Board of appeal hearing

July 11, 2017

Case: BOA-464137, Address: 20 Ashburton Place, Ward 3 Applicant: Faros Properties

Case: BOA-560912, Address: 100 West Second Street  , Ward 6   Applicant: Andrew Motta

Case: BOA-696981, Address: 317 Belgrade Avenue, Ward 20 Applicant: Michael Forde. Partner

Case: BOA-723406, Address: 95 Brookline Avenue  , Ward 21  Applicant: Kathleen Wonkka

Article(s): 32(32-4)

Purpose: Replace loading dock structure, same size, replace paving and drainage structures, repair existing canopy and roof drains with new lighting. Site is subject to Article 32. permit application is for the purpose of rejection to allow review of proposed groundwater recharge system by Zoning Board of Appeal. 

Case: BOA-723479, Address: 49 East Concord Street  , Ward  8  Applicant: Ghit Akkar

Purpose: Construct a new roof deck with hatch access. SELDC approval 17,351 SE. Updated architectural and structural floor plans. MSBC-10 SRC 1009.13.1 Roof Access. Where stairway is provided to an occupied roof for a 4 story building, access to said occupied roof must be through a penthouse. (note that there is no penthouse provided to access to access the roof deck which is above the 4 story building) 1021 Number of Exits and Continuity.  1021.1 All spaces within each story shall have the approved independent number of exits specified in table 1021.1. (Note that table 1021.1 states that two independent exits are required for spaces above the third story of an R-2 use group, and your proposed third unit with multiple stories is not in compliance with this section of the code.)

Case: BOA-704394, Address: 4281 Washington street   , Ward 20   Applicant: Anthony Ruscito

Article(s) 67(67-12 Dimensional Regulations - Floor Area Ratio Excessive: Building Height Excessive: Building Height (#of stories) Excessive) 67(67-32; Off Street Parking Insufficient) 67(67-11; Use Regulations - Accessory Parking for Residential Uses located on the First Story : Conditional) 

Purpose: Construct Rear Decks per Plan at the 1st and 2nd Floor. Amend ALT637151

Case: BOA-710535, Address: 16 Heathcote Street  , Ward 19   Applicant: Katherne Stevenson

Article(s): 67(67-9: Excessive Floor Area Ratio; Excessive Building Height - stories; Insufficient Side Yard; Insufficient Rear Yard

 Purpose: Vertical addition to extend living space to attic on existing single family residential dwelling. Construct front deck , rear deck and bay windows. Interior renovation.

Case: BOA-715581, Address: 44 Lochdale Road   , Ward  19  Applicant: Avi Shoss

Article(s): 67(67-15:Dimensional Regulations - Floor Area Ratio Excessive; Height Excessive)      

Purpose: A three story addition totaling 49,822 SF will be added to the existing self - storage building at 44 Lochdale RD, Roslindale MA. It is intended that the addition will be built as a separate building with shared circulation. The development will increase the commercial self -storage use and include the reconfiguration of the existing parking access from Mahler to Lochdale, the introduction of new and refurbished means of egress, the in-troduction of freight elevators and new and updated HVAC systems. ZBA 

Case: BOA-700713, Address: 43 Goldsmith Street  , Ward  19  Applicant: Todd Buffum

Article(s): 55(55-9; Dimensional Regulations- Floor Area Ratio Excessive: Building Height (# of stories) Excessive: Rear Yard Insufficient)

Purpose: Extend Living Space into attic for Unit #3 in an existing Three family Dwelling. Construct Front

Dormer and add new skylights.

Case: BOA-679066, Address: 6 Lafield Street   , Ward 16   Applicant: Domingos Rodrigues

Article(s): 65(65-41: Off-Street Loading Req. - 65(65-41.(b)   

Purpose: Construct 10'-0 easement driveway between two houses to propose four (4) off street parking. Cost reflected on U49652946.

