Zoning Board of Appeal hearing

December 3, 2019 & December 17, 2019

Case: BOA-701484  Address: 331 Columbia Road Ward 15  Applicant: 229-231 Columbia Road LLC

Case: BZC-32903 Address: 188 High Street Ward  3 Applicant: Fred Mannix

Case: BOA-672571 Address: 25 Amory Street Ward  11 Applicant: Teronda Ellis

Case: BOA-1028948 Address: 165 West Canton Street Ward 4 Applicant: 165 WC, LLC

Article(s): 32(32-9)

Purpose: Remodel existing single family dwelling. All new MEP'S.

Case: BOA-1027386 Address: 165 West Newton Ward 4 Applicant: Michael Resteghini

Article(s): 32(32-9)

Purpose: Whole house interior renovation with rear wall window and door reconfiguration. All new finishes throughout

except top floor.

Case: BOA#1024531 Address: 615 Massachusetts Avenue Ward 9 Applicant: Andrew Babbin

Purpose: Construct a new Roof Deck with skylights. Install a new roof. Section: 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. Exception: In buildings without an occupied roof, access to the roof shall be permitted

to be a roof hatch or trap door not less than 16 square feet (1.5 m2) in area and having a minimum dimension of 2 feet

(610 mm).

Case: BOA-1007155 Address: 54 Ashley Street Ward 1Applicant: Joseph Barry

Article(s): 9(9-1)

Purpose: Change capacity from 240 people to 300 people.

Case: BOA-1024770 Address: 130 Everett Street Ward 1 Applicant: 130 Everett Street, LLC

Article(s): 53(53-56) 27T 53(53-56.5) 53(53-8) 53(53-9: Insufficient additional dwelling area per dwelling unit -

1000sf/unit req., Excessive F.A.R. - 1.0 max, # of allowed stories exceeded - 3 story max (4 story proposed), Insufficient

side yard setback (No penetrations allowed <3' from lot line), Insufficient rear yard setback - 40' req., Insufficient open space per unit & Allowed height exceeded - 35' max)

Purpose: Erect vertical addition, renovate and change occupancy to a 5 unit residential dwelling with parking for 2

vehicles.

Case: BOA-1022767 Address: 15 Prospect Street Ward 2 Applicant: Rubio Family Trust

Article(s): 62(62-25) 9(9-1)

Purpose: Amend Alt943748 to erect a roof deck as per plans.

Case: BOA-979038 Address: 64-72 Kneeland Street Ward 3 Applicant: Po Ching Chan

Article(s): 43(43-19)

Purpose: Change from cell phone store to take out ice cream and drink place.

Case: BOA-1015905 Address: 296 Columbus Avenue Ward 4 Applicant: Jeremy Ko

Article(s): 64(64-8) 64(64-9: Open space insufficient and Floor area ratio excessive) 64(64-36)

Purpose: To change occupancy from 4 units to 5 units by adding studio apartment on basement level. The work involves

adding a bath room, kitchen, common wall, and apartment entrance door. The existing basement level is finished space

with laundry from gut rehab 35 years ago.

Case: BOA-1014511 Address: 481 East Seventh Street Ward 7 Applicant: Scott Payette

Article(s): 68(68-8: Side yard setback is insufficient and Rear yard setback is insufficient)

Purpose: Rear porch and egress stair replacement to meet current building code. lic. contractor to be selected.

Case: BOA-923932 Address: 8 Harvest Street Ward 7 Applicant: Brenda Yiu

Article(s): 65(65-9)

Purpose: Construct a new side dormers on existing two-family dwelling. Extend living space into attic.

Case: BOA-1023631 Address: 1599 Columbus Avenue Ward 11 Applicant: 1599 Columbus LLC

Article(s): 55(55-22) 55(55-23: Floor area ratio excessive, Height excessive and Usable open space insufficient)

Purpose: The redevelopment is proposed to include the construction of a new residential building with approximately 65

affordable rental units, as well approximately 4,000 SF of non-residential/retail ground floor space. The project site

includes both parcels 1595-1597 Columbus Ave and 1599 Columbus Ave. in conjunction with ALT1004737 and

ALT1004740.

Case: BOA-1017827 Address: 2908-2924 Washington Street Ward 11 Applicant: Margarita Ballester

Article(s): 50(50-28)

Purpose: Change of Occupancy to include Community Room and After School Program to existing 6 apartments with

supportive accessory uses, and retail.

