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Zoning Board of Appeal Hearing

The September 27, 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 September 27, 2022, beginning at 9:30 a.m. and related announcements. All matters listed on this September 27, 2022, hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The September 27, 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 live-stream 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 offer testimony. 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 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: 9:30AM

    August 9, 2022; August 23, 2022

  2. EXTENSIONS: 9:30AM

    Case: BOA-1005496 Address: 1070-1078 Blue Hill Avenue Ward 14 Applicant: Matthew Eckel, Esq

    Case: BOA- 754388 Address: 63-69 Brimmer Street Ward 5 Applicant: John Pulgini, Esq

    Case: BOA-754380 Address: 55-57 Brimmer Street Ward 5 Applicant: John Pulgini, Esq

    Case: BOA- 829747 Address: 198 Hanover Street Ward 3 Applicant: Rebecca Lee, Esq

     

    Case: BOA- 825727 Address: 1078-1082 Dorchester Avenue Ward 13 Applicant: Vargas DaSilveira

     

  3. BOARD FINAL ARBITERS: 9:30AM

    Case: BOA-1182380 Address: 5 Glenburne Street Ward 12 Applicant: Joseph Feaster, Esq

    Case: BOA- 1276325 Address: 47 Chesbrough Road Ward 20 Applicant: Mark McLaughlin

    Case: BZC-32903 Address: 188 High Street Ward 3 Applicant: George Morancy, Esq

     

    Case: BOA-1330096 Address: 160 Austin Street Ward 18 Applicant: David & Giselle

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

    Case: BOA-1363912 Address:705-711 Boylston Street Ward 5 Applicant: 711 Boylston Street Realty, LL Article(s): Art. 32 Sec. 04 GCOD Applicability
    Purpose: Submitting load test waiver for the micropiles for structural work. In conjunction with ALT1189219.

  5. HEARINGS: 9:30AM

    Case: BOA-1339031 Address: 101 Kilmarnock Street Ward 21 Applicant: Stanhope Garage
    Article(s): Article 7, Section 4 Other Cond Necc as Protection - Change to a previous decision of the Zoning Board of Appeal proviso
    Purpose: The Applicant seeks to continue to use the premises as an open air commercial public parking lot for fee, capacity 15 vehicles under Boston Transportation Department License # OPAIR 78679 until December 31, 2025.

    Case: BOA-1310309 Address: 561-579 Centre Street Ward 19 Applicant: Pondside Pet Care, LLC
    Article(s): Art. 55, Section 8 Use: Forbidden - Animal/canine daycare Art.55 Sec.40 Off St.Parking/Loading Req'mnt - Required: 2 spaces/1,000 sqft gross area. Total building area:1,423 sqft.3 parking spaces provided, not showing on the plot plan but on architectural. Spaces shall show on the plot plan.
    Purpose: Seeking refusal letter for construction and change of use from gas station to Animal/Canine (Doggy) Day Care.

    Case: BOA-1332546 Address: 60 Oakridge Street Ward 17 Applicant: Derick Joyner
    Article(s): Art. 65 Sec. 60 8 3 Family Detached Dwelling, Forbidden 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 Rear Yard Insufficient
    Purpose: To erect a three family dwelling with three parking spaces in the rear.

    Case: BOA-1296092 Address: 23 Kenilworth Street Ward 9 Applicant: Sam Naylor
    Article(s): Article 50 Section 28 Use Regulations - Multi Family Dwelling (6 units) Use: Forbidden Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Bldg Height Excessive (Feet) 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 Article 50, Section 43 Off Street Parking & Loading Req - Off Street Parking Insufficient
    Purpose: Combine lots 35 41 Dudley St(0903228000) and 51 Dudley St(0903229000). Subdivide into 3 new parcels 49 Dudley St, 23 Kenilworth St, and 27 Kenilworth St. Building A: Erect 6 residential units into a newly created lot of 2,549 SF. Combine and subdivide lots to be filed under ALT.

    Case: BOA-1296093 Address: 27-29 Kenilworth Street Ward 9 Applicant: Sam Naylor
    Article(s): Article 50 Section 28 Use Regulations-Multi Family Dwelling (10 units) Use: Forbidden Article 50 Section 28 Use Regulations Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive
    Article 50, Section 29 Bldg Height Excessive (Feet) 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 Article 50, Section 43 Off Street Parking & Loading Req Off Street Parking Insufficient
    Purpose: Combine lots 35 41 Dudley St(0903228000) and 51 Dudley St(0903229000). Subdivide into 3 new parcels 49 Dudley St, 23 Kenilworth St, and 27 Kenilworth St. On 27 Kenilworth St. Building B: Erect 10 residential units and 1 commercial space into a newly created lot of 4,413 SF. Combine and subdivide lots to be filed under ALT.

