Zoning Board of Appeal Hearing

SEPTEMBER 15 & 27, 2022

Case: BOA-946259 Address: 30 Cumberland Street Ward 4 Applicant: Hezekiah Pratt, AIA

Case: BOA-759563 Address: 80 Marginal Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA-1343873 Address: 46 West Cedar Street Ward 5 Applicant: David McMahon

Article(s): Art. 13 Sec. 13 1 Existing and proposed FAR is excessive. Art. 32 Sec. 32 4 Groundwater Conservation Overlay District, Applicability

Purpose: Demolition of an existing single-story brick “L” and the illegal roof deck above. New construction includes a new addition to the full rear of the existing house. The proposed addition will be one story with a new roof deck above. This will be an extension of the existing living space.

Case: BOA-1393201 Address: 220 Clarendon Street Ward 5 Applicant: Insomina Cookies

Article(s): Art. 08 Sec. 03 Conditional Uses -Retail catering (36A) cookie bakery

Purpose: Change of occupancy to include a cookie shop (Use 36A) in street level storefront. Fit out to include equipment, restrooms and utilities as per plans.

Case: BOA -1392781 Address: 9 West Broadway Ward 6 Applicant: 618 Holdings LLC

Article(s): Article 68, Section 29 Roof Structure Restrictions - Roof Deck The proposed Penthouse alters roof profile.

Purpose: Install roof deck this application is for refusal letter only.

Case: BOA-1363933 Address: 140-140A D Street Ward 6 Applicant: Casey Tenney

Article(S): Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Usable Open Space Insufficient Art. 68 Sec. 33 Off Street parking Req. Article 68, Section 8 Add'l Lot Area Insufficient

Purpose: Change of occupancy from store, one family to two family. Rear building addition, interior remodel. Current structural building to stay intact.

Case: BOA-1363952 Address: 584-586 East Broadway Ward 6 Applicant: Heather Carbone

Article(s): Article 68, Section 7 Body art establishment use: Forbidden.

Purpose: Interior renovation of existing commercial and residential space. Occupancy change from 1 commercial unit (yoga studio) and 2 residential units to 2 commercial units (1 Yoga Studio, 1 Body Art Establishment) and 2 residential units. Increasing the living space in the residential units.

Case: BOA-1368775 Address: 196-198 West Broadway Ward 6 Applicant: Richard Rowland, Jr.

Article(s): Article 68, Section 7 Fitness Facility Forbidden

Purpose: Change occupancy of retail store to fitness facility.



Case: BOA -1369883 Address: 8-10 Mercer Street Ward 7 Applicant: Mark Little

Articles Art. 68 Sec.08 Insufficient additional lot area per unit. Art 68 Sec 8 Excessive f.a.r. Art 68 Sec 8 Excessive building height in sub district Art 68 Sec 8 Insufficient open space Art 68 Sec 29 Roof Structure Restrictions - Parcel max allowed building height has been exceeded

Purpose: Erect new four story building with five dwelling units, two fourth story decks, rear balconies at second and third stories, and 10 accessory off street parking spaces. (5 Stackers1/1) Parking access to be provided by driveway shared with 12 Mercer Street. 8 Mercer Street lot and 10 Mercer Street lot are being combined under ALT1056673. The purpose of this application is to convert the issued permit numbered ALT1056666(REVOKED) to an ERT permit, as the previously existing structure was damaged during reconstruction and was razed. All zoning relief was granted under ALT1056666 and BOA1066911 and is active and valid. (REVOKED) Zoning relief for 12 Mercer Street, for shared driveway, was granted under U491056686 and BOA1066917 and is active and valid. (Not yet issued)

Case: BOA -1341429 Address: 83 Corbet Street Ward 17 Applicant: Steven Franc

Article(s): Art. 60 Sec. 09 Rear yard insufficient Art. 60 Sec. 09 Side yard insufficient Art. 60 Sec. 40 Off street parking insufficient

Purpose: Proposed to change a one family to a two family.

Case: BOA -1392117 Address: 1161 Adams Street Ward 17 Applicant: 6 Adams Street LLC

Article(s): Article 65, Section 41 Off Street Parking & Loading Req Article 65, Section 32 NDOD Review Required

Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Rear Yard Insufficient Article 65, Section 8 Use Regulations - MFR is a forbidden use in a 1F 5000 sub district

Purpose: The project consists of 29 multifamily units in 5 floors with underground structured parking for each market rate unit. The site consists of 1161 Adams Street and 1169 Adams Street (2 Lots). Both lots have existing single story buildings on them which will be demolished.

