Zoning Board Of Appeal Hearing

Case: BOA-1385793 Address: 9 Downer Court Ward 15 Applicant: Charles R. Tevnan

Case: BOA-1272203 Address: 5 Parker Street Ward 2 Applicant: Jeffrey Drago, ESQ

Case: BOA- 1033475 Address: 334-362 Cambridge Street Ward 22 Applicant: Jeffrey Drago, ESQ

Case: BOA-1033474 Address: 1 Highgate Street Ward 22 Applicant: Jeffrey Drago, ESQ

Case: BOA- 1033472 Address: 8-12 Wilton Street Ward 22 Applicant: Jeffrey Drago, ESQ

Case: BOA-1033469 Address: 20 Braintree Street Ward 22 Applicant: Jeffrey Drago, ESQ

Case: BOA- 1395268 Address: 1017 River Street Ward 18 Applicant: Jeffrey Drago, ESQ

Case: BOA- 1433779 Address: 800 William T. Morrissey Boulevard Ward 16 Applicant: Matthew Lawlor

Case: BOA- 11283800 Address: 128 Webster Street Ward 1 Applicant: Lorene A. Schettino, ESQ

Case: BOA- 1094129 Address: 4011-4019 Washington Street Ward 19 Applicant: Neal Gold

Case: BOA- 1368532 Address: 60 Chesterfield Street Ward 18 Applicant: Tania Polanco

Case: BOA-1467752 Address: 10 Saint Margaret Street Ward 7 Applicant: Justin Byrnes, ESQ

Case: BOA-1659785 Address: 8 Brooks Street, Ward 1 Applicant: Tom Walsh & Peter Ryan

Article(s) Art. 09 Sec. 02 Nonconforming Use Change Nonconforming retail store use on lot Article 53East Boston Neighborhood District Section 53 5 Residential Dimensional Regulations Insufficient rear yard setback Article 53 East Boston Neighborhood District Section 53 5 Residential Dimensional Regulations Max allowed building height has been exceeded Article 53 East Boston Neighborhood District Section 53 5 Residential Dimensional Regulations Max. allowed number of stories has been exceeded Article 53 East Boston Neighborhood District Section 53 5 Residential Dimensional Regulations Building lot coverage > 60% Article 53 East Boston Neighborhood District Section 53 5 Residential Dimensional Regulations Minimum permeable surface reduced @ <30% Article 53 East Boston Neighborhood District Section 53 29 Allowed Encroachments into the rear yard of a shallow lot <10' Art. 32 Sec. 32 4 Groundwater Conservation Substantial renovation Article 53 East Boston Neighborhood District Section 53 25 Roof structure restrictions. Reconfiguration of exiting roof structure via proposed 3 story vertical addition

Purpose : To change occupancy from commercial space to commercial space and three units; to erect a 3 story vertical addition and rear egress stairs CLARIFICATION: Change occupancy of attached one story buildings retail store into a retail store and 3 units by erecting a 3 story verticle additon on top of the existing structure per submitted plans.

Case: BOA- 1686079 Address: 124-126 Bunker Hill Street Ward 2 Applicant: Gabe Mater

Article(s) Art. 62 Sec. 25 Roof Structure Restrictions

Purpose : Request a refusal letter to go to the board for approval. Add a roof deck per attached plans. Currently already an interior stair and roof hatch to access the roof.



Case: BOA-1685710 Address: 597 East Second Street Ward 6 Applicant: George Morancy, ESQ

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

Dormers front and rear; 2 story building conversion to a three story structure)

Purpose : Confirm occupancy of single family. The owner seeks to renovate the existing single family home as per the attached plans. With no change to footprint or occupancy.

Case: BOA- 1658178 Address: 674-676 East Broadway Ward 6 Applicant: Joy Lee Real Estate Trust

Article(s) Article 68, Section 8 Lot Area Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Bldg Height Excessive (Feet) Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 29 Roof Structure Restrictions Art. 68 Sec. 33 Off Street parking Req.

Purpose : Change of occupancy from a restaurant and one residential units to a restaurant and three residential units. Vertical addition by adding an additional floor, roof deck, and headhouse.

Case: BOA-1644826 Address: 32 Vinton Street Ward 7 Applicant: Felix Ramos

Article(s) Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 29 Roof Structure Restrictions

Purpose : Confirm occupancy as 3 family. Frame new addition bedroom with a closet according engineer plans . Remove and reframe new emergency stairs at the back of the house, according plans.

Case: BOA- 1650298 Address: 99 Boston Street Ward 7 Applicant: The Fortress Boston Corporation

Article(s) Art. 09 Sec. 01 Reconstruction/Extension of Nonconforming Bldg. Reduction of lot size > 25% of a nonconforming use – Conditional Article 65 Section 16 Dimensional Regulations EXCESSIVE F.A.R

Purpose : Seeking zoning refusal. Subdividing lot for the purposes of maintaining the current commercial use on one lot and building a new mixed use building on second lot. There will be a companion ERT application filed for the new

building. Note: New building address to be known as 101 109 BOSTON STREET and this structures address to now be

known as 99 BOSTON STREET.