Case: BOA-679070, Address: 10 Lafield Street  , Ward 16   Applicant: Foster Bates

Article(s): 65(65-41:Off-Street Loading Req. - 65-41.(b)          

Purpose: Construct 10'-0 easement driveway between two houses to propose four (4) off street parking. Cost reflected on U49652946. (Contract and fee upgrade required)

Case: BOA-666622, Address: 1607 Dorchester Avenue   , Ward  16  Applicant: Robert Eddy

Article(s): 9(9-1: Extension of Non Conforming Use) 65(65-9: Residential Dimensional Regs. - Front Yard setback is insufficient) 65(65-8: Conditional - Pre-existing nonconforming)

Purpose: Install a canopy over pump island

Case: BOA-720513, Address: 10 Tucker Street  , Ward 14   Applicant: James Gribaudo

Article(s): 10(10-01: Limitation of Area of Accessory Uses) 60(6-40: Off-Street Parking Regs. - Off Street Parking Design/ Maneuverability)

Purpose: See ALT713072 for combine and subdivision of 2 lots. Erect a new Two (2) Family Dwelling on

new 5,923sq. ft Lot proposed project is part of the DND Neighborhood Housing Initiative Program.

Case: BOA-683224, Address: 113 Pleasant Street  , Ward 13   Applicant: Carlos Pereira

Article(s): 65(65-9; Residential Dimensional Regs; Insufficient side yard setback)

Purpose: Demo existing rooftop deck to repair rubber membrane underneath. Rebuild rooftop larger than current according to plans submitted to city

Case: BOA-719027, Address: 114-120 Brookside Avenue  , Ward  11  Applicant: Scott Johnson

Article(s): 55(55-20: Dimensional regs in LI - Floor area ratio is excessive; Building Height excessive) 55(55-19:  Use; Forbidden - Multi Family residential is forbidden in LI sub - district) 55(55-40: Off Street Parking is Insufficient) Purpose: New construction mixed use building per plans. 9 residential units, 11 parking spaces, 3 commercial

spaces.

Case: BOA-707854, Address: 100 Jamaica Street   , Ward  11  Applicant: Christopher Read

Article(s): 55(55-9: Dimensional Regulations - Floor Area Ratio Excessive)

Purpose: Extending living space into the 3rd floor for unit 2. Build out Bathroom, washer, dryer area and

living room.

Case: BOA-711115, Address: 44 Upton Street  , Ward 9   Applicant: Steven Deering

Article(s): 64(64-9; Dimensional Regulations - (4) Townhouse row house extensions into a rear yard about the first story.

Purpose: Construct Rear Decks per Plan at the 1st and 2nd Floor. Amend ALT63715.

Case: BOA-721162, Address: 40 Enterprise Street  , Ward 7   Applicant: Ahmed Nur

Article(s): 65(65-16:Dimensional Regulations - Height Excessive; Front Yard, Other Street (Clapp St) 65-42.1 CEB) 65(65-15: Use Regulations - Trade School (conditional) 25(25-5:Flood Hazard District)              

Purpose: The Pipe - fitters union to demo an existing building and erect a 73,000 sf pipe fitters training office, a four story 65' tall Steel framed structure. The project also includes approximately 120 parking spaces.

Case: BOA-720590, Address: 287-291 Old Colony Avenue   , Ward 7   Applicant: Ryan Hunt

Article(s): 13(13-4:Dwelling in non residential district) 14(14-1: Lot size insufficient - Minimum lot size requirements is insufficient) 14(14-2:Additional Lot Area required - Lot area is excessive) 15(15-1: Floor Area Ratio Excessive) 23(23-1: Off Street Parking (Residential)  is insufficient) 16(16-1:Building Height Excessive - Maximum height requirement is excessive, Maximum       number of stories is excessive) 18(18-1:Front Yard Requirements - Front Yard Setback requirements is insufficient, Front Yard setback requirements along Jenkins Street) 18(18-3:Traffic Visibility at corner - traffic visibility across corner)        

Purpose: Propose to build new 7 Unit condo building, consisting of 7 Residential units and 1 Retail commercial space and Parking under.

Case: BOA-719849, Address: 278 West Fifth   , Ward  7  Applicant: Philip Hresko, AIA/ASLA

Article(s): 68(68-29: Roof Structure Restrictions - Roof structures restricted district) 68(68-8:         Insufficient Front Yard - Front Yard setback requirement is insufficient)

Purpose: Change single family house to a 2-family. Make an addition to the side of the house as well as a new 3rd floor.