Case: BOA-1377517 Address: 260 Roslindale Avenue Ward 20 Applicant: Nadine & Chelsea Powell

Article(s): Article 67, Section 32 Off Street Parking - Removal of garaged parking

Purpose: Removal of attached garage (SF cost $15,000.00) and build a 2 1/2 story addition in place of garage. Extension of living space to basement for Mudroom, and additional gross area added to 1st & 2nd story in place of garage. Scope of single family remodel includes new electrical/plumbing, and existing HVAC to extend to addition.

Case: BOA-1370747 Address: 124-126 Kenrick Street Ward 22 Applicant: Pat McKenna

Article(s): Article 51, Section 8 Use: Forbidden Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient

Purpose: Addition to property. work on existing property: interior demolition, new kitchens and bathrooms, new plaster, sheetrock, trim, doors and siding update electrical and plumbing. *This is for initial application to get refusal letter.

Case: BOA-1395028 Address: 516 Sumner Street Ward 1 Applicant: Michael Stuchins

Article(s): Art. 53 Sec. 08 Forbidden - Multifamily use Art. 27G E Boston IPOD Art. 53 Sec. 56Off Street Parking - Required: 1.5 spaces Art. 53 Sec. 09 Floor Area Ratio Excessive - Max. allowed: 1 Existing: 1.22 Proposed: 2.36

Article 53, Section 9 Add'l Lot Area Insufficient - Min. lot area required: 4,000 sqft Proposed: 2,500 sqft Article 53, Section 9 Usable Open Space Insufficient - Min. required: 300 x 4 units = 1,200 sqft Article 53, Section 9 Bldg Height Excessive (Feet) - Max. allowed: 35' Proposed: 42' 5" Article 53, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 3 Proposed: 4

Purpose: Confirm occupancy as 3 family and store and change to a 4 family. Renovate the building including adding a rear addition, (r.d. eliminated from scope 09/29/22) and extending living space to the bottom floor.



Case: BOA -1214604 Address: 423 William F McClellan Highway Ward 1 Applicant: Sons Divine Providence Inc.

Article(s): Art.11 Sec.06 Billboard Signs Article 11, Section 7 Electronic Signs - electronic/digital Art. 53, Section 28 Use: Forbidden - Use not identified in table "D" Art. 53, Section 55 Sign Regulations - Insufficient front yard setback

Art. 53, Section 55 Sign Regulations - Max allowed height exceeded

Purpose: Erect an outdoor advertising device (digital billboard) consisting of a single monopole with back to back digital faces with dimensions of 14 ' by 48 ' (60' Height) facing William F. McClellan Highway, East Boston.

Case: BOA-1332107 Address: 548 East Third Street Ward 6 Applicant: Sean Nully, By: Steven Petitpas of Aesthetic Images

Article(s): Article 68, Section 29 Roof Structure Restrictions Article 68, Section 8 Floor Area Ratio Excessive

Article 68, Section 8 Lot Area Insufficient

Purpose: Demolition of a single family detached house. New construction of 3 unit residential building with parking.

Case: BOA -1306137 Address: 944 East Broadway Ward 6 Applicant: Timothy Johnson

Article(s): Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Usable Open Space Insufficient

Purpose: Remove gable roof and install flat roof. Construct new infill addition at rear, add new front deck above existing front entry. Install new rear decks. Install new Oriel window along driveway. New Lula elevator and reconfigure interior of units. Install new sprinkler system.

Case: BOA-1392478 Address: 71 Proctor Street Ward 8 Applicant: Brown Rudnick LLP

Article(s): Article 50, Section 32 Use Regulations in IDA - Use: Elementary or Secondary School: Conditional

Article 50, Section 33 Floor Area Ratio Excessive Article 50, Section 43 Off Street Parking & Loading Req - Off Street Parking Insufficient

Purpose: Combine 69 71 Proctor St with Parcel# 0800480000 to be known as one lot 71 Proctor Street. Construction of a new 4 story Academic Facility (Charter School, Classrooms, Cafeteria, Gymnasium, Storage Space and Parking) of approx.83,500 gross sq. ft. (the "Project"). Demolition will be performed under separate permit.

