Zoning Board Of Appeal Hearing

Case: BOA- 1697206 Address: 63 Rutherford Avenue Ward 2 Applicant: Bjorn A. Anderson

Article(s) Article 62, Section 25 Roof Structure Restrictions Consider relief for a roof deck that exceeds the maximum

building height limit for this district. Charlestown 3F 2000 building height maximum: 35'Proposed roof deck height: 35' 8"

Purpose : Erect open roof deck accessible to 1 unit. Construct on flat roof of 2 family. Access by existing hatch. Building had deck but removed several years ago when contractor found deteriorated and insufficiently secured. Height to deck anticipated to exceed limit by 1 Ft. Therefore, assume Bd of Appeal.

Case: BOA- 1696180 Address: 37 Merrimac Street Ward 3 Applicant: David Sokol

Article(s) Art. 06 Sec. 03A Additional Conditions in Restricted Parking District

Purpose : Remove proviso of 2 year sunset. No work to be done. Applying for conditional use for open air parking lot. Extend the use

Case: BOA- 1704807 Address: 6 Charles River Square Ward 5 Applicant: Sarah L. Creighton

Article(s) Article 13, Section 1 Floor Area Ratio Excessive

Purpose : The work will include renovations on the ground floor and first floor. It will include updating the layout, renovating the bathrooms, kitchen, adding a bay window on the first floor and a french door on the ground floor. The second and third floor bathrooms will also be renovated.

Case: BOA-1701155 Address: 362-366 Commonwealth Avenue Ward 5 Applicant: William Wallace Watson

Article(s) Article 13, Section 1 Bldg Height Excessive (Feet) Article 13, Section 1 Rear Yard Insufficient

Purpose : Construct new roof decks

Case: BOA-1670349 Address: 501 Boylston Street Ward 5 Applicant: T-C 501 Boylston Street LLC

Article(s) Article 13, Section 1 Floor Area Ratio Excessive Art. 06 Sec. 03A Additional Conditions in Restricted Parking District Extending parking spaces from 114 to 167 Art. 08 Sec. 03 Conditional Uses Parking garage

Art. 08 Sec. 03 Conditional Uses Restaurant

Purpose : Change of occupancy to include Restaurant use on 11th floor. Work includes: (i) the conversion of the existing rooftop penthouse and deck, currently located above the building's tenth floor, from a mechanical equipment area to office and related accessory amenity space, and (ii) modifications to the garage area, including the net addition of 53 parking spaces.

Case: BOA- 1693417 Address: 346 D Street Ward 6 Applicant: Josh White

Article(s) Art. 68 Sec.31 Screening and Buffering 8' High fence proposed Conditional

Art.68 Sec.13 Use Regs. Garage with dispatch Conditional Art. 68 Sec.13 Use Regs. Truck servicing or Storage Conditional Art. 68 Sec.13 Use Regs. Outdoor storage of new materials Conditional Art. 68 Sec.31 Screening and Buffering Type and % of Opacity of future fence screening Art. 68 Sec.13 Use Regs. Parking Lot Conditional

Art. 68 Sec.14 Dimensional Requirements Canopy projections beyond front lot line

Purpose : Clarification: Change existing occupancy from Office and warehouse use to a fleet motor pool Garage with Dispatch office, to include, accessory storage of materials, truck storage & servicing and employee parking lot, then perform Phase 1 shell and core renovations per plans provided to consist of new building infrastructure work, electrical service, electric vehicle charging and installation of an 8' security fence to be installed around property. Demolition of any existing structures, consolidation of 5 lots lots and final tenant fit out shall be performed on separately filed and issued SF demo, alteration and use of premises permits. Demolition of existing buildings on site and renovation of remaining 2 story structure for a future tenant fit out. Includes new building infrastructure, electrical service, and electric

vehicle charging. New 8' security fence to be installed around property.



