Zoning Board of Appeal hearing

Case: BOA-472319, Address:132 Chestnut Hill Avenue , Ward  12  Applicant: Boston Planning & Development Agency

Case: BOA-664869, Address: 726 Metropolitan Avenue , Ward 18   Applicant: Jerome Foureau

Article(s): 8(8-7) 9(9-1) 69(69-9) 69(69-29) 69(69-37)

Purpose: Change of Occupancy from a 3 family to a 4 family dwelling (already existing living space into the basement) Adding a new kitchen to existing basement.

Case: BOA-733841, Address: 29 Commonwealth Avenue , Ward  5  Applicant: Austin Samson

Article(s): Art. 80 Section 07, Use: Conditional - Private Club use item #301D is conditional in a H-3-65 District. Art. 32 section 04 - GCOD Applicability.

Purpose: Change in Occupancy from commercial office space to private club (private membership required to use all aspects to  the proposed facility). Interior and Exterior renovation as per plans. Repair/ Replace windows. Provide new mechanical, electrical, and plumbing services. Clean and spot ma-sonry as needed. Existing entrance off Berkley to remain ZBA.

Case: BOA-723513, Address: 26 Lawrence Street , Ward 5   Applicant: Boston Green Realty

Article(s): 32(32-6: GCOD Conditional Use - Groundwater Conservation Overlay District Applicability)

Purpose: Confirm occupancy as a single family dwelling. Renovate all floors of single family including basement. Install new kitchen and 2 1/2 Bathrooms. Install new Fire Alarm and Fire Sprinkler systems. No exterior work in this permit. (Zoning review approved in error, please disregard Is.

Case: BOA-721895, Address: 47-53 Farnsworth Street , Ward  6  Applicant: Paul McDonald

Article(s): Art. 32 Section 4, GCOD Applicability

Purpose: Renovation and demo of existing 2 level building, demo existing 1st level and reconstruct to meet existing street grade. New MEP's, elevator, bathrooms, FA/FP associated work.

Case: BOA-735906-, Address: 132 Chestnut Avenue , Ward 12   Applicant: Ruth Silman

Article(s): 51(51-9: Side Yard Insufficient; Rear Yard Insufficient) 

Purpose: Jewish Community Housing for the Elderly -  Erect a new 6 story steel and wood framed building with new driveway and associated site improvements. There will be a Retail / Commercial space on the Ground level. There will be 61 one - bedroom affordable Apartments built above.

Case: BOA-709586, Address:131R Maple Street  , Ward 20   Applicant: James Christopher

Article(s): 56(56-8: Side Yard Insufficient - Rear Yard Insufficient. 56(56-8.2: Lot Frontage 56(56-40.12: Two or more dwelling Same Lot: A Dwelling shall not be built to the rear of another dwelling)

Purpose: Change occupancy of existing garage to include single family

dwelling above located in the rear of existing two family dwelling.

Case: BOA-720481, Address: 350 Jamaicaway , Ward 19   Applicant: Marvin Cine

Article(s): 55(55-8: Use: Forbidden; Office use is forbidden in a 2F -5000 District, Accessory Cultural uses is a forbidden use in a 2F - 5000 District. 55(55-40: Off Street parking is insufficient for office use)

Purpose: Change of use from single family dwelling to an office use. The project site will also include certain accessory cultural uses such as educational displays and programs and house yours at  the Project site.

Case: BOA-726374, Address: 18 Armandine Street , Ward  17  Applicant: christopher Barbour

Article(s): 65(65-9: Dimensional Regulations: Building Height Excessive (Stories): Front yard Insufficient: Side Yard Insufficient - Lot area for each additional dwelling)

Purpose: Change occupancy to a 3 family dwelling. Updating electrical, mechanical and plumbing systems. Update interior/exterior finishes. Build 3 story rear deck and exterior egress stairs, Add full shed dormers both sides to increase 2 1/2 story to 3 story. Install Fire Protection System with no site tanks.  Demo existing garage. Add 3 car parking

Case: BOA-710259, Address: 51 Lawley Street  , Ward 16   Applicant: Timothy Johnson

Article(s): 65(65-41:Off Street Parking & Loading Req: Off Street Parking Design/ Maneuverability.

