Zoning Board Of Appeal Hearing

December 3, 2024, December 5, 2024 & December 10, 2024

Case: BOA- 940063 Address: 3 Aspinwall Road Ward 17 Applicant: Michael P. Ross, ESQ

Case: BOA-1258631 Address: 1027-1029 Tremont Street Ward 9 Applicant: Jeffrey R. Drago, ESQ

Case: BOA- 1228936 Address: 7-11 Curtis Street Ward 1 Applicant: Jeffrey R. Drago, ESQ

Case: BOA- 1279801Address: 120 Braintree Street Ward 22 Applicant: Nicholas J. Zozula, ESQ

Case: BOA- 1333102 Address: 4-6 Woodville Park Ward 8 Applicant: Derrick D. Hobson Sr

Case: BOA- 1296104 Address: 135 William T Morrissey BLVD Ward 13 Applicant: Jennifer R. Schultz

Case: BOA- 1221855 Address: 671 East Sixth Street Ward 6 Applicant: Arthur Choo Jr., A.I.A

Case: BOA- 1387903 Address: 773-775A Huntington Avenue Ward 10 Applicant: David Traggorth

Case: BOA-1653711 Address: 268-274 Centre Street Ward: 10 Applicant: Lady Marcelluy

Article(s): Art. 06 Sec. 04 Other Protectional Conditions

Purpose: Removing the proviso @ 270 Centre Street.

Case: BOA-1683041 Address: 55-57 Willow Street Ward: 20 Applicant: Larbi Hamri

Article(s): Article 56, Section 8 Rear Yard Insufficient - The rear yard setback of the proposed project doesn't clear the minimum limit for this district. Rear yard setback minimum: 30ft Proposed sunroom setback: 20ft

Purpose: Convert the 2nd floor open porch to 3 season sunroom follow drawing plan.

Case: BOA-1677515 Address: 1305 Hyde Park Avenue Ward 18 Applicant: Joseph Federico-ARTICLE 80

Article(s): Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 9 Bldg Height Excessive (Stories) Article 69 Section 29 Off Street Parking & Loading Req

Purpose :(Construct a four-story multifamily building with 24 units and 24 on grade parking spaces.) This application has changes a few times. the latest edition is the following: PW Construct a 54 Unit apartment building with 21 Structured parking spaces.

Case: BOA-1630352 Address: 77 Bailey Street Ward 17 Applicant: 77 Bailey Street LLC

Article(s): Article 65, Section 8 Use Regulations Multifamily Dwelling Forbidden Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Area Insufficient Art. 65 Sec. 41 Off street parking requirements Art. 65 Sec. 65 41.5 Parking Size & Maneuverability Article 65, Section 42.2 Conformity w Ex Bldg Alignment Article 65, Section 42.13 Two or More Dwellings on Same Lot Article 65, Section 9 Floor Area Ratio Excessive

Purpose: Bldg 1 of 2. Erect a 3 Story multifamily building with (6) 2bed and 2bath units. Building will have a front deck, common roof deck and 6 rear parking spots. We are building two separate (6) unit buildings on the same lot; see ERT1609270 for second building at 79 Bailey St. Demolition of existing building to be filed under a separate permit. [ePlan]



Case: BOA- 1632750 Address: 79 Bailey Street Ward 17 Applicant: 77 Bailey Street LLC

Article(s): Art.65 Sec. 8 Use: Forbidden Multifamily Dwelling Forbidden 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 42.13 Two or More Dwellings on Same Lot Art. 65 Sec. 65 41.5 Parking Size & Maneuverability Art. 65 Sec. 41 Off street parking requirements

Purpose: Bldg 2 of 2. Erect a 3 Story multifamily building with (6) 2bed and 2bath units. Building will have front decks, common roof deck, and 6 rear parking spots. We are building two separate (6) unit buildings on the same lot; see ERT1605980 for second building at 79 Bailey St. Demolition of existing building to be filed under separate permit [ePlan]

Case: BOA- 1679542 Address: 23 Nottingham Street Ward 14 Applicant: KZ Builders LLC-MOH

Article(s): Art. 65 Sec. 08 Forbidden MFR USE- Forbidden Art. 65 Sec. 41 Off street parking requirements insufficient off street parking (Article 23 parking exemption is not applicable within the Dorchester Neighborhood District)) Art. 65 Sec. 9 Residential Dimensional Reg.s Max allowed height has been exceeded due to recent MOH staff requested changes on the project (Updated plans has resulted in an additional variance being triggered (1.29.25) Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient rear yard setback Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient front yard setback Article 65, Section 9 Dimensional Regulations Insufficient side yard setback Article 65, Section 9 Dimensional Regulations Excessive f.a.r.