Case: BOA-1001052 Address: 62 Alpine Street Ward 12 Applicant: Aaron Robinson

Article(s): 50(50-43) 50(50-29: Usable open space insufficient, Floor area ratio excessive and Add'l lot area insufficient)

50(50-28)

Purpose: Change occupancy from a two family to a four family. Renovate as per plans. Including MEP, Sprinkler and

FA.

Case: BOA-1015942 Address: 17 Waumbeck Street Ward 12 Applicant: Norberto Leon

Article(s): 50(50-29: Excessive F.A.R., Insufficient additional lot area per unit and Maximum # of habitable stories

exceeded (3 story max.))

Purpose: Renovating existing single family home into 3 units. Expansion of habitable space into basement. Change

occupancy from 1 family to 3 family.

Case: BOA-1015325 Address: 16-18 Playstead Road Ward 13 Applicant: Julie Simmons

Article(s): 65(65-8) 65(65-9: Lot area insufficient, Lot width insufficient, Lot frontage insufficient, Floor area ratio

excessive, Building height (# of stories) excessive and Side yard insufficient) 65(65-41)

Purpose: Change Occupancy from a Two ( 2 ) Family Dwelling to a Three ( 3 ) Family Dwelling. Renovate existing

Building on all Floors. New Kitchens and Bathrooms. Insulate Building. Expand dormers on 3rd Floor. Add a new

Rear Deck to the 3rd Floor. Upgrades to HVAC and MEP systems. Building will be fully Sprinklered.

Case: BOA-1024177 Address: 259 Quincy Street Ward 14 Applicant: Gideon Oknin

Article(s): 50(50-32)

Purpose: Change occupancy in the second floor from storage to a gym 1 more rep athletics.

Case: BOA-1027373 Address: 171-179 Bowdoin Street Ward 15 Applicant: Matt Mueller

Article(s): 65(65-41: Off-street parking requirement is insufficient and Off-street parking design (access drive and

maneuverability)) 65(65-42) 65(65-8: Retail use is forbidden use and Multi-family dwelling unit use is a forbidden use)

65(65-9: Lot area for the additonal dwelling units is insufficient, Floor area ratio is excessive, Usable open space is

insufficient, Front yard setback requirement is insufficient, Side yard setback requirement is insufficient, Height is

excessive (stories) and Height is excessive (ft)) 65(65-39)

Purpose: Erecting a new mixed use building complex on an empty lot with 3 retail units on the first floor, and 9

residential units above with elevator access. There are 13 on grade parking spaces in the rear of the building.

Case: BOA-985489 Address: 8 Fifield Street Ward 15 Applicant: Domingos Rosa

Article(s): 65(65-9: Insufficient lot size (5,000sf req), Insufficient lot width (50' req), # of allowed stories has been

exceeded (2.5 max), Excessive f.a.r. (.5 max), Insufficient front yard setback, Insufficient side yard setback (10' req) and

Insufficient rear yard setback (30' req)) 65(65-41)

Purpose: New construction 3 family residential unit.

Case: BOA-1025835 Address: 580 Gallivan Blvd Ward 16 Applicant: John Roche AIA

Article(s): 65(65-8) 65(65-8.2) 65(65-9) 65(65-41)

Purpose: Change of Occupancy from two-family dwelling to three-family dwelling to legalize existing living space in

the basement. Installation of sprinkler system in the new basement unit.

Case: BOA-957793 Address: 16 Chesterfield Street Ward 18 Applicant: Thuan Lai

Article(s): 69(69-9) 69(69-8)

Purpose: Existing building was purchase in 2008 with 3-unit configuration along with (3) existing gas meters and (4)

electrical meters. Current owner didn't know it was a legal 2-family use and not a 3-family use. This proposed

application is to change existing 2 family building to a 3-family use. Proposed to install fire alarm system and to correct

prior violations.

Case: BOA-1027195 Address: 20-22 Yuill Ci Ward 18 Applicant: Antonio Ferrara

Article(s): 56(56-7) 56(56-8: Lot width insufficient, Floor area ratio excessive, Front yard insufficient, Usable open

space insufficient and Rear yard insufficient)

Purpose: Erect new two family dwelling with a 2 car garage. In conjunction with ALT947457 for subdivision.