Case: BOA-725135, Address: 539-541East Third Street   , Ward 6   Applicant: Timothy Johnson

Article(s): 68(68-34:Appl. of Dim. Req. - Two buildings on the same lot; Two dwellings on one lot) 68(68-08: Dimensional Req. - Side yard setback is insufficient; Usable open space is insufficient; Floor area ratio is excessive) Purpose: This existing two-family dwelling will share its lot to another new dwelling, due to that, new zoning violations will be                created (to be known as 543 E Third ST.) Refer to permit app'l No. ERT656827.

Case: BOA-674105, Address: 543 East Third Street  , Ward  6  Applicant: Timothy Jonnson

Article(s): 57(57-9:Dimensional Regulations - Lot area for the other dwelling units is insufficient; Floor area ratio is excessive; Height is excessive; Required front yard setback is insufficient; Required side yard is insufficient; Required rear yard setback is insufficient; Required usable open space is insufficient) 59(59-37: Off Street Parking - Off street parking design) 57(57-22:Roof Structure Restrictions - Roof structures restricted district) 57(57-27: Application of Dimen Regs - Two buildings on the same lot; Two dwellings on the sale lot)                

Purpose: Erect new 3-story, 2-family dwelling over open parking w/roof deck as per plans submitted. 

Case: BOA-707989, Address: 377 West First Street  , Ward 6   Applicant: Donland Clancy

Article(s): 68(68-8: Dim Reg All in Res Sub Dist - Floor Area Ratio Excessive)

Purpose: Erect a 5 - story, Mixed Use Building. On the Ground Level will be a parking Garage with a commercial Space. On the Upper Floors will be Nine (9) Residential Units. There will be a Common Roof

 Deck for all tenants in building. This is a new application for a previously submitted application under ERT546147. Current plans have undergone significant redesign to eliminate prior height violation. 

Case: BOA-722592, Address: 502 East Third Street   , Ward  6  Applicant: Patrick Mahoney, Esq

Article(s): 68(68-08: Dimensional Req. - Required rear yard setback is insufficient; In this zoning residential

sub district, the main entrance of dwelling shall face the front line) 68(68-33: Off -Street parking /Loading Req's - Off Street parking design (access drive and maneuverability)

Purpose: Erect a new two family building with four spaces. **  Please transfer out of Attorney Mahoney's name prior to issuing building permit **

Case: BOA-716126, Address: 441 Stuart Street  , Ward 4   Applicant: Emily Bozek

Article(s): 48(48-7:Stuart Street Dist. Use. Regs. - The proposed use is a conditional use as it is on the ground level and accessed from the public sidewalk) 48(48-7.1: Ground Level and Cultural Uses Within any proposed project , uses with street frontage located on              the ground level or entered by stairs from a sidewalk entry, except for lobby entrances, are limited to Ground Level Uses and        Cultural Uses, as listed in Appendix B to this Article. All other uses with street frontage which are allowed by this section are conditional uses when located on the ground level or entered by stairs from a sidewalk entry)                

Purpose: Change occupancy to include liquor store. Alteration in an existing space. Construction work includes installation of new flooring, lighting, painting , shelving and millwork.

Case: BOA-721110, Address: 10 Durham Street   , Ward 4   Applicant: Dianne Fayle

Article(s): 16(16-08:Roof Structure Restrictions - In a restricted roof structure district, no roofed structure   designed or used for human occupancy...shall be erected or enlarged on the roof of an existing building is such construction  relocates or alters the profile and/or configuration of the roof or mansard) 32(32-4:GCOD & Applicability - Applicable due to the erection or extension of any structure, where such new structure or extension will occupy more than fifty (50) square feet of lot area)

Purpose: Construct new forth story addition with front and rear decks for Unit #4. Interior renovation to third story.

Case: BOA-722001, Address: 252 Friend Street  , Ward 3   Applicant: Anthony Cardillo

Article(s): 60(60-4:Other protectional Conditions - Remove Proviso

Purpose: Restauranr with takeout. Remove proviso from BZC-22452 previous establishment to create takeout

for new establishment. No work to be done.

