Zoning Board of Appeal Hearing

Case: BOA-1163709 Address: 60-84 Saint Botolph Street Ward 4 Applicant: Joe Bamberg

Case: BOA-1318050 Address: 90 Braintree Street Ward 22 Applicant: Jared Eigerman, Esq

DISCUSSION OF OPEN MEETING LAW COMPLAINT APRIL 30, 2024 HEARING ON 100 SAINT ALPHONSUS BOA1570022/ERT1559532 APPEAL

Case: BOA-1332095 Address: 130 Marginal Street Ward 1 Applicant: Matthew Eckel, ESQ

Case: BOA-1576263 Address: 14 Claremont Park Ward 4 Applicant: Joseph Holland

Article(s): Art. 32 Sec. 04 GCOD Applicability- located above fourth story

Purpose: Restore occupancy back to a legal single family. Full gut remodel of existing building, Demo rear addition and parlor balcony, Reconfigure rear of building (no expansion of GSF). reconfigure parlor deck. New fire suppression system. New GCOD system. Install a new roof deck.

Case: BOA#1576262 Address: 14 Claremont Park Ward 4 Applicant: Joseph Holland

Purpose: Restore occupancy back to a legal single family. Full gut remodel of existing building, Demo rear addition and parlor balcony, Reconfigure rear of building (no expansion of GSF). reconfigure parlor deck. New fire suppression system. New GCOD system. Install a new roof deck.

Violation Violation Description Violation Comments

9th Edition 780 CMR CHPT Chapter 10 Section 1011.12.2 ROOF ACCESS /Egress to an 10 occupied roof located above fourth story

Case: BOA-1589398 Address: 25 Gove Street Ward 1 Applicant: East Boston Neighborhood Health Center Corporation

Article(s): Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability - GCOD

Purpose: The development includes the demolition of the current residential structure at 25 Gove Street and the reconfiguring of the existing parking lot on 81, 83, 85, 87 Paris Street, and 21 23 Gove Street Parcels to include the 25 Gove Street Parcel. Demolition permit to be applied for separately.

Case: BOA-1576714 Address: 323 Commonwealth Avenue Ward 5 Applicant: 323 Commonwealth Avenue LLC

Article(s): Article 32, Section 4. GCOD, Applicability

Purpose: Change of occupancy from 10 to 2 units. Scope includes framing new floor systems/walls, plumbing, electrical, HVAC, fire protection, fire alarm, elevator for unit 2, board and plaster, tile, hardwood floor, millwork, and painting. No exterior work. No Rebuilding, just occupancy will be changing from 10 units to 2.

Case: BOA-1589719 Address: 66 Homer Street Ward 1 Applicant: Trichilo Development LLC

Article(s): Art. 53, Section 8 - Use: Forbidden Multifamily Dwelling Forbidden Article 53, Section 9Rear Yard Insufficient Article 53, Section 9 Side Yard 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 57.2 Conformity Ex Bldg Alignment Article 53, Section 56.5(a) Off Street Pkg Maneuverability Art. 53, Section 56 Off Street Parking Insufficient

Purpose: Erect a three (3) story, five (5) unit residential dwelling, with five (5) garage parking spaces and two (2) private roof decks. Raze the existing building on a separate permit.



Case: BOA-1563643 Address: 181 Maverick Street Ward 1 Applicant: 91-93 Orleans Street, LLC

Article(s): Article 53, Section 9 Add'l Lot Area Insufficient - You need relief from the BOA for the said violations Article 53, Section 56Off Street Parking & Loading Req - You need relief from the BOA for the said violations Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Rear Yard Insufficient - You need relief from the BOA for the said violations Art.53 Sec. 08 Use: Forbidden - Art. 27GE Boston IPOD - Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability - You need relief from the BOA for the said violations Article 25A Section4 CFROD Applicability

Purpose: Erect a four (4) story four (4) unit residential dwelling NOMINAL FEE REQUESTED

Case: BOA-1589704 Address: 117 Addison Street Ward 1 Applicant: Francis Gomes

Article(s): Art. 53, Section 25 Use: Forbidden - MFR Forbidden Article 53 Section 26Dimensional Regulations - Rear Yard Insufficient Transitional Zone Article 53, Section 56.5(a) Off Street Pkg Maneuverability Art. 53, Section 56 Off Street Parking Insufficient

Purpose: Erect a 4 story, six (6) unit, residential dwelling with four (4) parking spaces, as per plans. Raze the existing building on a separate permit.

