Zoning Board Of Appeal Hearing

September 10, 2024

Case: BOA-1035621 Address: 3 Robinson Street Ward 15 Applicant: Joao Gomes

Case: BOA- 609358Address: 6-8 Parsons Street Ward 22 Applicant: Marc LaCasse, ESQ

Case: BOA- 609355 Address: 10 Parsons Street Ward 22 Applicant: Marc LaCasse, ESQ

Case: BOA- 898191 Address: 40 Mount Hood Road Ward 21 Applicant: Johanna Schneider

Case: BOA- 931560 Address: 149 Salem Street Ward 3 Applicant: Michael Dello Russo

Case: BOA- 948370 Address: 768-772 Tremont Street Ward 9 Applicant: Husam Al-Khateeb

Case: BOA- 948352 Address: 11 Heron Street Ward 20 Applicant: George Morancy, ESQ

Case: BOA- 948354 Address: 26 Heron Street Ward 20 Applicant: George Morancy, ESQ

Case: BOA- 1049883 Address: 850-852 Summer Street Ward 6 Applicant: John Gorman

Case: BOA- 1066449 Address: 6 Glover Court Ward 7 Applicant: Kevin Chiles

Case: BOA-1240760 Address: 46 Everett Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA#1240917 Address: 46 Everett Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA-1240765 Address: 48 Everett Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA#1240920 Address: 48 Everett Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA-1289438 Address: 211 West Third Street Ward 6 Applicant: Douglas Stefano, AIA, NCARB

Case: BOA- 1287036 Address: 1767 Washington Street Ward 9 Applicant: Marc LaCasse, ESQ

Case: BOA- 1629400 Address: 1-3 Center Plaza Ward: 3 Applicant: Meixiang Kass

Article(s): Art 45 Sec.14 Use: Conditional

Purpose: Meixiang Kass the owner of Pretty Chic is a tenant (suite 33) located at 3 Center Plaza, Boston, MA 02108 in Sola Salon. Meixiang Kass the owner and tenant (suite 33) is applying for Permit to add Body Art. She is applying to the Board of Health for her permit. Work performed under ALT1497937 issued 8/14/23.

Case: BOA-1606999 Address: 141 West Canton Street Ward: 4 Applicant: Peter Bemis

Article(s): Art. 64 Sec. 09 Town House/Row House Extensions into Rear Yard - 4.Town House/Row House Extensions into Rear Yard. Notwithstanding any contrary provision of this Article or Code, any Proposed Project that otherwise meets the applicable use and dimensional requirements of this Article shall be conditional if such Proposed Project involves the extension of a Town House or Row House into a rear yard, where such extension: (b) involves the addition of a porch or balcony, other than a roof deck, above the first story.

Purpose: Extension of existing steel and glass deck. Remove existing galvanized steel rails for installation of 4.5 ft. x 13.5 ft. steel and glass deck extension with new rails and balustrade. Provide new footings and sonotube piers for deck support. Repair underground recharge system and reset bluestone pavers as required. Install new 6ft. privacy fence with integrated storage cabinets and relocated grill. Replace in kind existing rotted wood stair and lower storage.

Case: BOA- 1616914 Address: 51 Wyman Street Ward: 10 Applicant: Adam Ricci

Article(s): Art. 55 Sec. 09 Maximum Floor Area Ratio exceeded 0.87 proposed; 0.6 max allowed

Purpose : New bathroom and partition walls in basement for new home office. Extending living space into the basement.

Case: BOA-1603914 Address: 990-996 Dorchester Avenue Ward: 13 Applicant: Kevin Gonzalez

Article(s): Art.06 Sec.04 Conditional

Purpose: Remove proviso and grant to this petitioner only under Alt1306115, BOA1314013 (No Work)



Case: BOA- 1585024 Address: 14 Hancock Street Ward: 13 Applicant: Ayaz Shah

Article(s):Art. 06 Sec. 04 Other Protectional Conditions - Removal of previous BOA proviso order "to petitioner only" requested

Purpose: Remove proviso (No Work)

Case: BOA- 1600852 Address: 10 Brewer Street Ward: 19 Applicant: Steven Cohen

Article(s): Article 55, Section 40 Off Street Parking & Loading Req - Proposed parking in required front yard

Purpose: Curb cut and one off street accessory residential parking space.

