Zoning Board of Appeal Hearing

Case: BOA- 1144121 Address: 405 Washington Street Ward 17 Applicant: Joseph Feaster, Jr

Case: BOA-1215852 Address: 892 East Broadway Ward 6 Applicant: Derric Small, Esq

Case: BOA-897172 Address: 509 East Fifth Street Ward 6 Applicant: George Morancy, Esq

Case: BOA-919609 Address: 25-37 Frankfort Street Ward 1 Applicant: George Morancy, Esq

Case: BOA-919610 Address: 120 Gove Street Ward 1 Applicant: George Morancy, Esq

Case: BOA-878714 Address: 72 Dresser Street Ward 6 Applicant: Matthew Eckel, Esq

Case: BOA-928836 Address: 28 Monument Square Ward 2 Applicant: Jeff Harris

Case: BOA-835348 Address: 883 Hyde Park Avenue Ward 18 Applicant: EVG Farms, LLC (Sean Berte)

Case: BOA-1132440 Address: 133 Boardman Street Ward 1 Applicant: Derric Small, Esq

Case: BOA-1484677 Address: 109 Rutherford Avenue Ward 2 Applicant: Judith Brennan

Article(s): Article 62, Section 8 Rear yard insufficient. Article 62, Section 8 Usable open space insufficient.

Article 62, Section 8 Bldg Height Excessive (Feet) Roof hatch head house Art. 62 Sec. 29 Off street parking insufficient Off street Parking insufficient Article 62, Section 8 Add'l Lot Area Insufficient Add’l lot insufficient.

Purpose: The proposed structure is a three story, three family residential home. There is one unit on each floor with designated storage space in the basement. Each unit consists of 1,434 sq/ft of living space with two bedrooms and two and a half bathrooms. The primary means of ingress and egress is the front door facing Rutherford Ave. The front door leads to a vestibule with access to the basement and a stairwell servicing all three floors and the roof. On the roof, will be a roof deck with access limited to the third-floor apartment. The roof deck will be accessed by a hatch. Each apartment will have a back deck with a second means of egress via an exterior staircase from the deck.

Case: BOA- 1498769 Address: 38 Allston Street Ward 2 Applicant: Jeremy Stivaletta

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

Purpose: Finishing basement for extension of living space to unit #1, add rear decks and exterior stairs to existing roof deck. ALT1456692.

Case: BOA-1443339 Address: 228-230 Friend Street Ward 3 Applicant: Gray MacLetchie

Article(s): Aft.25 Flood Hazard DistrictNonresidential/Pre-existing Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability Art. 46, Section 9 MFR ZONE

Purpose: Demolish existing 2 story building. Erect a new 7 story building with 6 residential units and 600 sqft commercial on first floor.

Case: BOA- 1478073 Address: 526 East Seventh Street Ward 7 Applicant: Shayne Ferrara

Article(s): Article 68, Section 8 Side Yard Insufficient Art 68 Sec 29 Roof Structure Restrictions - Alteration existing roof profile

Purpose: Install new Roof deck same size and location as prior deck.



Case: BOA-1512482 Address: 244 L Street Ward 7 Applicant: Matthew Brett Homegrown Builders LLC

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel exceeded Art 68 Sec 8 Insufficient rear yard setback Art 68 Sec 8 Location of All Front entrance not facing front lot line located on L street

Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability

Purpose: The construction of a new building containing seven dwelling units with below ground car parking (14) on a 10,970 sqft parcel located at 244 L st, South Boston. There is an existing single-family dwelling to be razed on a separate

demolition permit.

Case: BOA-1404028 Address: 30 Juniper Street Ward 9 Applicant: Social Impact Collective, Inc

Article(s): Article 50, Section 29 Lot Frontage Insufficient Article 50, Section 29Floor Area Ratio Excessive

Article 50, Section 29 Front Yard Insufficient Article 50, Section 43 Off Street Parking & Loading Req

Purpose: Conversion of attic space in existing 2 family home into Extended Living Area (ELA) of owner-occupied Unit 2. ELA front entrance located on 2nd floor of building's common stairwell; rear stair connects directly to Unit 2. ELA to have kitchen/living area, full bathroom, 1 bedroom, 1 office, laundry.

Case: BOA-1446356 Address: 22-24 Albion Street Ward 18 Applicant: Vernon Woodworth

Article: Article 9 Section 1 Extension of Nonconforming Use

Purpose: Amending alt1397494. to install a new 14 by 15 roof deck to existing low roof.

Case: BOA-1416018 Address: 1955-1975 Beacon Street Ward 21 Applicant: HVV Massachusetts, Inc.-CANNABIS

Article(s): Article 51 Section 16 Use Regulations - Cannabis establishment. Provided that 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 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 shall be applicable to the applicant only, otherwise forbidden. Article 51 Section 16 Use Regulations - Cannabis retail use: conditional. Article 51 Section 16 Use Regulations - Cannabis accessory storage basement level. Conditional use

Purpose: Change occupancy from Restaurant with #37 and #36A to a Cannabis Establishment. Also, to renovate.