Case: BOA-665387, Address: 252 Friend Street   , Ward 3   Applicant: Matthew Matarazzo

Article(s): 6(6-4:Other Cond. necc as protection)

Purpose: Remove Proviso granted to that petitioner only (BZC22452)

Case: BOA-7226618, Address: 401 Main Street  , Ward 2   Applicant: Derric Small, Esq

Article(s): 10(10-01: Limitation of Area Accessory Uses) 62(62-07: Use: Forbidden - Footnote (4); Basement units are forbidden) 62(62-08: Dimensional Regulations - Location of Main Entrance ; Add'l Lot area Insufficient - 1,000sf/ unit req.; Floor area ratio excessive- 2.0max.; Usable Open space; # of allowed habitable stories exceeded)

Purpose: Change the legal occupancy from a two family dwelling to a three family dwelling. 

Case: BOA-696619, Address: 303 Paris Street  , Ward 1   Applicant: Daniel Glissman

Article(s): 86(86-8:Use and Dimen Regulations - Any antenna in a Residential District is a Conditional Use)  

Purpose: Change occupancy to include Wireless Telecommunications Facility. Install nine (9) new wireless antennas and (6) RRU's concealed behind a screen wall enclosure on existing roof of the church rectory and painted to match the building. Install equipment cabinets, gas generator, and associated cables.

Case: BOA-699095, Address: 274-276 Sumner Street  , Ward 1    Applicant: Boris Kuritnik

Article(s): 09(09-01:Reconstruction/ Extension of Nonconforming Bldg. - Six unit in a 3f sub - district)   53(53-56:Off Street Parking - (5) Design; maneuverability) 53(53-9:Dimensional Regulations - Reduction of Insufficient open space per unit; Excessive F.A.R.) 53(53-54: Screening & Buffering Reqs. - Non Proposed) 53(53-52:Roof Structure Restrictions - Alteration of existing roof profile)                          

Purpose: Renovate building including adding living area/ addition 24.8' x 28.4' three stories in height in the rear as well as ground level as per plans and 7 parking spaces in rear, renovations to include a full fire sprinkler and alarm system. Please see ALT 679203for clarification of records of comb bldgs. *(six units)   

Case: BOA-570065, Address: 10 Everett Street  , Ward 1   Applicant: Boris Kuritnik

Article(s): 53(53-9:Dim Reg Applic in Res Sub Dist - Height (35'max); # of allowed stories has been exceeded (3 story max.);   Insufficient open space (300sf/unit min. req); Excessive F.A.R. (1.0 ratio max.); Insufficient rear yard setback (30' min. req.); Insufficient additional lot area per unit (1,000 sf/unit min. req.); Insufficient side yard setback (2.5' required to include, architectural encroachments) 53(53-56.5(a):Off Street Pkg Maneuverability - Car lifts, maneuvering areas,access etc. 53(53-56:Off Street Loading Reg's - None proposed (1 min. req.); Insufficient # of parking spaces(2.0/unit required) 53(53-54: Screening & Buffering - None Porposed) 53(53-:Forbidden - MFR Forbidden (3f-2000sf sub-district)

Purpose: Revised 4/25/17: Construct a 19 unit four story structure with 21 parking spaces.

Case: BOA-721541, Address: 114 Orleans Street, Ward 1 Applicant: Jeffrey Drago

Article: 53(53-56) 53(53-54) 53(53-8) 53(53-9)

Purpose: Raze existing building and erect a five story residential building with 23 units and 25 indoor parking spaces (w 12 stackers) *Razing of structure is to be approved on a separate permit.

Case: BOA-719031, Address: 138 Falcon Street  , Ward  1  Applicant:  Flavio Oliveira

Article(s): 53(53-9: Dimensional Regulations - Insufficient open space)

Purpose: Off Street Parking for one car with curb cut.

Case:BOA-646449 , Address: 599 Cambridge Street  , Ward 21  Applicant: Bidabadi Family LTD Partnership/NAAN, Inc, G.P.

Article(s): 8(8-4) 9(9-2) 51(51-9) 51(51-56) 51(51-53)

Purpose: Demolish existing (2) unit commercial medical and 2 unit residential structure. Erect (14) Residential Units Condominium Project. 4-1/2 story wood frame over steel framed (17) off-street parking.