65(65-9: Dimensional Regulations: Lot Area Insufficient, Floor Area Ratio Excessive, Building Height Excessive, Building Height (# of stories) Excessive. 65(65-8: Use Regulations: Two Family Dwelling - Forbidden, Accessory Parking for a two               family dwelling - Forbidden. 10(10-1: Limitation of Area: Limitation of Area of Accessory Uses) Purpose: Erect a new 4 story, Two (2) Family Dwelling with Rear Deck on an existing 3,557 sq ft Lot There will be a Head house built to access a new roof deck for unit #2. Anticipate a ZBA hearing

Case: BOA-699138, Address: 35 Chickatawbut Street , Ward 16   Applicant: Patrick Mahoney

Article(s): Art. 65 Section 9, Dimensional Regulations - Building Height Excessive, Floor Area Ratio Excessive, Side Yard  Insufficient, Rear Yard Insufficient, Front Yard Insufficient, Lot Size Insufficient, 65-9.2 main entrance must face the front lot line. Art. 65 Section 8, Use Regulations - Two family dwellings, Art. 65 Section 42, Appl. Dimen Reqs - Two buildings on one lot.

 Purpose: Demolish an existing mixed use building, with commercial and 2 residential units. Erect 2 new two family dwellings with 4 units total, each with garaged parking, and create new landscaping. 2 - 2 unit buildings on one lot.            

Case: BOA-727377, Address: 34 Arcadia Street , Ward 15   Applicant: Lorenzo Whitter

Article(s): Art. 09 Sec. 01, Extension of Non Conforming Use: The building is an existing 3 family in a 2 family zone. The      proposed work creates an extension of an existing non-conforming use. Art. 69 Section 9, Dimensional Reg; The extension of  living space into the basement worsens the existing excessive F.A.R.

Purpose: Extend living space to basement in connection with first floor unit - see plans filed.

Case: BOA-715061, Address: 89 Savin Hill Avenue, Ward 13   Applicant: Obrain Stadhard

Article(s): Art. 65 Section 9, Residential Dimensional Regs.: Floor Area Ratio is excessive 

Purpose: Add new bathroom laundry, playroom and home office in basement as part of unit one per drawings.

Case: BOA#715060, Address: 89 Savin Hill Avenue  , Ward  13  Applicant: Obrain Stadhard

Purpose: Add new bathroom, laundry, playroom and home office in basement as part of unit one per drawings. SECTION: 8th 780CMR705.8.1 - Allowable Openings: Openings are not allowed in exterior walls where the fire separation distance is less than 3ft.

Case: BOA-631563, Address: 75 Sydneys Street , Ward 13   Applicant: Choo &Company INC

Article(s): Art. 65 Section 9, Dimensional Regulations - Insufficient Lot Width, Insufficient Lot Frontage, Excessive F.A.R.,   Excessive number of stories, Insufficient Front Yard Setback,  Insufficient Side Yard Setback, Insufficient Rear Yard Setback.                Art. 65 Section 8, Use Regulations - 3 Family is a forbidden use for this location.

Purpose:  Erect a new three family house with roof deck as per plans. Construction plans to be submitted upon ZBA approval. EXISTING BUILDING TO BE RAZED UNDER A SEPERATE PERMIT

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Case: BOA-696299, Address: 250 Centre Street  , Ward  11  Applicant: The Community Builders, Inc

Article(s): Art. 55 Section 17, Dimensional Regulations - Front Yard Insufficient, Usable Open Space Insufficient, Height       Excessive, Floor Area Ratio Excessive Art. 55 Section 16, Use: Conditional - Ancillary parking (conditional), Use: Forbidden -    Multi - Family Dwelling (1st Floor) Forbidden Art. 29 Section 8, GPOD Enforcement

Purpose: 112 units of mixed - income rental housing, first floor retails space, and 50 enclosed parking spaces. LS - LPR

Case: BOA-687968, Address: 3371-3375 Washington Street  , Ward 11   Applicant: Jeffrey Drago

Article(s): Art. 55 Section 41, Application of Dim. Regs.: Two or more dwellings on same lot not permitted.  Art. 55 Section 40              Off Street Parking/Loading Reqs: Insufficient off-street loading, Insufficient off- street parking. Art. 55 Section 20,          Dimensional regs in LI: Insufficient rear yard setback due to 2 buildings on same lot, Insufficient usable open space, Excessive                 building height, Excessive F.A.R. Art.55 Section 19, Use Regs in Local Industrial: Multi-family Residential is a forbidden use in a local Industrial Subdistrict.

