Zoning Board Of Appeal Hearing

October 24, 2024 & October 29, 2024

Case: BOA-1173599 Address: 535-537B Washington Street Ward 22 Applicant: Michael P. Ross, ESQ

Case: BOA-1392781 Address: 9 West Broadway Ward 6 Applicant: Nicholas Zozula, ESQ

Case: BOA-1298301 Address: 17 Warren Place Ward 12 Applicant: Nicholas Zozula, ESQ

Case: BOA-1101366 Address: 75 Willow Court Ward 7 Applicant: Nicholas Zozula, ESQ

Case: BOA-1101368 Address: 78 Willow Court Ward 7 Applicant: Nicholas Zozula, ESQ

Case: BOA-1374777 Address: 7 Dana Avenue Ward 18 Applicant: John Pulgini, ESQ

Case: BOA-1360285 Address: 301 Mount Vernon Street Ward 13 Applicant: Paul Momnie, ESQ

Case: BOA-946259 Address: 30 Cumberland Street Ward 4 Applicant: Hezekiah Pratt, AIA

Case: BOA-919610 Address: 120 Gove Street Ward 1 Applicant: Richard Lynds, ESQ

Case: BOA-919609 Address: 25-37 Frankfort Street Ward 1 Applicant: Richard Lynds, ESQ

Case: BOA-657089 Address: 157 Howard Avenue Ward 13 Applicant: Lisa Beasley

Case: BOA-1344283 Address: 1 Raldne Road Ward 18 Applicant: Vanessa Prince

Case: BOA- 1658855 Address: 207-209 South Street Ward 3 Applicant: George Morancy, ESQ

Article(s) Art. 32 Sec. 04 GCOD Applicability

Purpose : Renovation and change occupancy from office building to hotel with two restaurants and a café. Nominal fee, requires building code relief and GCOD approval.

Case: BOA-1658107 Address: 21 Wellington Street Ward 4 Applicant: Fraser Allan

Article(s) Art. 32 Sec. 04 GCOD Applicability

Purpose : Confirming Occupancy of Existing 2 Family. Application for zoning review refusal letter, nominal fee

Case: BOA-1634586 Address: 334 Shawmut Avenue Ward 3 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior/exterior work to include remodel of kitchens, baths, brick repairs, new roof, and repair entry stairs. Refer to plans and attached letter for full description of scope. Fire escapes to remain. 

Case: BOA-1634585 Address: 328-330 Shawmut Avenue Ward 3 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Change occupancy to 8 apartments by combining 328 Shawmut Ave & 330 Shawmut Ave to be known as 328 330 Shawmut Ave. Interior/exterior work to include remodel of kitchens and baths, bricks repairs, as per plans and

attached letter. No major envelope upgrades, but a new rubber roof will be installed. See ALT1623064 & ALT1623065 for combination of existing buildings.

Case: BOA-1634600 Address: 79 West Brookline Street Ward 9 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior/exterior work to include remodel of kitchens and baths, brick repairs, and rear retaining wall repairs. Refer to plans and attached letter for full description of scope. Fire escapes to remain.

Case: BOA-1634598 Address: 75 West Brookline Street Ward 9 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior/exterior work to include remodel of kitchens and baths, brick repairs, and rear retaining wall repairs. Refer to plans and attached letter for full description of scope. Fire escapes to remain.

Case: BOA- 1634592 Address: 10 Upton Street Ward 9 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior/exterior work to include remodel of kitchens, baths, and brick repairs. Refer to plans and attached letter for full description of scope. Fire escapes to remain.

Case: BOA- 1634591 Address: 638 Tremont Street Ward 9 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior/exterior work to include remodel of kitchens, baths, brick repairs, and new roof. Refer to plans and attached letter for full description of scope. Fire escapes to remain.

Case: BOA-1634584 Address: 2 Aguadilla Street Ward 9 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior renovations to existing residential units only; 9 of 10 units. Residential scope includes remodel of kitchens, baths, interior finishes, with updates to life safety (FA/FP). Exterior work limited to brick repairs and new rooftop mechanical equipment. Refer to plans and attached letter for full description of work.

Case: BOA- 1634588 Address: 401 Shawmut Avenue Ward 9 Applicant: Casas Borinquen Apartments Limited Partnership

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

Purpose : Interior/exterior work to include remodel of kitchens, baths, and brick repairs. Refer to plans and attached letter for full description of scope. Fire escape to remain.