Case: BOA- 1650301 Address: 101-109 Boston Street Ward 7 Applicant: Cobalt Development Partners LLC

Article(s) Art. 65 Sec. 41 Off street parking requirements Insufficient off street parking Art. 65 Sec. 41 Off street parking requirements Off street parking design and clear maneuvering areas Art.65 Sec.15 Use: Conditional takeout uses- conditional Article 25A Section4 CFROD Applicability Applicability- Proposed construction of >15 units, >49,899gsf structure Article 65 Section 15 Use Regulations MFR -conditional Article 65 Section 16 Dimensional Regulations excessive f.a.r Article 65, Section 16 Dimensional Regulations Max allowed building height exceeded

Purpose : Zoning refusal submission Companion application for subdivision application ALT1628275. Erect new mixed use building (59 residential units, ground floor retail and restaurants with take out and 10 onsite garaged parking spaces)

Case: BOA- 1648030 Address: 2164-2168 Washington Street Ward 8 Applicant: Community Music Center of Boston, Inc.

Article(s) Art. 50 Sec. 43 Off street parking insufficient More parking spaces required due conversion of basement from storage into conditionate space. Article 50, Section 11Dimensional Regulations in Roxbury EDA FAR exceeded. Max. allowed 2.0

Purpose : The proposed redevelopment project involves the change in occupancy and interior/roof renovation of the

existing three story building located at 2164 2168 Washington Street, Roxbury, MA (Parcel ID: 0802478000). The basement of the existing building is currently excluded from the building’s GFA; in addition to renovating the existing building, Applicant proposes to fit out the basement to accommodate the project's proposed uses, which will include studio (arts/music), community center, and accessory office uses. Applicant does not propose to continue any of the building's currently permitted uses, including storage, store, gallery and art exhibit, and sales. In connection with the project, Applicant and the Boston Planning Department will enter into an easement agreement, which will grant Applicant the exclusive right to use portions of two adjacent parcels owned by the Boston Redevelopment Authority (Parcel ID: 0802472000; Parcel ID: 0802479000) on which the existing building encroaches.



Case: BOA- 1653182 Address: 59 Worcester Street Ward 9 Applicant: Derric Small

Article(s) Art 64.9.4 Town/Rowhouse extension into rear Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Excessive f.a.r Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Insufficient side yard setback Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Insufficient rear yard setback

Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Basement units are forbidden Art. 64 Sec. 36 Off-St.Parking Requirements Insufficient off street parking Art. 64 Sec. 36 Off-St.Parking Requirements Design/maneuvering areas Art. 65 Sec. 64-34 Restricted Roof Structure District Proposed Dormer

Article 64 Section 8 Use Regulations Basement units are forbidden

Purpose : Change the legal occupancy from a two family dwelling to five residential units. Correct V755689

Case: BOA-1661327 Address: 26 Wabon Street Ward 12 Applicant: Simba Development Group

Article(s) Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Add'l Lot Area Insufficient

Art. 50 Sec. 43 Off street parking requirements (a) Such facilities shall have car spaces to the number specified by this Article, maneuvering areas, and appropriate means of vehicular access to a street, and shall be so designed as not to constitute a nuisance or a hazard or unreasonable impediment to traffic; and all lighting shall be so arranged as to shine downward and away from streets and residences.

Purpose : CONVERT SINGLE FAMILY HOME INTO 2 FAMILY RESIDENCE #1 unit: A NEW ENTRANCE, A NEW BEDROOM & BATHROOM IN THE BASEMENT & NEW BEDROOM & BATHROOM ON THE FIRST FLOOR. #2unit: A NEW ENTRANCE, NEW KITCHEN ON THE SECOND FLOOR, & NEW BATHROOM ON THE

THIRD FLOOR. DECK ADDITION, EGRESS, STAIRS

Case: BOA-1669646 Address: 59 Wales Street Ward 14 Applicant: Miguel Gomes

Article(s) Article 60, Section 37 Off-Street Parking Insufficient Article 60, Section 8 Use: Forbidden Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Add'l Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient

Purpose : Adding additional unit to the basement of the approved 5 family dwelling. ALT1506144 pending, approved by the BOA.