    Case: BOA-1296094 Address: 49 Dudley Street Ward 9 Applicant: Sam Naylor
    Article(s):Article 50 Section 28 Use Regulations-Multi Family Dwelling (6 units) Use : Forbidden Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Bldg Height Excessive (Feet) 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 Article 50, Section 43Off Street Parking & Loading Req Off Street Parking Insufficient
    Purpose: Combine lots 35 41 Dudley St(0903228000) and 51 Dudley St(0903229000). Subdivide into 3 new parcels 49 Dudley St, 23 Kenilworth St, and 27 Kenilworth St. On 49 Dudley St.Building C: Erect 6 residential units into a newly created lot of 2,269 SF. Combine and subdivide lots to be filed under ALT.

    Case: BOA-1340974 Address: 28 Clifton Street Ward 8 Applicant: Vernon Woodworth
    Article(s):Art. 50 Sec. 01 Floor Area Ratio excessive Art. 50 Sec. 29 Usable open space insufficient Art. 50 Sec. 29^ Lot Area Insufficient Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient
    Article 50, Section 29 Rear Yard Insufficient Art. 50 Sec.44 Dimensional Requirements
    Purpose: One of two three family building to be constructed adjacent to one another, separated by fire wall as per plans. ERT1320001

    Case: BOA-1340980 Address: 30 Clifton Street Ward 8 Applicant: Vernon Woodworth
    Article(s): Art. 50 Sec. 44 Dimensional Requirements Article 50, Section 29 Front Yard Insufficient
    Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient
    Art. 50 Sec. 01 Floor Area Ratio excessive
    Purpose: One of two three family buildings to be constructed adjacent to one another, separated by fire wall as per plans. ERT1319999

    Case: BOA-1346693 Address: 10 Kerwin Street Ward 14 Applicant: Donald Donnalson
    Article(s): Article 60, Section 9 Front Yard Insufficient Art. 60 Sec. 09Side yard insufficient - Left side under 10'
    Art. 60 Sec. 09 Floor Area Ratio excessive
    Purpose: This is a change order to an existing permit SF1247222. Client wants their existing second floor front porch enclosed to create a three season porch. Valuation is the additional cost.

    Case: BOA-1352932 Address: 221 West Springfield Street Ward 4 Applicant: Kenneth Jameson
    Article(s): Article 64, Section 34 Roof Structure Restrictions - Roof Deck with hatch
    Purpose: Roof deck see plans interior floor repair, stair repair add lights in hall.

    Case: BOA-1351205 Address: 5-9 Hudson Street Ward 3 Applicant: 5-7-9 Hudson Street Limited Partnership
    Article(s): Art. 43, Section 19 Use: Conditional - Table E: Take out
    Purpose: Changing occupancy to include takeout SF1278113

    Case: BOA-1290231 Address: 231 Everett Street Ward 1 Applicant: Richard Crespo, Crespo Group
    Article(s): Article 27T 5 East Boston IPOD Applicability Article 53 Section 9 Insufficient additional lot area per unit
    Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 Insufficient side yard setback Article 53 Section 9Insufficient open space per unit Article 53 Section 9 Insufficient rear yard setback Article 53 Section 56Off Street Parking & Loading Req-Insufficient parking
    Purpose: Seeking to erect a new structure with three units and two roof decks on a vacant lot.

    Case: BOA-1307730 Address: 306 Sumner Street Ward 1 Applicant: Hammond Pond Realty, LLC
    Article(s): Art. 25 Sec. 5 Flood Hazard Districts Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability Article 27T 5 East Boston IPOD Applicability Article 53, Section 9 Rear Yard Insufficient
    Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Add'l Lot Area Insufficient Article 53 Section 8Use Regulations-MFR is a Forbidden use in a 3F 2000 Sub district Article 53, Section 56Off Street Parking & Loading Req-Off street parking is insufficient
    Purpose: Erect addition and change occupancy from a three (3) to a four (4) unit residential dwelling with rear decks.

