Zoning Board Of Appeal Hearing

Case: BOA-1341467 Address: 3407-3409 Washington Street Ward 11 Applicant: Matthew J. Kiefer, ESQ

Case: BOA-1371277 Address: 1180 Washington Street Ward 3 Applicant: Jeffrey Drago, ESQ

Case: BOA-1270821 Address: 123 Fisher Avenue Ward 10 Applicant: Richard Giordano & Maggie Cohn

Case: BOA-667111 Address: 151 Liverpool Street Ward 1 Applicant: Anthony L. Leccese

Case: BOA-1542657 Address: 548 East Third Street Ward 6 Applicant: 548 East 3rd Street, LLC by: Michael P. Ross, ESQ

Article(s) Art 68 Sec 29 Roof Structure Restrictions Max allowed height on parcel exceeded Art 68 Sec 8Dim reg app in res sub dist Insufficient lot size Art 68 Sec 8Dim reg app in res sub dist Excessive f.a.r. Art 68 Sec 8Dim reg app in res sub dist Insufficient open space per unit Art 68 Sec 8 Dim reg app in res sub dist Insufficient front yard setback Art 68 Sec 8 Dim reg app in res sub dist Insufficient side yard setback Art 68 Sec 8 Dim reg app in res sub dist Insufficient rear yard setback Article 68, Section 33Off Street Parking & Loading Req Insufficient parking Art. 68 Sec. 33 Off Street parking Req. Design and clear maneuvering areas Art 68 Sec 8 Dim reg app in res sub dist Insufficient additional lot area per unit required

Purpose: Demolish existing structure pursuant to Article 85 and erect a three family building with parking.

Case: BOA-1667121 Address: 106 Webster Street Ward 1 Applicant: James Christopher

Article(s) Art 68 Sec 29 Roof Structure Restrictions Enlarged rooftop coverages from what previously reviewed at appeals hearing, approved by the BPDA and ISD dept which are in conflict with the terms of the ERT permit issued

Art. 07 Sec. 4 Other Protectional Conditions Failure to comply with BOA proviso order to construct project in accordance with previous BPDA DESIGN REVIEWED approved plans: (i.e. Private roof deck conversion to a Common roof deck, Enlarged roof structures (Newly proposed Bathroom and wet bars on rooftop extensions) *Building code review has been deferred at this time. Art. 53 Sec. 09 Dimensional Regulations Additonal F.A.R.

Art. 53 Sec. 09 Dimensional Regulations BPDA approved plans show 40'; New height shown on rudimentary AS-BUILT plans, shows roof decks and increase of roof structure sizes. New height disclosed- 51'-3"

Purpose : The applicant seeks to amend the plan as issued under building permit ERT593075 as per the attached plans.

Case: BOA-1606952 Address: 160-170 State Street Ward 3 Applicant: John Pulgini

Article(s) Art. 45, Section 14 Use: Forbidden restaurant with live entertainment

Purpose : COO to include live entertainment in the existing restaurant use. To reduce the occupancy number for The Black Rose as the second floor is no longer in use. Looking to have two occupancy numbers in the space one for dining with tables one at night when tables are removed.

Case: BOA-1652033 Address: 526 East Third Street Ward 6 Applicant: Timothy Johnson

Article(s) Article 68, Section 8 Lot Area Insufficient Applicant will need to seek relief for Insufficient lot size of 1020 Sq. Ft., Zoning requires a minimum of 2000 Sq. Ft. Article 68, Section 8 Add'l Lot Area Insufficient Applicant will need to seek relief for Insufficient Additional Lot Area for each Additional Dwelling Unit. Zoning requires 1000 Sq. Ft. per unit. Article 68, Section 8 Floor Area Ratio Excessive Applicant will need to seek relief for Excessive Floor Area Ratio of 2.9. Zoning requires 2.0. Article 68, Section 8 Usable Open Space Insufficient Applicant will need to seek relief for Insufficient Open Space per dwelling unit. Zoning requires 200 Sq. Ft. per unit. Article 68, Section 8 Side Yard Insufficient Applicant will need to seek relief for Insufficient Side Yard setback (overhang). Zoning requires 3' (feet) minimum. Article 68, Section 33 Off Street parking Req.Applicant will need to seek relief for the number of Off Street Parking spaces required. Applicant proposes three spaces less than 8.5' and one space is tandem. Zoning requires four spaces. Article 68, Section 8 Front Yard Insufficient Applicant will need to seek relief for the front yard setback . Zoning requires a minimum of 5' (feet). No modal alignment submitted.

Purpose: On vacant lot, erect new 4 story, 3 unit residential building with garage & roof deck as per plans submitted.

Case: BOA-1623815 Address: 440 East Eighth Street Ward 7 Applicant: Douglas Stefanov

Article(s) Article 68, Section 8 Add'l Lot Area Insufficient Applicant will need to seek relief for Insufficient lot area

for the two additional units proposed.

Purpose : Convert 2nd floor storage areas into two residential units for a total of 6 residential units. Install walls, doors, kitchens and baths as per plans. No changes to the exterior of building.



