Zoning Board of Appeal Hearing

OCTOBER 4, 2022

Case: BOA-1018347 Address: 36-40 Sprague Street Ward 18 Applicant: John Pulgini, Esq

Case: BOA-1018350 Address: 38-40 Sprague Street Ward 18 Applicant: John Pulgini, Esq

Case: BOA-819243 Address: 806 Saratoga Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA-819227 Address: 96 Wordsworth Street Ward 1 Applicant: Richard Lynds, Esq

Case: BZC-30745 Address: 583 Ashmont Street Ward 16 Applicant: Douglas Stefanov

Case: BZC-30746 Address: 585 Ashmont Street Ward 16 Applicant: Douglas Stefanov

Case: BOA-1207621 Address: 265 Amory Street Ward 11 Applicant: Lee Goodman

Case: BOA-1208609 Address: 267 Amory Street Ward 11 Applicant: Lee Goodman

Case: BOA-1394221 Address: 40 Channel Center Street Ward 6 Applicant: Max Hilchuk

Article(s): Art. 32 Sec. 04 GCOD Applicability

Purpose: Civil utility work to be added to ALT1227541. Drainage, Transformer, and Grading per plans.

Case: BOA-1397670 Address: 246 Newbury Street Ward 5 Applicant: Marc LaCasse

Article(s): Art. 32 Sec. 32 4 Groundwater Conservation Overlay District, Applicability - Alterations or repairs cost more than fifty percent (50%) of the physical value of the structure or structures

Purpose: Gut renovation. New floor systems, MEP's, Groundwater, Utilities, windows, finishes. 3 residential condos over retail.

Case: BOA-#1398381 Address: 7 Louisburg Square Ward 5 Applicant: Doug Anderson

Purpose: Amendment Scope to ALT1290637 to include roof work, stairs, and skylight. Roof accessed through hatch.

Violation Violation Description Violation Comments 9th 780 CMR 1011 Stairways1011.12.2 Roof access. Where a stairway is provided to a roof, access to the roof shall be provided through a penthouse complying with Section 1510.2. [Hatch provided]

Case: BOA-1396226 Address: 15 Yuill Ci Ward 18 Applicant: George Morancy, Esq

Article(s): Article 69 Section 8 Use Regulations in Res District - Use: Multifamily Dwelling: Forbidden

Article 69 Section 9 Lot Area Insufficient Article 69 Section 9 Floor Area Ratio Excessive Article 69 Section 9Building Height ( # of Stories ) Excessive Article 69 Section 9 Usable Open Space Insufficient Article 69 Section 9 Front Yard Insufficient Article 69 Section 29 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 69 Section 8 Use Regulations in Res District - Use:Accessory Parking : Forbidden

Purpose: Combine two existing Lots and erect a Four ( 4 ) Family Dwelling as per plans.

Case: BOA- 1248885 Address: 2-4 Colchester Street Ward 18 Applicant: EBCPAC Development, LLC, Eoin Barry

Article(s): Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability Art 68 Sec 8 Dim reg app in res sub dist - Two family dwelling Forbidden Art. 69 Sec. 8 Forbidden - Accessory parking to a forbidden use Art. 69 Sec. 30.12 2/More Dwellings on Same Lot - Four two family dwellings proposed Art. 69 Sec. 09 # of allowed stories exceeded

Art. 69 Sec. 09 Excessive F.A.R. Art. 69 Sec. 09 Insufficient open space Art. 69 Sec. 09 Insufficient rear yard setback

Article 69 Section 30 Application of Dimensional Req - Conformity with the existing front yard setback requirement 25'/modal Art. 69 Sec. 09 Insufficient lot size 6,000sf req

Purpose: Erect a new two family house, as per plans. 1 of 4 two family houses to be erected on one lot. See ALT1224252 & ALT1224261 to combine lots, as well as, ERT1224270, ERT1224272 & ERT1224275.

Case: BOA-1248881 Address: 1-3 Forestvale Road Ward 18 Applicant: EBCPAC Development, LLC, Eoin Barry

Article(s): Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability Article 69 Section 8 Use Regulations in Res District - Two family Forbidden Article 69, Section 8 Use: Forbidden - Accessory parking to main forbidden use

Article 69, Section 30.1 Conformity Ex Bldg Alignment - Front yard setback 25'/Modal front minimum Article 69, Section 30.12 Two or More Dwellings on Same Lot - Four two family dwellings proposed Art. 69 Sec. 09 # of allowed stories exceeded 2.5 story max. Art. 69 Sec. 09 Excessive f.a.r. .5 Art. 69 Sec. 09 Insufficient open space 1800sf/unit req. Art. 69 Sec. 09 Insufficient rear yard setback 40 feet req./15' min. Art. 69 Sec. 09 Insufficient lot size 6,000sf req.

