Zoning Board Of Appeal Hearing

Case: BOA-1423055 Address: 572-574 Columbia Road Ward 13 Applicant: Briana Kan

Case: BZC-29846 Address: 1954 Commonwealth Ave Ward 21 Applicant: Paul Alan

Case: BOA- 11398531 Address: 30 Leo M Birmingham Ward 22 Applicant: Paul Alan

Case: BOA- 1280543 Address: 190-192 Dudley Street Ward 8 Applicant: Michael P. Ross, ESQ

Case: BOA- 1299109 Address: 252 Shawmut Avenue Ward 3 Applicant: Jeffrey Drago, ESQ

Case: BOA- 824430 Address: 127 Amory Street Ward 11 Applicant: Andy Waxman

Case: BOA- 1102209 Address: 99-105 Fairmount Avenue Ward 18 Applicant: John Pulgini, ESQ

Case: BOA-1659172 Address: 85-93 Glenville Avenue Ward 21 Applicant: George Morancy, ESQ

Article(s) Art. 09 Sec. 02 Nonconforming Use Change > 25%- Forbidden Art. 51 Sec. 08 Use Regulations MFR USE (14 units) in a two-family subdistrict Forbidden Art. 51 Sec. 09 Insufficient lot size

Art. 51 Sec. 09 Excessive f.a.r. Art. 51 Sec. 09 Max allowed number of stories exceeded Art. 51 Sec. 09 Max allowed height exceeded Art. 51 Sec. 09 Insufficient front yard setback Art. 51 Sec. 09 Insufficient Side yard setback Art. 51 Sec. 09 Insufficient rear yard setback Article 51, Section 56 Off-Street Loading Insufficient Article 51, Section 56 Off-Street Parking Insufficient

Purpose: Proposed 4-story residential addition above existing. 14 residential units plus ground level bar/restaurant

Case: BOA-1653968 Address: 115 Belgrade Avenue Ward 20 Applicant: Rui Guo

Article(s) Art. 67 Sec. 08 Use Regulations Applicable in Residential Sub Districts Multifamily use

Article 67, Section 33.1 Conformity Ex Bldg Alignment Street modal calculation not provided to verify its

compliance. Article 67, Section 32 Off Street Parking Spaces required: 8 Proposed: 4 Article 67, Section 9 Lot Area Insufficient Min. required: 8,000 sqft Proposed: 4,400 sqft Article 67, Section 9 Lot Width InsufficientMin. required: 45' Proposed: 44' Article 67, Section 9 Lot Frontage Insufficient Min. required: 45' Proposed: 44' Article 67, Section 9 Floor Area Ratio Excessive Max. required: 0.8 Proposed: 1.34 Article 67, Section 9 Bldg Height Excessive (Stories) Max. allowed: 3 Proposed: 4 Article 67, Section 9Bldg Height Excessive (Feet)Max. allowed: 35' Proposed: 43' 10"

Art. 67 Sec. 09 Open Space insufficientMin. required: 3,200 sqft Proposed: 380 sqft Article 67, Section 9 Front Yard Insufficient Min. required: 20’ Proposed: 1' Art. 67 Sec. 09 Side Yard InsufficientMin. required: 10’ Proposed: 4' (R)

Purpose: Construct a new 4 family, 4 story building. building will be fully sprinklered and have no elevator. Demolition of existing structure under SF#



Case: BOA-1631614 Address: 679 Cummins Highway Ward 18 Applicant: Mr. Jose Valdez

Article(s): Article 60 Section 60-4 Dim. Regs Applicable in Residential Subdistricts (Table D) Building lot allowed coverage exceeded- 40% max Article 60 Section 60-4 Dim. Regs Applicable in Residential Subdistricts (Table D) Permeable Area pf Lot minimum insufficient- 25% reg. Article 60 Section 60-4 Dim. Regs Applicable in Residential Subdistricts (Table D) Insufficient side yard setabacks -3' min ,14’ cumulative Article 60 Section 60-4 Dim. Regs Applicable in Residential Subdistricts (Table D) Insufficient rear yard setback -20' min req. Article 60, Section 60-32 Off-Street Parking and Loading Requirements Insufficient Parking -.75 spaces/ unit required Article 60, Section 60-32 Off-Street Parking and Loading Requirements LOCATION (4) No parking allowed in a required front yard unless if it also a side yard to where frontage taken by the parking space does not be

Purpose: Subdivision of existing parcel and create w/ new parcel to have address of 679 Cummins Hwy. This application is for the Erection of new 3 family home with 2 off street parking spaces & new curb cut, basement storage and utilities. 3 bedrooms, 2 bathrooms per unit. Common interior and exterior stairs. Solar ready. *ASSIGNED TO FD 12.28.23 NOTE: OPEN BUILDING CODE REVIEW UNDER THE DIRECTION OF IT MANAGER (Application filed in conjunction with 677 Cummins HWY ALT1564037 for subdivision yet to be processed and assigned by Admin for review) **ALT1564037 issued by DB.