Article 65, Section 9 Dimensional Regulations # of allowed stories has been exceeded

Purpose: Combine three vacant land parcels into one 12,496sf lot and Erect a new 3-story multifamily residential building containing 12 affordable housing units and 8 off-street parking spaces on a vacant lot at 19-23 Nottingham Street. *10/23/24

Case: BOA- 1473068 Address: 3 Cedar Square Ward 9 Applicant: Celiberti Realty, LLC By Matthew Eckel, Esq

Article(s): Art. 50 Sec. 29 Usable open space insufficient Min. required: 5,850 sqft Art. 50 Sec. 43 Off street parking insufficient Parking spaces required: 1 per unit (9 total). Proposed:8 spaces.Art. 50, Section 28 Use: Forbidden Multifamily Article 50, Section 29 Add'l Lot Area Insufficient Lot area required: 18,000 sqft. Proposed: 7,000 sqft Article 50, Section 29 Floor Area Ratio Excessive Max. required: 0.8 Proposed: 1.2 Article 50, Section 29 Front Yard Insufficient Min. required: 20' Proposed: 15.4' Article 50, Section 29 Side Yard Insufficient Min. required: 10' Proposed L: 4'-2" R: 6.3' Article 50, Section 29 Rear Yard Insufficient Min. required: 30' Proposed: 10'- 3 1/2"

Purpose: Purpose: Construct new 12 unit residential building (reduced to 9 units on 01/27/25) and 12 off-street parking spaces (reduced to 8 on 01/27/25). Application in conjunction with ALT1452832 to subdivide the lot. Project includes one ground level affordable unit.eplan --- BOA re-review 01/27/25

Case: BOA-1674434 Address: 232 West Third Street Ward 6 Applicant: David Winick

Article(s): Art 68 Sec 8 Dim reg app in res sub dist Insufficient lot size Art 68 Sec 8 Dim reg app in res sub dist Excessive f.a.r. 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 Art. 68 Sec. 33 Off Street parking Req. Insufficient parking 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 Max allowed height has been exceeded Art. 68 Sec. 34 Appl. of Dim. Req. Corner lot traffic visibility obstructed

Purpose: Erect new single family dwelling per approved plans. *9.2.24 filed application assigned to FD by Dept Head Paul Williams on 10.2.24

Case: BOA- 1674435 Address: 234 West Third Street Ward 6 Applicant: David Winick

Article(s): Art 68 Sec 29 Roof Structure Restrictions Max allowed height on parcel exceeded

Art 68 Sec 8 Dim reg app in res sub dist Insufficient lot size 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 Art 68 Sec 8 Dim reg app in res sub dist Excessive f.a.r. Art. 68 Sec. 33 Off Street parking Req.

Purpose: Erect new single-family dwelling according to plans. *9.2.24 filed application assigned to FD by Dept Head Paul Williams on 10.2.24



Case: BOA-1669115 Address: 105 P Street Ward 6 Applicant: Fran Adams

Article(s): Art 68 Sec 29 Roof Structure Restrictions Alter. change roof line profile.

Purpose: “Amend scope of work under issued Permit ALT1619411 to add shed dormer to each side of roof to increase living space on third floor. Create new rear deck at third floor level with exterior spiral staircase leading to new roof deck.”

Case: BOA-1661505 Address: 64 Baxter Street Ward 6 Applicant: Matthew P Whalen

Article(s): Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Front Yard Insufficient Article 68, Section 29 Roof Structure Restrictions An open roof deck may be erected on the main roof of a Building with a flat roof or a roof with a slope of less than five (5) degrees, provided that (a) such deck is less than one (1) foot above the highest point of such roof; (b) the total height of the building, including such deck, does not exceed the maximum Building Height allowed by this Article for the location of the Building; and (c) access is by roof hatch or bulkhead no more than thirty (30) inches in height above such deck, unless after public notice and hearing and subject to Sections 6 2, 6 3, and 6 4, the

Board of Appeal grants permission for a stairway headhouse; and (d) an appurtenant hand rail, balustrade, hatch, or bulkhead is set back horizontally, two (2) feet for each foot of height of such appurtenant structure, from a roof edge that faces a Street more than twenty (20) feet wide. Article 68, Section 8 Bldg Height Excessive (Feet)

Purpose: Nominal fee requested. Add a roof deck.

Case: BOA-1682764 Address: 595 East Second Street Ward 6 Applicant: Cara Early

Article(s): Art 68 Sec 29 Roof Structure Restrictions

Purpose: Take of roof of home and reframe to give greater space on 2nd floor Reframe layout of 2nd floor Add bathroom to 2nd floor. Confirming occupancy as a single-family row house in existence for many years.