Case: BOA-1716929 Address: 1274 Massachusetts Avenue Ward 7 Applicant: George Morancy, ESQ-ARTICLE 80

Article(s) Art. 65 Sec. 41 Off street parking requirements Art. 65 Sec. 41 Off-St. Loading Req'mnts Art.65 Sec. 8 Use: Forbidden Multi-Family Dwelling - Forbidden (For 3F-5000) Article 65, Section 15 Use: Conditional Multi-Family Dwelling - Conditional (For LC) Article 65, Section 15 Use: Forbidden General Retail Business - Forbidden (For LC) Article 65, Section 16 Dimensional Regulations Floor Area Ratio Excessive (For LC)

Article 65, Section 16 Dimensional Regulations Building Height Excessive (For LC) Article 65, Section 9 Floor Area Ratio Excessive For 3F-5000 Article 65, Section 9 Bldg Height Excessive (Stories) For 3F-5000

Article 65, Section 9 Bldg Height Excessive (Feet) For 3F-5000

Purpose : Erect new six story mixed use building on newly created lot. Building to contain 45 dwelling units, ground floor commercial retail space, and below grade garage parking. Garage accessed through 1258 1272 Massachusetts Ave

ramp and tunnel. Building features amenity spaces and balconies. See ALT1666737 & ALT1666734 for creation of

this parcel, numbered 1274 Massachusetts Avenue. See ALT1666730 for related work for tunnel.

Case: BOA-1720111 Address: 45 Solaris Road Ward 18 Applicant: Derric Small, ESQ

Article(s) Art. 69 Sec. 09 Dimensional Reg. Insufficient side yard setback Art. 69 Sec. 09 Dimensional Reg. Insufficient rear yard setback Art. 69 Sec. 09 Dimensional Reg. Insufficient lot width

Purpose : Erect a two-family dwelling on the newly created lot. See ALT 1607906. *Application reassigned to FD 9.9.24 (New lot size 11,120sf)

Case: BOA- 1720105 Address: 51 Solaris Road Ward 18 Applicant: Derric Small, ESQ

Article(s) Art. 09 Sec. 02 Nonconforming Use Change Reduction of original lot size of a non conforming three family in a two family zone

Purpose : Subdivide the lot into two lots. New lot at 45 Solaris Road will have 11,120 square feet.

CLARIFICATION of scope of work: COMBINE PARCEL #'s 18712394000 (51Solaris/20000sf with three family dwelling) and 1812392000 (5,000sf/vacant land) into one lot and then subdivide into two separate lots. #51 solaris (Lot B) to have 13,674sf (three family dwelling to remain) and #45 Solaris (lot A) to have 11,126sf . (see ERT 1607914 for newly proposed structure on lot A.)

Case: BOA- 1692668 Address: 14 Tarleton Road Ward 20 Applicant: Donald Coleman

Article(s) Article 56, Section 8 Dimensional Regulations Insufficient front yard setback 20' req.

Purpose : Permit (ALT1488783) approves a front deck and stairs that is 4 feet width from the house. We seek to cantilever the deck 3 feet, or whatever permissible, for a total width of 6 feet. Our objective is to accommodate wheelchair access and maneuverability, onto the porch from the interior.

Case: BOA- 1701440 Address: 15 Rickerhill Road Ward 20 Applicant: Jesse Littlewood

Article(s) Art. 56, Section 7 Use: Forbidden According to Article 56, Section 56 7, Table A, the 'Accessory Keeping of Animals' is explicitly forbidden.

Purpose : 5 backyard chickens in coop

Case: BOA-1703881 Address: 29 Vermont Street Ward 20 Applicant: Andrew and Brianna Loachim

Article(s) Article 56. Section 8 Side Yard Insufficient

Purpose : Construct a second story primary suite addition over an existing one story attached garage of a detached, single family dwelling. Project scope also includes a rear mudroom addition on the first floor and a partial renovation of the second floor. No basement work proposed.

Case: BOA-1698765 Address: 44 Cass Street Ward 20 Applicant: Coen Construction LLC

Article(s) Article 56. Section 8 Side Yard Insufficient

Purpose : Adding 2nd story addition to existing 1 story home. Two bedroom, two bathroom. Same footprint as 1st floor space. Matching exterior finished



Case: BOA- 1723975 Address: 131 Nonantum Street Ward 22 Applicant: 131Nonantum Street LLC

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

Article(s) Article 51, Section 8 Use: Forbidden

Purpose : Looking for a zoning ordinance to change from 2 to 3 units. The declared valuation is the estimated construction costs for the renovation. The property was purchased for $845,000.

Case: BOA-1716536 Address: 83 Leo M Birmingham Parkway Ward 22 Applicant: 83 Leo Property Owner LLC-ARTICLE 80

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 Building Height Excessive Article 29 Section 4 GPOD Applicability

Purpose : Erect a new 8 story Mixed Use Building with 333 Residential units and Dog Spa/Kennel (core/shell). Building

features outdoor courtyard, parking garage, amenity spaces, and bike storage. Existing building to be demolished

under separate permit.