    Case: BOA-1376649 Address: 313-313A Meridian Street Ward 1 Applicant: Luis Cadavid
    Article(s): Art. 06 Sec. 04 Other Protectional Conditions - Take out proviso granted to a petitioner. Remove it (as per job description)
    Purpose: Removal of proviso "this petitioner only" Under BZC 33278, Alt289856

    Case: BOA-1376664 Address: 727 Atlantic Avenue Ward 3 Applicant: Stone’s Throw Canabis LLC
    Article(s): Art. 44 Sec. 10 Use: Conditional - 1st flr Cannabis retail -Conditional Art. 44 Sec. 10 Use: Conditional - 2nd flr Cannabis retail accessory uses -Conditional Art. 44 Sec. 10 Use: Conditional - (n) Cannabis Establishment. Provided that any cannabis establishment shall be located at least one-half mile/2,640 feet from another existing cannabis establishment and at least 500 feet from a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12 otherwise- forbidden
    Purpose: Change occupancy to include cannabis retail, including reinforcing walls with wire mesh or flashing for two vaults (1st and 2nd Floor), adding a dumb waiter, and removing 7 walls on 2nd floor. Building a new wall to expand 2nd floor vault area. Security system install. Building gate on 1st floor entry.

  6. HEARINGS: 10:30AM

    Case: BOA-1353301 Address: 659 South Street Ward 20 Applicant: Ivan Biesty
    Article(s):Article 67 Section 32 Off-Street Parking & Loading Req - Insufficient parking Article 67, Section 9 Insufficient lot width Article 67, Section 9 Insufficient lot frontage width
    Purpose: Combine existing lot that has a 2 car garage (parcel #3051 000) with 4,820SQFT and the abutting existing lot that has a single family dwelling(parcel #3052 000) with 5,580SQFT into 1 lot of (revised 10,380sf)... subdivide into 2 new lots... This new lot (3A) to have (revised 6349SF) and erect new single family dwelling with attached parking; remaining land to be lot (2A) (revised 4031sf) (SEE ALT1288851) *Existing garage to be razed on a separate permit application. *FIRE LANE DESIGN note new lot lines*revised 6.21.22

    Case: BOA-1353302 Address: 661 South Street Ward 20 Applicant: Ivan Biesty
    Article (s):Article 67, Section 9 Insufficient lot size 5,000sf req.Art. 10 Sec. 01 Limitation of Area of Accessory Uses - 5' side yard buffer req.Article 67, Section 9 Insufficient lot width 50' req.Article 67, Section 9 Insufficient usable open space
    Purpose: Revised work description 6.21.22: Combine existing lot that has a single family dwelling (parcel #3052 000) with 5,580 SQFT and the abutting existing lot that has a detached 2 car garage (parcel #3051 000) with 4,820 SQFT into 1 lot of (revised to 10,380sf.).. subdivide into 2 new lots... This new lot (2A) to have (revised to 4,031sf) (SEE ERT1289104)

    Case: BOA-1353570 Address: 47 Melville Avenue Ward 17 Applicant: Philip Lewis
    Article(s):Article 65, Section 9 Side Yard Insufficient Art. 09 Sec. 01Reconstruction/Extenion of Nonconfroming Bldg.
    Article 65, Section 9 Rear Yard Insufficient - Stair to second story deck.
    Purpose: Addition of a new 2 car garage at rear of the building with an exterior deck above, connected to the 2nd floor of the existing building. Scope also includes a new sliding glass door at the 2nd floor and new exterior stair from new deck.

    Case: BOA-1344694 Address: 84 Train Street Ward 16 Applicant: Christopher Caira
    Article(s): Article 65, Section 9 Rear Yard Insufficient Article 65, Section 9 Side Yard Insufficient
    Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Area Insufficient
    Purpose: Enclose existing porch to become sunroom.

    Case: BOA-1340714 Address: 31 Hazleton Street Ward 14 Applicant: Marie Stinfil
    Article(s):Art. 60 Sec. 09 Side yard insufficient - Min. required: 10' Proposed: 8' (R) roofed basement entry.
    Art. 65 Sec. 60 8 3 Family Detached Dwelling, Forbidden Art. 60 Sec. 09 *^Usable open space insufficient - Min. required: 800 x3 units = 2,400 sqft Art. 60 Sec. 40 Off street parking insufficient - Required 1 more space
    Purpose: Convert an existing two family to a three family dwelling.