Case: BOA- 1614441 Address: 66 Farquhar Street Ward: 20 Applicant: John Pulgini

Article(s): Article 67, Section 9 Floor Area Ratio Excessive - Applicant will need to seek relief for the proposed FAR of .75 Article 67, Section 9 Bldg Height Excessive (Stories) - Applicant will need to seek relief for three stories (existing non conforming). Article 67, Section 9 Front Yard Insufficient - Applicant will need to seek relief for Front yard setback of 17.9' (existing non conforming).Article 67, Section 9 Side Yard Insufficient - Applicant will need to seek relief for the Right side yard setback of 4.23' (Existing non conforming) Article 67, Section 32 Off Street Parking - Applicant will need to seek relief for TWO off street parking spaces.

Purpose: Construct a three story rear addition to the existing dwelling on the property, construct third floor dormers and second floor porch, and change occupancy from single family to two family

Case: BOA- 1585854 Address: 80 Spring Park Avenue Ward 19 Applicant: Michael Welsh

Article(s): Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive

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

Article 55, Section 9 Front Yard Insufficient Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Rear Yard Insufficient Article 55, Section 9 Usable Open Space Insufficient Article 55 Sect 40Off Street Parking & Loading Req Off street parking is only provided for unit 3. 2 additional spaces are required.

Purpose: New construction of four story three family dwelling on vacant lot. New building to have two garage parking spaces, sprinklers, and an elevator exclusively for the triplex unit on floors two through four.

Case: BOA- 1627266 Address: 103-105 Neponset Avenue Ward 18 Applicant: James McCabe

Article(s): Art. 67 Sec. 09 Side Yard Insufficient

Purpose: Erect new two level rear porch to existing house.

Case: BOA- 1530242 Address: 69 Thetford Avenue Ward 17 Applicant: Urban Determination/ Vernon Woodworth

Article(s): Article 65, Section 8 Use RegulationsThree Family is forbidden in a 2F 5000 Sub district Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Side Yard Insufficient Article 65 Section 41Off Street Parking and Loading Off street parking is insufficient

Purpose: Change occupancy from 2 family to 3 family. Convert third floor into a dwelling unit. Install NFPA 13D sprinkler system third floor only. Rebuild existing front stair to second floor and extend to third for second means of egress.

Case: BOA- 1636369 Address: 608 Gallivan Boulevard Ward 16 Applicant: James Christopher

Article(s): Art. 65 Sec. 08 Forbidden Multifamily use Article 65, Section 9 Floor Area Ratio ExcessiveMax. allowed: 0.5 Proposed: 0.69 Article 65, Section 9 Bldg Height Excessive (Stories) Max. allowed: 2.5 Proposed: 3 Article 65, Section 9 Side Yard Insufficient Min. required: 10’ Proposed: 8.2' Art. 65 Sec. 02Conformity with Existing Building Alignment Street modal calculation not provided to verify its compliance. Article 65, Section 42Application of Dimensional Req 65.42.6 Left Side wall of building not parallel to side lot line.

Purpose: The owner seeks to raze the existing 2 family structure, and erect a new 3 story, 12 unit residential building with 20 below grade parking spaces on the existing 20,000 SF lot as per the attached plans.



Case: BOA-1452431 Address: 12 Trull Street Ward 15 Applicant: Cesar DaSilva

Article(s): Art.65 Sec. 8 Use: Forbidden MFR in 3F Article 65, Section 8.2 Use Regulations: Basement Units Basement unit – Forbidden Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9.2 Dim Regs: Location of Main Entrance Basement unit

Purpose: Change of occupancy from 2 family to 4 family dwelling. Scope include new side exterior egress stair, new fire alarm/sprinkler system, unit separation, and relocation of the utility meters.

Case: BOA- 1556446 Address: 2080 Washington Street Ward 8 Applicant: Jonathan Smalls

Article(s): Art. 50, Section 24 Use: ConditionalProposed project will use building for Cultural Use more

specifically for Dance Studios, which is a Conditional. Art. 50 Sec. 37 Boulevard Planning DistrictThe proposed project is subject to Boulevard Planning District Review.(Design Review) Art. 50, Section 25 Dimensional Regulations The proposed project will exceed the 20' a rear yard setback.

Purpose: Change occupancy to Cultural use as dance studio, renovate existing building, add 2 floors (was formally 2 story) on top of existing foundation. Building to be used as a dance studio.