Case: BOA-1629989 Address: 44 Creighton Street Ward 10 Applicant: Xavier A Sepulveda

Article(s) Art. 55 Sec. 09 Dimension Regulations Insufficient additional lot area per unit Art. 55 Sec. 09 Dimension Regulations Insufficient lot width frontage Art. 55 Sec. 09 Dimension Regulations Insufficient Lot width

Art. 55 Sec. 09 Dimension Regulations Insufficient open space per unit Art. 55 Sec. 09 Dimension Regulations Insufficient front yard setback Art. 55 Sec. 09 Dimension Regulations Insufficient side yard set back

Purpose : RENOVATION / EXTENSION OF LIVING SPACE CHANGE OF OCCUPANCY FROM SINGLE FAMILY TO 3 FAMILY DWELLING Clarification: Change Use and Occupancy from a one to a three family dwelling and then fully renovate and extend structure towards the rear, as well as, construct a second and third floor addition per plans submitted.

Case: BOA-1663221 Address: 36 Wildwood Street Ward 14 Applicant: Samuel Ani

Article(s) Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Lot Area Insufficient

Article 60, Section 9 Add'l Lot Area Insufficient Article 60, Section 8 Use: Forbidden Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 37 Off Street Parking Insufficient

Purpose : Change occupancy from three family to four family; convert basement to residential unit

Case: BOA-1496202 Address: 57 Samoset Street Ward 16 Applicant: Tri Nguyen

Article(s) Article 65, Section 41 Off Street Parking & Loading Req Article 65, Section 9 Lot Area Insufficient

Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Side Yard Insufficient

Purpose : Single family and 1 car garage to be erected, include MEP.

Case: BOA-1602037 Address: 1159-1161 Washington Street Ward 17 Applicant: 1159 Washington Street Realty Trust

Article(s) Art.65 Sec.15 Use: Conditional Take out restaurant Conditional Article 65 Section 16Dimensional Regulations Excessive f.a.r. Article 65 Section 16Dimensional Regulations Max allowed height exceeded 40' max

Article 65 Section 16 Dimensional Regulations Insufficient side yard setback abutting a residential subdistrict Art. 65 Sec. 41 Off street parking requirements Insufficient parking Art. 65 Sec. 41 Off St. Loading Req'mnts None proposed

Article 65 Section 16 Dimensional Regulations Insufficient minimal usable open space/unit 50 per unit

required.

Purpose : Demolish exist. single story bldg. and construct a mixed use 4 story bldg. on combined lots (parcels 1704052000, 1704052001). First floor will have a restaurant tenancy, residential entry lobby and 6 enclosed residential parking spaces. The upper 3 floors will have 14 Group 1 dwelling units.

Case: BOA-1662062 Address: 55 Belgrade Avenue Ward 20 Applicant: John Walsh-ARTICLE 80

Article(s) Article 67, Section 11 Use Regulations Multi Family Dwelling (1st Floor) Conditional

Article 67, Section 12 Dimensional Regulations Floor Area Ratio Excessive Article 67, Section 12Dimensional Regulations Building Height (Stories) Excessive Article 67, Section 12 Dimensional Regulations Building Height (Feet) Excessive Article 67, Section 12 Dimensional Regulations Rear Yard Insufficient Article 67, Section 33.1Conformity Ex Bldg Alignment Article 67, Section 32 Off Street Parking Article 67, Section 32Off Street Parking & Loading Req Loading

Purpose : Erect a 4 story, 15 unit, condominium building with below grade parking. Building features rear decks and a common roof deck. See also ALT1596250 & ALT1596253. Raze existing buildings at 55 & 57 Belgrade Ave on separate permits.

Case: BOA-1662701 Address: 55 Belgrade Avenue Ward 20 Applicant: John Walsh-ARTICLE 80

Article(s) 9th 780 CMR 706 Fire Walls706.8 Openings. Each opening through a fire wall shall be protected in accordance with Section 716.5 and shall not exceed 156 square feet (15 m2). The aggregate width of openings at any floor level shall not exceed 25 percent of the length of the wall.[Property line remaining in the middle of the Building

and exceeding fire wall limitations.]

Purpose : Erect a 4 story, 15 unit, condominium building with below grade parking. Building features rear decks and a common roof deck. See also ALT1596250 & ALT1596253. Raze existing buildings at 55 & 57 Belgrade Ave on separate permits.