Case: BOA-1634488 Address: 403-405 Shawmut Avenue Ward: 9 Applicant: Casas Borinquen Apartments Limited Partnership

Article(s) Article 64, Section 9 Usable Open Space Insufficient Article 64, Section 36 Off Street Parking Insufficient

Article 32, Section 4.GCOD, Applicability Article 64, Section 9 Floor Area Ratio Excessive

Purpose: Change occupancy to 6 residential units. Building's prior occupancy was a community center. Interior and exterior renovations and upgrades to convert to (6) apartment units. Including but not limited to select demo, concrete,

masonry, structural repairs, new windows, new kitchen and bathroom finishes, MEP/FP upgrades.

Case: BOA-1644118 Address: 4 Cross Street Ward: 2 Applicant: Stephanie Mashek

Article(s): Article 62, Section 8 Floor Area Ratio Excessive

Purpose: Footprint of 88 sf Addition at Basement level for Living space and at 1st Floor for Kitchen contiguous with Living and Dining. Deck off added Kitchen and roof deck above added Kitchen.

Case: BOA-1562426 Address: 30 Dwight Street Ward: 3 Applicant: Marc LaCasse

Article(s): Art 64.9.4 Town/Rowhouse extension into rear - Addition of a porch or balcony, above the first story (Garden level is considered the first floor).

Purpose: Install rear balcony/deck at parlor level [level 1 as shown on plan] extending 6' from rear façade and onto roof of existing ground level entry overhang.

Case: BOA- 1649258 Address: 43 Bowdoin Street Ward: 3 Applicant: Steven Deering

Article(s): Art. 15 Sec. 15 1 Floor Area Ratio Excessive Art. 17 Section 1 Usable Open Space Insufficient

Art. 23 Section 1 Off Street Parking (Residential) Insufficient

Purpose: Renovate Unit 1F and 2R per plans. Change of use from office to residential.

Case: BOA- 1651513 Address: 20 Myrtle Street Ward: 5 Applicant: Revocable Trust of Heidi D McKeon

Article(s): Art. 09 Sec. 02 Nonconforming Use Change – Conditional Art. 08 Sec. 03 Conditional Uses- Existing nonconforming law office change to retail store Conditional

Purpose: Change occupancy from Office to Retail. Sub district: H 2 65 Legal occupancy record: Professional Office (Law)

Case: BOA-1660656 Address: 590 East Broadway Ward: 6 Applicant: Frank Knippenberg

Article(s): Article 68, Section 7 Use Regulations - Fitness center or gymnasium use is forbidden

Purpose: Install light fixtures, paint throughout. Change occupancy from 1 Professional Office and Two (2) Residences to 1 Professional Office, 1 Fitness Studio and Two (2) Residences. Submitting for Zoning Refusal Office (Law)

Case: BOA-1640459 Address: 5-7 Denvir Street Ward: 16 Applicant: Huy Tran

Article(s): Article 65, Section 9 Usable Open Space Insufficient

Purpose: Apply for curb cut and propose 2 new parking spaces.

Case: BOA- 1640461 Address: 5-7 Denvir Street Ward: 16 Applicant: Huy Tran

Article(s): Article 65, Section 9 Side Yard Insufficient

Purpose: Unit 1 and 2 kitchen renovations new bathroom on the first floor and second floor construction of new rear deck/stairway to replace rear deck (same print) Curb cut and proposed parking reflected under U491603250.

Case: BOA-1649103 Address: 2 Michael Road Ward: 22 Applicant: Lea Overby

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

Purpose: Bump out front door, to correct existing code violation. Currently, there isn’t enough space to fully open the front door.

Case: BOA-1643227 Address: 423 William F. McClellan Highway Ward 1 Applicant: Maverick Media LLC

Article(s) Art. 11 Sec. 06 Signs Subject to Other Reg. No new billboards within 660 feet of a federally funded

highway are allowed. Art 53 Sec 14 Dimensional Regulations in Insufficient front yard. Conservation Protection

Art 53 Sec 27 Sign Regulations Excessive sign height and area. Art 53 Sec 27 Sign Regulations New billboards are forbidden in this district.

Purpose: Erect an outdoor advertising device (digital billboard) consisting of a single monopole with back to back digital faces with dimensions of 14.5 ' by 48 ' with a height of 60 ' facing William F. McClellan Highway, East Boston. 