Case: BOA-1581050 Address: 6 Nearen Row Ward 2 Applicant: Fraser Allan

Article(s): Art. 62 Sec. 25 Roof Structure Restrictions - Roof structure restriction Article 62, Section 8 Rear Yard Insufficient - Rear yard insufficient.

Purpose: Amendment to long form ALT 1526818, proposed dormers

Case: BOA-1535146 Address: 23 Clark Street Ward 3 Applicant: Michael DelloRusso

Article(s): Article 54, Section 10 Usable Open Space Insufficient Art. 54 Section 21Off Street Parking Insufficient

Purpose: Amending ALT1404102. Change of occupancy from nine apartments and store to ten apartments. Reconfiguration of ground floor to add new unit. New ground floor windows with adjustment to front façade. Fire protection and cost reflected on ALT1404102

Case: BOA-1572734 Address: 36-38 Elm Hill Park Ward 12 Applicant: Mike Loffredo

Article(s): Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Front Yard Insufficient Art. 50, Section 43 Off Street Parking Insufficient

Purpose: New curb cut and driveway. Existing structures remain as is.

Case: BOA-1557204 Address: 26 Winthrop Street Ward 12 Applicant: Mekane Hiwot St. Michael Ethiopian Orthodox Tewahido Church

Article(s): Art. 50 Sec. 44 Dimensional Requirements - Insufficient side yard setback

Purpose: Make a computer room legal. Structure is already built and are trying to get it approved. Clarification: Proposed legalization/Installation of a 377SF (13' x 29') detached accessory building in rear yard for the proposed legal use as an accessory computer room with an 8' 3" ceiling. *Legal use of the main building/Counter#1 CHURCH #ALT1407700/2022

Case: BOA#1565805 Address: 40 Concord Square Ward 4 Applicant: Alpine Advisory Services

Purpose: Change occupancy to two units. Renovate per plans.to include roof deck/ rear decks as per plans

Violation Violation Description Violation Comments

1009.12.1 Roof Access 9th 780 CMR 1011.12.2 Roof access: Where a stairway is provided to a roof, access to the roof shall be provided through a penthouse complying with section 1510.2 Exception: In buildings without an occupied roof, access shall be permitted to be a roof hatch or trap door not less than 16 square feet ( 1.5 m2 ) in an area and having a minimum dimension of 2 feet



Case: BOA-1565797 Address: 40 Concord Square Ward 4 Applicant: Alpine Advisory Services

Article(s): Article 64, Section 34 Roof Structure Restrictions Article 64, Section 8 Use: Conditional

Art. 32 Sec. 04 GCOD Applicability

Purpose: Change occupancy to two units. Renovate per plans.to include roof deck/ rear decks as per plans

Case: BOA-1568134 Address: 283 Longwood Avenue Ward 4 Applicant: Rachel Alexander

Article(s): Art. 08 Sec. 04 Forbidden Use

Purpose: Request to use a drop off shoulder adjacent to the building for food trucks.

Case: BOA-1589854 Address: 26 Roseclair Street Ward 7 Applicant: Bond Worthington

Article(s): Article 65, Section 32Neighborhood Design Overlay Districts Art.65 Sec. 8Use: Forbidden - Multifamily

Article 65, Section 9 Lot Width Insufficient - Min required: 50' Proposed: 44.13' Article 65, Section 9 Lot Frontage Insufficient - Min required: 50’ Proposed: 44.13' Article 65, Section 9Floor Area Ratio Excessive - Max. allowed: 0.5 Existing: 0.77 Proposed: 0.9 Article 65, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 2.5 Existing:2 Proposed: 3 Article 65, Section 9 Front Yard Insufficient - Min. required: 15' Proposing a 3rd floor front deck. Article 65, Section 9 Side Yard Insufficient - Min. required: 10’ Proposed: 8.8' (R) and 5.5' (L) Article 65, Section 39 Screening & Buffering Req - Roof mounted mechanical equipment shall be located in the center of the roof.

Purpose: Convert two family to three family dwelling. Remove existing roof and half story to construct full third floor addition. Remove existing two story rear deck and construct new three story rear deck with exterior stair. New third floor deck facing Roseclair street.