Case: BOA- 1677115 Address: 701 East Second Street Ward 6 Applicant: 701 East Second Street LLC

Article(s): Article 68, Section 7.2 Basement Units Forbidden Article 68, Section 8 Usable Open Space Insufficient Required: 800 sqft Article 68, Section 8 Add'l Lot Area Insufficient Min. lot area required: 5,000 sqft Proposed: 3,875 sqft

Purpose: Change of occupancy from a 3 unit bldg. into a 4 unit bldg. by dividing Unit 1 (first and basement combined) into two separate units: Unit 1 remaining on the first floor and new Unit B within existing space in the basement. No additions or building expansion Building is sprinklered per NFPA 13. Increasing number of parking spaces from 5 to 6 eplan – BOA Application assigned by supervisor, Paul Williams, 15 days late. 10/17/24

Case: BOA-1679431 Address: 1301-1305 Boylston Street Ward 5 Applicant: Fenway Enterprise 1301 Boylston

Article(s): Art. 06 Sec. 04 Other Protectional Conditions Removal of previous BOA site proviso's orders Article 66, Sec. 14 Use Regs in Business INTERIOR Restaurant use with indoor live entertainment.Article 66, Sec. 14 Use Regs in Business Exterior Brewery/Bar use w/live entertainment venue not after 10 pm. Forbidden

Purpose: Clarification 12/30/24: Change occupancy of brick and mortar building to restaurant w/live entertainment and renovate interior per plans provided. *Application filed in conjunction with UOP#491680073 for the parcels outdoor open-air parking occupancy change of use, to include, seasonal outdoor beer garden with outdoor live entertainment (limited to 10pm) by preparing site for movable containers to be used for a small acoustic stage, bars, merchandise, farm brewery, winery and distillery operations and supportive portable bathrooms. Update existing restaurant/bar interior space and convert existing surface parking lot to seasonal beer garden space.Change occupancy to include restaurant with live entertainment, such entertainment not operating after 10:00pm. Interior work: Modify booth/bench seats, install small performance stage, relocate existing host/POS stands, modify lighting, new finishes. Exterior work: Remove front porch area, install back deck, install perimeter fence and landscaping, prepare site for movable containers to be used for small acoustic stage, bars, merchandise and farm brewery, winery and distillery operations and portable bathrooms. *10/15/24 filing assigned to FD by Dept Head Paul Williams on 11.1.24



Case: BOA- 1684818 Address: 1301-1305 Boylston Street Ward 5 Applicant: Fenway Enterprise 1301 Boylston

Article(s): Art. 07 Sec. 4 Other Protectional Conditions Dimensional setbacks and limitations of exterior uses on

the lot (i.e. Screening, accessory structures//Mobil units, stage...) Art. 06 Sec. 04 Other Protectional Conditions Removal of BOA site proviso order Article 66, Sec. 14 Use Regs in Business Exterior brewery/bar with live entertainment (not

operating after 10 pm) Forbidden Article 66, Sec. 14 Use Regs in Business Exterior Beer garden with beer/winery/distillery takeout Conditional

Purpose: Use of premises for outdoor music and beer garden venue with STAGE for live entertainment serving 708 patrons with accessory uses to include take out, incidental farm winery/distillery and retail. Venue use shall require a plumbing code variance from 248 cmr regulations (i.e. temp/mobil fixutres). This filing is associated with ALT1661877 with job cost covered in ALT permit fees.

Case: BOA-1670931 Address: 14-40 Beach Street Ward 3 Applicant: NPG BOS 1 Beach, LLC

Article(s): Art. 43, Section 19 Use: ConditionalYou need relief from the BOA for the said violation

Purpose: Remove and replace 9 parking stalls of approximately 3,000 GSF in the basement (Level A) of existing parking garage and install approximately 80 accessory storage/locker units. Lockers are a non structural, non MEP units in a kit.

Case: BOA- 1668148 Address: 14-40 Beach Street Ward 3 Applicant: NPG BOS 1 Beach, LLC

Article(s): Art. 43, Section 19 Use: Forbidden Vehicular Uses. Repair garage; gasoline service station; car wash;

sale of automobiles and trucks where operation is carried on within a structure; outdoor sale or display for sale of new or used motor vehicles; automobile rental agency; or establishment for sale and installation within a building of batteries, seat covers, tires, and similar automotive parts and accessories, except such vehicular uses are conditional in the Chinatown Gateway Special Study Area.

