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Zoning Board of Appeal Hearing

The July 12, 2022, hearing will be held virtually via video teleconference and telephone via the Zoom Webinar event platform.

Please be advised of the following appeals to be heard on July 12, 2022, beginning at 9:30 a.m. and related announcements. All matters listed on this July 12, 2022, hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The July 12, 2022, hearing will be held virtually via video teleconference and telephone via the zoom webinar event platform.

Interested persons can participate in the hearing REMOTELY by going to our online meeting. You may also participate by phone by calling into the Zoom Webinar at 301-715-8592 and entering the Webinar ID: 996 0844 0932 followed by # when prompted.

If you wish to offer testimony on an appeal, please sign up online. Please provide your name, address, the address and/or BOA number of the appeal on which you wish to speak, and if you wish to speak in support of or opposition to the project.

For individuals who need translation assistance, please notify the Board at least 48 HOURS in advance either by signing up online, calling 617-635-4775, or emailing zba.ambassador@boston.gov.

The ZBA Ambassador will be available within the Zoom Webinar Event from 8:30 - 9:30 a.m. to answer questions about ZBA procedures and offer instructions on how to participate in the hearing via Zoom. Questions and/or concerns can also be emailed to the ZBA Ambassador at zba.ambassador@boston.gov.

 If you wish to offer comment within the meeting platform, please use the “Raise Hand” function that should appear on the bottom of your screen, if connected by computer or device, or dial *9, if connected by phone. On a computer or device, you will receive a request to unmute yourself from the event host. You must select yes before you can speak. On a phone, you will hear a prompt that the event host is asking you to unmute yourself. You must press *6 to unmute yourself before you can speak. Commenters will be asked to state their name, address and comment. Comments will be limited as time requires.

If you wish to offer testimony on an appeal, please log in to the hearing no later than 8:30 a.m. to ensure your connection is properly functioning.

The hearing can also be viewed via livestream on the City’s website. Closed captioning is available.

Interested persons who are unable to participate in the hearing remotely may make an appointment to appear in person at City Hall in the BPDA Board Room. Please notify the Board at least 48 HOURS in advance either by calling 617-635-4775 or emailing isdboardofappeal@boston.gov for accommodations to be made.

Members of the community are strongly encouraged to help facilitate the virtual hearing process by emailing letters in support of or opposition to an appeal to zbapublicinput@boston.gov in lieu of offering testimony online or from the BPDA board room. It is strongly encouraged that written comments be submitted to the board at least 48 hours prior to the hearing. When doing so, please include in the subject line the BOA number, the address of the proposed project, and the date of the hearing.

The public can offer testimony.

Discussion Topics

  1. APPROVAL OF THE HEARING MINUTES

    June 7, 2022

  2. EXTENSIONS: 9:30AM

    Case: BOA-579100 Address: 931 Bennington Street Ward 1 Applicant: Richard Lynds, Esq

    Case: BOA- 788662 Address: 587 Albany Street Ward 8 Applicant: Jeffrey Drago, Esq

    Case: BOA- 874954 Address: 303-305 Bennington Street Ward 1 Applicant: Matthew Eckel, Esq

    Case: BOA- 843335 Address: 42 Chestnut Street Ward 5 Applicant: Ian Urquhart

    Case: BOA-938001 Address: 4-8 Lakeside Avenue Ward 18 Applicant: Derric Small, Esq

    Case: BOA-826724 Address: 1199-1203 Blue Hill Avenue Ward 14 Applicant: George Minasdis

    Case: BOA-1046127 Address: 201-241 Stuart Street Ward 05 Applicant: Michael Flannery, Esq

  3. BOARD FINAL ARBITER: 9:30AM

    Case: BOA-1186589 Address: 64 Tolman Street Ward 16 Applicant: Tim Longden

    Case: BOA- 1336234 Address: 141 D Street Ward 6 Applicant: Adam Jaspon

  4. GROUNDWATER CONSERVATION OVERLAY DISTRICT ONLY: 9:30AM

    Case: BOA-1321654 Address: 73 Beacon Street Ward 5 Applicant: Ben Fuller Articles: Article 32, Section 4.GCOD, Applicability Purpose : Complete interior renovation and additions to existing two family. Scope includes complete interior work with new elevator, underpinning of existing deteriorating foundation, rear multistory addition with 2 car garden level garage, roof dormer, and roof decks. New and restored windows. New life safety systems (FA/FP).