Purpose: Erect a new two family house, as per plans. 1 of 4 two family houses to be erected on one lot. See ALT1224252 & ALT1224261 to combine lots, as well as, ERT1224270, ERT1224272 & ERT1224276.

Case: BOA-1248878 Address: 245-247 Neponset Valley Parkway Ward 18 Applicant: EBCPAC Development, LLC, Eoin Barry

Article(s): Article 29 Section 4 GPOD Applicability Article 69 Section 30 Application of Dimensional Req - Two or more dwellings on a lot Proposed four Article 69 Section 8 Use Regulations in Res District - Two family Foridden

Art. 69 Sec. 30.1 Bldg.Alignmnt Conformity - Modal not shown 25' setback req. Art. 69 Sec. 09 # of allowed stories exceeded 2.5 stories max. Art. 69 Sec. 09 Lot width insufficient 60' req. Art. 69 Sec. 09 Lot width frontage is insufficient 60' req.Art. 69 Sec. 09 Excessive f.a.r. .5 max Art. 69 Sec. 09 Insufficient open space 1800sf/unit req.

Art. 69 Sec. 09 Insufficient side yard setback 10' min/20' req. Art. 69 Sec. 30.4 Corner Lot Provision - Special provisions for corner lots; Side yard set backs on street side of lot to comply with front yard setback requirements 25' req.

Purpose: Erect a new two family house, as per plans. 1 of 4 two family houses to be erected on one lot. See ALT1224252 & ALT1224261 to combine lots, as well as, ERT1224270, ERT1224275 & ERT1224276.



Case: BOA- 1248876 Address: 241-243 Neponset Valley Parkway Ward 18 Applicant: EBCPAC Development, LLC, Eoin Barry

Article(s): Article 29 Section 4 GPOD Applicability Art. 69 Sec. 30.12 2/More Dwellings on Same Lot Art. 69 Sec. 27 Screening/Buffering Article 69 Section 8 Use Regulations in Res District - Use Forbidden Article 69 Section 9 Lot width insufficient 60'req. Article 69 Section 9 Insufficient lot width frontage 60' req. Article 69 Section 9 Excessive f.a.r. .5 max Article 69 Section 9 Insufficient open space 1800sf/unit req. Art. 69 Sec. 30.1 Bldg.Alignmnt Conformity - MODAL not shown 25' setback req. Article 69 Section 8 Use Regulations in Res District - Accessory parking Forbidden Art. 69 Sec. 09 # of allowed stories exceeded 2.5 stories max. Art. 69 Sec. 30.4 Corner Lot Provision - Side yard set back on street side; corner lot provision 25' req. Art. 69 Sec. 09 Insufficient side yard setback 10'/20' from neighboring building proposed

Purpose: Erect a new two family house, as per plans. 1 of 4 two family houses to be erected on one lot. See ALT1224252 & ALT1224261 to combine lots, as well as, ERT1224272, ERT1224275 & ERT1224276.

Case: BOA-1359834 Address: 18A Euclid Street Ward 17 Applicant: Michael Talbert

Article(s): Art. 10 Sec. 01 Limitation of parking areas - Proposing 3 off street parking spaces on the front yards.

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 Art. 65 Sec. 02 Conformity with Existing Building Alignment -Modal calculations for both streets not provided to verify compliance. Art. 65 Sec. 65 14.3 Traffic Visibility Across Corner - Compliance not shown on drawings. Art. 65 Sec.42.7 Narrow Side Yard for driveway - Min. required: 10' Proposed: 9'

Purpose: Erect a new three family dwelling with 3 off street parking spaces. Application in conjunction with ALT1297136 for lot subdivision.

