Zoning Board of Appeal Hearing

October 16, 2018 & October 30, 2018

Case: BOA-616423 Address: 482 West Broadway Ward  6 Applicant: George Morancy, Esq

Case: BOA-649308 Address: 1258-1262  Massachusetts Avenue Ward   7 Applicant: George Morancy, Esq

Case: BOA-649316 Address: 1268-1272 Massachusetts Avenue Ward  7 Applicant: George Morancy, Esq

Case: BOA-558655 Address: 48-62 Brookline Avenue Ward 5  Applicant: Michael Maurello

Case: BOA-594105 Address: 157 Cottage Street  Ward  1 Applicant: Brian Scagliola

Case: BOA-874413 Address: 77 Warren Avenue Ward 4  Applicant: Patrick Mahoney, Esq

Article(s): 32(32-4)

 Purpose: Full renovation to existing single family building. Excavate basement for new ceiling height. Extend living space to basement.  Propose new exterior windows and doors.

Case: BOA-851232 Address: 43 Trapelo Street Ward  22 Applicant: Alex Bush

Article(s): 51(51-9) 51(51-9) 51(51-9) 51(51-9) 51(51-9)    

 Purpose: Renovations to the Building including a small, Rear addition and new Dormers to the existing 3rd Floor.

Case: BOA-781861 Address: 32-46 Brooks Street  Ward  22 Applicant: Mesut Kara

Article(s):  06(6-4)

 Purpose: Remove proviso from BZC-29362 and change to current owner.

Case: BOA-796556 Address: 9 Mansfield Street Ward  22  Applicant: We Close the Deal LLC

Article(s):  51(51-8) 51(51-9) 51(51-9) 51(51-9) 51(51-57.2) 51(51-56)

 Purpose: Demolish existing single family structure. Erect new six (6) residential units dwelling with six (6) off-street parking.

Case: BOA-895596 Address: 2193-2201 Commonwealth Avenue Ward  22  Applicant: John Pulgini

Article(s): 51(51-16)

 Purpose: Playa Bowls- Change Occupancy to include Smoothie shop. Demo existing Realty Office.  Proposed Restaurant fitout for new Smoothie/Food service space.

Case: BOA-885363 Address: 38 Englewood Avenue Ward  21 Applicant: Jonathan Berit-Parkes

Article(s): 51(51-9: Lot area for additional dwelling units, side yard, rear yard insufficient; Floor area ratio excessive) 51(51-56) off street parking insufficient 51(51-56.5 off street parking design)

Proposed: Renovation and Addition of existing three(3) family building into Eight (8) dwelling unit building. The

proposed rear addition is 3 stories above grade and does not pass existing structure height.

Case: BOA-864000 Address:  11 Leniston Street Ward 20  Applicant: Dan De Angeli

Article(s): 67(67-9) 67(67-9)

 Purpose: Extend living space to attic to include master bedroom and bathroom to existing single-family dwelling.

Case: BOA-871140  Address: 3-7 Poplar Street Ward 20  Applicant: Russell Flynne

Article(s):  67(67-12) 67(67-12) 67(67-32)

 Purpose: Adding 2 stories to include 8 residential apartments above existing building.

Case: BOA-886105 Address: 17-21 Poplar Street Ward 20  Applicant: Rafiha Azrak

  Article(s): 67(67-11)

 Purpose: To address occupancy noted in ISD violation #V391810 (The ISD occupancy has a social hall occupancy on 2nd floor offices area).

Case: BOA-89357 Address: 659 Centre Street Ward 19  Applicant: Katie Alaimo

Article(s): 09(9-1) 55(55-17) 55(55-17)

Purpose: Construction of exterior freezer and storage improvement.

Case: BOA-856626 Address: 208 Neponset Valley Park Way Ward  18 Applicant: Kiera McKinney

Article(s): 29(29-4) 69(69-11) 69(69-12) 69(69-12) 69(69-12) 69(69-12) 68(68-33)

Purpose: Combine lot A parcel# 1809836000 with Lot B Parcel# 1809835000 to become one lot and erect a new 7Unit Residential building with Parking under  as per plans supplied.