  5. HEARINGS: 9:30AM

    Case: BOA-1279637 Address: 185 London Street Ward 1 Applicant: Coliseum Development Advisors, Inc Articles: Article 53 Section 56 Off Street Parking & Loading Req Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Purpose : Interior framing and MEP work in order to separate the 3rd and 4th floor to create an owner occupant ADU on the 4th level.

    Case: BOA- 1328555 Address: 8C Allstate Road Ward 7Applicant: Warren Mott Articles: Article 65, Section 15 Use: Conditional - Liquor store is a Conditional use in a CC Sub district Purpose : Interior tenant fit out and exterior door/window modifications. Change from Office Max to Total Wine liquor store.

    Case: BOA-1280651 Address: 9 Batchelder Street Ward 8 Applicant: Bellal REA, LLC Articles: Article 50, Section 29 Rear Yard Insufficient Article 50, Section 29 Floor Area Ratio Excessive Purpose: Extension of living space into the basement for Unit 1. Renovation of Unit 2 with extension into attic as unit 2. Deck alterations, modify and update kitchens and bathrooms, add new bathrooms, new exterior siding and new windows, new doors, new dormer, patch roofing, new driveway, sidewalk and curb cut and landscaping. To Correct Violation #V568472.

    Case: BOA- 1328912 Address: 951-959A Dorchester Avenue Ward 13 Applicant: Dorchester Market, LLC Articles: Article 65, Section 8 Use Regulations - Use: Bakery: Conditional Article 65, Section 8 Use Regulations – Use: Liquor Store: Forbidden Purpose: Change of Occupancy and Use of one of the commercial space at 951 Dorchester Ave, to including local retail business (Allowed Use) , and with an accessory package store and liquor store use (Forbidden Use), and Bakery use (Conditional Use). No change to plans. 

    Case: BOA-1298409 Address: 21 Jones Avenue Ward 14 Applicant: Joseph Feaster Articles: Art. 60 Sec. 9 Additional Lot Area Insuff - Total lot area required: 7,500 sqft Proposed: 5,324 sqft Article 60, Section 41.1 Conformity Ex Bldg Alignment - Modal not provided to verify compliance. Purpose: To erect a new 3 story / 3 family dwelling on vacant lot parcel ID #1403713000 as per plans. Please note Permit to be put in Builder or Developers name prior to any permit being issued.

    Case: BOA- 1280472 Address: 18 Hendry Street Ward 15 Applicant: Clive Whittaker Articles: Article 65, Section 9 Side Yard Insufficient Purpose: Parking for 2 spaces next to home.

    Case: BOA- 1283621 Address: 118R Homes Avenue Ward 15 Applicant: Anthony Monahan Articles: Art.65 Sec. 8 Use: Forbidden - 3F in 2F Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Rear Yard Insufficient Art. 65 Sec. 65 41.4Parking in the Front Yard Art. 65 Sec. 65 41.5 Parking Size & Maneuverability - Inappropriate maneuvering area Article 65, Section 42.13 Two or More Dwellings on Same Lot - Dwelling behind another dwelling Purpose : Erect new 3 family residential dwelling with roof deck on existing rear vacant lot of 4,491 SF. Propose (6) tandem off street parking, per plans.

    Case: BOA-1315141 Address: 16 Church Street Ward 15 Applicant: Stanley Wenners Articles: Art. 65 Sec. 02 Conformity with Existing Building - Calculation not provide to verify compliance for Fifield Street. Alignment Modal Art. 65 Sec. 65 14.3 Traffic Visibility Across Corner Article 65, Section 32 NDOD Review Required Art. 55 Sec. 65 41 Off Street parking insufficient –Min Required: 3 spaces Proposed: 2 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 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Front Yard Insufficient - Min. required: 15' Proposed Church St: 0’(Decks) Proposed Fifield St.: 2.3' Purpose: Erect 3 family residential dwelling.

