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Zoning Advisory Board Of Appeal Hearing

The subcommittee meeting is holding a virtual hearing on Thursday, May 16, 2024, at 5 p.m.

Please be advised of the following appeals to be heard on May 16, 2024, beginning at 5 p.m. and related announcements. All matters listed on this may 16, 2024 hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The May 16, 2024, 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 305-224-1968 and entering the Webinar ID: 876 4095 8567 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 4 - 5 p.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 4 p.m. to ensure your connection is properly functioning.

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. 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. HEARINGS: 5:00 P.M

    Case: BOA-1584944 Address: 82-96 Westland Avenue Ward: 4 Applicant: Hareshkumar Patel

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

    Purpose: Remove proviso and grant to this petitioner only.



    Case: BOA-1572885 Address: 3 Bruce Street Ward: 16 Applicant: Javier Fortin

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

    Purpose : Partial teardown of attic and rebuild within existing foundation footprint with new interior layout of bathroom, bedrooms and library space. extend and improve existing side emergency egress to second floor. Install new electrical and HVAC system. Remodel existing kitchen and bathroom in 2nd unit.



    Case: BOA-1503897 Address: 2010 Dorchester Avenue Ward: 16 Applicant: Victoria Nguyen

    Article(s): Art. 10 Sec. 01 Limitation of parking areas - 5' side yard buffer requirement Art. 65 Sec. 9 Residential Dimensional Reg.s - Number of allowed stories exceeded 2.5 max. Art. 65 Sec. 9 Residential Dimensional Reg.s - Excessive f.a.r.

    Purpose : Clarification on scope of work: Change of occupancy from a one family to a two family (1 to 2 family conversion) and install a shed dormer in attic area on the right side of the property for a full bath and perform work per plans on all floors.



    Case: BOA-1585746 Address: 45-47 Braeburn Road Ward: 18 Applicant: Vladimir Yampolsky

    Article(s): Article 69, Section 8 Use: Forbidden Article 69 Section 29 Off Street Parking & Loading Req

    Purpose: Change occupancy from a single to a two family residential dwelling as per plans.



    Case: BOA-1575868 Address: 294 Metropolitan Avenue Ward:18 Applicant: Paulo Pinheiro

    Article(s): Article 67, Section 9 Bldg Height Excessive (Stories) Article 67, Section 9 Front Yard Insufficient - Min. required: 25' Existing: 13.7' Proposed: Extending non conformity by proposing a new floor addition. Art. 09 Sec. 01 Reconstruction/Extension of Nonconforming Bldg - Proposing a new floor

    Purpose: Remove existing roof and construct attic floor (3rd floor) per attached drawings.



    Case: BOA-1555503 Address: 50 Prescott Street Ward: 18 Applicant: Joseph Gardener

    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: The proposed job description shall begin with an attached poured concrete foundation. Wood frame above foundation shall consist of additional bedrooms bathrooms, office space with a deck and additional egresses.



    Case: BOA- 1495809 Address: 8 Friendship Road Ward: 18 Applicant: Harold Raymond

    Article(s): Art. 69 Sec. 09 Insufficient lot width Art. 69 Sec. 09 Insufficient rear yard setback Art. 69 Sec. 8 Forbidden - Two family forbidden Art. 69 Sec. 09 Insufficient additional open space per unit Art. 69 Sec. 29.5 Off St.Prk'g:Design - Tandem parking

    Purpose: Changing occupancy from 1 family to two family . We are extending the rear of the property by 14

    feet on the first and second floor. Extension of living space from Unit 2 into the attic. Adding rear decks for Unit 1 & 2.



    Case: BOA-1538430 Address: 3 Rosa Street Ward: 18 Applicant: Social Impact Collective, Inc

    Article(s): Article 69, Section 9 Rear Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Floor Area Ratio Excessive

    Purpose: 2 story rear addition to existing 1 family home: 1st floor living area, kitchen, half bath. Second floor bedroom w/ walk in closet, full bathroom, outdoor deck. New rear yard deck less than 1' off the ground. Addition will have interior 1st floor connection to existing home & second exterior door.



    Case: BOA- 1538456 Address: 94 Westminster Street Ward:18 Applicant: Denia Baez

    Article(s): Article 69, Section 9 Rear Yard Insufficient

    Purpose: Addition of rear stair up to top story



    Case: BOA-1546755 Address: 5 Reynold Road Ward: 18 Applicant: Lincoln Matra

    Article(s): Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient

    Purpose: Build skeleton of a second story addition. Involves demo, framing, window installation, siding, and roofing of addition. Frame vaulted ceiling and two new windows in existing bedroom. Frame wall in office/bedroom of existing house. Remainder of work is out of scope.



    Case: BOA- 1549736 Address: 43 Knoll Street Ward: 20 Applicant: Karina Broomstein

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

    Purpose : Demo existing back porch for 1st and 2nd floor. Rebuild new structure based on plans with new footing and framing with new roof and composite decking.



    Case: BOA-1552488 Address: 340 Baker Street Ward: 20 Applicant: Shadeed Anwar

    Article(s): Art. 09 Sec. 02 Nonconforming Use Change -Extension of a non conforming use structure < 25% Conditional Art. 56, Section 16 Insufficient rear yard setback

    Purpose: Full gut renovation, new kitchens, new bathrooms, install new sonotubes for second floor deck on rear, second egress exit will be through rear deck stairs, lower basement floor, reframe/reinforce structural member up to code, add dormers on both side of roof, raise first floor kitchen ceiling height.*2 Family #3502/1940



    Case: BOA-1555663 Address: 108 Murdock Street Ward: 22 Applicant: Victor Valenzuela

    Article(s): Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Floor Area Ratio Excessive

    Article 51, Section 9 Rear Yard Insufficient - Side entrance (rear)

    Purpose : Extending the existing dormer to add a 3/4 Bathroom in a finished attic, re build a 1st floor pressured treated rotted side entrance on the existing footings as the same dimensions.

  2. RE-DISCUSSION: 5:00 P.M

    Case: BOA-1518380 Address: 104 Child Street Ward: 11 Applicant: Teresa Spillane

    Article(s): Art. 09 Sec. 01 Reconstruction/Extension of Nonconforming Bldg - Extension of Nonconforming Building Art. 53 Sec. 09 Side yard Insufficient. Art. 53 Sec. 09 Rear yard insufficient. Rear deck.

    Art. 53 Sec. 09 Front yard insufficient. Art. 53 Sec. 09 Floor Area Ratio Excessive

    Purpose : Scope includes an addition creating a home office and two car garage. A new stair in the garage will connect to a second floor workshop/storage area. A roof garden and solar panels will be added to the existing roof.

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