Case: BOA-856534 Address: 26 Glide Street Ward 16  Applicant: Ted Ahern

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

Purpose: Remove existing Attic space and reframe roof to create more space to the existing structure. This addition will stay within the foot print of the existing building.

Case: BOA-864614 Address: 118-120 Granite Avenue Ward 16  Applicant: Daniel Perry

Article(s):  9(9-14) 65(65-9)

Purpose: Roof Deck.

Case: BOA-794211 Address: 19 Inwood Street Ward  15 Applicant: Jose Pina

Article(s): 65(65-8) 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-41)

Purpose: Combine existing Lots.  Change Occupancy from a Three Family Dwelling to a Six Family Dwelling.  Construct a new 3 story addition onto existing Three Family Dwelling.  Building to be fully Sprinklered.

Case: BOA-857595 Address: 34 Church Street Ward   15 Applicant: Jeremy Davidson

Article(s): 65(65-9)

Purpose: New roof deck built on existing flat roof. New stairs extending from 3rd floor to roof deck.

Case: BOA-859079 Address: 14-16 Cushing Avenue Ward  13 Applicant: Alicia Meyers

Article(s): 09(9-1)

Purpose: Add infants ages 6 weeks -15 months increasing capacity from 35 to 54.

Case: BOA#859080 Address: 14-16 Cushing Avenue Ward 13  Applicant: Alicia Meyers

Purpose: Add infants ages 6 weeks-15 months, increasing capacity from 35-54.

Section: 780 CMR 1007, 9th Edition- Exit and Exit Access Doorway Configurat - Two Exits are required from each classroom and exits need to be remote from each other, no less than half the longest diagonal of the space. Classroom #3 exits are to close each other.    

Case: BOA-859209 Address: 26 Willis Street Ward 13  Applicant: Derric Small

Article(s): 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-9)65(65-41.5) 65(65-14.3)

Purpose: Demolish existing structure, erect a three-family dwelling. Existing building to be razed under a separate short form permit.

Case: BOA-850023 Address: 175 Howard Avenue Ward 13  Applicant: Hugo Correa Fiho

Article(s): 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 

Purpose: Erect a New Two Family Dwelling; Job description: • Furnish all necessary labor, supervision & tools for the below work. The proposal includes: Framing & Rear Decks Framing & Finish • Install Foundation and Slab per plan • Install Sill Sealer • Install Sill Plates • Install 2x6 Exterior Walls • Install Exterior Sheathing • Install Headers • Install Posts • Install LVL Beams • Install Clips, Hangers And Connectors For Our Work • Install Floor Joist And Sistered Floor Joists • Install Rough Framing Interior Stairs • Install Interior Partitions • Install Subfloor Infills • Install Window Framing • Install Windows • Install Exterior Doors • Install Roof Framing Per Plans Structural • Install Rough Framing and Finish For Rear Decks And Stairs • The subcontrac-tor is responsible for all safety during framing and deck installation • Provide a clean and safe workplace • Clean to dumpster provided by Contractor • Install Finish trim • Paint and Plaster • Supervise all sub-contracts on site

Case: BOA-844566 Address: 35 Dade Street  Ward 9  Applicant: Peter Vanko

Article(s): 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-44)

Purpose: New 4 story, (2) family dwelling to be known as "35 Dade St". The lots for the proposed building are the product of lot subdivisions produced under companion projects ALT812352 (38 Williams), ALT812353 (40 Williams).

Case: BOA-863406 Address: 28 Upton Street Ward 9  Applicant: David Arrowsmith

Article(s): 64(64-34) 64(64-34) 64(64-34)

Purpose: Double 2x12 sleepers at all structural locations per plans. 60" x 60" opening for roof hatch per plans. 2x6 platform and salter spiral staircase per plans. Installation of structural steel beams per plans mechanically fastened. 2x12 deck frame per plans. Trex Decking and Railings. Exterior Alterations propose a 340sf roof deck to

 be accessed via spiral stair.