Case: BOA- 1395868 Address: 18 Euclid Street Ward 17 Applicant: Michael Talbert

Article(s): Art. 10 Sec. 01 Limitation of parking areas - Proposed space is on front yard. – Proposed curb cut widths are inconsistent (arch. drawings vs. plot plan) 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 Side Yard Insufficient

Purpose: Confirm Occupancy as a One Family Dwelling and subdivide this lot ID 1701320000 (5,160.97 sqft) into 2 lots. Lot 1 to be known as 18 Euclid St.(2,468.77 sqft) and lot 2 to be known as 18A Euclid St.(2,692.2 sqft) This application is in conjunction with ERT1242728 Proposing 1 off street parking space.

Case: BOA- 1327786 Address: 107 Marion Street Ward 1 Applicant: Dario Carvajal

Article(s): Violation Comments Art. 09 Sec. 01 Extension of Non Conforming Use Art. 09 Sec. 02 Nonconforming Use Change Art. 53, Section 8 Use: Forbidden – MFR Art. 53, Section 8 Use: Forbidden - Basement unit Article 53, Section 9 Side Yard 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 52 Roof Structure Restrictions

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

Purpose: Change the occupancy from a 3 family to a 4 family; new basement unit. Scope includes renovating the existing building, erecting new 3 story rear deck, and upgrades to life safety (FA/FP).

Case: BOA-1396102 Address: 169 Maverick Street Ward 1 Applicant: Trichilo Development, LLC

Article(s): Art. 32 Sec. 04 GCOD Applicability Article 27D 5 IPOD Applicability Art. 53 Sec. 52 Roof Structure Restrictions Regard Building code violation 1011.12.2 Art. 53 Sec. 56^ Off street parking insufficient 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 57.2 Conformity Ex Bldg Alignment

Purpose: Erect addition, renovate, and change occupancy from three (3) to four (4) residential units with rear and roof decks.

 

Case: BOA-1385144 Address: 1213-1223 Commonwealth Avenue Ward 21 Applicant: Contal Realty Trust

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Bar with live entertainment and smoking bar uses are forbidden uses.

Purpose: Seeking to expand restaurant/ smoking bar with live entertainment at 1217A, into adjacent spaces. Occupancy to remain as Assembly A 2. Will need board of appeal for use not in the code, Sprinkler expansion plans will be presented after board approval.

Case: BOA-1391804 Address: 400-412 Neponset Avenue Ward 16 Applicant: Loc Nguyen

Article(s): Article 6 Section 4 Other Cond Necc as Protection - To remove proviso from BZC 28291 Take out Restaurant Use granted to this petitioner only

Purpose: To remove Proviso from previous owner (signage).

Case: BOA-1395861 Address: 110R Lonsdale Street Ward 16 Applicant: Michelle Flowers

Article(s): Article 65, Section 8 Use Regulations - Home Occupation Use: Allowed Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 39 Screening & Buffering Req

Purpose: Change of occupancy of garage to be used for a Home Occupation at 110 Lonsdale ST and proposed screening/buffering.

Case: BOA-1386397 Address: 8 Rowena Street Ward 16 Applicant: Erik Krasowski

Article(s): Article 65, Section 9 Floor Area Ratio Excessive Art. 65 Sec. 60 8 3 Family Detached Dwelling, Forbidden

Art. 65 Sec. 60 37 Off Street parking insufficient

Purpose: Change occupancy from two family to three family. Convert basement into third unit.

Case: BOA-1390195 Address: 363 E Street Ward 6 Applicant: George Morancy, Esq

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel exceeded 30' max

Art 68 Sec 8 Max allowed height in the sub district exceeded 40' max. Art 68 Sec 8 Insufficient open space 200sf/unit req. Art 68 Sec 8 Insufficient rear yard setback 20' req.Art 68 Sec 8 Dim reg app in res sub dist - Insufficient lot size for additional dwelling units 1000sf/unit req.Art. 68 Sec. 33 Off Street parking Req. - Insufficient parking Art.68 Sec. 33 Off Street Loading Req. - None proposed Art. 68 Sec. 33 Off Street parking Req.- Design, Space size, access and clear maneuvering areas for each space Conditional Art. 68 Sec.31 Screening and Buffering Article 68, Section 34.2 Traffic Visibility Across Corner Art. 68 Sec.08 Excessive f.a.r. 2.0 max. Art. 68 Sec. 07 Use Regs. - Basement units Forbidden

Purpose: Erect a new four story building to contain 24 dwelling units with accessory garage parking for 24 vehicles (2 accessible, 5 standard and a multi car conveyor/stacker elevator system). Six parcels of land to be combined into new 9,411 square foot lot under ALT1348494. ALL Existing structures to be razed on separate demo permit. Added 9.6.2022 (ALT1379756, AND ALT1379757)

Case: BOA- 1065436 Address: 8 Peters Street Ward 6 Applicant: Robert Quitadamo

Article(s): Art 68 Sec 29 Roof Structure Restrictions

Purpose: Proposed existing roof deck expansion, as per plans. Permit set to be submitted upon zoning approval.