Case: BOA-1406273 Address: 6 Brooks Street Ward 1 Applicant: Thomas Walsh

Article(s): Art. 32 Sec. 04 GCOD Applicability Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. - Extensions>25% forbidden Article 27T – 5 East Boston IPOD Applicability Art.53 Sec. 08 Use: Forbidden Art. 53 Sec. 56 Off Street Parking - Insufficient parking Article 53 Section 9 Insufficient additiona lot area per unit Article 53 Section 9 Insufficient open space Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 Excessive height Article 53 Section 9 Side yard Article 53 Section 9 Rear yard Article 53, Section 9 Front yard

Purpose: Seeking to change the occupancy from 3 residential units and 1 retail space to 6 residential units and 1 retail space. Also, to renovate the building and erect additions

Case: BOA-1482748 Address: 247 Shawmut Avenue Ward 3 Applicant: Peter Vanderweil

Article(s): Art 64.9.4 Town/Rowhouse extension into rear Art.64 Sec.09 Floor Area Ratio is Excessive

Purpose: Install dormer in rear of top floor unit per submitted design drawings. Hardy plank siding, 2 windows to match adjacent windows, rubber roof on dormer.

Case: BOA- 1513036 Address: 25 Colebrook Street Ward 7 Applicant: James Christopher

Article(s): Article 68, Section 8 Lot Area Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Front Yard Insufficient Article 68, Section 8 Floor Area Ratio Excessive

Purpose: To erect a 3-story addition on top of the existing lower-level basement for an at grade garage and single-family dwelling above as per plans



Case: BOA-1419819 Address: 30 Dimock Street Ward 11 Applicant: The Dimmock Center

Article(s): Article 50 Section 24 Use: Conditional Clinic Conditional Article 9, Section 2 Change in Non-Conforming Use - Existing offices remaining.

Purpose: Change of Use. Change of basement occupancy from Daycare to Clinic (Vaccination Center)

Case: BOA-1291555 Address: 18 Birchcroft Road Ward 18 Applicant: Said Ennaya

Article(s): Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 9 Bldg Height Excessive (Stories) Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Bldg Height Excessive (Feet) Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient Article 69 Section 29 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Tear down an existing single-family house to build a new 2 family house.

Case: BOA-1477573 Address: 28A Ridlon Road Ward 18 Applicant: David Bello

Article(s): Article 69, Section 9 Side Yard Insufficient Article 69 Section 30 Application of Dimensional Req Does not meet dimensional requirements lot was created in April 1894 Article 69, Section 9 Lot Width Insufficient Article 69, Section 9 Lot Frontage Insufficient Article 69, Section 9 Floor Area Ratio Excessive

Purpose: Erect a one family dwelling Create two parking spaces in the rear.

Case: BOA-1483633 Address: 753 American Legion Highway Ward 18 Applicant: James Heffernan

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

Purpose: Install concrete block retaining wall, see attached retaining wall plans & plot plan for reference.

Case: BOA-1502802 Address: 76 Ashford Street Ward 21 Applicant: Rise Construction-ARTICLE 80

Article(s): Article 51, Section 19 Use: Forbidden Multifamily use Article 51, Section 20 FAR Max. allowed: 1 Proposed: 6.23 Article 51, Section 20 Max. building height allowed: 35’ Proposed: 215’ Article 51, Section 20 Min. usable open space: 50x254 units = 12,700 sqft Proposed: 2,790 sqt

Purpose: Erect a 17-story building with approximately 254 housing units, up to 63 off street vehicle parking spaces, and ground floor retail space. Existing structure to be razed under separate permit.

Case: BOA#1475953 Address: 169 Maverick Street Ward 1 Applicant: Trichilo Development, LLC

Purpose: Erect addition, renovate, and change occupancy from three (3) to four (4) residential units with rear and roof decks.

Violation: Violation Description: 9th 780 CMR 1006 Number of Exits and Exit Access Doorwa

Violation Comments:ART.IBC Table 1006.3.2(1) Fourth stories above grade: Not Permitted.

Reason for Prior Deferral: The Board moved to defer.

Case: BOA- 1435105 Address: 5 Swift Terrace Ward 1 Applicant: Marc LaCasse, Esq

Article(s): Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Floor Area Ratio Excessive

Article 53, Section 56 Off Street Parking & Loading Req Article 27T 5East Boston IPOD Applicability - ARTICLE 27T 8

Purpose: Demolish existing structures on separate permit. Construct new 7 unit dwelling with parking for 5 vehicles; 3 private roof decks; basement storage.