Case: BOA-1596026 Address: 104 Norwell Street Ward 14 Applicant: Dorchester Design Collaborative-MOH

Article(s): Art. 65 Sec. 08 Forbidden - MFR-Forbidden Art.65 Sec. 42 Two or more dwelling on the same lot - Three proposed/Non-compliant Article 65, Section 41 Off-Street Parking & Loading Req - Insufficient parking Article 65, Section 9 Insufficient lot size -5000sf req./building Article 65, Section 9 Excessive f.a.r- .5 max Article 65, Section 9 Max allowed height has been exceeded -35'max Article 65, Section 9 Insufficient front yard setback -15' min req. Article 65, Section 9 Insufficient side yard setback -10'L/s and 20' R/s required

Purpose: This submission is part of the Welcome Home Boston RFP. We have combined lots 104,106, and 108 Norwell St. Please reference ALT1567565 for the lot consolidation application. On the combined lots we will build three separate buildings that each have 4 residential units.

Case: BOA-1596034 Address: 108 Norwell Street Ward 14 Applicant: Dorchester Design Collaborative-MOH

Article(s): Art. 65 Sec. 41 - Off street parking requirements Insufficient parking

Art. 65 Sec. 08 Forbidden - MFR forbidden Article 65, Section 42Application of Dimensional Req - Two or more dwellings on one lot Art. 65 Sec. 9Residential Dimensional Reg.s - Insufficient lot size Art. 65 Sec. 9Residential Dimensional Reg.s - Excessive f.a.r. Article 65, Section 9Dimensional Regulations - max height exceeded Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient front yard setback Art. 65 Sec. 9Residential Dimensional Reg.s - Insufficient side yard setback

Purpose: This application is part of Welcome Home Boston's Affordable housing development. We are building (3) 4 unit buildings on (3) adjacent lots. Please file this ERT in conjunction with ERT1567569, ERT1595579, and ALT1567565. Please use documents filed with ERT1567569 as part of this application.

Case: BOA-1596032 Address: 106 Norwell Street Ward 14 Applicant: Dorchester Design Collaborative-MOH

Article(s): Art. 65 Sec. 08 Forbidden - MFR Forbidden Article 65, Section 42Application of Dimensional Req - Two or more dwellings on one lot Art. 65 Sec. 41Off street parking requirements - Insufficient parking Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot size Art. 65 Sec. 9 Residential Dimensional Reg.s - Excessive f.a.r. Art. 65 Sec. 9 Residential Dimensional Reg.s - Max height exceeded Art. 65 Sec. 9Residential Dimensional Reg.s - Insufficient front yard setback Art. 65 Sec. 9Residential Dimensional Reg.s - Insufficient side yard setback

Purpose: This application is part of Welcome Home Boston's affordable housing program. We are building (3) 4 unit buildings on (3) adjacent lots. This application is filed in conjunction with ERT1567569 and ALT1567565. Please use

documents uploaded with ERT1567569.



Case: BOA-1592271 Address: 120-124 Babson Street Ward 18 Applicant: James Christopher

Article(s): Article 60, Section 9 Rear Yard Insufficient - Required 30 feets. Proposed 22'-3"

Purpose: Applicant seeks to subdivide the existing 55, 854 lot into two new lots LOT A will consist of 43,704 SF and include the existing building on 120 Babson St. LOT B 43 47 Freemont St will consist of 12,150 SF

Case: BOA-1572056 Address: 91 Radcliffe Road Ward 18 Applicant: Angelo Scippa

Article(s): Article 69, Section 9 Lot Width Insufficient 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 Article 69, Section 9 Lot Area Insufficient

Article 69 Section 29 Off Street Parking & Loading Req

Purpose: Erect a two family dwelling on a vacant lot.

Case: BOA-1582882 Address: 305 Chestnut Avenue Ward 19 Applicant: Colm O’Shea

Article(s): Article 55 Sect 40Off Street Parking & Loading Req - Basement units are forbidden in the basement

Article 55, Section 9Floor Area Ratio Excessive - Basement units are forbidden in the basement Art. 55, Section 8 Use: Forbidden - Basement units are forbidden in the basement Art. 55, Section 8 Use: Forbidden - Multifamily is a forbidden use

Purpose: Change of occupancy from two family dwelling to six (6) residential units & 6 parking spaces. Right side, rear addition approx. 15' x 38' 3", 2.5 stories infill rear left corner approx. 10' 6" x 8' 2". Add 3 gable dormers on left side

11' wide, large gable dormer on right side 30' 3" wide. Nominal fee requested, ZBA required

Case: BOA-1304433 Address: 10 Thompson Square Ward 2 Applicant: Sing Ming Chan

Article(s): Art. 62 Sec. 14 Usable open space insufficient Article 62, Section 14 Excessive f.a.r.