Purpose: The proposed job is to combine two lots: Parecl ID 1102584000 and 1102583002. Also, the project seeks to demolish  the existing structure and erect a five-story mixed use building with 33 residential units, 20 parking spaces and ground floor  commercial space. See alsoERT667561 

Case: BOA-704960, Address: 126R Calumet Street  , Ward 10   Applicant: Jack Moriarty

Article(s): Art. 59 Section 7, Use: Forbidden - Five dwelling unit use is. Art. 59 Section 8, Dimensional Regulations - Usable     open space is insufficient, Required Rear Yard is insufficient,            required side yard is insufficient, In a residential zoning district the main entrance of a dwelling shall face the front lot line, Required front yard is excessive, Floor area ratio is excessive. Art. 59 Section 37, Off - Street Parking Insufficient - Required off street parking is insufficient. Art. 59 Section 38, Application of Dim's Regs - Two Dwellings on the same lot.

 Purpose: Renovate existing carriage house into single family as per plans. This is one of two buildings on the same lot.

Case: BOA#704962, Address: 126R Calumet Street  , Ward  10  Applicant: Jack Moriarty

Purpose: Renovate existing carriage house into single family as per plans. This is one of two buildings on the same lot.

City Hall, upon the appeal of Jack Moriarty seeking with reference to the premises at 126R Calumet ST, Ward - 10 SECTION:  8th 780CMR 705.4 - Materials of Exterior Wall: Materials. Exterior walls shall be constructed of materials permitted by the building type of construction.  8th 780CMR705.5 - Fire Resistance Rating: Exterior walls shall be fire rated from both sides where the fire separation distance is less than10ft.   8th 780CMR705.8.1 - Allowable Openings: Openings are not permitted in exterior walls where the fire separation distance is less than 3ft.

Case: BOA-723510, Address: 1455-1459 Tremont  , Ward 10   Applicant: Jeffrey Guilfoil

Article(s): 59(59-15: Use Regulations - Use: Accessory Parking on the First Floor Conditional) 59(59-16: Dimensional             Regulations - Floor area ratio excessive, Building Height Excessive, Rear Yard Insufficient) 59(59-37: Off-Street Parking Insufficient)

Purpose: Demolition of existing Building. Erect new 5 story Mixed -Use Building. On the ground floor will be 4 indoor Parking                 Spaces. 1 Professional Office, One Private Club meeting room, and 1 Restaurant. On floors 2 thru 5 will be 40 Residential Units. There will be a Common Roof Deck for all Building Tenants.     

Case: BOA-698461, Address:293 Northampton Street  , Ward 9   Applicant: David Gottlieb

Article(s): Art.6, Section 4 (Other Conditions Necessary as protection - The current Conditional Use Permit expires on November 30, 2017.

Purpose: To continue to use the premises as a public parking lot for a fee, capacity 19 vehicles with 1 (one) handicap parking spaces and eighteen (18) regular parking spaces beyond the current expiration date of  November 30, 2017, under permit U49344319. 

Case: BOA-698464, Address: 332-340 Summer Street , Ward  6  Applicant: David Gottlieb

Article(s): Art. 6 Section 03A, Additional Conditions in Restricted Parking District: Add'l Conditions are required in rest            parking district. Art. 08 Section 07, Restricted Parking District. Use: Forbidden, Use is forbidden per Item number 58. Art. 25 Section 5, Flood Hazard Districts: Flood hazard district applicability.