Case: BOA-1640825 Address: 261 Bunker Hill Street Ward 2 Applicant: Aaron Brown Sawitsky & Denice McClure Sawitsky

Article(s) Art. 62 Sec. 62 8 Rear Yard Insufficient Article 62, Section 8 Side Yard Insufficient Article 62, Section 25 Roof Structure Restrictions

Purpose : To rebuild roof deck and head house

Case: BOA-1619123 Address: 60-70 Cross Street Ward 3 Applicant: Anthony Virgilio

Article(s) Art. 54 Section 13 Dimensional Regulations Insufficient rear yard setback Art. 54 Section 18 Roof Structure and Building Max allowed height of pre-existing max allowed height Height Restrictions on lot exceeded

Art. 54 Section 18 Roof Structure and Building Private roof deck access Height Restrictions

Article 54, Section 18 Roof Structure Restrictions Roofline reconfiguration for additional stories

Purpose : Clarification: Combine all three parcels of land into one and then construct addition per plans to accommodate a Change occupancy from retail restaurant and three apartments to retail, coffee shop, Ice cream store with takeout, Sit down restaurant with accessory Culinary Arts/education, outdoor veranda seating on upper story and three apartments with private roof deck per plans submitted.

Case: BOA-1633160 Address: 125 B Street Ward 6 Applicant: Robin Latour

Article(s) Article 86, Sec. 6 Use and Dimensional Regulations Wireless Communications Equipment required setback

from roof edge not met.

Purpose : DISH Wireless Rooftop Cellular Installation/Eligible Facilities Request: Antennas w/support equipment (RRH, OVP Junction boxes + associated cabling & conduits) at the 67'9" foot RAD. Dish will require a lease area for ground equipment.Array on top of existing penthouse.

Case: BOA-1636406 Address: 617 Dorchester Avenue Ward 7 Applicant: George Morancy, ESQ

Article(s) Art. 23 Section 1 Off Street Parking (Residential) Insufficient Min. required: 11.7 spaces. Proposed: 0

Article 13, Section 1 Add'l Lot Area Insufficient Min. required: 15,000 sqft Proposed: 6.134 sqft

Article 13, Section 1 Floor Area Ratio Excessive Max. allowed: 1 Proposed: 2.74 Article 13, Section 1 Bldg Height Excessive (Feet) Max. allowed: 40' Proposed: 41' Article 13, Section 1 Bldg Height Excessive (Stories) Max. allowed: 3 Proposed: 4 Article 13, Section 1 Usable Open Space Insufficient Min. required: 2,600 sqft Article 13, Section 1 Front Yard Insufficient Min. required: 5' Proposed on Dorchester Ave.: 4.1' Proposed on Boston St.: 3.4'

Art. 18 Section 2 Conformity with existing building alignment Street modal calculations for Dorchester Ave. and Boston St. not provided to verify compliance.

Purpose : To construct four story 13 unit multifamily building, fully sprinklered, with an elevator.

Case: BOA- 1635245 Address: 64 Harvest Street Ward 7 Applicant: Theodore Hannibal

Article(s) Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Side Yard Insufficient

Purpose : Build a roof deck for the exclusive use of Unit #3.

Case: BOA- 1593227 Address: 282 Walnut Avenue Ward 12 Applicant: Chukwu X Dera Okoli

Article(s) Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Floor Area Ratio Excessive

Art. 50, Section 43 Off Street Parking Insufficient Art. 50, Section 32 Use: Forbidden

Purpose : Change occupancy from 6 units to 7 units with the 7th unit in the basement all work will be done according to the plans submitted to include MEP's



Case: BOA- 1623617 Address: 13 Bird Street Ward 13 Applicant: Sean George

Article(s) Art. 65 Sec. 02 Conformity with Existing Building Alignment Street modal calculation not provided to verify its compliance. Art. 55 Sec. 65 41 Off Street parking insufficient Required: 3 spaces Provided: 0 Article 65, Section 9 Lot Area Insufficient Required: 5,000 sqft Proposed: 2,571 sqft Article 65, Section 9 Floor Area Ratio Excessive Max. allowed: 0.5 Proposed: 1.81 Article 65, Section 9 Bldg Height Excessive (Stories) Max. allowed: 2.5 Proposed: Article 65, Section 9 Front Yard Insufficient Min. required: 15' Proposed: 0 Article 65, Section 9 Side Yard Insufficient Min. required: 10' Article 65, Section 9 Rear Yard Insufficient Min. required: 30' Proposed: 8.18' Article 65, Section 32 Neighborhood Design Overlay Districts

Purpose : Ground up construction of a new 3 family building. In conjunction with ALT1602047 5 Wheelock Ave. with lot id: 1301747000 and 3,362 sqft is reducing to 2,281 sqft. and 13 Bird St. with lot id: 1301753000 and 1,444 sqft is increasing to 2,571 sqft.