    Case: BOA- 1334896 Address: 240 Norwell Street Ward 17 Applicant: Doug Beudet Articles: Art. 65 Sec. 02 Conformity with Existing - Modal calculation not provided to verify compliance. Building Alignment Art. 65 Sec. 41 Off street parking requirements - 5 Design: at least 1 of the spaces shall be 8.5' x 20' 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 Floor Area Ratio Excessive Article 65, Section 9 Side Yard Insufficient Purpose: Erect a two family dwelling on a vacant lot.

    Case: BOA- 1322128 Address: 74R Favre Street Ward 18 Applicant: Johanna Acevedo Articles: Article 60, Section 9 Side Yard Insufficient Article 60, Section 9 Rear Yard Insufficient Purpose: I'm looking to have a 16' wide x 25' long x 13' high (400 square feet) prefabricated metal garage installed in the back yard of the property. The property has an existing drive way leading to the rear. Prior to the garage install, I will need to have a concrete slab with the same dimensions poured.

    Case: BOA- 1315581 Address: 5 Belle Avenue Ward 20 Applicant: Eric Hanson Articles: Art. 56 Sec. 08 Floor Area Ratio excessive Art. 56 Sec. 08 Open Space insufficient Art. 56 Sec. 08 Rear Yard Insufficient Article 56. Section 8 Side Yard Insufficient Purpose: Addition of second story over original house with alterations to existing first floor.

  6. HEARINGS: 10:30AM

    Case: BOA-1321013 Address: 41 Mount Vernon Street Ward 2 Applicant: Matthew Wood Articles: Article 62, Section 25 Roof Structure Restrictions Purpose: Renovate existing three family dwelling (see ALT1019151), extend living space into basement, new second floor bay window, construct rear addition and deck at third floor level, erect roof deck. 

    Case: BOA- 1288669 Address: 97-101 Newbury Street Ward 5 Applicant: New England Genealogical Society Articles: Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability Art. 08 Sec.07 Use: Conditional - Article8 7 use item 37: Café is a conditional use in a B 3 65 sub district. Art. 15 Sec. 01 Floor Area Ratio excessive Art. 20 Sec. 01 Rear Yard Insufficient Purpose: Combine 97 to 99 101 Newbury St to be known as 97 101 Newbury St. Cost and work reflected on ALT1253831 and ALT1254001.

    Case: BOA- 1336832 Address: 291 Beacon Street Ward 5 Applicant: SEE REAL ESTATE, LLC Articles: Art. 08 Sec.07 Use: Conditional Art. 09 Sec. 01 Extension of Non Conforming Use- > 25%volume Purpose :Existing Lodging House Change of Occupancy to Increase number of Occupants from 11 to (CHANGED TO 31 persons). No construction planned. *NOTE; 4th story (two means of unimpeded egress must be maintained).

    Case: BOA-1332366 Address: 53 Grampian Way Ward 13 Applicant: Patrick Kenney & Raya Gabry Articles: Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Feet) Purpose: Convert existing attic into living space with two bedrooms and a bathroom. Construct two dormers.

    Case: BOA- 1311043 Address:15 Fowler Street Ward 14 Applicant: Neal Gulden Articles: Article 60, Section 41.1 Conformity Ex Bldg Alignment - Min. required: 32.2' (as per modal provided) Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Add'l Lot Area Insufficient Art. 60 Sec. 09Floor Area Ratio excessive Art. 60 Sec. 09 Usable open space insufficient Article 60, Section 9 Front Yard Insufficient. Art. 60 Sec. 09 Side yard insufficient Purpose: Erect new construction 3 family dwelling as per plans.

    Case: BOA- 1339059 Address: 25 Barry Street Ward 15 Applicant: Andrew Lederer Articles: Article 65 Section 7 Lot Area Insufficient Article 65 Section 7 Floor Area Ratio Excessive Article 65 Section 7 Rear Yard Insufficient Purpose: To subdivide an existing Lot of 6,831 sf into 2 Lots. Lot A (25 Barry Street) with an existing 3 Family Dwelling shall have 3,750 sf and Lot B (52 Bellevue Street vacant Lot) will have 3,081 sf (as per plans). There will be a new 3 Family Dwelling built on Lot B 52 Bellevue Street ( ERT1216992 ).