Case: BOA-585221, Address: 11 Lafield Street , Ward: 16 , Applicant: Mai Phung

Article(s): 65(65-9)

Purpose: Proposed to renovate an existing basement and convert into additional living space for unit #1. And external rear stair case from second floor to ground level as new second mean of egress for unit # 2 & # 3 (as per plans) ref to alt558870

Case: BOA-664792, Address: 44H-44 Mather Street , Ward 17  Applicant: James Christopher

Article(s): 65(65-60-83) 65(65-9) 65(65-41)

Purpose: To change occupancy of existing single family to a 3 family. Square up building and change third floor from pitched roof to a flat roof for third floor to have same footprint as floors below. Add stairs up to new roof deck for 3rd floor unit only as per plans. Building will be fully sprinklered.

Case: BOA-647490, Address: 95 Calumet Street  Ward: 10 , Applicant: Tanes Casting

Article(s): 59(59-7) 59(59-8) 59(59-37)

Purpose: Change of occupancy from three (3) family dwelling to nine (9) unit residential dwelling. Extension of living space to basement. Construct new 3-story rear addition to existing 3-story building. Complete interior renovation with new sprinkler system.

Case:BOA-668415 , Address: 231 Gold Street  , Ward  6 Applicant: Timothy Johnson

Article(s): 14(14-14-1) 14(14-14-2) 14(14-4) 15(15-1) 17(17-1) 20(20-1) 23(23-9)

Purpose: Erect new 4-story, 2-family dwelling w/garage and roof deck as per plans submitted.

Case: BOA-676202, Address:73 Mount Vernon Street  , Ward 5  Applicant: David W. Daniel

Article(s): 13(13-13-1)

Purpose: Build an addition to the third floor of the existing building to match exactly as the first and second floors. Renovate existing FAR areas of the building interior and create new living space. Looking for relief of a pre-existing condition (past work done without a permit) that is being considered a code violation. Add Juliette balconies to the rear of the building. Add a roof deck to the top of the building. (Other costs of construction are reflected on ALT626697).

Case:BOA-692071 , Address: 265 Webster Street  , Ward 1  Applicant: Saratoga Street Properties, LLC

Article(s): 53(53-8) 53(53-9) 53(53-56)

Purpose: Change occupancy from a three family dwelling to a four unit dwelling. Renovate with erect vertical addition and extend living space in basement and upper addition with deck as per plan.

Case: BOA-662224,  Address: 191 Condor Street  Ward: 1 , Applicant: Joe Hassell

Article(s): 53(53-9) 53(53-8) 53(53-54) 53(53-56) 53(53-57.3)

Purpose: Construct new 9 unit residential building with 11 parking spaces.

Case: BOA-662222, Address: 211 Condor Street  Ward: 1 , Applicant: Joe Hassell

Article(s): 53(53-54) 53(53-56) 53(53-9) 52(52-8)

Purpose: Build new 14 unit building with parking spaces.

Case: BOA-711997, Address: 823 East Broadway  , Ward  6  Applicant: George & Mary Balaconis

Purpose: The petitioner's seek a determination that the Inspectional Services Department erred in issuing the permit ALT675164. The Permit was issued as an allowed use. 

Case: BOA-715867, Address: 823 East Broadway   , Ward  6  Applicant: Joan Forbes Barber

Purpose: The petitioner's seek a determination that the Inspectional Services Department erred in issuing the permit

ALT675164. The Permit was issued as an allowed use.  

Case: BOA-673659, Address: 52 Murdock Street   Ward: 22 , Applicant: Peter Berger.

Article(s): 51(51-9; Dimensional Regulations - The proposed deck is within the required side yard setback)

Purpose: Back exterior deck with entrance/ door to Kitchen, this application filed to amend ALT616525.

Case: BOA-717854, Address: 16 Harvard Avenue  Ward: 21 , Applicant: Tania Rydeski

Article(s): 51(51-56; Off Street Parking requirements - Off Street parking requirements is insufficient) 51(51-17; Dimensional Regulations - Flood Area Ratio is excessive) 

Purpose: Change occupancy from Exhibits, Restaurant #37 & 37A, Artists' lofts, performing arts offices, art sales and theatres and karaoke, to include Beauty salon at basement level as per plans.

Case: BOA-720365, Address: 2 Cerdan Avenue  Ward: 20 , Applicant: Susan Flynn

Article(s): 56(56-8; Building Height Excessive, Floor Area Ratio Excessive)

 Purpose: 28x20 Addition off the rear of house. Extension of kitchen and bedroom to include plumbing and electrical.