Case: BOA-1708560 Address: 123 Newbury Street Ward 5 Applicant: UMNV 123 Newbury LLC, by Timothy White

Article(s) Art. 08 Sec. 03 Conditional Uses

Purpose : Ground Floor Cafe Change of occupancy to Assembly Café. Venchi Gelato: interior build out for Cafe. Selective demolition, LGMF, GWB, Finishes and MEP systems.

Case: BOA- 1719422 Address: 316-318 Northern Avenue Ward 6 Applicant: RBK II Tenant, LLC

Article(s) Art. 13 Sec. 13 1 Dimensional RegulationsFAR max. allowed: 2 Existing: exceeded. Proposing

elevated bridge. Article 13, Section 3Nonconformity to Dimen Req Extending non conformity

Purpose : New bridge connecting ISQ2 (316 319 Northern Ave) and ISQ3 (331 339 Northern Ave) In conjunction with

ALT1698867

Case: BOA- 1719413 Address: 331-339 Northern Avenue Ward 6 Applicant: 22 Drydock, LLC

Article(s) Art. 13 Sec. 13 1 Dimensional RegulationsFAR max. allowed: 2 Existing: exceeded. Proposing

elevated bridge. Article 13, Section 3Nonconformity to Dimen Req Extending non conformity

Purpose : New bridge connecting ISQ2 (316 319 Northern Ave) and ISQ3 (331 339 Northern Ave) In conjunction with

ALT1688454

Case: BOA- 1727765 Address: 3458 Washington Street Ward 11 Applicant: George Morancy, ESQ-ARTICLE 80

Article(s) Art. 55 Sec. 55-40 OffStreet Loading insufficient -1 loading bay required Art. 55 Sec. 55-40^ Off street parking insufficient Insufficient parking Art. 55, Section 19 Use: Forbidden MFR use- Forbidden Art. 55, Section 19 Use: Forbidden Accessory parking residential- Forbidden Art. 55, Section 19 Use: Conditional Retail use- Conditional

Art. 55, Section 19 Use: Conditional Accessory parking for retail -Conditional Art. 55, Section 20 Dimensional Regulations Excessive f.a.r. Art. 55, Section 20 Dimensional Regulations Max allowed height exceeded Art. 55, Section 20 Dimensional Regulations Insufficient usable open space per dwelling unit

Purpose : Erect new five story mixed use building to contain 36 dwelling units and ground floor local retail business space, and residential amenity space, including bicycle storage room, with seven exterior accessory residential parking spaces at grade.



Case: BOA- 1721184 Address: 7 Westminster Terrace Ward 11 Applicant: Boston Redevelopment Authority d/b/a BPDA-MOH

Article(s) Art. 50 Sec. 29 Dimensional Requirements Excessive f.a.r. Art. 50 Sec. 29 Dimensional Requirements Insufficient usable open space per unit Art. 50 Sec. 29 Dimensional Requirements Insufficient front yard setback Art. 50 Sec. 29 Dimensional Requirements Insufficient rear yard setback Art. 50 Sec. 29 Dimensional Requirements Insufficient side yard setback Article 50 Section 28 Use Regulations Homeless shelter- Conditional Article 50 Section 29 Dimensional Regulations Insufficient additional lot area per unit

Purpose : 3 Story, 9,200SF, wood framed building which will include 13 residential units with minimal common space to provide a mixture of emergency shelter housing and affordable housing 2 companion applications for the consolidation of lots are related ALT1699117 & ALT1699164.

Case: BOA-1677952 Address: 95 Business Street Ward 18 Applicant: Matthew Mueller

Article(s) Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient Article 69, Section 9 Bldg Height Excessive (Stories) Article 69, Section 9Usable Open Space Insufficient Article 69, Section 9Floor Area Ratio Excessive Article 69, Section 9 Add'l Lot Area Insufficient Article 69 Section 29Off Street Parking & Loading Req

Purpose : Change of occupancy to two family. Existing Single Family Dwelling will be converted into a Two Family Dwelling. It will have a new rear and side additions, dormer addition as well as a second level deck. See ERT1657614 for new garage.

Case: BOA- 1677948 Address: 95A Business Street Ward 18 Applicant: Matthew Mueller

Article(s) Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient Article 69, Section 9 Bldg Height Excessive (Feet) Article 69, Section 9 Front Yard Insufficient

Purpose : Erect a 1-1/2 story accessory 2-car garage with attic storage. Built beside an existing single family home at 95 Business St. This application is in conjunction with ALT1616737.