Case: BOA- 1658677 Address: 55-57 River Street Ward 17 Applicant: Cynthia Edwards

Article(s) Art.65 Sec. 8 Use: ForbiddenMulti 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 (Stories) Article 65, Section 9 Floor Area Ratio Excessive Art. 65 Sec. 65 41.5Parking Size & Maneuverability Article 65, Section 41Off Street Parking Regulations

Purpose : Change of occupancy from a 2 family dwelling to a 14 Unit multifamily building with garage parking, as per plans.\ Scope includes partial demolition of existing dwelling and the erection of a 3 story addition at the rear to

accommodate 12 additional units with balconies. The existing building to have the addition of new front facing dormers. Life safety upgrades included.

Case: BOA#1658685 Address: 55-57 River Street Ward 17 Applicant: Cynthia Edwards

521 CMR 10.00 Public and Common Use Spaces521 CMR 10.2 ACCESSIBLE ROUTES. There shall be an accessible route at least 36 inches (36" = 914mm) wide connecting accessible parking, accessible entrances, public and common use spaces, and dwelling units. Wherever possible, the accessible route shall be the shortest possible route, see 521 CMR 20.00: ACCESSIBLE ROUTE. [The addition of 12 additional units requires compliance with 521 CMR. No accessible paths provided.]

Purpose : Change of occupancy from a 2 family dwelling to a 14 Unit multifamily building with garage parking, as per plans. Scope includes partial demolition of existing dwelling and the erection of a 3 story addition at the rear to accommodate 12 additional units with balconies. The existing building to have the addition of new front facing dormers. Life safety upgrades included (FP/FA).



Case: BOA-1663367 Address: 50 Bradlee Street Ward 18 Applicant: Jasmany Beato

Article(s) Article 69, Section 8 Use: ForbiddenApplicant will need to seek relief for the use of a Two family home in a Single family zone.Article 69, Section 9 Lot Area InsufficientApplicant will need to seek relief for the lot area. Zoning

requires the lot area to be a minimum of 6000 sq. ft. Proposed project has a lot size of 5,242 sq. ft.Article 69, Section 9 Lot Width Insufficient Applicant will need to seek relief for 42' lot width, not the required 60' feet.Article 69, Section 9 Lot Frontage InsufficientApplicant will need to seek relief for 42' feet frontage not the required 60' feet. Article 69, Section 9 Floor Area Ratio ExcessiveApplicant will need to seek relief for an excessive FAR of .66, not the required .5.

Article 69, Section 9 Side Yard InsufficientApplicant will need to seek relief for side yard set back of 5' (Non driveway side) and seek an easement for the driveway side to be 7' (feet) Plus.Article 69, Section 9 Usable Open Space Insufficient Applicant will need to seek relief for Insufficient usable open space.

Purpose : Subdivide lot for New Construction of a Two Family house

Case: BOA-1685352 Address: 4471 Washington Street Ward 20 Applicant: Jon Wardwell

Article(s) Art. 67 Sec. 08 Use Regulations Applicable in MFR use - Forbidden Residential Sub Districts Article 67, Section 32 Off-Street Parking Insufficient parking Article 67, Section 9 Dimensional Regulations Insufficient lot area -8000sf req.Article 67, Section 9 Dimensional Regulations Max allowed F.A.R. exceeded Article 67, Section 9 Dimensional Regulations Max number of stories allowed has been exceeded Article 67, Section 9 Dimensional Regulations Insufficient usable open space per unit Article 67, Section 9 Dimensional Regulations Insufficient rear yard setback

Purpose : To erect a new residential building with 8 units and 4 parking spaces

Case: BOA- 1564330 Address: 296 Summit Avenue Ward 21 Applicant: Rod Rivera

Article(s) Art. 51 Sec. 08 Use RegulationsProposed Main use Forbidden Art. 51 Sec. 08 Use RegulationsProposed accessory use parking forbidden Art. 51 Sec. 09Dimensional Regulations Insufficient rear yard setback

Art. 51 Sec. 09-Dimensional RegulationsNumber of allowed habitable stories has been exceeded Art. 51 Sec. 09 Dimensional Regulations Insufficient usable open space per unit Art. 51 Sec. 40 5(a)Off street parking design Clear maneuvering areas Art. 10 Sec. 01 Limitation of parking areas 5' side yard buffer Art. 51 Sec. 09Dimensional Regulations Insufficient additional lot area per unit Art. 51 Sec. 09 Dimensional RegulationsExcessive f.a.r.

Purpose : Change Occupancy from a 3 family to a 4 family. Make the Basement into a unit. work to include F/A, Sprinkler, MEP, framing and carpentry PROPOSE 10 9x20 PARKING SPACES IN SIDE AND REAR YARD.

