Zoning Board of Appeal Hearing

October 13, 2022 & October 25, 2022

Case: BOA- 956971 Address: 118 Harrishof Street Ward 12 Applicant: Erlene Brown

Case: BOA-1023110 Address: 9 Newton Street Ward 22 Applicant: Nicholas Zozula, Esq

Case: BOA-1112820 Address: 21 Morse Street Ward 14 Applicant: Eric Zachrison, MBA, AIA

Case: BOA-832215 Address: 36 Spring Garden Street Ward 13 Applicant: James Christopher

Case: BOA-983485 Address: 6 Lothian Road Ward 21 Applicant: Dennis Quilty, Esq

Case: BOA-1395883 Address: 89 Marion Street Ward 1 Applicant: Eg Equity, LLC

Article(s): Article 9. Section 1 Extension of Nonconforming Article 53, Section 9 Rear Yard Insufficient

Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Feet) - Roof deck

Article 53, Section 52 Roof Structure Restrictions Article 27T 5 East Boston IPOD Applicability Article 53, Section 9 Side Yard Insufficient

Purpose: Amending ALT809278. Extending living space into the basement for the (2) first floor units. Scope also includes increasing building height, reconfiguration of interior layouts (for all floors), revised roof deck layout & access, new rear balcony and exterior wall openings.

Case: BOA-1371277 Address: 1180 Washington Street Ward 3 Applicant: Jianshu Dong

Article(s): Article 64, Section 19 Building Height Excessive Article 64, Section 34 Roof Structure Restrictions

Article 9, Section 1Extension of Nonconforming Building - The maximum Building Height for this Zoning District is 70'. Elevation Height of Proposed Pergola is 90.09'

Purpose: Seeking to make improvements to the existing roof deck including erecting a pergola and privacy fence. The existing roof deck associated with this application will continue to be for the exclusive use of Unit 500.

Case: BOA-1392527 Address: 80 Charles Street Ward 5 Applicant: Julie Nicolazzo

Article(s): Art. 08 Sec. 07 Use: Forbidden - Forbidden: Cat Lounge Art. 08 Sec.07 Use: Conditional - Use item No.36A on premises consumption food drink and take out Art. 08 Sec.07Use: Conditional - Use Item No. 37 seat in restaurant

Purpose: Converting existing office space into cat lounge, retail (bookstore), café with on premises consumption of food and drink, and accessory take out of food and drink. and " Seat in restaurant".

Case: BOA- 1405257 Address: 472 West Broadway Ward 6 Applicant: George Morancy

Article(s): Art. 68 Sec. 07 Professional office use conditional Art 68 Sec 8 Insufficient additional lot area Art 68 Sec 8 Excessive f.a.r. Article 68, Section 7 Bank Mortgage lender office use Conditional Art. 68 Sec. 33 Off Street parking Req. - Insufficient parking Art 68 Sec 8 Insufficient open space

Purpose: Change legal occupancy from 1 Commercial & 16 Residential Units with 10 Car Garage (COO1367197) to 1 Mortgage Office (1st story), 1 Agency/Professional Office(basement) & 16 Residential Units with 10 Car Garage. Cost of work reflected on ERT1020164. No work to be done under this application (TBD).

Case: BOA-1404360 Address: 47-49 Rosseter Street Ward 14 Applicant: Charnice Barbour

Article(s): Art. 65 Sec. 65 8 Floor Area Ratio excessive Art. 65 Sec. 65 8 Building Height Excessive Article 65, Section 9 Rear Yard Insufficient Article 65, Section 9 Dimensional Regulations

Purpose: Change of occupancy from two family dwelling to three family dwelling. Construct rear addition for a wider rear egress stairway and construct new dormer.

Case: BOA-1398524 Address: 19-23 Ashland Street Ward 16 Applicant: 19 Ashland LLC, By it’s Attorney Marc LaCasse

Article(s): Art. 65 Sec. 41 Off street parking requirements Design/maneuvering areas Art. 65 Sec. 9 Unit 1 front entry facing side yard Art. 65 Sec. 9 Number of allowed stories exceeded Art. 65 Sec. 9 Insufficient front yard setback Art. 65 Sec. 9 Insufficient rear yard setback Art.65 Sec. 8 Use: Forbidden Three family Article 65, Section 39 Screening & Buffering Req Article 65, Section 42.13 Two or More Dwellings on Same Lot

Purpose: Change occupancy from 2F to 3F w/ townhouse design and 4 garage parking spaces and one surface space; renovate portion of existing structure and addition as per plans. This application is filed in conjunction w/ a ERT1299891 on rear of same lot. *(TOTAL of SEVEN UNITS-assigned 5.23.22).

Case: BOA- 1398527 Address: 25R-31R Ashland Street Ward 16 Applicant: 19 Ashland LLC, By it’s Attorney Marc LaCasse

Article(s): Art. 10 Sec. 01 Limitation of parking areas 5'side yard buffer Art. 65 Sec. 08 Forbidden MFR Art. 65 Sec. 9 # of allowed stories has been exceeded Art. 65 Sec. 9 Insufficient rear yard set back Art. 65 Sec. 9 Insufficient side yard setback Art. 65 Sec. 9 Excessive f.a.r. Article 65, Section 39 Screening & Buffering Req Article 65, Section 42.13 Two or More Dwellings on Same Lot Article 65, Section 9 Insufficient lot width (Building behind a building)

Purpose: This is one of two main structures on the same lot as 19-23 Ashland to construct a new 3-story, 4 unit residential building [townhouse style] w/ parking for each unit per plans. New building shall be known as 25R-31R Ashland Street. Filed in conjunction with ALT129982. *(Total of SEVEN UNITS on the parcel).