Case: BOA-992741 Address: 66-66B Fawndale Road Ward 19 Applicant: Falcucci Properties, LLC

Article(s): 67(67-9: Insufficient lot size, Insufficient additional lot area per unit, Excessive F.A.R., Insufficient open

space per unit, Insufficient side yard setback and Insufficient rear yard setback) 67(67-33) 67(67-32)

Purpose: Seeking to erect a 3-story residential building with 3 units and 3 parking spaces.

Case: BOA-965878 Address: 133-135 Clement Avenue Ward 20 Applicant: Patrick Ciapciak

Article(s): 56(56-7) 56(56-8)

Purpose: Change occupancy from a 2 family to a 3 family. Conversion of existing attic space into studio apartment

living space. Exterior means of egress added.

Case: BOA-1025172 Address: 819 Langrange Street Ward 20 Applicant: Daniel Matskevich

Article(s): 56(56-8)

Purpose: Renovation of the exterior facade per plans by Michael McKay. Replacement of all exterior siding and trims.

New decorative roof overhangs and addition per plans. Re-build of existing bay per plans. Replacement of two

landings/entrances and addition of deck. Strip and re-roof asphalt shingles.

Case: BOA-1016774 Address: 115 Selwyn Street Ward 20 Applicant: Joseph DeMambro

Article(s): 67(67-9: Insufficient additional lot area per unit, Excessive F.A.R., # of allowed stories has been exceeded,

Insufficient open space per dwelling unit, Insufficient side yard setback (dormer not identified in work description) and

Insufficient rear yard setback (dormer not identified in work description)) 67(67-32)

Purpose: Confirm as one family and change into a two-family. Install new partitions, finishes, mechanical, electrical and

plumbing work. install new stairway, kitchens and bathrooms. Install new exterior stair for second means of egress from

upper unit.

Case: BOA-1014399 Address: 19 Wallingford Road Ward 21 Applicant: John Lydon

Article(s): 51(51-9: Add'l lot area insufficient, Floor area ratio excessive and Usable open space insufficient)

Purpose: Conversion of single family to two-family. Work to include the installation of basement easement casings and

exterior rear egress staircase. Lower unit: 2 bedrooms, bathroom, living room, and kitchen. Upper 4 bedrooms, 2

bathrooms, living room kitchen area. Two rear off-street parking spaces.

Case: BOA-1012008 Address: 190R Washington Street Ward 21 Applicant: Peter Ofman

Article(s): 51(51-9.4) 51(51-9: Lot area insufficient, Floor area ratio excessive, Front yard insufficient and Rear yard

insufficient) 10(10-1) 51(51-53) 51(51-56)

Purpose: Erect a new single family 2-1/2 feet story detached dwelling. Proposed two (2) off-street parking. ZBA.

Case: BOA-1023659 Address: 297 Faneuil Street Ward 22 Applicant: Tony Keegan

Article(s): 51(51-9: Side yard insufficient and Rear yard insufficient)

Purpose: Install new rear decks as per drawing. Install vinyl siding on exterior of house.

Case: BOA-1014367 Address: 320 Washington Street Ward 22 Applicant: Igor Uporau

Article(s): 51(51-16)

Purpose: To correct violation V436612. Change Occupancy to include Recreational Center for Games on the first floor

(Ground Floor). Install two handicap toilets, partitions, finishes, doors, lights, outlets, emergency lights, and exit signs.

Install 3 new sprinkler heads and new additional fire alarm devices. Work as per plans.

Case: BOA-889514 Address: 343-345 Chelsea Street Ward 1 Applicant: 343-345 Chelsea Street, Realty Trust

Article(s): 53(53-54) 53(53-56) 53(53-57.3)

54(54-12: Insufficient open space, insufficient rear yard setback and Excessive FAR)

Purpose: Raze existing building and erect three story building with retail at grade and six (6)residential units on floors

2-3.

*Modified on 5.21.19 to 8 residential units. * Modified on 8/26/19 three story building retail and 6 residential units.

Case: BOA-937977 Address: 69 Lubec Street Ward 1 Applicant: Epsilon Partners, LLC

Article(s): 25(25-5) 27T(27T-9) 53(53-56) 53(53-56.5(a)

53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9)

Purpose: Seeking to erect a 5-story building with 8 residential units and 8 parking spaces.