    Case: BOA-1341518 Address: 1105 Harrison Avenue Ward 8 Applicant: Nubian Ascend Partners, LLC
    Article(s):Art. 50, Section 11 FAR Art. 50, Section 11 Bldg Height Art. 50, Section 11Rear yard Article 50, Section 44.3 Traffic Visibility Across Corner
    Purpose: Construct new detached 3 story Collaborative Art Studio (Art Use) with common roof deck; according to plans. Building 4 of 4 for LPR. Also see ERT1280028, ERT1280030, ERT1322919

    Case: BOA-1341524 Address: 1121 Harrison Avenue Ward 8 Applicant: Nubian Ascend Partners, LLC
    Article(s):Art. 50, Section 10 Use: Conditional - MFR Bsmt & 1st Art. 50, Section 10 Use: Conditional - Artist mixed use Bsmt & 1st Art. 50, Section 10 Use: Conditional - Artist mixed use 2ns & above Art. 50, Section 11 FAR Art. 50, Section 11 Building Height Art. 50, Section 11 Rear Yard Article 50, Section 44.13 Two or More Dwellings on Same Lot Art. 50, Section 40.1 Street Wall continuity
    Purpose: Construct new 4 story Artist housing to contain 15 units; according to plans. Proposal combines parcels (ID: 0802472000, 0802475000, 0802479000, 0802462000, 0802461000). Building 3 of 4 for LPR. Also see ERT1280028, ERT1280030, ERT1280031.

    Case: BOA-1341528 Address: 2154 Washington Street Ward 8 Applicant: Nubian Ascend Partners, LLC
    Article(s): Art. 50, Section 10 Use: Conditional - Concert hall Second story & above Art. 50, Section 10 Use: Conditional - Outdoor place of recreation for profit Art. 50, Section 10 Use: Conditional - Bar Bsmt & first story
    Art. 50, Section 10 Use: Forbidden - Bar Second story & above Art. 50, Section 11 FAR Art. 50, Section 11 Bldg height Article 50, Section 44.13 Two or More Dwellings on Same Lot - In relation to ERT1280032. Art. 50, Section 40.1 Street Wall continuity
    Purpose: Construct new 3 story Cultural Hall to include the following uses; Concert Hall, Art Galleries, Outdoor recreation for profit, and Bars on 1st & 2nd levels; according to attached plans. Proposal combines parcels (ID: 0802472000, 0802475000, 0802479000, 0802462000, 0802461000). Building 2 of 4 for LPR. Also see ERT1280028, ERT1280031, ERT1280032

    Case: BOA-1341538 Address: 2196 Washington Street Ward 8 Applicant: Nubian Ascend Partners, LLC
    Article(s): Art. 50, Section 10 Use: Conditional - Level 1 Large restaurant w/ take out (Culinary Market) Art. 50, Section 10 Use: Conditional - Level 1 Bar Art. 50, Section 10 Use: Conditional - Outdoor place of recreation for profit Art. 50, Section 10 Use: Conditional - Level 2 Large restaurant w/ take out Art. 50, Section 10 Use: Conditional - Level 2 Restaurant with entertainment Art. 50, Section 10 Use: Conditional - Levels 2 7 Research & Development Art. 50, Section 10 Use: Conditional - Levels 2 7 Accessory scientific laboratory Art. 50, Section 10 Use: Forbidden - Levels 2 7 Light manufacturing Art. 50, Section 10 Use: Conditional - Parking Garage Basement/1st Level Art. 50, Section 10 Use: Conditional - Parking Garage Second story & above Art. 50, Section 10 Use: Conditional - Ancillary parking. In relation to ERT1280031 Art. 50, Section 11 FAR Art. 50, Section 11 Building Height Art. 50, Section 11 Rear Yard
    Article 50, Section 44.13 Two or More Dwellings on Same Lot - In relation to ERT1280032 Art. 50, Section 40.1 Street Wall continuity
    Purpose: Construct new 7 story Mixed Use building (core/shell) to include the following uses: Level 1=Culinary Market (Food court w/ take out), Bar, Demonstration Kitchen (Community center), Outdoor Recreation; Level 2=Restaurant with take out and entertainment; Levels 2 7=Office, Research & Development, Scientific Lab, Light Manufacturing; and Parking Garage. Garage is an attached 5 story above grade, 1 story below grade, structure. Loading dock is an attached 1 story structure. Refer to submitted plans. Proposal combines parcels (ID: 0802472000, 0802475000, 0802479000, 0802462000, 0802461000). Building 1 of 4 for LPR. See also ERT1280030, ERT1280031, ERT1280032