Case: BOA-722371, Address: 657 West Roxbury Park Way  Ward: 20 , Applicant: John Walsh

Article(s): 29(29-4; Greenbelt Protection Overlay District Applicability - Greenbelt Protection Overlay District review required.) 56(56-8; Side Yard Insufficient - Side Yard insufficient) 

Purpose: Combine Lot B, 37 Pelton parcel #2001819000 with Lot A, 657 West Roxbury Parkway, parcel #2001821000. Existing lot A to receive 4,400 sq feet from Lot B at 37 Pelton. Also add 2 1/2 story addition per plans.

Case: BOA-707666, Address: 144 Aldrich Street  Ward: 20 , Applicant: Carol Meehan

Article(s): 67(67-9; Dimensional Regulations - Side Yard insufficient) 

Purpose: 2 Dormers and second floor remodel.

Case: BOA-711125, Address: 53 Seymour Street  Ward: 19 , Applicant: Francesca Corigliano

Article(s): 09(09-01; Extension of non conforming use is conditional) 67(67-30; Off Street parking screening and buffering) 67(67-33; App. of Dimensional Req. - Off Street parking design (size; access drive; & maneuverability) Purpose: Two parking spaces with curb cut, for the home owner.

Case: BOA-700967, Address: 9 Valley Road   Ward: 17 , Applicant: Michael Soucy

Article(s): 65(65-9; Dimensional Regulations - Insufficient side yard setback. (10' required)

Purpose: One story addition to rear of single family residence; remodeling of existing kitchen and first floor bath; remodeling of 2nd floor bath and roof extension of 2nd floor bath.

Case: BOA-717846, Address: 10 National Street  Ward: 7 , Applicant: Donald Gillespie

Article(s): 68(68-8; Dim reg sub dist - Rear Yard setback is insufficient) 68(68-8; Dim reg sub dist - Side Yard setback is insufficient)

Purpose: reframed/ reinforced exterior walls, floor system and roof rafters. Renovate existing house.

Case: BOA#717845, Address: 10 National Street  Ward: 7 , Applicant: Donald Gillespie

Purpose: Reframed/Reinforced exterior walls, floor system and roof rafters. Renovate existing house. SECTION: 8th 780CMR : 705.8.1 - Allowable Openings; - Allowable Openings are not allowed in exterior walls where the fire separation distance is less than 3ft.

Case: BOA-722593, Address: 1 Ringgold Street  Ward: 3 , Applicant: Patrick Mahoney, Esq

Article(s): 32(32-4; GCOD, Applicability due to the erection or extension of any structure, where such new structure or extension will occupy more than fifty (50) square feet of lot area. Substantially Rehabilitate any structure. 64(64-9; Dimensional Regulations - Excessive Floor Area Ratio) 64(64-9; Dimensional Regulations - Insufficient Rear Yard) 64(64-34; Restricted Roof Structure Regulations - An Open roof deck may be erected on the main roof of a building.) Purpose: Change of occupancy from three - family to single - family dwelling. Construct two-story rear addition with roof deck to maintain existing building alignment on Waltham Street. Full interior renovation.

Case: BOA-717596, Address: 6 Armory Street  Ward: 2 , Applicant: Timothy Sheehan

Article(s): 62(62-25; Roof structure restrictions) 62(62-8; Dimensional Regulations - Floor Area Ratio Excessive)  Purpose: A full interior renovation which will consist of all three existing floors to be gutted and renovated. The existing un-inhabitable Basement will be finished and will have a finished 7' - 6" ceiling height. Two dormers will be added at the 3rd Floor. Installation of a new Shed Dormer with a new Roof Deck accessed by a hatch. There will be a new Front doghouse/ shed combination dormer. We anticipate a ZBA hearing and request the nominal permit fee on the application.

Case: BOA-701927, Address: 106 Elm Street  Ward: 2 , Applicant: Gleidison Peixoto

Article(s): 62(62-8; Dimensional Regulations - Floor Area Ratio Excessive)

 Purpose: Framing basement and finish basement with a bath play room.

Case: BOA-664957, Address: 289 Washington Street   Ward: 14 , Applicant: Tyrone Davis

Article(s): 65(65-8: Office use is forbidden in a 3F-5000 Sub-district)

 Purpose: Change occupancy from newspaper store to office. Complete renovation of existing building. #1374/1964 Newspaper store.