Purpose: Seeking zoning refusal. Change of use and occupancy from a commercial parking garage to a commercial parking garage and car rental use including an accessory car wash use private to car rental use. There will be no changes to the building exterior, size, nor dimensions.

Case: BOA- 1660692 Address: 244 Bremen Street Ward 1 Applicant: Ryan Moran & Nicole Moran

Article(s): Art. 32 Sec. 04 GCOD Applicability Art. 53 Sec. 09 Insufficient additional lot area per unit -updated 10.9.24 Art. 53 Sec. 56 Off-Street Parking Insufficient parking Art.53 Sec.08 Use Forbidden Article 53 Section 9 Number of allowed stories has been exceeded Article 53 Section 9 Max allowed height has been exceeded Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 Insufficient rear yard setback Article 53 Section 9 Insufficient side yard setback Article 53 Section 9 Insufficient open space Article 53, Section 52 Roof Structure Restrictions Additonal story onto existing

Purpose: Erect an addition and change occupancy from three (3) to five (5) residential units as per plans. *Assigned to FD by PW 2.15.24

Case: BOA-1679893 Address: 36 Cottage Street Ward 1 Applicant: Cottage 36 Street LLC

Article(s): Art. 53 Sec. 08 Forbidden ARTICLE 53 EBR 3 Table A fn2; Lot frontage is less

than 55 feet. You must have 55 feet of frontage for proposed unit #change Art. 53 Sec. 56 Off street parking insufficient One additional parking space is required. None are provided

Purpose: Change occupancy from three family and office to four family

Case: BOA-1640872 Address: 28 Alleyne Street Ward 20 Applicant: John Pulgini

Article(s): Art. 10 Sec. 01 Limitation of off street parking areas Parking less than 5 feet from side lot line

Art. 56 Sec. 08 Floor Area Ratio excessive Art. 56 Sec. 08 Residential Subdistrict: Dimensional Requirements insufficient lot size, side yard setbacks, front yard setback Article 56, Section 8 Lot Width Insufficient Article 56, Section 8 Lot Frontage Insufficient

Purpose: Erect single family structure on vacant lot known as (Parcel ID 2002742000). Nominal fee.



Case: BOA- 1615071 Address: 93 Howard Avenue Ward 13 Applicant: Jason Futrell

Article(s): Art. 50, Section 28 Use: Forbidden Multi Family Dwelling Forbidden Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Bldg Height Excessive (Feet)

Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Add'l Lot Area Insufficient Art. 50, Section 43 Off Street Parking Insufficient Art. 50 Sec. 43 Off street parking requirements 50 43.6(d) Size Article 50, Section 44.2 Conformity Ex Bldg Alignment

Purpose: Erect a new 3 story, 12-unit apartment building, on newly created 10,973sqft lot. Scope includes decks and new parking at the rear of the building. See ALT1566047 for subdivision. Demolition of an existing 3 story home to be

filed under separate permit.

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-1671334 Address: 14 Winthrop Street Ward 12 Applicant: Community Movement Commons

Article(s) Art. 50, Section 28 Use: Forbidden Neighborhood birth Center (clinic use) Art. 50, Section 28 Use: Forbidden Offices Art. 50, Section 28 Use: Conditional Community areas (Community center use) Article 50, Section 29 Front Yard Insufficient Min. required: 20' Proposed 6.6' on Winthrop St. and 7' on Kearsarge Ave.

Purpose: Combining 4 lots into 1 under applications ALT1642958 and ALT1640331. Construction of a new facility for the Community Movement Commons including a Neighborhood Birth Center (Clinic use), community areas (Community use), shared and rentable offices, and 10 outdoor parking spaces and 1 ambulance parking. Outdoor spaces will feature birth and community gardens. Existing structures on the site will be previously demolished.

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- 1675304 Address: 140 Chelsea Street Ward 1 Applicant: Richard Lynds

Article(s) Art. 32 Sec. 04 GCOD Applicability Basement excavation Art. 53 Sec. 08 Forbidden Basement units are forbidden Art. 53 Sec. 09 Dimensional Regulations Max allowed f.a.r. exceeded Art. 53 Sec. 09 Dimensional Regulations Insufficient additional lot area /unit Art. 53 Sec. 09 Dimensional Regulations Number of allowed habitable stories exceeded- 3 max Art. 53 Sec. 09 Dimensional Regulations Insufficient open space/unit Art. 53 Sec. 09 Dimensional Regulations Insufficient parking Article 53 Section 8 Use Regulations Use forbidden

Purpose : Change occupancy from a three (3) unit residential dwelling to a four (4) unit residential dwelling as per plans.