Case: BOA#863408 Address: 28 Upton Street Ward  9 Applicant: David Arrowsmith

Purpose: Double 2x12 sleepers at all structural locations per plans. 60" x 60" opening for roof hatch per plans. 2x6 platform and salter spiral staircase per plans. Installation of structural steel beams per plans mechanically fastened. 2x12 deck frame per plans. Trex Decking and Railings. Exterior Alterations propose a 340sf roof deck to

 be accessed via spiral stair.

 SECTION: 780CMR, 9th Edition Section 1011.12.2; Roof Access: Where a stairway is  provided to a roof located 4 stories or > from grade, access to the roof shall be provided through a penthouse.

SECTION: 780CMR, 9th Edition Section 1011.10 Spiral stairways; Spiral stairways are only permitted to be used as a component in the means of egress from a space which is not more than 250sf.

Case: BOA-854014 Address: 903-909 Massachusetts Avenue Ward  8  Applicant: EJT Management

Article(s): 50(50-32) 09(9-2)

Purpose: Actual Description: Combine addresses of  903 ,905, 907 AND 909 MASS. AVE.  (LOt #'1 (26,814 sf, lot#2 (46219sf), Lot#3 (2956sf) in common ownership byThomas Scott H TS (Massachusetts investment nominee Rlty trust) per Stamped Land Survey submitted with a total lot size of (76729sfTBD) to correct ISD building jacket, then, change occupancy to garage with Taxi Dispatch, office and service(no work to be done.)  

Case: BOA-857422 Address: 42 Thomas Park  Ward  7 Applicant: Mark Little

Article(s): 68(68-8)

 Purpose: Construct rear deck with spiral stairway on existing two-family dwelling.

Case: BOA-893387 Address: 1662 Columbia Road Ward 7  Applicant: Doris Rooney

Article(s): 27S(27S-5) 68(68-8) 68(68-29)

 Purpose: Renovation of existing 3 family dwelling . Replace rubber roof , windows and siding , extend living space into basement . Install new sprinkler system ,extend front and rear stairs to roof for new deck access , demo garage and rear decks to create 3 parking spaces as per plan.(see sf844692 for garage demo ,3 family interior demo,new roof and windows,u49844658 for parking)

Case: BOA-878021 Address: 18 Mount Vernon Street Ward 7  Applicant: Thomas Bierbaum CEO, Volunteers of America of Massachusetts Inc.

Article(s): 65(65-9)

 Purpose: Enclose exiting porches for living space

Case: BOA-872527 Address: 409 East Seventh Street Ward 7  Applicant: Timothy Sheehan

Article(s): 68(68-8) 68(68-33) 68(68-33)

Purpose: Propose four (4) off-street parking accessed by shared driveway. See plan ALT821748.

Case: BOA-872531 Address: 409 East Seventh Street Ward  7 Applicant: Timothy Sheehan

Article(s): 68(68-8) 27S(27S-5)

Purpose: Change of occupancy from two-family to three-family dwelling. Construct rear addition. Renovate existing building, replace new exterior sidings and windows. Propose eight (8) off-street parking filed under U49861758 and U49861767

Case: BOA-872523 Address: 411 East Seventh Street Ward 7  Applicant: Timothy Sheehan

Article(s): 68(68-7) 68(68-8) 68(68-33)  68(68-33)

Purpose: Propose four (4) ancillary parking accessed by shared driveway for 409 East Seventh Street. See plan ALT821748.

Case: BOA-873270 Address: 105 West Third Street Ward  6 Applicant: George Morancy

Article(s): 57(57-9) 57(57-9) 57(57-22) 

 Purpose: Amend application ERT618507, as approved by ZBA, to add two roof decks with headhouse access, as per plans, and to add garage door as required by BPDA design review.