Case: BOA- 1615346 Address: 374 East Eighth Street Ward 7 Applicant: Braden Abrams Reid

Article(s): 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 ExcessiveYou need relief from the BOA for the said violations

Purpose: Amendment to ALT1555165. Build garage attached to back of existing house and additional story on existing house per architectural plans

Case: BOA- 1628161 Address: 850-852 Summer Street Ward 6 Applicant: Krysta-Lyn Martinelli

Article(s): Art. 09 Sec. 02 Nonconforming Use Change <25% -Conditional Art. 68 Sec. 07 Use Regs. -Use Conditional

Purpose: Previous scope: lease 850 Summer Street, unit #202 on the second floor for a wellness studio space.

Clarification of scope of work: Change occupancy of what is known to be suite #206 (aka#5) from office use to a

professional office (Yoga fitness studio) No work to be performed beyond level 1 cosmetic work

Case: BOA- 1613836 Address: 1 Laurel Street Ward 2 Applicant: Margaret Tannoury

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use Article 62, Section 8Floor Area Ratio Excessive

Purpose: Excavate and lower slab height of existing finished basement to increase ceiling height. Change ½ bath in the basement to full bath. Replace existing bulkhead walls and steel door with new concrete bulkhead walls and glass door.

*Single Family #ALT633782/2016

Case: BOA- 1565654 Address: 156-164 Bunker Hill Street Ward 2 Applicant: John Carey, ESQ

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

Article 62, Section 8 Bldg Height Excessive (Feet) Article 62, Section 8 Usable Open Space Insufficient

Article 62, Section 29 Off Street Parking Insufficient

Purpose: Erect new three story addition containing four dwelling units above existing one story building containing a restaurant and convenience store.

Case: BOA- 1633229 Address: 609-611 Bennington Street Ward 1 Applicant: Brooke Charter School

Article(s): ARTICLE 53; SECTION 53 5Dimensional Regulations (Table F)EBR 4 Insufficient rear yard setback

Art. 53 Sec. 56 Off Street Parking Insufficient parking

Purpose: Change occupancy from a two (2) family dwelling (See 336/1915) to Educational Use. Interior renovations only. Clarification: Change occupancy from a two family to an Educational USE detached dwelling as an extension of the (Brooke Charter School) and renovate structures 1st floor for classroom use (28 students) and second floor for school administrative office use and incidental kitchen. Renovations shall include a newly proposed handicap ramp in rear to create a clear pathway to the existing school located on the 96 Horace street lot



Case: BOA- 1575584 Address: 81 Lexington Street Ward 1 Applicant: James Christopher

Article(s): Art.53 Sec. 08 Use: ForbiddenMFR Forbidden Art.53 Sec. 08 Use: ForbiddenBasement units Forbidden

Art.53 Sec. 08 Use: Forbidden Local Retail Forbidden Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 57.2Conformity Ex Bldg Alignment

Art. 53, Section 56 Off Street Parking Insufficient

Purpose: Erect a 3 story mixed used building on newly created lot; 3,706sqft. Building consisting of 1 Local Retail space at grade and 8 residential units. Scope includes basement units, balconies, and common roof deck. See ALT1553019 for subdivision. Demolition of existing building on separate permit

Case: BOA- 1637997 Address: 55 Chelsea Street Ward 1 Applicant: Paola Alzate

Article(s): Art. 53, Section 8 Use: ForbiddenGeneral Retail Forbidden Art. 53, Section 8 Use: ForbiddenMulti Family Dwelling Forbidden Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9Lot Area Insufficient Art. 53 Sec. 09.3 Location of Main Entrance Article 53, Section 52 Roof Structure Restrictions Art. 53, Section 56 Off Street Parking Insufficient Art. 25 Sec. 5 Flood Hazard Districts

Purpose: Change of occupancy to Two General Retail (core/shell) and Five Residential units. Scope of work to include additions on levels 2 and 3 with complete rehab/reconfiguration of existing building including upgrades to life safety (FA/FP).

Case: BOA-1600988 Address: 2193-2201 Commonwealth Avenue Ward 22 Applicant: Mr. G’s Corner, LLC

Article(s): Aft. 51 Sec. 16 Forbidden Use

Purpose: Change of use and occupancy to add a new proposed local liquor store with retail market use at the Premises in place of existing commercial use.