Case: BOA-1392663 Address: 437 Chelsea Street Ward 1 Applicant: 441 Frankfort Street, LLC

Article(s): Art. 53 Sec. 12 Rear Yard insufficient Art. 53 Sec. 12^ Floor area ratio excessive Art. 53 Sec. 12 Height Excessive Art. 53, Section 56 Off Street Parking Insufficient Article 27T 5 East Boston IPOD Applicability

Purpose: Raze the existing structure and erect a 4 unit residential dwelling with roof deck.



Case: BOA-1391418 Address: 439 Chelsea Street Ward 1 Applicant: 439 Chelsea Street, LLC

Article(s): Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Building height excessive/Sub-district Art. 53 Sec. 09 Insufficient rear yard setback Art. 53 Sec. 09 Insufficient open space per unit Art. 53 Sec. 56 Off-Street Parking - Insufficient parking Article 27T - 5 East Boston IPOD Applicability

Purpose: Raze the existing structure and erect a four story 4 unit residential dwelling with rear deck and a roof deck exclusive to Unit 4. *Existing structures are to be reviewed and razed on a separately applied for and issued demolition permit.

Case: BOA-1296381 Address: 49 Imrie Road Ward 21 Applicant: Theresa Conti & Tom Lawless

Article(s): Article 51, Section 57.13Two or More Dwellings on Same Lot Article 51, Section 9 Lot Frontage Insufficient Article 51, Section 9 Lot Width Insufficient Art. 51 Sec. 09 Open Space insufficient

Purpose: NO WORK TO BE DONE. Filed in conjunction with ALT1269313 49R Imrie Rd, convert barn to a single family. 2 dwelling structures on one lot. This is to be two buildings on one lot.

Case: BOA-1296380 Address: 49R Imrie Road Ward 21 Applicant: Theresa Conti & Tom Lawless

Article(s): Art. 51 Sec. 57.2 Exst'g Bldg Algnmnt Conformity Article 51, Section 57.13 Two or More Dwellings on Same Lot Article 51, Section 57 Application of Dimensional Req - 1 building behind another building Article 51, Section 9 Lot Frontage Insufficient Article 51, Section 9 Lot Width Insufficient Art. 51 Sec. 09 Open Space insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient Article 51, Section 9 Front Yard Insufficient

Purpose: Confirm existing structure as a barn and convert to a single family house, new dormer and renovate, as per plans. Two dwelling structures on one lot. See alt1269324 for 49 Imrie Rd, existing 2 family, no work to be done. This is one of two buildings on the same lot.

Case: BOA- 1236084 Address: 45 Milton Avenue Ward 17 Applicant: Michael Castillo, as Principal, ONYX Management & Development

Article(s):Art. 10 Sec. 01 Limitation of parking areas Parking less than 5ft from side lot line.Art.65 Sec. 8 Use: Forbidden MFR Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories)

Article 65, Section 42.2 Conformity w Ex Bldg Alignment 10ft provided

Purpose: Erect a 10,827  square foot (Gross), three story residential building with eleven  units and parking for fourteen  vehicles spread through rear & side yards and garage. This combined parcel has 10,800 square feet, see ALT1202780, ALT1202781, ALT1202782. Existing dwelling and two sheds to be razed on a separate permit. 07/08/22 Scope updated.

Case: BOA- 1339787 Address: 17 Sheafe Street Ward 3 Applicant: HRE 3, LLC

Article(s): Art. 54 Sec. 10 Excessive f.a.r. Art. 54 Sec. 10 Insufficient open space per unit Art. 54 Section 21 Off Street Parking Insufficient

Purpose: Change Occupancy from a six (6) unit residential dwelling to a seven (7) unit residential dwelling and renovate as per plans.