Case: BOA-876216 Address: 148 Athens Street  Ward 6  Applicant: George Morancy

Article(s): 27S(27S-5) 68(68-8)  68(68-8) 68(68-8) 68(68-8) 68(68-33)

 Purpose:  Erect new 4-story two-family dwelling with rear deck. Propose (2) off-street parking on the ground floor as per plans.

Case: BOA-860197 Address: 141 I Street Ward 6  Applicant: Kris McCabe

Article(s): 27S(27S-5) 68(68-8)  68(68-8) 68(68-33) 68(68-33)

 Purpose: Change of occupancy from a one-family dwelling to a two-family dwelling. Construct 2-story rear addition. Extend living space to basement for Unit #1. Full renovation. Propose one (1) off-street parking at rear. 

Case: BOA-879362 Address: 225 Beacon Street Ward 5  Applicant: Sea-Dar Construction

Article(s): 13(13-1)

 Purpose: Construct new roof deck. Amend ALT755583. All costs filed under A793065

Case: BOA-855955 Address: 11 Chestnut Street Ward  5 Applicant: Clinton Garrett

City Hall, upon the appeal of Clinton Garrett seeking with reference to the premises at 11 Chestnut Street, Ward 05 for

Article(s): 9(9-1) 15(15-1)

 Purpose: Selective Remodel throughout townhouse. 1 new kitchen. 4 new bathrooms. New floors, ceilings, trim & finishes throughout.

Case: BOA-818164 Address: 121-123 Beach Street Ward  3 Applicant: Robert Tuckett by Chris Rapczynski

Article(s): 44(44-5) 44(44-6)

 Purpose: Legalize existing condition of roof deck and renovate per plans.

Case: BOA-849600 Address: 279 North Street Ward  3 Applicant: Daniel Toscano

Article(s): 9(9-1) 32(32-4) 54(54-13) 54(54-13) 54(54-13) 54(54-18)

 Purpose: Seeking to change the occupancy from a four-family dwelling to a three-family dwelling, to renovate the building, and to extend living space into the basement. Renovations will include a second, third, and fourth story addition to extend living space. Also to erect a new, fifth story addition with a roof deck.

Case: BOA-812800 Address:  66R Cambridge Street Ward  2  Applicant: Edward Owens

Article(s): 11(11-6) 11(11-7) 62(62-18) 62(62-28)

 Purpose: Fabricate and install 2 Digital Billboards to a height of 90' on-premises.

Case: BOA-890701 Address: 656 Saratoga Street Ward 1  Applicant: Aresco Family Limited Partnership

Article(s): 53(53-56) 53(53-56.5.a) 53(53-8) 53(53-9: F.A.R excessive; number of stories & max allowed height exceeded) 53(53-54) 53(53-57.2)

Purpose: Combine lots with parcel numbers, 0100764000, 0100767000, 0100768000, 0100789000, and

0100788000 to create one lot consisting of 16,501 s.f. and erect a 45 unit residential dwelling. See

also ALT800400. ( Survey descriptions corrected 3.15.18)

Case: BOA-848572 Address: 3-3G Walley Street Ward  1  Applicant: Walley Three LLC

Article(s): 53(53-25) 53(53-54) 53(53-56) 53(53-26)

Purpose: Raze existing building and erect an 8 Unit residential dwelling. Assessors map identifies lot size detail for parcel #0101574001 to be 3,379sf. Existing structure to be razed on a separate permit.

Case: BOA-870470 Address: 2 Brigham Street Ward 1  Applicant: Daniel Jacobson

Article(s): 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-52)

Purpose: Erect 4th floor addition and deck for unit 3                             

Case: BOA-820537 Address: 20-23 William C Kelly Square Ward 1  Applicant: Rulver Hernandez

Article(s): 07(7-4) 53(53-11)

 Purpose: Remove proviso for sit down w/Take out change to La Gran Manzana and add live entertainment. Include front outdoor seating for 20. Add new bathroom and increase occupant load from 78 to 98 persons GROSS

Case: BOA-848569 Address: 113-115 Falcon Street Ward  1 Applicant: 113 Falcon, LLC

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

 Purpose: Erect a 4 story, Six ( 6 ) Unit Residential Dwelling with Parking Garage under Building.  Lot Combined under ALT835818.