Case: BOA- 1561858 Address: 17 Wichita Terrace Ward 17 Applicant: William Callahan

Article(s): Art.65 Sec. 8 Use: Forbidden Multi Family Dwelling Forbidden 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 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Art. 65 Sec. 65 41.5 Parking Size & Maneuverability Size

Purpose: Erect a 4 story Multi Family Dwelling with 7 units and garaged parking on newly created lot. Building features balconies and roof decks. See ALT1637085 for combination of lots. Raze existing 2 family dwelling under separate permit.

Case: BOA-1658038 Address:28 Supple Road Ward 14 Applicant: Servulo Depina Goncalves

Article(s) Article 50, Section 43 Off-Street Parking & Loading Req Insufficient parking Article 50 Section 28 Use Regulations Three family dwelling- Conditional Article 50 Section 29 Dimensional Regulations

Purpose: Change use from 2 family to three family by finishing the basement for new residential unit. no changes to footprint. New well on side to access the partially below grade new unit *Application assigned to FD by PW 6.13.24

Case: BOA-1677707 Address: 639-643H Warren Street Ward 12 Applicant: 639 Warren Street LLC

Article(s) Art. 50, Section 19 Use: Conditional Multi Family Dwelling (Bsmt. & First Story) Conditional

Article 50 Section 20 Dimensional Business DistFloor Area Ratio Excessive Article 50 Section 20Dimensional Business Dist Building Height Excessive Article 50 Section 20Dimensional Business Dist Rear Yard Insufficient

Purpose: Combine parcels 1202543000 & 1202537000 to erect a 6 story Mixed Use Building with 2 Ground Floor Retail (core/shell) and Multi Family dwelling with 63 units. Affordable housing and commercial building containing 63 units of housing and 2000sf of ground floor retail commercial space, and off street parking spaces. Building feature amenity spaces and bike room.



Case: BOA-1644639 Address: 71A Williams Street Ward 14 Applicant: Chole Manning Choo & Company

Article(s): Art. 55, Section 8 Use: Forbidden Multifamily Dwelling Forbidden Art. 55, Section 8Use: Forbidden Basement unit Forbidden Article 55, Section 9 Usable Open Space Insufficient Article 55, Section 9 Rear Yard Insufficient Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Lot Area Insufficient Article 55, Section 9.3Dim Reg: Location of Main Entrance Basement unit side entrance Article 55, Section 40.5a Parking Maneuverability

Art. 55, Section 40 Off Street Parking Insufficient Article 55, Section 41.1 Conformity Ex Bldg Alignment

Art. 10 Sec. 01 Limitation of off street parking areasParking less than 5 feet from side lot line

Purpose: Proposed new 3 story, 4 family residence, with front & rear decks and parking at the rear of property; as per plans. Parking accessed through proposed easement with 69 Williams Street.

Case: BOA- 1657430 Address: 450-454 Amory Street Ward 11 Applicant: Chris DeSisto

Article(s) Art. 55, Section 19 Use: Forbidden Multifamily Article 55 Section 20Dimensional Regulations in LI Max. FAR allowed: 1 Proposed: 2.33 Article 55 Section 20 Dimensional Regulations in LIMax. building height allowed: 35' Proposed: 52' 6" Article 55 Section 20 Dimensional Regulations in LIMin. rear yard required: 20' Proposed: 5.9' Article 55, Section 41.1 Conformity Ex Bldg AlignmentStreet modal not provided to verify compliance on Amory St.

Art. 55 Sec. 41 Dimensional Application55.41.2 Traffic visibility across corner. Art. 55 Sec. 41Dimensional Application 55.41.3 Front wall on Amory St. is not parallel to front lot line. Art. 55, Section 40 Off Street Parking Insufficient Spaces required for Retail use: 4 Spaces required for Residential use: 21 Total propose: 14 Art. 55, Section 40 Off Street Loading Insufficient 1 required, none proposed.