Article 62, Section 14 Excessive height Article 62, Section 14 Insufficient rear yard setback Article 62, Section 29 Off-Street Loading Insufficient - None proposed Art. 62 Sec. 62-29 Off street parking requirements - None proposed

Purpose: Erect a new mixed use building with commercial space (RETAIL) on first floor and 12 dwelling units above.

Existing building to be razed under separate permit. *4.10.23: Reduced project scope at ZBA to 12 units and 4 stories

Reason for Prior Deferral: To continue community process

Case: BOA-1341015 Address: 146 M Street Ward 6 Applicant: Samuel Sterling

Article(s): Art 68 Sec 29Roof Structure Restrictions - Roof deck is more than 1 foot above the highest point of roof. Article 68, Section 8 Bldg Height Excessive (Feet) - Max. allowed: 40' Proposed roof deck exceeds it. Article 68, Section 8 Rear Yard Insufficient - Min. requested: 20' Proposed stair at 14'

Purpose: Add roof deck and stair for exclusive use of unit 3.

Reason for Prior Deferral: The applicant requested a deferral to meet with the community.



Case: BOA-1563584 Address: 2 Hillsboro Street Ward 7 Applicant: Brian Goldson-MOH

Article(s): Art. 65 Sec. 08 Forbidden - MFR use- Forbidden Art. 65 Sec. 08 Forbidden - Basement units Art. 65 Sec. 08 Forbidden - Accessory use parking Art. 65 Sec. 41 Off street parking requirements - Proposed parking in front yard and area >10' Art. 65 Sec. 41 Off street parking requirements - Insufficient parking per Article 65 Zoning regulation Art. 65 Sec. 41 Off-St. Loading Req'mnts - No loading bay area proposed Art. 65 Sec. 9 Residential Dimensional Reg. - Excessive f.a.r Art. 65 Sec. 9 Residential Dimensional Reg. - # of allowed stories has been exceeded Art. 65 Sec. 9 Residential Dimensional Reg. - # of allowed stories has been exceeded Art. 65 Sec. 9 Residential Dimensional Reg. - Lot frontage width Art. 65 Sec. 9 Residential Dimensional Reg. - Rear yard max occupancy >25% requested Art.65 Sec. 42 Appl of Dimensional Reqs - Accessory building Insufficient rear yard setback Article 65, Section 42 Application of Dimensional Req - 4) front wall of building not parallel < 3/4 of required front yard depth Article 65, Section 8 Use Regulations - Artist use -Forbidden

Purpose: MOH PROJECT Construct a new five story residential building on a parcel created by combining parcels 0703656000 and 0703657000. Building consists of a total of 21 affordable, residential, home ownership units. Six parking spaces will be provided. No loading area will be provided. Zoning relief will be required. (1.9.2024 Updated scope of work to include, Industrial Use: Artist Mixed Use/18 of the 21 units preference for CITY certified artists)

Case: BOA-1515203 Address: 40-42 Temple Street Ward 17 Applicant: Hau Thi Minh Nguyen

Article(s): Art.65 Sec. 8 Use: Forbidden - Townhouse Forbidden Art.65 Sec. 8 Use: Forbidden - MFR Forbidden

Article 65, Section 9.2 Dim Regs: Location of Main Entrance Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 42.2 Conformity w Ex Bldg Alignment Art. 10 Sec. 01 Limitation of off street parking areas Parking less than 5ft from side lot line

Purpose: Construct a 3 story attached Five Unit Townhouse. Building to have side porches and will be fully sprinklered. The lot will have 5 new on grade parking spaces at rear and 5 garages (one for each townhouse). Demolish existing Two family building and Single family building on lot (Raze on a separate permits). This lot to be known as 40 46B Temple

Street.

Case: BOA- 1538686 Address: 86 Astoria Street Ward 18 Applicant: Natalyn Francis

Article(s): Article 60, Section 8 Use: Forbidden - Basement Unit Forbidden Article 60, Section 9.3Dim Regs: Location of Main Entrance - Basement unit Article 60, Section 9 Rear Yard Insufficient Article 60, Section 9Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient

Purpose: Correct Violations V582833 and V582855. Renovate and reconfigure existing 3 family with addition & extension of living space to attic & basement. Scope includes relocating 3rd unit (previously at second story) to the basement; extending living space. Renovate basement into habitable space as the 3rd unit & renovate attic. Also, enclose rear porches and provide a 2 story addition to the rear, per attached plans. FA/FP included.