Case: BOA -1341467 Address: 3407-3409 Washington Street Ward 11 Applicant: 3409 Washington JP LLC

Article(s): Article 55 section 40 Off Street Parking & Loading Req Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Bldg Height Excessive (Feet) Art. 08 Sec. 07 Use: Forbidden Art. 08 Sec.07 Use: Conditional

Purpose: Construct a new 22,660 sf mixed use building. The project consists of 29 residential units, a 400-sf community commercial space on the ground level, and 7 parking spaces.

Case: BOA -1348170 Address: 109 Ellington Street Ward 14 Applicant: Mike Kenny

Article(s): Article 60, Section 9 Floor Area Ratio Excessive - 1.4 > 0.8max Article 60, Section 9 Lot Area Insufficient - 3,746sqft < 5,000sqft min Article 60, Section 9 Add'l Lot Area Insufficient - 3,746sqft < 7,500sqft min Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 41.1Conformity Ex Bldg Alignment - 4' < 15'min (Modal)

Article 60, Section 9 Side Yard Insufficient - 3'/6.7' < 10'min

Purpose: Erect three family residence, with front decks and rear parking; per plans.

Case: BOA -950222 Address: 1 Carmen Street Ward 14 Applicant: James Christopher

Article(s): Article 65, Sec 65-41 Off-Street Loading Req. Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient

Purpose: To Construct a new three story three unit residential building in association with lot subdivision ALT931392.



Case: BOA -950227 Address: 1A Carmen Street Ward 14 Applicant: James Christopher

Article(S): Art. 65 Sec. 41 Off street parking requirements - Off street parking requirement is insufficient

Art. 65 Sec. 9 Minimum lot width requirement is insufficient Art. 65 Sec. 9 Minimum lot frontage requirement is insufficient Art. 65 Sec. 9 Minimum lot size required for the existing three family after subdivision is insufficient

Art. 65 Sec. 9 Floor area ratio is excessive Art. 65 Sec. 9 Usable open space is insufficient

Art. 65 Sec. 9 Side yard requirement is insufficient

Purpose: Subdivision of the existing lot at 1 Carmen St. To create two lots 1 Carmen St. Parcel No. 1440571000 to be 3,256 square Feet. New parcel will be 2720 square feet.

Case: BOA-1391894 Address: 52 Rockne Avenue Ward 16 Applicant: Deborah Swanson

Article(s): Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Front Yard Insufficient

Article 65, Section 9 Rear Yard Insufficient

Purpose: The existing building is a one story wood framed bungalow style house with a full concrete basement foundation. The existing house was built in 1926 and has approximately 1,088 sq. ft. of living area. The proposed project would include the renovation of the first floor and a full second floor addition with two (2) bedrooms, a shared bathroom, and a master bedroom with en suite bathroom. A laundry room is to be included on the second floor.

Case: BOA -1311358 Address: 24 Dawson Street Ward 16 Applicant: Timothy Johnson

Article(s): Art. 65 Sec. 9 Excessive f.a.r. Art. 65 Sec. 9 Allowed # of occupied stories exceeded Art. 65 Sec. 9 Insufficient side yard setback (roof deck)

Purpose: Extend living into lower level and erect new roof deck w/spiral stair access as per plans submitted. *To include reconstruction/extension of rear deck off of the 1st story.

Case: BOA 1346254 Address: 10 Woodhaven Street Ward 18 Applicant: Derick Joyner

Article(s): Article 60, Section 11 Use: Forbidden Article 60, Section 9 Lot Width Insufficient

Purpose: To erect a two family dwelling with 4 off street parking space in the rear.

Case: BOA 1378776 Address: 3 Leseur Road Ward 18 Applicant: Paul Wood/Boston Hammer, Inc.

Article(s): Art. 69 Sec. 09 Insufficient rear yard setback 40' req.Art. 69 Sec. 09Insufficient side yard setback 12' req.

Art. 69 Sec. 09 Excessive Floor area .3 max ratio allowed Art. 69 Sec. 09 Insufficient front yard setback 25' req./modal alignment with Fairmount Avenue

Purpose: Add 36 feet wide x 12 feet to the rear of the existing dwelling to expand 3 bedrooms along the back of the house.