Purpose: Construct 22 > reduced to 14 residences above 2 commercial spaces and 10 > increased to 14 garage parking spaces on a vacant lot.

Case: BOA- 1642917 Address: 67 Harvest Street Ward 7 Applicant: Matthew Johannesen

Article(s): Art.65 Sec. 8 Use: Forbidden Multifamily Dwelling Forbidden Article 65, Section 9Rear Yard Insufficient

Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Usable Open Space Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Add'l Lot Area Insufficient Art. 65 Sec. 65 41.5Parking Size & Maneuverability Art. 65 Sec. 41 Off street parking requirements Article 65, Section 42.2Conformity w Ex Bldg Alignment Article 65, Section 42.13Two or More Dwellings on Same Lot

Purpose: Erect a new 3 story, six unit, building on the parcel which has an existing three family building, as per plans. Remove the two existing garages under separate permits. See ALT1624927 for Two Dwellings on the Same lot.

Case: BOA#1642935 Address: 67 Harvest Street Ward 7 Applicant: Matthew Johannesen

Article(s): 521 CMR 28.12 Wheelchair Lifts/Limited Use Elevator521 CMR 28.12.1 General: Vertical wheelchair lift

devices and Limited use elevators may be used as a part of an accessible route of travel in lieu of an elevator under any of the following circumstances. e. To provide vertical access where the distance between floors is less than a full story and where a ramp is not feasible. [Lift traveling more than a full story proposed]

Purpose: Erect a new 3 story, six unit, building on the parcel which has an existing three family building, as per plans. Remove the two existing garages under separate permits. See ALT1624927 for Two Dwellings on the Same lot.

Case: BOA- 1652922 Address: 663 Columbia Road Ward 7 Applicant: Eleni Kaplan

Article(s) Article 65, Section 9 Front Yard Insufficient Applicant will need to seek relief for the approved

areaway in the front yard setback. Article 65, Section 9 Floor Area Ratio ExcessiveApplicant will need to seek relief for excessive floor area ratio of 1.38. Art. 55 Sec. 65 41Off Street parking insufficientApplicant will need to seek relief for off street parking for three units.

Purpose: Complete interior gut, new plumbing, electrical, HVAC, sprinklers. Structural, new partition walls, basement window wells, decks, all new windows / closing some windows. Legalization of Extension of living space into the basement for Unit #1.



Case: BOA- 1662174 Address: 641 East Eighth Street Ward 7 Applicant: Kevin Donovan

Article(s) Article 68, Section 8 Bldg Height Excessive (Feet)Applicant will need to seek relief for proposed building

height of 44' 1 1/2" Art 68 Sec 29 Roof Structure RestrictionsApplicant will need to seek relief for Roof Restrictions

Purpose: Looking to create an addition to the existing roof structure. Today, there is a roof deck and Head House. The permit is to add a living space of around 650sq feet with outdoor deck space for Unit #302.

Case: BOA-1649371 Address: 105 North Washington Ward 3 Applicant: Adimir Toska

Article(s): Art. 54 Section 12 Use: Conditional3 family Article 54 Section 13 Dimensional RegulationsOpen space required for new unit: 50 sqft Article 54, Section 21Off Street Parking & Loading Req1 parking space required for the new unit.

Purpose: proposed change of occupancy (from 3 offices and 2 apartments to only residential use 3 units) and interior renovation in unit 1 and unit 2 on the basement, 1st and 2nd floor.

Case: BOA- 1595729 Address: 60 South Street Ward 3 Applicant: David Linhart

Article(s): Article 44, Section 6 Roof Additions in Leather Dist

Purpose: Change of use from office to office and research laboratory. Base building renovation to include six floors conversion to office and research lab and mechanical equipment on roof to support lab use. Zoning relief required.

Case: BOA-1578094 Address: 218 Bremen Street Ward 1 Applicant: Mohamad Hayek

Article(s): Art. 25 Sec. 5 Flood Hazard Districts Article 32, Section 4.GCOD, Applicability Art. 53, Section 8 Use: Forbidden MFR Forbidden Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9Side Yard Insufficient

Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Usable Open Space 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 9 Add'l Lot Area Insufficient Article 53, Section 52Roof Structure Restrictions

Art. 53, Section 56 Off Street Parking Insufficient

Purpose: Change of occupancy to 4 unit dwelling. Scope involves rear and vertical additions to create a 4 story building and add a 4th floor apartment with rear decks and front facing balcony at 4th story. New foundation is also included with upgrades to life safety (FA/FP).