Case: BOA-854182 Address: 197-207 Maverick Street Ward 1  Applicant: 205 Maverick Street LLC

Article(s): 10(10-1) 53(53-8) 53(53-8) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-56) 53(53-56) 53(53-54) 53(53-56.5)

 Purpose: Erect a new five-story mixed-use building with two local retail/commercial spaces on the ground floor, 55 residential units on the upper floors and 34 off-street garage parking spaces. Building will include bike storage, courtyard, patio, balcony and roof decked open space and related improvements. Demolition of existing commercial structure will be on separate permit.

Case: BOA-884323 Address: 41-43 Westland Avenue Ward  4 Applicant: Catamount Westland LLC

City Hall, upon the appeal of Catamount Westland LLC seeking with reference to the premises at 41-43 Westland Avenue, Ward 04 for the terms of the Boston Zoning Code (see Acts of 1956, c. 665) in the following respect: Interpretation 

Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the Violation Notice V387256

Case: BOA-892970 Address: 91A Baker Street Ward  20 Applicant: Michael and Maria Keville

City Hall, upon the appeal of Michael and Maria Keville seeking with reference to the premises at 91A Baker Street, Ward 20 for the terms of the Boston Zoning Code (see Acts of 1956, c. 665) in the following respect: Interpretation 

Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the permit  ERT476672, The permit was issued as an allowed use.

Case: BOA-877912, Address: 105 Pembroke Street   Ward: 4 Applicant: Paul MacNeely

Article(s): 64(64-9.4) 

Purpose: Construct new 16 x 20 deck/balcony, metal frame with wood joists, install trex decking and steel painted railings.

Case: BOA-880385, Address: 163 Newbury Street   Ward: 5 Applicant: Plant-Based Pizza Boston, LLC

Article(s): 8(8-7) 

Purpose: Create outdoor seating area in lower patio for 30 people. Patio is below sidewalk grade at Newbury St. Associated with ALT to change use to restaurant.

Case: BOA-880391, Address:  163 Newbury Street  Ward: 5 Applicant: Plant-Based Pizza Boston, LLC

Article(s): 5(8-7: Use item #37 restaurant & Use item #36A conditional) 

Purpose: Interior fit-out for restaurant at ground floor. Change existing building use and occupancy to include one restaurant with use item No. 37 with Takeout Use Item 36A, and to provide outdoor patio seating in conjunction with the same.

Case: BOA-876897, Address: 523 East Fifth Street   Ward: 6 Applicant: Douglas Stefanov

Article(s): 27S(27S-5) 68(68-29) 68(68-8)

Purpose: Renovate the interior and exterior finishes of an existing 2 story single family home and build new 3rd Floor as well as build a 2 story addition to the rear of the house with basement and roof deck above. All Doors, Windows, and Finishes to be replaced with new.

Case: BOA-866356, Address: 806 East Third Street   Ward: 6 Applicant: Adam Dizdari

Article(s): 27S(27S-5) 68(68-8: Usable open space insufficient & Side yard insufficient) 

Purpose: Change of occupancy to a two-family dwelling. Full interior renovation of two-family dwelling. Extend living space to basement. Add second means of egress by extending exterior rear porch with new roof. Propose (2) off-street parking.

Case: BOA-868581, Address: 293 Silver Street   Ward: 6 Applicant: Timothy Johnson

Article(s): 68(68-29) 68(68-8)

Purpose: Erect new roof deck to be accessed by existing headhouse as per plans submitted.

Case: BOA-861576 Address: 413 West Fourth Street   Ward: 7 Applicant: Sara Mills

Article(s): 68(68-33) 68(68-8)

 Purpose: Change of occupancy from single-family dwelling to two-family dwelling. Legalize existing two-family dwelling.