Case: BOA- 1521952 Address: 259R-259RF Market Street Ward 22 Applicant: Penny Investments, LLC

Article(s): Article 51 Section 9.4 Dim Reg: Location of Main Entrance Article 51, Section 57.13 Two or More Dwellings on Same Lot Dwelling at rear of another Dwelling Article 51, Section 8 Use: Forbidden Three family - Forbidden Article 51, Section 8 Use: Forbidden Townhouses – Forbidden Article 51, Section 9 Lot Frontage Insufficient Article 51, Section 9 Bldg Height Excessive (Stories)

Purpose: Erect (3) new 3 story townhomes in a newly created rear lot (Lot B, 10,845 sq. ft.) behind the existing two family dwelling, which will remain on the street facing lot. Each townhome features garaged parking for two cars and top story decks. See ALT1484754 & ALT1515523 for subdivision applications.

Case: BOA-1521950 Address: 257 Market Street Ward 22 Applicant: Penny Investments, LLC

Article(s): Article 51, Section 9 Rear Yard Insufficient Article 51, Section 56 Off Street Parking Insufficient

Article 9, Section 2 Change in Non Conforming Use Decrease in lot size to existing Non conforming use.

Purpose: Filed with ERT1480650, the intent is to subdivide the lot, retain the existing two family on the lot designated as 257 Market St, and build a new multifamily building on the new rear lot. Subdivision of Parcel 2202571000 to create two new parcels; Lot A 5,857sqft & Lot B 10,845sqft.

Case:BOA-1353108 Address: 6 Dana Avenue Ward 18 Applicant: Luis Matute

Article(s): Article 69, Section 8 Use: Forbidden - Basement units Art. 69 Sec. 29.5 Off St.Prk'g:Design - Parking space dimensions. Article 69 Section 29 Off Street Parking & Loading Req - Proposing to legalize 8 existing parking spaces. Required for "new" basement unit: 2 more spaces. Article 69 Section 12 Exceeding allowed FAR extending living space for the "new" unit into the basement. Art. 10 Sec. 01 Limitation of parking areas - Parking spaces (P1, P6, P7 and P8) are located on the front yard (Pingree Street)

Purpose: Applying for change of use and occupancy, existing unit No. 07/no work. Unit 7 was never finished legally on paper construction was completed, previous owner passed away during the process. Confirmed occupancy as a 6 residential units and commercial office space (commercial unit is one at issue) change to 7 residential units according to drawings and specifications. Legalize 8 existing parking spaces.



Case: BOA-1587883 Address: 40 Elmont Street Ward 14 Applicant: Carlos Ferreira

Article(s): Article 65, Section 9 Rear Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Usable Open Space Insufficient Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive

Purpose: Plans amends ERT1353260, changing empty spaces in basement into a bedroom bath and closet. Exterior will be changed from wood to light gauge cold form

Case: BOA-1625940 Address: 400-408 West Broadway Ward 6 Applicant: George Morancy, ESQ-ARTICLE 80

Article(s): Art. 68 Sec. 07 Use Regs. Sit down Restaurant USE -Conditional

Article 68, Section 33 Off-Street Parking & Loading Req Insufficient parking

Purpose: Change of Occupancy from 36 Residential units, 36 parking spaces, and 1 retail store see ERT884395 to 36 Residential Units, 36 Parking spaces, and RESTAURANT which is a conditional use.

Case: BOA- 1615937 Address: 297 Newbury Street Ward 5 Applicant: Ember Gardens Boston LLC/ Shane Hyde-CANNABIS

Article(s): Art. 08 Sec. 07 Use: Forbidden *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 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 Art. 08 Sec.07 Use: Conditional

Purpose: Change Occupancy from Retail to cannabis dispensary. Renovation of interior space to fit out as retail space (cannabis dispensary). Some interior non bearing walls will be removed and new walls constructed.

Case: BOA-1607841 Address: 200 State Street Ward 3 Applicant: Commodore Builders

Article(s): Art. 45, Section 1Use: ForbiddenMuseum use (not in ground level)

Purpose: Change of Occupancy to include museum use. The scope of work for this project includes an interior fit out for the Museum of Illusion. The scope of work for this project includes new walls, bathroom, flooring, architectural finishes and MEP work to accommodate the space.

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

Case: BOA-1602742 Address: 123-125 Broad Street Ward 3 Applicant: 125 Broad Street LLC

Article(s):Art. 32 Sec. 04 GCOD Applicability - Commissioner's Bulletin 2015 02 Substantial Rehabilitate

Purpose: The petitioner seeks a determination that the Inspectional Services Department erred in issuing a refusal letter citing Art 32 Sec 04 GCOD Applicability.