Case: BOA-1005501 Address: 24-26 Elm Street Ward 2 Applicant: 24-26 Elm St, LLC

Article(s): 62(62-8)

Purpose: To change occupancy from a 2-family dwelling to a three-family dwelling. Also, to renovate the building,

including a rear 2 story addition with roof deck, demo garage add 3 parking spaces.

Case: BOA-975065 Address: 7 Beaver Place Ward 5 Applicant: Stephen Payne

Article(s): 32(32-4) 13(13-13-1)

Purpose: To correct an "unsafe" violation,V439035: Remove the front facade of the building and structural elements

(primarily floor joists, and rafters ) that bear on it. nominal paid on ALT 8024843. *Clarification: Building razed.

Case: BOA#999900 Address: 7 Beaver Place Ward 5 Applicant: Stephen Payne

Purpose: To correct an "unsafe" violation,V439035: Remove the front facade of the building and structural elements

(primarily floor joists, and rafters ) that bear on it. nominal paid on ALT 8024843. *Clarification: Building razed.

Section: 9th Edition 780 CMR CHPT 07 Chapter 07. Section 705.8; Exterior Wall Openings proposed < 3' from lot line

is not permitted.

Case: BOA-818471 Address: 97 Salem Street Ward 3 Applicant: 97 Salem Street Realty Trust

Article(s): 54(54-18) 54(54-21)

54(54-13: open space insufficient, Rear yard insufficient and Floor area ratio ex-cessive)

Purpose: To change occupancy from one real estate office to one retail space and 9 residential units. Also to erect a five

story addition above the existing one story building.

Case: BOA-938192 Address: 62-64 Baxter Street Ward 6 Applicant: George Morancy

Article(s): 27S(27S-5) 68(68-33) 68(68-8) 68(68-8) 68(68-8) 68(68-8) 68(68-8)

Purpose: Combine two lots (parcel 0600761000 and 0600761000) to a newly created lot of 2,751 total SF to be known

as 62-64 Baxter Street. Raze existing two-family structure on separate permit. Erect new 4-unit multi-family residential

dwelling with roof decks and rear decks. Propose 4 parking spaces.

Case: BOA-899613 Address: 97 Farragut Road Ward 6 Applicant: George Morancy

Article(s): 27S(27S-5) 68(68-29) 68(68-8)

Purpose: Construct third floor addition with new rear deck and roof deck. Renovate existing two-family dwelling.

Extend living space into the basement for Unit 1. Propose (1) off-street parking.

Case: BOA-808136 Address: 9 Burney Street Ward 10 Applicant: 11 Burney, LLC and Tremont and Burney, LLC

Article(s): 59(59-7: Multifamily Dwelling : Forbidden and Accessory Parking : Forbidden)

59(59-8: Lot Area Insufficient, Floor Area Ratio Excessive, Building Height Excessive, Building Height ( # of Stories )

Excessive, Usable Open Space Insufficient, Front Yard Insufficient, Side Yard Insufficient and Rear Yard Insufficient)

59(59-37: Off-Street Parking Insufficient and Off-Street Loading Insufficient)

Purpose: Construct a new 4 story Building. On the Ground Floor will be a Building Amenity Space and an Accessory

Parking Garage. On Floors 2 thru 4 will be 24 Units of Housing. There will be a Common Roof Deck. The Project will

require the combination and alteration of several existing lots including 11 Burney, 1508-1514 Tremont, 1518 Tremont

and 1520 Tremont. The project proposes to remove existing structures on 11 Burney. (See Related Application

ALT792598)

Case: BOA-982967 Address: 9 Burney Street Ward 10 Applicant: 11 Burney, LLC and Tremont and Burney, LLC

Article(s):59(59-37)

59(59-8: Floor Area Ratio Excessive and Rear Yard Insufficient)

Purpose: The parcels at 9 and 11 Burney will be taking some amount of area from 1508-1514 Tremont St, 1516-1518

Tremont St and 1520 Tremont St. This application should be considered at the same time as the application at 9 Burney

St. ERT 792599.(TW).