    Case: BOA-1359889 Address: 400 Melnea Cass Blvd Ward 8 Applicant: Urbanica Inc
    Article(s): Art. 25 Sec. 5 Flood Hazard Districts Art. 50, Section 40.1 Street Wall continuity - Street walls shall be continuous across a lot. Article 50, Section 44.3 Traffic Visibility Across Corner Article 50, Section 44.13 Two or More Dwellings on Same Lot Art. 50, Section 25 FAR: Max. allowed: 2 Proposed has been calculated with a bigger lot area.
    Art. 50, Section 25 Building height: Max. allowed: 45' Proposed: 69' Art. 50, Section 24 Use: Forbidden - 4 live work units on first floor. Article 50 Section 24 Use: Conditional - Gallery
    Purpose: Erect new 6 story multifamily structure with 60 dwelling units, 4 live work units and 3 commercial/art stores. In conjunction with ERT1252887 (2 buildings on the same lot).

    Case: BOA-1359896 Address: 402 Melnea Cass Blvd Ward 8 Applicant: Urbanica Inc
    Article(s): Art. 25 Sec. 5 Flood Hazard Districts Art. 50, Section 24 Use: Forbidden - 1 live work unit on first floor Art. 50, Section 24 Use: Conditional - Gallery Art. 50, Section 24 Use: Forbidden - Retail Art. 50, Section 40.1Street Wall continuity - Street walls shall be continuous across a lot. Article 50, Section 44.13 Two or More Dwellings on Same Lot
    Art. 50, Section 25 FAR: Max. allowed: 2 Proposed: >2 since it has been calculated with an incorrect lot area. Art. 50, Section 25 Building height: Max. allowed: 45' Proposed: 69'
    Purpose: Erect new 6 story multifamily structure with 44 dwelling units, 3 gallery /retail space and 1 live work unit. In
    conjunction with ERT1252882 (2 buildings on the same lot).

    Case: BOA-1351772 Address: 42-44 Dorset Street Ward 7 Applicant: Gerard Molloy
    Article(s):Article 68, Section 8 # of allowed occupied stories exceeded 2.5.stories max Art 68 Sec 8 Insufficient side yard setback dormer Art 68 Sec 8 Excessive f.a.r. .5 max.
    Purpose: Gut rehab with installation of bathrooms, kitchens, rear decks; update electrical and plumbing*to include, dormer work on left and right sides, as well as, extension of living space into basement area (2 Family #702/2006)

    Case: BOA-1361240 Address: 555-567 East Broadway Ward 6 Applicant: Joey Arcari
    Article(s):Article 68, Section 34.2 Traffic Visibility Across Corner Article 68, Section 34.1Conformity Ex Bldg Alignment - Modal calculation for E Broadway St.: 0' Proposal: 3' Modal calculation for H St.: not provided. Proposed: 0' Article 68, Section 8 Add'l Lot Area Insufficient - Min. required: 10,000 sqft Proposed: 6,050 sqft Article 68, Section 8 Floor Area Ratio Excessive - Max. allowed: 1.5 Proposed: 2.79 Article 68, Section 8 Bldg Height Excessive (Feet) - Max. allowed: as existing building height (1 story), according to sect.68 29 Proposed: 39' 6"Article 68, Section 8 Side Yard Insufficient - Min. required: 3' Proposed: 0' (R) Article 68, Section 8 Rear Yard Insufficient - Min. required: 20' Proposed: 0' Article 68, Section 8 Front Yard Insufficient - Min. required: 5' Proposed: 3' (East Broadway) and 0' (H Street)
    Purpose: Raze existing single story commercial structure (Demolition short form: SF#). Erect new 4 story residential building containing (6) townhouse dwelling units.

    Case: BOA-1238402 Address: 4 Neptune Road Ward 1 Applicant: Cannabis Healing LLC
    Article(s): Art. 53 Sec. 11^Use: Conditional - Cannabis establishment
    Purpose: Occupancy will be changing from Beauty Salon to Adult Recreational Retail Cannabis Dispensary. Application is proposing a pick up window for pre orders.