Case: BOA- 1653396 Address: 302 Summit Avenue Ward 21 Applicant: 302 Summit LLC

Article(s): Article 51, Section 8 Use: Forbidden The applicant will need to seek relief for the change in use from a Three family to a Four family. The Four family is forbidden. Article 51, Section 9 Add'l Lot Area Insufficient The applicant will need to seek relief for the insufficient lot area per dwelling unit .Article 51, Section 9 Floor Area Ratio Excessive The applicant will need to seek relief for an excessive Floor Area Ratio (F.A.R.) of 1.39. Zoning requires .08. Article 51, Section 9 Bldg Height Excessive (Stories) The applicant will need to seek relief for excessive story height of 4 (four) stories. Zoning requires 3 (three) stories as the maximum.

Article 51, Section 9 Bldg Height Excessive (Feet) The applicant will need to seek relief for the building height of 42' 3". Zoning requires the maximum height not to exceed 35' (feet).Article 51, Section 56 Off Street Parking Insufficient The applicant will need to seek relief insufficient parking spaces. Zoning requires a minimum of seven parking spaces for 4 (four) units. Art. 51 Sec. 09 Open Space insufficient Applicant will need to seek relief for insufficient open space per dwelling unit. (Required to have 2,500 sq. ft. per unit).

Purpose: Add a fourth dwelling unit by renovating the unfinished attic of the existing detached 3 1/2 story 3 family dwelling. Scope Includes adding shed dormers on both sides of the existing roof. There is no proposed change to the building footprint. The building will be sprinklered per NFPA 13R.

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-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- 1584253 Address: 2-14 Kenton Road Ward 11 Applicant: PKMJ LLC MASS LLC

Article(s): Art. 53 Sec. 08 Use: Conditional

Purpose: Construct covered gas pump island, site improvements & landscaping. Existing gas station use is allowed by

conditional use permits & variance. Zoning relief required to expand this use. (Existing building at rear of site will be razed per a separate short form permit.) Please issue refusal letter.

Case: BOA-1634764 Address: 80 G Street Ward 7 Applicant: Matt Ramey

Article(s): Art 68 Sec 29 Roof Structure Restrictions Reconfiguration of existing roof profile

Article 68, Section 8 Max allowed height in district exceeded Art 68 Sec 8 app in res sub dist Additoonal lot area per unit is insufficient Art. 68 Sec.08 Insufficient open space per dwelling unit Art 68 Sec 8 app in res sub dist Insufficient front yard setback Art 68 Sec 8 app in res sub dist Insufficient side yard setback Art 68 Sec 8 app in res sub dist Insufficient rear yard setback Article 68, Section 33 Off Street Parking & Loading Req Off street parking design/maneuvering areas

Art 68 Sec 29 Roof Structure Restrictions Max allowed height on parcel exceeded Art 68 Sec 8 app in res sub dist Max allowed building extension of SF into rear yard is >1000gsf

Purpose: Build 3 story addition to existing 3 family to convert to 6 family. Demolish existing 3 car garage.

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

Article(s): Art. 68 Sec. 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. Art. 68 Sec. 33 Off Street parking Req. Applicant will need to seek relief for Off-Street parking design & appropriate maneuvering. 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 Front Yard Insufficient Applicant will need to seek relief for the front yard setback. Zoning 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 8 Lot Area Insufficient Applicant will need to seek relief for Insufficient lot size of 1020 Sq. Ft. Zoning 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.

Purpose: Erect a 2 family residential building on existing lot with 2 garage parking spaces in rear of building. Building features 2 1/2 stories with decks.

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

Article(s): Violation Violation Description Violation Comments 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 Additional F.A.R. Art. 53 Sec. 09 BPDA approved plans show 40'; New height shown on rudimentary AS-BUILT plans, shows roof decks and increase of roof structure sizes. New height dislcosed51'-3" Art. 53 Sec. 52 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

Purpose: Erect a 2 family residential building on existing lot with 2 garage parking spaces in rear of building. Building features 2 1/2 stories with decks.