Case: BOA#861575, Address: 413 West Fourth Street  Ward: 7  Applicant: Sara Mills

Purpose: Change of occupancy from single family dwelling to two family dwelling. Legalize existing two-family dwelling. Section 9th 780 CMR R311 Means of Egress. R311.1 Means of Egress (MA Amendment). Dwelling units shall be provided with a primary and secondary means of egress in accordance with this section. 9th 780 CMR R311 Means of Egress. R311.7.6 Landings for stairways. There shall be a floor or landing at the top and bottom of each stairway. The width perpendicular to the direction of travel shall be not less than the width of the flight served.

Case: BOA-855613, Address: 64 Pleasant Street   Ward: 13 Applicant: Huyen Nguyen

Article(s): 9(9-1) 10(10-1) 65(65-8)

Purpose: Use premises for outdoor sale and display of 3 motor vehicles.

Case: BOA-868656, Address: 646 Blue Hill Avenue    Ward: 14 Applicant: Phi Hong Dang

Article(s): 60(60-16)

Purpose: Changing Occupancy from Convenient to Nail Salon.

Case: BOA-888979, Address: 98 Myrtlebank Avenue   Ward: 16 Applicant: James Christopher

Article(s): 65(65-9: Floor area ratio excessive, Bldg height excessive (stories) & Side yard insufficient)

Purpose: To construct a new shed dormer to increase living spaces as per attached plans.

Case: BOA-877180, Address: 100 Garfield Avenue   Ward:  18 Applicant: Williston Johnson

Article(s): 9(9-1) 69(69-9: Excessive F.A.R. & Insufficient rear yard setback) 

Purpose: To erect a vertical addition from the existing basement up to the 1st floor and 2nd floor.

Case: BOA-876850, Address: 44 Osceola Street   Ward:  18 Applicant: Ruben Laorche

Article(s): 69(69-9)

Purpose: To build 14' x 13' unheated sun room on sonatube footings with 4' x 4' landing and stairs.

Case: BOA-871895, Address: 215 West Street   Ward: 18 Applicant: Miguel Santiago

Article(s): 69(69-9)

Purpose: Proposed to build a new addition for a master bedroom with new bathroom, new rear deck and stairs, new front addition.

Case: BOA-873216, Address: 14-16 Whitford Street   Ward: 18  Applicant: Patrick Mahoney, Esq

Article(s): 67(67-33) 67(67-9: Insufficient additional lot area per dwelling unit, Excessive F.A.R., Insufficient usable open space per dwelling unit, Insufficient front yard setback & Insufficient side yard setback)

Purpose: Construct a 20x30 addition creating a second dwelling. Change occupancy from one family to 2 family as per plans.

Case: BOA-845989, Address: 28 Bogandale Road   Ward: 20 Applicant: Tyler Gilbreath

Article(s): 56(56-8)

Purpose: Add 14X30 2 story addition to house.

Case: BOA-862309 Address: 82 Clement Avenue    Ward: 20  Applicant: Christopher Counihan

Article(s): 56(56-8: Floor area ratio excessive & Side yard insufficient)

Purpose: Remove roof of existing cape style house. Addition of 16 x 31 full basement at rear. Add full second floor.

Case: BOA-891122, Address: 182 Durnell Avenue   Ward: 20 Applicant: Emily Haber

Article(s): 67(67-9) 

Purpose: Construct one-story addition containing bedroom and bathroom built with wood-framed construction on concrete foundation on existing single-family dwelling.

Case: BOA-854922, Address:  2 Ledgewood Road  Ward: 20  Applicant: Pramond Pandey

Article(s): 56(56-8: Excessive F.A.R. & Insufficient rear yard setback)

Purpose: Demolish an existing addition (approximately 150 SF) and install a new addition in its place. The new addition will be two stories where the existing is only one story.

Case: BOA-855084, Address: 197 Weld Street   Ward: 20  Applicant: Rodney Vanderwarker

Article(s): 56(56-8)

Purpose: Adding a Shed Dormer, Exterior re-shingling and bathroom renovation.

*Expanded Criteria for Subcommittee

*Compact Dwelling Units With The BPDA