Case: BOA- 1283294 Address: 47-48 Snow Hill Street Ward: 3 Applicant: Ryan Medows

Article(s): Article 54, Section 10 Rear Yard Insufficient Article 54, Section 10 Floor Area Ratio Excessive

Article 54, Section 18 Roof Structure Restrictions

Purpose: Construct new 1 story vertical addition and roof deck on existing three story building. Upper unit 2 to be renovated



Case: BOA-1298133 Address: 1395-1405 Washington Street Ward 3 Applicant: The Walsh El, LLC

Article(s): Art. 32 Sec. 04 GCOD Applicability Article 64, Section 18 Use: Conditional - Restaurant #1 Article 64, Section 18 Use: Conditional - Restaurant #2 Article 64, Section 18 Use: Conditional - Restaurant #3 Article 64, Section 19 Bldg. Height exceeding 70 ft. Article 64, Section 19 FAR exceeding 3.0 max. Article 64, Section 19 Dimensional Regulations - 64 19.2 Usable open space per 64 9 Article 64, Section 19 Dimensional Regulations - 64 19.2 Rear yard per 64 9 Article 64, Section 34 Roof Structure Restrictions Article 64, Section 36 Off Street Parking & Loading Req

Purpose: Construction a new seven story, 35 multi family residential building, with core/shell ground floor local retail (1) and restaurants (3), per plans. Combine parcels 0306975000, 0306976000, 0306977000; see ALT1227446, ALT1222965, and ALT1222967. Demo existing one story building on a separate demo permit.

Case: BOA-1144072 Address: 273 Maverick Street Ward 1 Applicant: 273 Maverick, LLC

Article(s): Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive

Article 53, Section 9 Usable Open Space Insufficient

Purpose: Give off 3,400 sf of land from existing 8,000 sf parcel (No. 5267) to be combined with 275 279 Maverick Street (Parcel No. 5268) (See ERT1102644). This parcel to now contain 4,600 square feet with pre existing multifamily dwelling.

Case: BOA-1144075 Address: 275-279 Maverick Street Ward 1 Applicant: 275-279 Maverick, LLC

Article(s): Article 53 Section 56.5.aParking Maneuverability - Stackers are shown as part of the required parking

Art. 53 Sec.08 Forbidden - MFR is forbidden in a 3F 2000 Sub district Article 27T 5East Boston IPOD Applicability

Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient

Article 53, Section 56 Off Street Parking & Loading Req - Off street parking and loading is insufficient

Purpose:Proposed construction of 5 story, mixed use structure on 12,400 square feet of land containing 36 residential units, ground level retail and off street parking for 23 vehicles. See ALT1102631 for permit to combine/subdivided lots. Combine existing 9,000 s.f. parcel (5268) with a 3,400 sf portion of adjoining parcel (5267) This lot to now contain 12,400 sf.

Case: BOA-1311763 Address: 59 Falcon Street Ward 1 Applicant: 59 Falco Street, LLC

Article(s) Art. 53, Section 56 Off-Street Parking Insufficient - 0 Provided Art. 53, Section 8 Use: Forbidden - MFR in 2F zone Article 27T - 5 East Boston IPOD Applicability Article 53, Section 52 Roof Structure Restrictions Article 53, Section 57.2 Conformity Ex Bldg Alignment Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient

Purpose: Erect a 4 unit residential dwelling with roof decks, as per plans.

Case: BOA- 1376537 Address: 229 Maverick Street Ward 1 Applicant: 231 Maverick Street LLC

Article(s): Art. 53 Sec. 52 Roof Structure Restrictions - Access to the roof deck shall be through a hatch, not through a penthouse. Art. 27G E Boston IPOD - Proposing an exterior alteration changing the cornice line and building height of an existing building.

Purpose: Construct 14' x 14' roof deck and install spiral staircase for access. Install LVLs and other supports per the recommendations of the attached engineer affidavit. Maintain current building enclosure instead of adding 3rd floor balcony as originally proposed. Amendment to permit # ALT1076414.

 

Case: BOA-1173599 Address: 535-537B Washington Street Ward 22 Applicant: Pure Oasis LLC

For a new hearing on the appeal of Pure Oasis to open a recreational cannabis establishment at the above referenced location. The Board previously denied this appeal, but it voted to grant reconsideration of this matter on September 13, 2022 after a hearing on the applicant's request. From the terms of the Boston Zoning Code (see Acts of 1956, c.665) in the following respects- Variance, Conditional Use Permit, and/or other relief as appropriate

Article (s): Article 51, Section 16Use Regulations - Retail Cannabis Establishment Use : Conditional

Purpose: Change of Occupancy to Retail Cannabis Establishment.