Case: BOA- 1694601 Address: 51 Walnut Street Ward 18 Applicant: John Pulgini

Article(s) Article 69, Section 8 Use: ForbiddenConsider relief for a new garage to be erected, as garage uses are forbidden in this district. Article 69, Section 9Front Yard Insufficient Article 69, Section 9Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 9Lot Area Insufficient

Purpose : Raze existing 1 story garage on 35 Walnut Street, and erect a new 1 story, 4 door garage spanning across 35 Walnut and the abutting 51 Walnut (Both properties owned by Applicant).

Case: BOA- 1703539 Address: 20 Clare Avenue Ward 18 Applicant: Saleek Marshall

Article(s) Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Lot Area Insufficient

Article 67, Section 9 Lot Width Insufficient

Purpose : for proposed new building Original lot will be divided into 2 lots lot A 4,347 Sq ft, and lot B 5,005 Sq ft. planning to build a 2 family structure on the new proposed lot. This permit is associated with ERT1636229

Case: BOA- 1703489 Address: 22 Clare Avenue Ward 18 Applicant: Saleek Marshall

Article(s) Article 67, Section 9 Usable Open Space Insufficient Article 67, Section 9 Rear Yard Insufficient

Article 67, Section 9 Bldg Height Excessive (Stories) Article 67, Section 9 Floor Area Ratio Excessive

Article 67, Section 9 Add'l Lot Area Insufficient Article 67, Section 32 Off Street Parking

Purpose : The construction of a new two family residence. ZBA approval will be required.

Case: BOA-1703702 Address: 14 Varney Street Ward 19 Applicant: Greg Andrus

Article(s) Article 55, Section 9 Floor Area Ratio Excessive

Purpose : Convert attic into approximately 400 sqft of finished space including a full bathroom, an additional bedroom, and a sitting area as our family is quickly outgrowing the space.



Case: BOA- 1719658 Address: 19 Sherbrook Street Ward 20 Applicant: Charles Sheehan

Article(s) Art. 56 Sec. 08 Floor Area Ratio excessive Article 56, Section 8 Front Yard Insufficient

Article 56. Section 8 Side Yard Insufficient

Purpose : Remove existing shed dormer and build new Nantucket style dormer. Add 1.5 new bathrooms. Open wall and install new support beam.

Case: BOA-1708487 Address: 45 Oriole Street Ward 20 Applicant: Greg Lewis

Article(s) Art. 56 Sec. 08 Open Space insufficient Applicant will need to seek relief for insufficient open space.

Article 56, Section 40.12 Two or More Dwelling Same Lot Applicant will need to seek relief for Two or More Dwelling Units on the same lot.Article 56, Section 8 Lot Area Insufficient Applicant will need to seek relief for the Minimum Lot Area Article 56, Section 8 Lot Width Insufficient Applicant will need to seek relief for insufficient lot width Article 56, Section 8 Lot Frontage Insufficient Applicant will need to seek relief for insufficient lot frontage. Article 56. Section 8 Side Yard Insufficient Applicant will need to seek relief for the side yard setback of 10' (feet)

Purpose : I am adding a detached garage with a small in law suite above it. The in law suite with have a bedroom, bathroom and sitting room. The in law suite is not intended to be permanently occupied. It is expected to be used on occasional visits.

Case: BOA-1695772 Address: 7 Tip Top Street Ward 22 Applicant: Prasanna Lachagari

Article(s) Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient

Article 51, Section 9 Rear Yard Insufficient Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Lot Frontage Insufficient Article 51, Section 9Lot Width Insufficient Article 51, Section 9Lot Area Insufficient Article 51, Section 8 Use: Forbidden Article 51, Section 56Off Street Parking Insufficient Article 51, Section 9Bldg Height Excessive (Stories) Article 51, Section 9Bldg Height Excessive (Feet)

Purpose : The project involves converting a fire damaged 2 family residence into a 4 family dwelling which involves adding 1 unit in the basement and another in the attic. The Project includes reframing of the roof and installing new siding for the building, repairing fire damage and change of layouts

Case: BOA-1704660 Address: 75 Marcella Street Ward 11 Applicant: Vernon Woodworth -MOH

Article(s): Art. 50 Sec. 29 Dimensional Requirements Insufficient additional lot area per unit Art. 50 Sec. 29 Dimensional Requirements Excessive f.a.r. Art. 50 Sec. 29-Dimensional Requirements Number of allowed stories exceeded Art. 50 Sec. 29-Dimensional Requirements Max allowed height exceeded Art. 50 Sec. 29 Dimensional Requirements Insufficient side yard setback Art. 50 Sec. 43 Off street parking insufficient