Case: BOA-1663380 Address: 35 Wellsmere Road Ward 20 Applicant: Scott Gosse

Article(s) Article 67, Section 32 Off-Street Parking Article 67, Section 8 Use: Forbidden Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Lot Width Insufficient Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Bldg Height Excessive (Feet) Article 67, Section 9 Usable Open Space Insufficient Article 67, Section 9 Side Yard Insufficient Article 67, Section 9 Lot Frontage Insufficient

Purpose : Subdive existing lot of 13,200 sf into 3 lots, this lot #1 to contain 4,400 SF. Erect a 3 family dwelling with 6 parking spaces in the rear. This application in conjunction with 37 Wellsmere Rd ERT1603129 and 39 Wellsmere Rd

ALT1603134 Existing rear garage to be demolished

Case: BOA-1663381 Address: 37 Wellsmere Road Ward 20 Applicant: Scott Gosse

Article(s) Article 67, Section 32 Off-Street Parking Article 67, Section 8 Use: Forbidden

Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Lot Width Insufficient Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Bldg Height Excessive (Feet) Article 67, Section 9 Usable Open Space Insufficient Article 67, Section 9 Side Yard Insufficient Article 67, Section 9 Lot Frontage Insufficient

Purpose : Subdive existing lot of 13,200 sf into 3 lots, this lot #2 to contain 4,400 SF. Erect a 3 family dwelling with 6 parking spaces in the rear. This application in conjunction with 35 Wellsmere Rd (ERT1603126) and 39 Wellsmere Rd

ALT1603134 Existing garage to be demolished.

Case: BOA-1663382 Address: 39 Wellsmere Road Ward 20 Applicant: Scott Gosse

Article(s) Article 67, Section 8 Use: Forbidden Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Lot Width Insufficient Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Usable Open Space Insufficient Article 67, Section 9 Bldg Height Excessive (Feet) Article 67, Section 9 Side Yard Insufficient

Article 67, Section 9 Lot Frontage Insufficient

Purpose : Subdive existing lot of 13,200 sf into 3 lots, this lot #3 to contain 4,400 SF. Move existing 2 family approx 10' to left, change occupancy to 3 family and add dormers on both sides add 6 parking spaces in the rear. This application in

conjunction w/ 37 Wellsmere ERT1603129 & 35 Wellsmere ERT1603126

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

Article(s): Art.53 Sec. 08 Use: Forbidden MFR Forbidden Art.53 Sec. 08 Use: Forbidden Basement 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-1599326 Address: 46 High Street Ward 2 Applicant: 46 High Street Residences LLC

Article(s) Art. 09 Sec. 02 Nonconforming Use Change Article 62, Section 25 Roof Structure Restrictions

Article 62, Section 29 Off-Street Loading Insufficient Article 62, Section 7 Use: Forbidden Multi-Family Dwelling – Forbidden Article 62, Section 8 Bldg Height Excessive (Stories) Article 62, Section 8 Bldg Height Excessive (Feet) Article 62, Section 8 Usable Open Space Insufficient

Purpose : Change occupancy from 5 residential units to 8 residential units by constructing a 4 Story addition in the rear with on site parking. Building proposed to feature 4 stories with decks (at roof/floors), new elevator, and upgrades to life

safety.



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- 1650690 Address: 165 D Street Ward 6 Applicant: James Christopher

Article(s): Art. 68 Sec. 35 Nonconformity as to Dim Reqs. Front yard is required to have 5' (feet). Existing &

proposed will be 8" (inches). Rear Yard is required to have 20' (feet). Existing & proposed will be 7' 9".

Side yard is required to have 3' (feet). Left Existing & proposed will be 1' 10". Right Existing & proposed will

be 1' 3".Art. 68 Sec. 33 Off Street parking Req.Applicant will need to seek relief for Off Street parking requirements. Zoning requires at least three parking spaces, submitted plans do not show parking.Art. 68 Sec.31 Screening and Buffering Applicant will need to seek relief from Screening & Buffering of Parking, Loading and Storage Areas.

Submitted plans to not show screening and buffering requirements.

Purpose: The applicant seeks to construct a 2-story addition and change occupancy from retail to Retail and two residential units.

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- 1591933 Address: 36 Akron Street Ward 12 Applicant: 32-36 Akron Street, LLC

Article(s): Art. 50 Sec. 29 Insufficient lot area per dwelling unit (8,000sf additional required)

Art. 50 Sec. 29 Excessive f.a.r- .8 max Art. 50 Sec. 29 Number of allowed stories exceeded- 3 stories max.Art. 50 Sec. 29 Insufficient open space- 650sf/unit required Art. 50 Sec. 29 Insufficient front yard setback- 20' required Art. 50 Sec. 29 Insufficient side yard setback -10' required Art. 50 Sec. 29 Height exceeded -35' max Art. 50 Sec. 44 Traffic visibility across a corner lot Article 50, Section 43 Off-Street Parking & Loading Req Insufficient parking

Article 50 Section 28 Use Regulations MFR 10 units - Forbidden

Purpose :3.27.24 Updated scope of work for clarification: Demolition of existing vacant/abandoned house, then combine the two lots owned in common into one lot and construct a new 10-unit residential multi-family building per plans submitted. Nominal Fee Letter. Demolition of building to be applied for and secured on a SF demolition permit. Redacted scope: Demolition of existing vacant/abandoned house. Proposed erection of new residential multi-family building housing 10 units. Nominal Fee Letter. * Demolition of building to be applied for and secured on a SF demolition permit.

Case: BOA-1643116 Address: 13 Winship Street Ward 22 Applicant: Bonnie Tan

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

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

Purpose: This project is the existing 2 story 2 family residential building convert to the 3 story 2 family residential building with a 3 story rear addition and deck. The scope of work includes renovating existing building.

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.