Purpose: The owner seeks to continue to use the premises for a parking lot for a fee - capacity 40vehicles under Use permit # 49518206 which expires December 31, 2017  

Case: BOA719823-, Address: 29 A Street , Ward  6  Applicant: Patrick Mahoney, Esq

Article(s): Art. 23 Section 09, Design: Off street parking design (access drive & maneuverability). Art. 20 Section 1, Rear Yard- Minimum rear yard requirement is insufficient. Art.18 Section 1 - Minimum front yard setback requirements(A ST) is               insufficient, Minimum front yard requirement (W 4TH) is insufficient. Art. 17 Section 1, Usable Open Space Insufficient -             Required usable open space is insufficient. Art. 16 Section 1 Building Height Excessive - Building Height Requirement is Excessive. Art. 15 Section 1, Floor Area Ratio Excessive - Floor area ratio is excessive. Art. 14 Section 14-1, lot Size Sufficient-

Minimum lot size requirement is insufficient. Art.14 Section 14-2, Additional Lot Area Required - Lot area required for the add'l dwelling units is insufficient. Art. 14 Section 14-3, Lot Width Insufficient - Floor area ratio is excessive. Art. 13 Section 04- Dwellings in Nonresidential district - Dwelling in a non residential district. Art. 08 Section 07, Use: Conditional - Multi family dwelling unit use is a conditional use in this zoning sub district.

Purpose: Erect new six story residential building containing nine dwelling units, and nine dwelling units, and nine parking spaces (1 HC and eight mechanical stackers). 

Case: BOA-720055, Address: 193-195 State Street , Ward 3   Applicant: Patrick Sharkey

Article(s): Art. 25 Section 5, Flood Hazard Districts. Art. 45 Section 5 Establ. of Protection Areas: Floor Area Ratio excessive.

Purpose: Change occupancy to Hotel (78 Guestrooms). Horizontally extend floors 6-8 to align with main front and rear facade walls. Combine this building with 181-191 State. Construct new guestrooms, modify existing MEPFA and sprinkler systems. All work as per plans.          

Case: BOA-715743, Address:284 Commonwealth Avenue  , Ward  5  Applicant: Bruce Callard

Article(s): Art. 08 Section 07, Use: Conditional - Use Item #10, Lodging House Uses)

Purpose: Construct a new Roof Penthouse / Mezzanine.

Case: BOA-730574, Address: 60 State Street  , Ward 3   Applicant: Nabil Safwan

Article(s): Art. 45 Section 14, Use Regulations, Use: Take-Out Restaurant : Conditional.

 Purpose: Change of occupancy from a Retail Space to a Take-Out Restaurant (Dock Square Cafe). Cost reflected SF712770. 

Case: BOA-718302, Address: 156-164 Bunker Hill Street , Ward 2   Applicant: Angel Acosta

Article(s): Art. 06 Section 04, Other Protectional Conditions - Remove Proviso.

Purpose: To maintain the occupancy and remove Proviso Granted to that petitioner Under BZC#418775 of ALT339689.

Case: BOA-718255, Address: 6 Cook Street , Ward 2   Applicant: Allison Silveira

Article(s): Art. 62 Section 8, Dimensional Regulations - Insufficient Rear Yard Setback, Insufficient Side Yard Setback, Excessive F.A.R. Art. 62 Section 8, Roof structure restrictions.

Purpose: Increase roofline to maximum Allowable height without exceeding local ordinance. Installation of roof deck on back                 portion of house to include extension of living space into the basement area.

Case: BOA-717608, Address: 3 Cook Street Court  , Ward  2  Applicant: Timothy Sheehan

Article(s): Art. 62 Section 8, Dimensional Regulations - Insufficient lot size (2,000sf req.), Excessive F.A.R. (2.0 max.),            Insufficient usable open space per unit (350sf ea. req.), Insufficient Side Yard setback (2.5 req.) Insufficient rear yard setback (20' min req.) 

Purpose: This permit application is for the construction of non attached single family residence approximately 2735 square feet with a garage for a single car,  three bedrooms,  2 1/2  baths and a roof deck accessed by a hatch. We expect to go before the            ZBA as well as neighborhood and BPDA design review.