Reason for Prior Deferral: This was deferred to allow time for community process and to re-advertise the updated plans



Case: BOA- 1481099 Address: 222 Bowen Street Ward 6 Applicant: Anthony Monahan

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel exceeded Art. 68 Sec. 33 Off Street parking Req. - Maneuvering areas Art 68 Sec 8 Insufficient lot area per unit 1000/unit req. Art 68 Sec 8 Excessive f.a.r 2.0. max. Art 68 Sec 8 Excessive height in sub district 40' max Art 68 Sec 8 Insufficient open space 200sf/unit

Art 68 Sec 8 Insufficient front yard setback 5' minimum (Note side walk narrower than 39") Art. 68 Sec.08 Insufficient front yard setback 5' minimum (Note side walk narrower than 39") Art.68 Sec. 33 Off Street Loading Req. - Insufficient parking unit

Purpose: Erect new 4-unit residential building with 2 full parking spots, per plans * Clarification: Combine Parcel #'s 0600999000 and 0600998000 and Erect a new Four story, 4-unit residential building with two private roof decks and 2 full parking spots per plans on the newly created lot consisting of 2,289sf. *Existing structures to be razed on a separate permit demolition application w/article 85 approval.

Reason for Prior Deferral: This was deferred with a recommendation by the BPDA to allow for them to review the new plans and make changes.

Case: BOA-1391838 Address: 18R Plain Street Ward 16 Applicant: David Higgins

Article(s): Article 65, Section 42.13Two or More Dwellings on Same Lot Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient

Purpose: Erect New Single Family Home: Per Plans.

Reason for Prior Deferral: This was deferred because the first two motions failed. The third motion was to defer which carried.

Case: BOA-1465504 Address: 9 Armory Street Ward 2 Applicant: Kendrick LLC

Article(s): Art. 62 Sec. 08 Insufficient lot width Art. 62 Sec. 08 Insufficient lot width frontage Art. 62 Sec. 08 Insufficient usable open space Art. 62 Sec. 08 Insufficient side yard setback Art. 62 Sec. 30 Insufficient rear yard setback of structure on Shallow lot

Purpose: Erect one family (three story) attached building on existing (1,112sf) vacant lot as per plans filed herewith. Building to be used for one family building after construction. NDOD zoning overlay

Case: BOA-1484079 Address: 46 Montgomery Street Ward 4 Applicant: David Watson

Article: Art. 32 Sec. 32 4 Groundwater Conservation Overlay District, Applicability

Purpose: Change occupancy from two family to single family dwelling, add a roof deck, and renovate per plans. (V458662 will be corrected upon completion of the scope of work.)

Case: BOA#1501802 Address: 46 Montgomery Street Ward 4 Applicant: David Watson

Purpose: Change occupancy from two family to single family dwelling, add a roof deck, and renovate per plans. (V458662 will be corrected upon completion of the scope of work.)

Violation: Violation Description Violation Comments

9th 780 CMR 1011 Stairways1011.12.2 Roof access shall be through a penthouse.

Case: BOA-1480829 Address: 15 Revere Street Ward 5 Applicant: Irving Revere, LLC

Article(s): Art. 23 Sec. 01 Off street parking requirements - Extra parking required: 0.7 spaces/unit Total: 1.4 spaces

Article 13, Section 1 Usable Open Space Insufficient - Extra open spaces required: 150sqft/unit Total: 300 sqft

Purpose: Change Occupancy from "10 Dwelling Units, Laundry & Office" to "12 Dwelling Units".

Case: BOA-1447612 Address: 591 Albany Street Ward 8 Applicant: Rebecca Rutenberg-CANNABIS

Article: Article 64, Section 15 Use: Conditional - Change of Occupancy from Medical Marijuana Treatment Center to Cannabis Establishment for Medical and Adult Use (Recreational).

Purpose: Change of Occupancy from Medical Marijuana Treatment Center to Cannabis Establishment (medical + recreational). No construction proposed.



Case: BOA-1485817 Address: 521 Cambridge Street Ward 21 Applicant: John Walsh-ARTICLE 80

Article(s): Article 51 Section 16 Use Regulations - Units on first floor: Conditional use. Article 51 Section 17 Floor Area Ration Max. allowed: 1 Proposed: 3.65 Article 51 Section 17 Max. height allowed: 35' Proposed: 66' 2" Article 51 Section 17 Min. rear yard required: 20' Proposed: 5’ Art. 51.52 Specific Design Requirements -51.52.1 Street Wall continuity Article 51, Section 56 Off Street Parking Insufficient -Min. parking spaces required: 2spaces/unit. Total required: 66 spaces. Proposed: 0 Article 51, Section 56 Off Street Parking & Loading Req - Loading bays required: 1 Proposed: 0

Purpose: Erect 6 story residential building consisting of 33 apartments. In conjunction with ALT1445173 and ALT1451585 to combine 2 lots into 1.