessive& Usable Open Space Insufficient)

    Purpose: Add 5th dwelling unit in basement

     

     

     

     

    Case: 998180 Address: 36-40 Winthrop Street Ward 18 Applicant: CBC Design

    Article(s): 10(10-1) 69(69-12) 69(69-29)

    Purpose: Attached addition on right side of existing building. USE: Community

    Center with offices.

     

    Case#998181 Address: 36-40 Winthrop Street  Ward 18 Applicant: CBC Design

    Purpose: Attached addition on right side of existing building. USE: Community Center with offices.

    SECTION: 9th Edition 780 CMR CHPT 07 - Chapter 07 - Openings in exterior walls <3' from lot line is not  allowed.

     

    Case: BOA-992741  Address: 66-66B Fawndale Road Ward 19  Applicant: Falcucci Properties, LLC

    Article(s): 67(67-9: Insufficient lot size, Insufficient additional lot area per unit, Excessive F.A.R., Insufficient open space per unit, Insufficient side yard setback & Insufficient rear yard setback) 67(67-33) 67(67-32)

    Purpose: Seeking to erect a 3-story residential building with 3 units and 6 parking spaces

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