Case: BOA-1663313 Address: 546 East Broadway Ward 6 Applicant: Nicholas Landry

Article(s) Art.68 Sec 29 Roof Structure Restrictions Article 68, Section 8 Bldg Height Excessive (Feet)Max. allowed: 35' Proposed: 59' 3" (Extension of non conformity)

Purpose : Change of use from 1 apartment, professional office, and body art establishment to seven residential units. Interior renovation and rear 4 story addition. Reducing the parking spaces from 18 to 14. Combine two parcels into one:

parcel ID0603001000 with 10,539 sqft and parcel ID 0602991000 with 2,992 sqft Resulting parcel: 13,531 sqft

Case: BOA- 1685231 Address: 368-372 West Broadway Ward 6 Applicant: Jamie Moss

Jamie Moss seeking with reference to the premises at : 368 372 W Broadway Ward: 06

Article(s) Art. 68 Sec. 07 Use Regs.Use conditional

Purpose : Change Occupancy to include Community Center.

Case: BOA-1680062 Address: 83 Wildwood Street Ward 14 Applicant: KNG Realty Corporation-MOH

Article(s) Article 60 3 Proposed Use Table MFR use Forbidden Article 60 Section 60 4 Dim. Regs Applicable in Residential Subdistricts (Table D) % of allowed Building lot coverage exceeded

Article 60 Section 60 4 Dim. Regs Applicable in Residential Subdistricts (Table D) Insufficient permeable lot area

Purpose : MOH project Erect a New Multi Family 9 Units.

Case: BOA-1677707 Address: 639-643H Warren Street Ward 12 Applicant: 639 Warren Street LLC-ARTICLE 80

Article(s) Art. 50, Section 19 Use: ConditionalMulti 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- 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- 1561858 Address: 17 Wichita Terrace Ward 17 Applicant: William Callahan

Article(s): Art.65 Sec. 8 Use: ForbiddenMulti 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- 1538686 Address: 86 Astoria Street Ward 18 Applicant: Natalyn Francis

Article(s) Article 60, Section 8 Use: Forbidden Basement Unit – Forbidden Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Rear Yard Insufficient Notes

Purpose : Correct Violations V582833 and V582855. Renovate and reconfigure existing 3 family with addition & extension of living space to attic & basement. Scope includes relocating 3rd unit (previously at second story) to the basement; extending living space. Renovate basement into habitable space as the 3rd unit & renovate attic. Also, create new front entry door, enclose rear porches and provide a 2-story addition to the rear, per attached plans.

Case: BOA#1538740 Address: 86 Astoria Street Ward 18 Applicant: Natalyn Francis

9th 780 CMR 1011 Stairways 1011.5.3 Winder treads. Winder treads are not permitted in

means of egress stairways except within a dwelling unit.[Winder stairs not allowed for common stairs.] 9th 780 CMR 1023 Interior Exit Stairways and Ramps 1023.1 General. Interior exit stairways and ramps serving as an exit component in a means of egress system shall comply with the requirements of this section. Interior exit stairways and

ramps shall be enclosed and lead directly to the exterior of the building or shall be extended to the exterior of the building with an exit passageway conforming to the requirements of Section 1024, except as permitted in Section 1028.1. An interior exit stairway or ramp shall not be used for any purpose other than as a means of egress and a circulation path. [Closet within interior stairway is not permitted.

Purpose : Correct Violations V582833 and V582855. Renovate and reconfigure existing 3 family with addition & extension of living space to attic & basement. Scope includes relocating 3rd unit (previously at second story) to the basement; extending living space. Renovate basement into habitable space as the 3rd unit & renovate attic. Also, create new front entry door, enclose rear porches and provide a 2-story addition to the rear, per attached plans.



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- 1685377 Address: 40 William C Kelly Square Ward 1Applicant: First Priority Credit Union by William Kelly Forty, LLC

Article(s) Article 53 East Boston Neighborhood District Section 53-7.Table B of this Article for use regulations is conditional use

Purpose : The petitioner seeks a Conditional Use Permit in accordance with the Provisions of Article 6 of the Code for the reasons set forth in the Inspectional Service Department's refusal letter. Change occupancy of ground level commercial space to Bank and ATM.

Case: BOA- 1685296 Address: 265-269 Maverick Street Ward 1 Applicant: 265 Maverick, LLC

Article(s) Article 53, Section 5.3 Dimensional Regulations Building Height (Stories) Excessive Article 53, Section 5.3 Dimensional Regulations Building Depth (Feet) Excessive Article 25A Section 4 CFROD Applicability Article 25, Section 5 Flood Plain Regulations Article 32, Section 4.GCOD, Applicability Art. 53 Sec.25 Roof Structure Restrictions

Purpose : The petitioner seeks a determination that the Inspectional Services Department erred in issuing a refusal letter citing Article 53-25 – Roof Top Restrictions; Article 53-5.3 – Building Height (Stories) – Excessive ; and Article 53-5.3 – Building Height (Feet) – Excessive.

Discussion of pending Suffolk Superior Court litigation - Breyer Corp. et al vs. OPCO Allston, LLC et al,. Civil Action No. 2284CV01632