    Case: BOA-1339067 Address: 52 Bellevue Street Ward 15 Applicant: Andrew Lederer Articles: Article 65 Section 7 Lot Area Insufficient Article 65 Section 7 Lot Width Insufficient Article 65 Section 7 Lot Frontage Insufficient Article 65 Section 7 Floor Area Ratio Excessive Article 65 Section 7 Building Height Excessive Article 65 Section 7 Building Height ( # of Stories ) Excessive Article 65 Section 7 Front Yard Insufficient Article 65 Section 7 Side Yard Insufficient Article 65 Section 7 Rear Yard Insufficient Article 65, Section 41 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 65, Section 41 Off Street Parking & Loading Req - Off Street Parking Design Article 65, Section 42 Application of Dimensional Req - Conformity with Existing Building Alignment Purpose: To erect a Three ( 3 ) Family Dwelling on newly created 3,081 sf Lot. Building will be fully sprinklered. See ALT1216985 (25 Barry St.).

    Case: BOA- 1315108 Address: 69 Houghton Street Ward 16 Applicant: James Christopher Articles: Art. 65 Sec.10-1 Limitation of area 5' buffer Art. 65 Sec. 41 Off street parking requirements Access/maneuvering areas Art. 65 Sec. 65-14.3 Traffic Visibility Across Corner Art. 65 Sec. 65-41.4 Parking in the Front Yard Art. 65 Sec. 9 Rear yard Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Excessive f.a.r. Art. 65 Sec. 9 Front yard Art. 65 Sec. 9 Side yard Purpose: To construct a new two family residential building with off street parking as per the attached plans.

    Case: BOA- 1328368 Address:88 Chesterfield Street Ward 18 Applicant: Roberson Castor Articles: Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient Purpose: Reconfiguration of 2nd floor per the approved plans including new framing, roofing and finishes 

    Case: BOA- 1306699 Address: 654 Cummins HWY Ward 18 Applicant: Memorial Partners, LLC Articles: Art. 09 Sec. 01 Extension of Non Conforming Use- Funeral home use is forbidden in a 2 Family district Art. 60 Sec. 09 Floor Area Ratio excessive Art. 60 Sec. 09 Rear yard insufficient Min. Purpose: Interior/exterior renovations Relocation of embalming room to location of existing garage Construction of new garage (It will be attached to the existing building.) ADA bathroom buildout.

    Case: BOA- 1324720 Address: 120 Glendower Road Ward 18 Applicant: Ulson Lucien Articles: Art. 67 Sec. 09 Side Yard Insufficient - Left side only 8' wide Art. 67 Sec. 12 Dimensional Regulations Art. 67 Sec. 09 Open Space insufficient Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Lot Width Insufficient Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Bldg Height Excessive (Stories) Purpose: For zoning relief: New construction of a 2 family dwelling with 4 parking spots and curb cut and driveway.

    Case: BOA- 1304395 Address: 124 Glendower Road Ward 18 Applicant: Ulson Lucien Articles: Article 67, Section 9 Side Yard Insufficient - Please note: Zoning Reviews cannot be performed on the new lot known as 120 Glendower RD because it is a vacant lot. Purpose: Subdivide this lot into two lots. New lot to be known as 120 Glendower.

    Case: BOA- 1324136 Address: 124 Glendower Road Ward 18 Applicant: Ulson Lucien Articles: Article 67, Section 9 Lot Width Insufficient Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Bldg Height Excessive (Stories) Article 67, Section 9 Usable Open Space Insufficient Article 67, Section 9 Side Yard Insufficient Article 67, Section 9 Lot Area Insufficient Art. 67 Sec. 09 Open Space insufficient Purpose : Extension of living space to the attic (dormers) and basement. Conjunction with ALT1263102.