Case: BOA-719833, Address: 31 Essex Street , Ward  2  Applicant: Douglas Stefanov

Article(s): Art. 62 Section 8, Dimensional Regulations: Floor Area ratio is excessive - Rear Yard Setback requirements is insufficient.

Purpose: Amendment to ALT 667618. Add exterior decks to floors. New bedroom addition on 3rd floor and roof deck.

Case: BOA-723519, Address: 2 Brigham Street , Ward  1  Applicant: Daniel Jacobson

Article(s): Art. 53 Section 09, Dimensional Regulations - Floor Area Ratio Excessive, Height Excessive, Usable Open Space   Insufficient, Side Yard Insufficient, Rear Yard Insufficient. Art. 53 Section 52 - Roof Structure Restrictions. Purpose: Erect 4th Floor addition and deck for unit 3.  

Case: BOA-726159, Address: 245 Cheslea Street , Ward  1  Applicant: Aijack, LLC

Article(s): Art.53 Section 56, Off-Street Parking: None proposed.       

Art. 53 Section 9, Dimensional Regulations: Insufficient rear yard setback (30' min req.), Insufficient side yard setback (2.5' min), Excessive height (35' max. allowed), # of allowed stories exceeded (3 stories max. allowed), Insufficient additional lot area per dwelling unit (4,000sf total req.), Insufficient open space (1,200sf req.), Excessive F.A.R. (1.0 max.) Art.53 Section 8, Use Regulations: MFR dwellings are forbidden within a 3f Sub-district. 

Purpose: This project is seeking to change the occupancy from a 3-family dwelling to a 4-family dwelling. Also, to erect a fourth story addition, rear addition and extend living space into the basement. *AE Flood Zone (EL10)   

Case: BOA-630471, Address: 345-359 Washington Street , Ward: 22 , Applicant: Carolyn Conway

Article(s): 51(51-16)

Purpose: Change of Occupancy to a restaurant, bar with live entertainment operating after 10:30 p.m., and billiard Parlor on the basement and first floor. Rear addition to accommodate a new elevator service first floor To basement as per plans.

Case: BOA-688842, Address: 12 Whitfield Street, Ward  17  Applicant: Joseph Lindesay

Article(s): 65(65-9)

Purpose: Extend living space into basement as per plans.

Case: BOA-617813, Address: 173 Humboldt Avenue, Ward  12 Applicant: John Samaan

Article(s): 50(50-28)

Purpose: Increase lodging from 10 to 20 persons, no work to be done, changing beds from one bed to two per room (previous drawings submitted to indicate building systems)

Case: BOA-613478, Address: 820 William T Morrissey BLVD, Ward: 16, Applicant: Outfront Media, LLC

Article(s): 65(65-40) 11(11-7)

Purpose: Replace both sides/faces of existing 48' wide by 14' high billboard, one side currently Static and the other side Tri-Vision, with new digital signage cabinets. Replace existing steel structure in kind. Change occupancy to include billboard See L/F 0876/2004.

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-656910, Address: 259-263 Gold Street , Ward 7   Applicant: Christopher Poli

Article(s): 13(13-1) 20(20-4)

 Purpose: Combine lots (Parcel ID:0700880000, 0700881000, 0700882000). Erect new 4-story, multi-family dwelling with garage parking, roof deck and exterior deck.

Case: BOA-526603 Address: 33-39 Ward Street,  Ward: 7, Applicant: Niles sutphin

Article(s): 14(14-14.2) 15(15-1) 17(17-1) 18(18-1) 19(19-1) 20(20-1) 23(23-1) 23(23-9) 80(80E-2)

Purpose: Erect new 5 story residential condominium of 24 Dwelling Units above on-grade parking garage accommodating 19 car parking spaces; New building to be primarily wood frame construction;except garage to be 2 Hr rated; All new systems; Fully sprinklered; combine two parcels into one parcel; Demolish all existing structures; as per plans.

Case: BOA-736242, Address: 19 Wall Street   Ward: 2 , Applicant: Pat Locke

Article(s): 62(62-62.08: Open Space Insufficient) 

Purpose: Off Street Parking for 1 vehicle.