Case: BOA-982962 Address: 1508-1514 Tremont Street Ward 10 Applicant: 11 Burney, LLC and Tremont and Burney,

LLC

Article(s): 59(59-37)

59(59-16:Floor Area Ratio Excessive and Rear Yard Insufficient)

Purpose: Lot at 1508-1514 will be transferring some lot area to the lot at 9 Burney St. This transfer will require zoning

relief to the parcel. This application should be reviewed at the same time as the permit application for 9 Burney St

#ERT792599 (TW)

Case: BOA-982965 Address: 1516-1518 Tremont Street Ward 10 Applicant: 11 Burney, LLC and Tremont and Burney,

LLC

Article(s): 59(59-37)

59(59-16:Floor Area Ratio Excessive and Rear Yard Insufficient)

Purpose: The parcel at 1518 Tremont will be transferring some amount of it's area to the proposed parcel at 9 Burney St.

This transfer will create the need to zoning relief. This application should be considered at the same time as the

application at 9 Burney St. ERT 792599. Being reviewed by Tom White.

Case: BOA-982955 Address: 1520 Tremont Street Ward 10 Applicant: 11 Burney, LLC and Tremont and Burney, LLC

Article(s): 59(59-37)

59(59-16: Floor Area Ratio Excessive and Rear Yard Insufficient)

Purpose: The parcel at 1520 Tremont will be transferring some amount of it's area to the proposed parcel at 9 Burney St.

This transfer will create the need to zoning relief. This application should be considered at the same time as the

application at 9 Burney St. ERT 792599.(TW)

Case: BOA-947958 Address: 138 Centre Street Ward 17 Applicant: John Barry

Article(s): 9(9-2) 65(65-41) 65(65-8) 65(65-9: Floor area ratio excessive, Bldg height excessive (stories), Bldg height

excessive (feet), Side yard insufficient and Rear yard insufficient)

Purpose: Build addition to rear of building. Change occupancy from a 3 to a 6 family.

Case: BOA-969080 Address: 13B River Street Ward 17 Applicant: Lucio Trabucco

Article(s):65(65-42: Conformity with Existing Building Alignment and Two or More Dwellings on the Same Lot)

65(65-9: Lot Area Insufficient, Lot Frontage Insufficient, Floor Area Ratio Ex-cessive, Building Height Excessive (ft),

Building Height (# of Stories) Excessive, Usable Open Space Insufficient and Rear Yard Insufficient)

Purpose: Erect a new 4 story, Two ( 2 ) Family Dwelling on existing 11,663 sq ft Lot. Parking will be located under

Building. This will be 1 of 3 Dwellings located on the Same Lot. Building will be fully Sprinklered. Reference

ERT892724 ( 13A River Street ) and ALT892712 existing building at 13 River Street.

Case: BOA-969078 Address: 13A River Street Ward 17 Applicant: Lucio Trabucco

Article(s):65(65-42: Conformity with Existing Building Alignment and Two or More Dwellings on the Same Lot)

65(65-9: Main Entrance to a Dwelling shall Face the Front Lot line, Lot Area Insufficient, Lot Frontage Insufficient,

Floor Area Ratio Excessive, Building Height Excessive, Building Height ( # of Stories ) Excessive, Usable Open Space

Insufficient, Front Yard Insufficient and Side Yard Insufficient)

Purpose: Erect a new 4 story, Two ( 2 ) Family Dwelling on existing 11,663 sq ft Lot. Parking will be located under

Building. This will be 1 of 3 Dwellings located on the Same Lot. Building will be fully Sprinklered. Reference

ERT892728 (13B River Street) and ALT892712 existing building at 13 River Street.

Case: BOA-969070 Address: 13 River Street Ward 17 Applicant: Lucio Trabucco

Article(s):65(65-42) 65(65-9: Floor Area Ratio Excessive, Building Height ( # of Stories ) Excessive,

Usable Open Space Insufficient and Side Yard Insufficient)

Purpose: Addition and Alterations to existing structure @ 13 River St - please see ERT892724 for 13A River St and

ERT892728 for 13B River St (separate buildings in the rear of the lot.) ERT835368 incorrect application for work

described.

Case: BOA#966830  Address: 21 Rushmore Street Ward 22  Applicant: Chris Pleim

Purpose: Seeking a permit and BOA approval to build a new six unit building with 4 parking spots on lower level and 2 on exterior. Please see SF959649 for take-down permit for existing building.

SECTION:9th 780CMR 101 Referenced Codes. AAB Accessibility Requirements

Architectual Access Board 521 CMR Section 20 Accessible Routes.

Architectual Access Board 521 CMR Section Section 9; Group 1 Dwelling Design.