Case: BOA- 1623610 Address: 5 Wheelock Avenue Ward 13 Applicant: Sean George

Article(s) Article 65, Section 9 Lot Area Insufficient Min. lot required: 5,000 sqft Existing: 3,262 sqft Proposed: 2,281 sqft Article 65, Section 9 Floor Area Ratio Excessive Max. allowed: 0.5 Existing: 0.73 Proposed: 1.05 It has been increased by reducing the lot area. Article 65, Section 9 Rear Yard Insufficient Min. required: 30' Proposed: Reduced

Purpose : House is being brought into violation due to subdivision: 5 Wheelock Ave with lot id: 1301747000 and 3,362 sqft is reducing to 2,281 sqft. and 13 Bird St. with lot id: 1301753000 and 1,444 sqft is increasing to 2,571 sqft. Plans filed in conjunction with ERT1602038 - 13 Bird St.

Case: BOA-1597917 Address: 5-11 Ashmont Park Ward 16 Applicant: Anthony Monahan

Article(s) Art. 65 Sec. 08 Forbidden MFR- Forbidden Art. 65 Sec. 41 Off street parking requirements Insufficient parking- 6 spaces required Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient additional lot area per unit Art. 65 Sec. 9 Residential Dimensional Reg.s Excessive f.a.r. Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient front yard setback Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient side yard setback

Purpose : Erect new 5 unit residential building with two private roof decks and 5 covered parking spaces on vacant lot per plans submitted

Case: BOA-1645854 Address: 251-253 Wood Avenue Ward 18 Applicant: Marguerite Roberts

Article(s) Art. 09 Sec. 02 Nonconforming Use Change >25% forbidden Art. 69 Sec. 8 Forbidden MFR use forbidden

Art. 69 Sec. 09 Dimensional Reg.Insufficient lot width min Art. 69 Sec. 09 Dimensional Reg.Excessive f.a.r.

Art. 69 Sec. 09 Dimensional Reg. Insufficient usable open space Art. 69 Sec. 09 Dimensional Reg. Insufficient side yard Article 69 Section 29 Off Street Parking & Loading Req Insufficient off street parking

Purpose : Combine two parcels under common ownership, 251 253 Wood Ave and 0 Ellard Rd, into a single lot and construct an addition to the existing two family dwelling thereby changing its occupancy to a 4 unit multifamily dwelling, and add three (3) off street parking spaces.

Case: BOA-1586136 Address: 110-114 Business Street Ward 18 Applicant: Donald Rodriquez-CANNABIS

Article(s) Art. 69 Sec. 14 L I Use Reg.:Conditional Cannabis is a conditional use. This application is for the storage & delivery of Cannabis products. Art. 69 Sec. 27 Screening/Buffering Any cannabis establishment shall be sited at least one-half mile or 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. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. THERE IS A BUFFER ZONE CONFLICT WITH ANOTHER CANNABIS ESTABLISHMENT.

Purpose : Change Occupancy for a Cannabis delivery



Case: BOA-1621738 Address: 77-79 Readville Street Ward 18 Applicant: Timothy Burke

Article(s) Article 69, Section 8 Use: Forbidden Professional office Forbidden Art. 69 Sec. 8 Forbidden 3 family Forbidden Art. 69 Sec. 09 Dimensional Reg. Insufficient open space per unit Art. 69 Sec. 29.5 Off St.Prk'g:Design

Art. 69 Sec. 29 Off St.Prk'g/Load'g Insufficient parking Art. 09 Sec. 02 Nonconforming Use Change Change in a nonconforming use > 25% Forbidden

Purpose : Establish occupancy as a three family with accessory office use in former store. Renovate former store for office space. Zoning Board of Appeal approval is required for proposed use.Clarification: Change occupancy from a two family and store to a three family and office use per plans submitted ZBA Required

Case: BOA-1659217 Address: 355 Park Street Ward 17 Applicant: Boston Neighborhood Community Land Trust Inc. MOH

Article(s) Art. 65 Sec. 08 Forbidden MFR use not allowed Art. 65 Sec. 41 Off 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 Number of allowed stories has been exceeded Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient Front yard setback Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient side yard setback Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient rear yard setback

Purpose : CLARIFIED SCOPE OF WORK: MOH CERTIFICATE PROJECT REVIEW (#EO2415): Construct a new three story six unit work force income restricted condo dwelling on a 3,431sf lot (parcel #1701163000) under the Welcome Home II RFP, Passive House certifiable with zero off street parking *(Proposed Restricted Unit Count (60% of

units at 100% AMI or below): 100%)

Case: BOA- 1616380 Address: 36 Leyden Street Ward 1 Applicant: David Gradus

Article(s): Article 53 Section 9 Rear Yard Insufficient Applicant will need to seek relief for rear yard set back

of 23.8'(feet). Existing Non Conforming Article 53 Section 9 Front Yard Insufficient Applicant will need to seek relief for front yard set back of 6.9' (feet). Existing Non Conforming.