Article 50 Section 28 Use Regulations MFR (8 unit) dwelling -Forbidden

Purpose: Construction of eight (8) dwelling units. Nominal fee requested pending ZBA zoning relief. Clarification: Combine city parcel #'s 1100559000 and 1100558000 into a new 8,682sf lot and then construct an eight (8) unit affordable housing building per plans submitted. *Filing assigned to Fd by Dept Head Paul Williams on 12.10.24 **Project is further subject to NDOD and Article 79 review

Case: BOA-1704664 Address: 86 Marcella Street Ward 11 Applicant: Vernon Woodworth -MOH

Article(s): Art. 50 Sec. 43 Off street parking requirements 5. Location; (c) Off-street parking shall not be located in any part of a landscaped area required by this Article or in any part of a Front Yard

Art. 50 Sec. 43 Off street parking requirements 6. Design (a) access, maneuvering areas (d) Size Article 50 Section 28 Use Regulations 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 (Stories) Article 50, Section 29 Bldg Height Excessive (Feet) Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Front Yard Insufficient

Purpose: MOH Construct a twelve (12) unit multifamily building. Nominal fee requested pending ZBA zoning relief. CLARIFICATION: MOH Project (EO2425) Combine 5 vacant parcels into one 7,307sf lot (i.e. 1100834000, 1100835000, 1100831000, 1100830000 & 1100829000 Area=7,307± S.F. (0.17± Ac.) to create a through lot per stamped land survey provided and then Construct a four story MFR dwelling which will consist of twelve (12) Affordable housing units with 6 off street parking spaces to include photovoltaic panel array on roof per plans provided 2.6.25 *9.27.24 Application assigned to FD by PW on 10/28/2 **Stamped land survey provided 2.6.25



Case: BOA-1698184 Address: 1 Waverly Street Ward 12 Applicant: Timothy Fraser, ESQ-MOH

Article(s) Art. 50 Sec.37 Blvd Planning Overlay District Art. 50, Section 28 Use: Conditional Restaurant Art. 50, Section 28 Use: Conditional Coffee shop Article 50, Section 29 Add'l Lot Area Insufficient Min. lot area required: 53,000 sqft Proposed: 23,612 sqft Article 50, Section 29 Floor Area Ratio Excessive Max. allowed:1 Proposed: 2.95

Article 50, Section 29 Bldg Height Excessive (Stories) Max. allowed: 4 Proposed: 5 Article 50, Section 29 Bldg Height Excessive (Feet) Max. allowed: 45' Proposed: 65'Article 50, Section 29 Usable Open Space Insufficient Min. required: 10,400 sqft Proposed: 7,294 sqft Article 50, Section 29 Front Yard Insufficient Min. required: 20' Proposed: 0'Article 50, Section 29 Side Yard Insufficient Min. required: 10' Proposed: 0 Article 50, Section 29 Rear Yard Insufficient Min. required: 20' Proposed: 0

Purpose : Demolition of existing structure (under SF:#) and podium construction of a 5-story building with 52 affordable residential apartments on floors 2 thru 5. Proposing coffee shop and restaurant/commercial space and 18-space garage on the ground level.

Case: BOA- 1716753 Address: 142-146 Saint Mary’s Street Ward 21 Applicant: 100 Monmouth Street LLC-ARTICLE 80

Article(s) Art. 61, Section 7 Use: Conditional Ancillary Parking Conditional Art. 06 Sec. 03A Additional Conditions in Restricted Parking District For Ancillary Parking Article 61, Section 8 Dimensional Regulations Add'l Lot Area Insufficient Article 61, Section 8 Dimensional Regulations Floor Area Ratio Excessive Article 61, Section 8 Dimensional Regulations Building Height (Stories) Excessive Article 61, Section 8 Dimensional Regulations Building Height (Feet) Excessive Article 61, Section 8 Dimensional Regulations Usable Open Space Insufficient Article 32, Section 4. GCOD, Applicability

Purpose : Erect a 6 story multifamily dwelling and garage for 85 units and accessory/ancillary parking. Consists of 6 stories above grade with 1 story below grade for parking. The proposed structure features residential units on levels 2 & above, accessory amenity spaces, bike storage and parking on levels 1 & basement. Raze an existing 2 story garage under separate permit