  7. RECOMMENDATIONS: 11:00 AM

    Case: BOA- 1300890 Address: 6 Ruthven Street Ward: 12 Applicant: Elicaro Vasquez
    Article(s): Art. 50 Sec. 29 Usable open space insufficient Article 50, Section 29 Side Yard Insufficient
    Article 50, Section 29 Rear Yard Insufficient
    Purpose: Rear porch expansion. To include new footings, new column support of 4x6 (PT) all structure, new 5/4 decking, new hand rails.

    Case: BOA- 1341439 Address: 34 Halsey Road Ward:18 Applicant: Lester Robinson
    Article(s): Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient
    Article 69, Section 9 Floor Area Ratio Excessive
    Purpose: Build a 2 floor additional to rear of house New kitchen.

    Case: BOA-1344514 Address: 24 Fairview Street Ward: 20 Applicant: Tristan Rushton
    Article(s):Article 10, Section 1Limitation of Area any residential district shall any accessory use occupy any part of the front or side yards required by this code, except that such a side yard may be used for off street parking located more than five feet from the side lot line; and in no other district shall any accessory use other than off street parking occupy any part of the front or side yards required by this code.
    Purpose: Curb cut to access existing (prior to our ownership) paved "driveway".

    Case: BOA- 1344569 Address: 145 Eustis Street Ward: 8 Applicant: Lou Munoz
    Article 50, Section 29 Side Yard Insufficient
    Purpose: Confirm Occupancy as single family dwelling and Construct a new deck 18 x 19 in rear over 1st floor kitchen. Built according to plans. Partial cost reflected on SF1236065.

    Case: BOA- 1345274 Address: 11 Tappan Street Ward: 20 Applicant: Chelsey & Joe Wold
    Article 67, Section 33 Application of Dimensional Req 67.33.13
    Purpose: Partial change of use to create flexible family space in existing garage/barn by removing 2 of 3 parking spaces. 1 Parking space to remain.

    Case: BOA- 1349903 Address: 144 Elmer Road Ward: 16 Applicant: Tommy Tran
    Article(s): Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Side Yard Insufficient
    Purpose: Closing porch on the back of house install new footing install new stairs install 8 windows install new siding install new sheetrock.

    Case: BOA- 1350180 Address: 108 Laurie Avenue Ward: 20 Applicant: John-Patrick McManus
    Article(s): Article 10, Section 1Limitation of Area of Accessory Uses
    Purpose: Adding a driveway in front of my house for 2 parking spots. I don’t have any off street parking.

    Case: BOA-1352719 Address: 168 Sycamore Street Ward: 19 Applicant: Andrzej Juzyca
    Article(s): Article 67, Section 9 Bldg Height Excessive (Stories)
    Purpose: Installing a shed dormer to create more living space on the third floor, removing a load bearing wall to open up the first floor, framing new walls.

    Case: BOA- 1353576 Address: 33 Augustus Avenue Ward: 18 Applicant: Miguel Williams
    Article(s): Article 67, Section 9 Floor Area Ratio Excessive
    Purpose: Legalize existing living space in basement. Install bathroom and flooring. City of Boston Board of Appeal

    Case: BOA- 1360701 Address: 53 Cedar Grove Street Ward: 16 Applicant: Lighthouse Architecture/John Roche AIA
    Article(s): Art. 65 Sec. 9 Insufficient side yard setback right side Art. 65 Sec. 9 Insufficient usable open space
    Art. 65 Sec. 9 Insufficient rear yard setback (proposed projection of the addition is within 8' of a nearby accessory structure)
    Purpose: Demo an existing deck and add a new addition to an existing single family home, relocate existing bulkhead.

    Case: BOA- 1361076 Address: 81 Tyndale Street Ward: 20 Applicant: Ivan Hernandez
    Article(s): Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Bldg Height Excessive (Feet)
    Article 67, Section 9 Side Yard Insufficient
    Purpose: Construct new shed dormers on both sides of existing gable roof per plans. Finish attic space and create two new bedrooms and bathroom. Project requires BOA relief.

    Case: BOA- 1364671 Address: 7-9 Brooksdale Road Ward: 22 Applicant: Cummins Construction Inc.
    Article(s): Article 51, Section 9 Rear Yard Insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Floor Area Ratio Excessive
    Purpose : Add two shed dormers on the third floor for occupants dwelling.