Case: BOA-#1538740 Address: 86 Astoria Street Ward 18 Applicant: Natalyn Francis

Violations V582833 and V582855. Renovate and reconfigure existing 3 family with addition & extension of living space to attic & basement. Scope includes relocating 3rd unit (previously at second story) to the basement; extending living space. Renovate basement into habitable space as the 3rd unit & renovates attic. Also, enclose rear porches and provide a 2 story addition to the rear, per attached plans. FA/FP included Violation Violation Description Violation Comments 9th 780 CMR 1007Exit and Exit Access Doorway Configuration1007.1.1 Two exits or exit access doorways. Where two exits, exit access doorways, exit access stairways or ramps, or any combination thereof, are required from any portion of the exit access, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between them. Interlocking or scissor stairways shall be counted as one exit stairway. [Basement unit with less than half the required exit separation; only a NFPA 13D sprinkler system provided] 9th 780 CMR 1028 Exit Discharge1028.5 Access to a public way. The exit discharge shall provide a direct and unobstructed access to a public way. [Main entry encroaching onto driveway, not providing a dedicated 36" wide obstructed path to the public way.]

 

Case: BOA-1578504 Address: 217 Paris Street Ward 1 Applicant: Marco Castro

Article(s): Art. 53 Sec. 52 Roof structure restrictions Article 53, Section 9 Bldg Height Excessive (Feet)

Art. 09 Sec. 01 Reconstruction/Extension of Nonconforming Bldg.

Purpose: Seeking to erect a roof deck. Roof deck to be accessed by internal stairs and hatch.

Case: BOA-#1578505 Address: 217 Paris Street Ward 1 Applicant: Marco Castro

Purpose: Seeking to erect a roof deck. Roof deck to be accessed by internal stairs and hatch

Violation Violation Description Violation Comments

9th 780 CMR 1011 Stairways 1011.12.2 Roof Access. Where a stairway is provided to a roof access to the roof shall be provided through a penthouse complying with Section 1510.2 [Hatches provided in lieu of penthouses]

Case: BOA-1584736 Address: 7-13 Faunce Road Ward 18 Applicant: Sam Shoneye

Article(s): Article 60, Section 8 Use: Forbidden - MFR is forbidden in a 2F 6000 sub district Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Bldg Height Excessive (Stories) Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Front Yard Insufficient Article 60, Section 9 Side Yard Insufficient Article 60, Section 9 Rear Yard Insufficient Article 60, Section 9.3Dim Regs: Location of Main Entrance

Purpose: Demolish existing structure, erect nine (9) townhouse style residential units with nine parking spaces.

Case: BOA-1581075 Address: 21 Holbrook Street Ward 19 Applicant: Laureen Sena

Article(s): Article 9 Section 1 Extension of Nonconforming Use Article 55, Section 9 Side Yard Insufficient

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

Purpose: Unit #3: Extension of living space into attic which includes the addition of a roof dormer to accommodate a family room, bathroom, laundry room, and stairs; refer to plans.

Case: BOA-1590418 Address: 358 Chestnut Hill Avenue Ward 21 Applicant: Josh Fetterman

Article(s): Article 51, Section 16 Use Regulations - Multi family Dwelling (Bsmt. & First Story) Conditional Article 51, Section 17 Dimensional Regulations - Floor Area Ratio Excessive Article 51, Section 17 Dimensional Regulations - Usable Open Space Insufficient Art. 51.52 Specific Design Requirements - 51 52.1 Street Wall Continuity in Neighborhood Business Subdistricts Article 51, Section 56 Off Street Parking Insufficient Article 51, Section 56 Off Street Loading Insufficient Art.51 Sec.56 Off St Parking Design - 51 56 .5(a) (Tandem Parking) Maneuvering areas

Purpose: NEW CONSTRUCTION OF A SIX (6) STORY BUILDING WITH THIRTY (30) DWELLING UNITS, GROUND FLOOR LOCAL RETAIL (CORE/SHELL), AND NINETEEN (19) REAR GROUND PARKING SPACES. PROPOSED STRUCTURE TO BE WITHIN THE EXISTING BUILDING'S FOOTPRINT. SEPARATE

PERMIT TO BE FILED FOR THE DEMOLITION OF EXISTING BUILDING.