  7. RE-DISCUSSIONS: 11:30 AM

    Case: BOA- 1255773 Address: 753 East Broadway Ward 6 Applicant: L Street, LLC Article(s): Art. 68 Sec. 33 Off Street parking Req - Parking spaces required: 3 Provided: 0 Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Purpose: Proposed renovation to change occupancy from Restaurant with take out and office space to Restaurant with take out and 2 dwelling units.

    Case: BOA- 1303471 Address: 49-49A Linwood Street Ward 9 Applicant: Steven Keyes Articles: Article 50, Section 29 Rear Yard Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Lot Frontage Insufficient Article 50, Section 29Lot Width Insufficient Article 50, Section 29Lot Area Insufficient Art. 50, Section 43 Off Street Parking Insufficient Article 50, Section 44.13 Two or More Dwellings on Same Lot Purpose: New construction of 2 story detached slab on grade garage with a studio residence above. Electricity and domestic water will be connected to existing home on site, sewer will have direct connection to street. This is one of two dwellings on same lot. See also ALT1264482

    Case: BOA- 1336276 Address: 51 Linwood Street Ward 9 Applicant: Steven Keyes Articles: Article 50, Section 44.13Two or More Dwellings on Same Lot Article 50, Section 29Side Yard Insufficient Purpose: Application for existing dwelling at 51 Linwood St in connection to ERT1180883. This is one of two dwellings on the same lot. Also see ERT1180883. 

    Case: BOA- 1287036 Address: 1759-1763 Washington Street Ward 9 Applicant: 31 Heath Street Realty Partners, LLC Article(s): Article 50 Section 28 Use Regulations - Restaurant Use: Conditional Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Bldg Height Excessive (Stories) Article 50, Section 29 Bldg Height Excessive (Feet) Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient Purpose: Change occupancy to multifamily residential 76 units and commercial/restaurant use at ground floor; restore historic facade of existing building; construct new addition above existing structure up to 13 floors and infill on adjoining parcel. Two parcels to be combined under ALT923578 and ALT92350.

    Case: BOA- 1258638 Address: 20 Hinckley Street Ward 13 Applicant: Mike Tokatlyan Articles: Art. 55 Sec. 65-41 Off-Street parking insufficient - Newly created variance via updated BOA plans Reviewed 5.6.22 Art. 65 Sec. 9 Insufficient rear yard setback-via updated BOA plans Reviewed 5.6.22 Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Insufficient lot width frontage Art. 65 Sec. 9 Insufficient lot width Art. 65 Sec. 9 Insufficient Front yard setback Art. 65 Sec. 9 Insufficient side yard setback Art. 65 Sec. 9 Excessive F.A.R Purpose: Seeking to erect a single family home on a vacant lot. *4.4.22 BOA revised plans; Proposed parking removed from scope.

    Case: BOA- 1280423 Address: 5 Magnolia Place Ward 13 Applicant: Akash Lalla Article(s): Article 50, Section 29 Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Art. 50 Sec. 29 Usable open space insufficient Article 50, Section 29 Side Yard Insufficient Art. 50 Sec. 29^ Lot Area Insufficient Art. 50 Sec. 43 Off street parking requirements - Design: Tandem space. Maneuverability. Art. 10 Sec. 01 Limitation of off street parking areas - Parking spaces on the side yard shall be separated 5 feet from the side lot line. Purpose: Convert single family dwelling to 3 Story 2 family dwelling. Replace existing foundation. Expand house footprint as shown on proposed plot plan.

    Case: BOA- 1307395 Address: 25 Gardner Street Ward 21 Applicant: George Morancy Articles: Article 51, Section 9 Lot Area Insufficient Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Bldg Height Excessive (Feet) Article 51, Section 9 Usable Open Space Insufficient Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient Article 51, Section 57.3 Traffic Visibility Across Corner Article 51, Section 56 Off Street Parking & Loading Req Purpose: Construct new 14 unit multi family dwelling.

    Case: BOA-1173599 Address: 535-537B Washington Street Ward 22 Applicant: Pure Oasis LLC Article(s): Article 51, Section 16 Use Regulations - Retail Cannabis Establishment Use:Conditional Purpose: Change of Occupancy to Retail Cannabis Establishment.

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