    Case: BOA-1265152 Address: 10 Carson Street Ward: 13 Applicant: Ka Hei Eammi Lam
    Article(s):Article 65, Section 9 Side Yard Insufficient Article 65, Section 41 Off Street Parking & Loading Req
    Purpose: Asphalt paving driveway, which can park 3 cars.The paved driveway in front of the house can let the outside car move easier if the inside car needs to come out. This paved driveway is Not for parking purposes.

  8. RE-DISCUSSIONS: 11:30 AM

    Case: BOA- 1236084 Address: 45 Milton Avenue Ward 17 Applicant: Michael Castillo, as Principal, ONYX Management & Development
    Article(s):Art. 10 Sec. 01 Limitation of parking areas Parking less than 5ft from side lot line.Art.65 Sec. 8 Use: Forbidden MFR Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories)
    Article 65, Section 42.2 Conformity w Ex Bldg Alignment 10ft provided
    Purpose: Erect a 10,827 12,850 square foot (Gross), three story residential building with eleven nine units and parking for fourteen nine vehicles spread through rear & side yards and garage. This combined parcel has 10,800 square feet, see ALT1202780, ALT1202781, ALT1202782. Existing dwelling and two sheds to be razed on a separate permit. 07/08/22 Scope updated.

    Case: BOA-1258783 Address: 99 Erie Street Ward 14 Applicant: Michael DelloRusso
    Article(S): Article 60, Section 9 Bldg Height Excessive (feet) Article 60, Section 40 Parking maneuverability Art. 10 Sec. 01 Limitation of parking areas
    Purpose: Combining parcels 1402477001 & 1402451000 to erect a new 6-unit apartment building. New construction, with roof decks and new rear driveway.

    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-1289454 Address: 4 Cherokee Street Ward 10 Applicant: John Pulgini
    Article(s): Art. 59, Section 37 Off-Street Parking Insufficient – Off street parking requirement is insufficient
    Art. 59, Section 8 Floor area ratio is excessive Art. 59, Section 8 Side yard setback is insufficient
    Article 59, Section 8 Usable Open Space Insufficient – Open space required: 400sqft x 2 units = 800 sqft. Proposed 567 sqft.
    Purpose: Proposed renovation and dormer addition to change the use from a single family house to a two family.

    Case: BOA- 1283294 Address: 47-48 Snow Hill Street Ward: 3 Applicant: Ryan Medows
    Article(s): Article 54, Section 10 Rear Yard Insufficient Article 54, Section 10 Floor Area Ratio Excessive
    Article 54, Section 18 Roof Structure Restrictions
    Purpose: Construct new 1 story vertical addition and roof deck on existing three story building. Upper unit 2 to be renovated

    Case: BOA-1298133 Address: 1395-1405 Washington Street Ward 3 Applicant: The Walsh El, LLC
    Article(s): Art. 32 Sec. 04 GCOD Applicability Article 64, Section 18 Use: Conditional - Restaurant #1 Article 64, Section 18 Use: Conditional - Restaurant #2 Article 64, Section 18 Use: Conditional - Restaurant #3 Article 64, Section 19 Bldg. Height exceeding 70 ft. Article 64, Section 19 FAR exceeding 3.0 max. Article 64, Section 19 Dimensional Regulations - 64 19.2 Usable open space per 64 9 Article 64, Section 19 Dimensional Regulations - 64 19.2 Rear yard per 64 9 Article 64, Section 34 Roof Structure Restrictions Article 64, Section 36 Off Street Parking & Loading Req
    Purpose: Construction a new seven story, 35 multi family residential building, with core/shell ground floor local retail (1) and restaurants (3), per plans. Combine parcels 0306975000, 0306976000, 0306977000; see ALT1227446, ALT1222965, and ALT1222967. Demo existing one story building on a separate demo permit.

    Case: BOA-1311763 Address: 59 Falcon Street Ward 1 Applicant: 59 Falco Street, LLC
    Article(s) Art. 53, Section 56 Off-Street Parking Insufficient - 0 Provided Art. 53, Section 8 Use: Forbidden - MFR in 2F zone Article 27T - 5 East Boston IPOD Applicability Article 53, Section 52 Roof Structure Restrictions Article 53, Section 57.2 Conformity Ex Bldg Alignment Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient
    Purpose: Erect a 4 unit residential dwelling with roof decks, as per plans.

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