Purpose: To subdivide the lot at 36 Leyden St into two lots, Lot 1 to remain 36 Leyden St with a lot area of 2450 SF and Lot 2 to be known as 36A Leyden St with a lot area of 2450 SF; see companion case ERT1585421

Case: BOA- 1616384 Address: 36A Leyden Street Ward 1 Applicant: David Gradus

Article(s): Article 53 Section 8 Use: Forbidden Applicant will need to seek relief for the change of use

from a two family to a three family. Article 53 Section 9 Lot Width Insufficient Applicant will need to seek relief for insufficient lot width of 35' (feet).Article 53 Section 9Lot Frontage Insufficient Applicant will need to seek relief for insufficient Lot Frontage of 35' (feet). Article 53 Section 9 Floor Area Ratio Excessive Applicant will need to seek relief for excessive Floor Area Ratio of 1.79. Article 53 Section 9 Bldg Height Excessive (Stories)Applicant will need to seek relief for excessive story building height of 3 stories. Article 53 Section 9 Front Yard Insufficient Applicant will need to seek relief for insufficient front yard set back of 5' (feet). Article 53 Section 9 Side yard insufficient Applicant will need to seek relief for insufficient side yard set back of 3' (feet). Article 53 Section 9 Rear Yard Insufficient Applicant will need to seek relief for insufficient rear yard set back of 10.2' (feet).

Purpose: Erect a new residential building with 3 units and 2 parking spaces on newly created lot with a total lot area of 2450 SF to be known as 36A Leyden St; see companion subdivision case at 36 Leyden St

Case: BOA-1599485 Address: 309-325 Old Colony Avenue Ward: 7 Applicant: Virtual Fullfillment Center, LLC

Article(s): Art. 06 Sec. 04 Other Protectional Conditions - To petitioner only

Purpose: Remove provisos Takeout granted to this petitioner only under BZC31897, Alt122900 of 2012



Case: BOA-1552298 Address: 27 Dudley Street Ward 9 Applicant: Cameron Merrill

Articles(s): Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29Floor Area Ratio Excessive

Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Lot Area Insufficient Article 50, Section 32 Use: Forbidden

Purpose : Change occupancy from a 6 unit building to a 7 unit building by splitting unit 3 into 2 units making it 7 units

Case: BOA-1603160 Address: 20 Hinckley Street Ward 13 Applicant: Vazberg Properties

Article(s): 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 9 Lot Area Insufficient Article 65, Section 42.2 Conformity w Ex Bldg Alignment Article 65, Section 41 Off Street Parking Regulations

Purpose: Erect a 3 story, single family house, on vacant parcel with front facing decks.

Case: BOA-1553581 Address: 175 Savin Hill Avenue Ward 13 Applicant: Courtney Johnston

Article(s) Article 65, Section 9 Front Yard Insufficient Zoning requires a front yard setback of 15' (feet) The proposed roof deck project will be less than 15'. Article 65, Section 9 Side Yard Insufficient Zoning requires a side yard setback of 10' (feet). The proposed roof deck will be less than 10'.

Purpose : Nominal fee requested to add Roof deck for Unit #3.

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

Article(s) Article 65, Section 41 Off-Street Parking & Loading Req Off-Street Parking Insufficient Article 65, Section 42 Application of Dimensional Req Conformity with Existing Building Alignment Article 65, Section 8 Use Regulations Use : Accessory Parking : Forbidden Article 65, Section 8 Use Regulations Use : Multifamily Dwelling : Forbidden Article 65, Section 8 Use Regulations Use : Townhouse : Forbidden Article 65, Section 9 Dimensional Regulations Lot Width Insufficient Article 65, Section 9 Dimensional Regulations Lot Frontage Insufficient Article 65, Section 9 Dimensional Regulations Floor Area Ratio Excessive Article 65, Section 9 Dimensional Regulations Building Height ( # of Stories ) Excessive Article 65, Section 9 Dimensional Regulations Side Yard Insufficient

Purpose : Demolish existing Two-family building and Single-family building on lot (Raze on a separate permit).

Construct a 3 story attached Five-Unit Townhouse. Building will be fully sprinklered. The lot will have 5 new on-grade Parking spaces. This lot to be known as 40-46B Temple Street.