Case: BOA-736237, Address: 18 Wall Street   Ward: 2, Applicant: Pat Locke

Article(s): 62(62-08: Usable Open Space Insufficient) 62(62-29: Off Street Parking Design/Maneuverability - Tandem Parking on separate lots) 

Purpose: Off Street Parking for 1 vehicle.

Case: BOA-726086, Address: 15 Walker Street   Ward: 2 , Applicant: Bryan Engles

Article(s): Roof structure restrictions) 62(62-8: Dimensional Regulations -Insufficient Rear Yard) 

Purpose: Construct roof deck.

Case: BOA728276-, Address: 22 Albion Place   Ward:  2, Applicant: Christian Poyant

Article(s): 10(10-1: Limitation of parking areas) 62(62- 62.29: Off Street parking requirements - Design size, Maneuverability, buffer) 62(62-08: Dimensional Regulations - Reduction in usable open space)

Purpose: Install curb cut to rear patio of condo unit and provide for 2 compact parking spaces on the property.

Case: BOA-723587, Address: 27 Eastman Street   Ward: 7 , Applicant: Christine Briscoe

Article(s): 65(65-: Floor Area Ratio Excessive - Building Height Excessive (Stories)

 Purpose: Extend living space to attic for additional bedroom and closet in an existing single family residential dwelling.

Case: BOA-724715, Address: 772-778 Adams Street   Ward: 16 , Applicant: Landmark Public House

Article(s): 65(65-15: Use Regulations - Restaurant with Live Entertainment not operating after 10:30pm is Conditional Use, Restaurant with Live Entertainment operating after 10:30pm is Forbidden Use)

Purpose: Landmark Public House - Change Occupancy to include live entertainment operating before and after 10:30pm to existing restaurant.

Case: BOA-734001, Address: 34 Westglow Street   Ward:16  , Applicant: Jeremiah Foley

Article(s): 65(65-42.2: Conformity w Ex Bldg Alignment) 65(65-9: Side Yard Insufficient) 

Purpose: Confirm Occupancy as an existing single family home. Remove damaged existing front porch and replace with new porch.

Case: BOA-728516, Address: 121 Wilmington Avenuue   Ward:  17, Applicant: Nancy Ngo

Article(s): 65(65-9: Dimensional Regulations - Excessive F.A.R.; # of allowed stories has been exceeded)

Purpose: Amend ALT697592 to extend living area into basement and attic area. All cost and fees reflected on ALT697592. (Previous review performed by FD). Full costs were included in original ALT.

Case: BOA-699465, Address: 39 Rosedale Street   Ward: 17 , Applicant: Paulo Mendes

Article(s): 65(65-9: Dimensional Regulations) 

Purpose: Extend living space to basement in existing single family residential. Finish basement walls, add a bathroom, laundry, and a wet bar. Construct new exterior stairs and doors for new means of egress.     

Case: BOA-730348, Address: 44 Maynard Street   Ward: 18 , Applicant: Maria Farias

Article(s): 09(09-01: Extension of Non Conforming Use - Two family dwelling in a 1F -6000)

Purpose: Frame 6' x 8' Bathroom. Install 30" x 30" Sky light.

Case: BOA-728185, Address: 1090 River Street   Ward: 18 , Applicant: Simon Demosthene

Article(s): 69(69-9: Dimensional Regulations: Floor Area Ratio Excessive, Side Yard Insufficient, Rear Yard Insufficient)

 Purpose: Confirm Occupancy as a single family dwelling. Enclose rear porch attached to the property. Frame with 2x6, install sidings, two windows, and a door and insulate. Total square footage is 104 square ft.

Case: BOA-721551, Address:  20 Chapin Avenue  Ward: 20 , Applicant: Tom Timko

Article(s): Left Side Yard Insufficient ; Floor area ratio is excessive; Rear Yard Insufficient)

Purpose: : Confirm as an existing 1 family dwelling. The owners of 20 Chapin Avenue are proposing to renovate Kitchen, plus add a Family Room and an additional Bedroom to accommodate the needs of their growing family. The proposed new work is all on the first floor, and has been kept low in scale in order to minimize the impact on the existing property and the           neighborhood.

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.