Case: BOA- 1303397 Address: 124 Leyden Street Ward 1 Applicant: Sandra Bonito

Article(s): Art. 53 Sec. 08 Forbidden Four family dwelling Use-Forbidden Art. 53 Sec. 09 Insufficient lot size

Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Number of allowed stories has been exceeded Art. 53 Sec. 09 Insufficient rear yard setback Art. 53 Sec. 09 Insufficient front yard setback Art. 53 Sec. 09 Insufficient side yard setback Art. 53 Sec. 56 Off-Street Parking Insufficient parking Article 27T - 5 East Boston IPOD Applicability

Purpose: See ALT 1262476 for subdivision permit application. Work proposed to include erection of new four family dwelling at 126 Leyden Street.Clarification; Subdivide 6004sf lot into two lots A (?) and B(?). Lot A 3634sf shall have a new structure to be known as 124 Leyden street and the existing structure known as 126 Leyden street (three family) on created Lot B 2370sf shall remain.



Case: BOA-1303651 Address: 126 Leyden Street Ward 1 Applicant: Sandra Bonito

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.-reduction of lot size via subdivision of a nonconforming USE >25% Forbidden Art. 53 Sec. 56 Off Street Parking - Insufficient parking Existing removed

Art. 53 Sec. 09 Insufficient lot size Art. 53 Sec. 09 Applicable in Residential Sub Districts (open space insufficient; Insufficient lot width Art. 53 Sec. 09 Insufficient lot width frontage Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Insufficient side yard

Purpose: Proposed to subdivide 126 Leyden Street existing lot into Lots A and B as shown on attached subdivision plan. (Companion application to the ERT filed for 124 Leyden street) *Structure to remain on lot =3 Family doc#446/1892

Case: BOA-1290231 Address: 231 Everett Street Ward 1 Applicant: Richard Crespo, Crespo Group

Article(s): Article 27T 5 East Boston IPOD Applicability Article 53 Section 9 Insufficient additional lot area per unit

Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 Insufficient side yard setback Article 53 Section 9Insufficient open space per unit Article 53 Section 9 Insufficient rear yard setback Article 53 Section 56Off Street Parking & Loading Req-Insufficient parking

Purpose: Seeking to erect a new structure with three units and two roof decks on a vacant lot.

Case: BOA-1307730 Address: 306 Sumner Street Ward 1 Applicant: Hammond Pond Realty, LLC

Article(s): Art. 25 Sec. 5 Flood Hazard Districts Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability Article 27T 5 East Boston IPOD Applicability Article 53, Section 9 Rear Yard Insufficient

Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Add'l Lot Area Insufficient Article 53 Section 8Use Regulations-MFR is a Forbidden use in a 3F 2000 Sub district Article 53, Section 56Off Street Parking & Loading Req-Off street parking is insufficient

Purpose: Erect addition and change occupancy from a three (3) to a four (4) unit residential dwelling with rear decks.

Case: BOA- 1215328 Address: 5 Breed Street Ward 1 Applicant: Melissa Novaco

Articles: Article 27T – 5 East Boston IPOD Applicability Art. 53, Section 56 Off Street Parking Insufficient

Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories)

Purpose: Seeking to erect a new Multi Family Dwelling (four units).

Case: BOA-1351772 Address: 42-44 Dorset Street Ward 7 Applicant: Gerard Molloy

Article(s):Article 68, Section 8 # of allowed occupied stories exceeded 2.5.stories max Art 68 Sec 8 Insufficient side yard setback dormer Art 68 Sec 8 Excessive f.a.r. .5 max.

Purpose: Gut rehab with installation of bathrooms, kitchens, rear decks; update electrical and plumbing*to include, dormer work on left and right sides, as well as, extension of living space into basement area (2 Family #702/2006)

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

Article(s): Article 67,Section 12 Floor area ratio is excessive Article 67,Section 12 Building height in feet is excessive

Article 67,Section 12 Building height in stories is excessive Article 67, Section 32 Off Street Parking - Off street parking is insufficient Article 67, Section 33 Application of Dimensional Req - Traffic visibility across corner is insufficient

Purpose: Construct new mixed use property as per included plans. Property will be 19 residential units, a day care and a retail space. On site parking for 19 vehicles.

Case: BOA- 1361985 Address: 108-108E Allston Street Ward 21 Applicant: Pat McKenna

Article(s): Article 51, Section 56 Off-Street Parking Insufficient Article 51, Section 8 Use: Forbidden - MFR is a forbidden use in a 2F-5000 Sub-district Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient Article 51, Section 9.4 Dim Reg: Location of Main Entrance

Purpose: Erect 6 new townhomes.