Case: BOA- 1399003 Address: 625-629 Adams Street Ward 16 Applicant: Peter Le

Article(s): Art. 65 Sec. 41 Off street parking requirements - insufficient parking Art. 65 Sec. 9 Insufficient additional lot area Art. 65 Sec. 9 usable open space per unit Art. 65 Sec. 9 Insufficient rear yard setback

Art. 65 Sec. 9 Insufficient front yard setback (modal) Article 65, Section 9 Insufficient side yard setback

Article 65, Section 9 Insufficient lot size Article 65, Section 9 excessive f.a.r.

Purpose: Proposed second story addition to change use from commercial to commercial space and two dwelling units, as per plans. Construction set to be submitted upon ZBA approval.

Case: BOA- 1375575 Address: 2 Ayr Road Ward 21 Applicant: Tula Corporation

Article(S): Article 51, Section 56 Off Street Parking Insufficient Article 51, Section 9 Add'l Lot Area Insufficient

Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Usable Open Space Insufficient

Purpose: Ground floor renovation of the an existing multi family apartment building. Redesign the existing ground floor unit layout and provide 2 new units (to be Group 2A), a common laundry, trash & bike rack areas. The ground floor will be fully sprinklered. Exterior improvements to courtyard. No expansion.

Case: BOA- 1382419 Address: 49 Bennett Street Ward 22 Applicant: Congregation Khal Tiferes Yosef

Article(s):Article 51, Section 9 Floor Area Ratio Excessive - Max. allowed: 0.5 Proposed: 1.08 Article 51, Section 9 Front Yard Insufficient - Min. required: 20' Proposed: 14' to entry porch. 18.7' to facade. Article 51, Section 9 Rear Yard Insufficient - Min. required: 40' Proposed: 21.4' Art. 51 Sec. 23^ Off street parking requirement - Min. parking spaces required for community uses: 14 spaces Min. parking spaces required for residential use: 1.75 spaces Proposed total: 5 spaces Art. 51 Sec. 57.2 Exst'g Bldg Algnmnt Conformity - Street modal calculation not provided to verify its compliance.

Purpose: This is a new construction synagogue. The project will include one apartment, a sanctuary, social hall, ritual bath and ancillary spaces. Demolish existing building under SF:#.

Case: BOA-1332095 Address: 130 Marginal Street Ward 1 Applicant: Star Property Holdings, LLC

Article(s): Art. 53 Sec. 09 Dimensional Regulations Art. 53 Sec. 09 Floor Area Ratio Excessive Art. 53 Sec. 09 Side yard insufficient Art. 53 Sec. 12 Height Excessive Art. 53 Sec. 56 Off St.Parking Requirements Art. 53 Sec. 12 Rear Yard insufficient Art. 53 Sec. 12^ Floor area ratio excessive Art. 53 Sec. 57 Dimensional Application

Purpose: Erect a new residential building with four units and four parking spaces.

Case: BOA- 1403378 Address: 68 Liverpool Street Ward 1 Applicant: Richard Lynds, Esq

Article(s): Art. 32 Sec. 04 GCOD Applicability Art. 53 Sec. 53-57 Appl. of dimensional Req. - (11) Shallow lot- Insufficient rear yard setback Art. 53 Sec. 54 Screening/Buffering - Section (b) Art. 53 Sec. 56 Off-Street Parking - Insufficient parking Article 27T - 5 East Boston IPOD - Applicability Article 53 Section 15 Use Regulations - 1st flr residential- Conditional Article 53, Section 16 Excessive f.a.r. Article 53, Section 16 (7) Insufficient open space (i,e. section 53-17)

Purpose: Erect a five story six unit residential dwelling with roof deck.

Case: BOA-1387449 Address: 210-214 Newbury Street Ward 5 Applicant: Babson United, Inc

Article(s): Article 8 Section 7 Use Regulations - Use: Live Entertainment (Use Item # 38): Conditional

Purpose: This application is to Change the Use to include Live Entertainment (Use Item 38) in the Lululemon Store.

Case: BOA-1311055 Address: 717A-717 East Fifth Street Ward 6 Applicant: Chan Build LLC

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

Article 68, Section 29 Roof Structure Restrictions - Extension of penthouse Article 68, Section 33 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Change Occupancy from one family and store, to two family house. Build new 2 bedroom unit on the first floor, remodel 2nd floor, extend existing head house on the 3rd floor and extend roof deck.

Case: BOA-1396214 Address: 748-750 East Broadway Ward 6 Applicant: George Morancy

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Maximum allowed height on parcel has been exceeded Art 68 Sec 8 Building height excessive in Sub-district Art 68 Sec 8 Excessive F.A.R. Art 68 Sec 8 Insufficient usable open space per unit Art 68 Sec 8 Insufficient front yard setback (Corner lot) Art 68 Sec 8 Insufficient side yard setback Art 68 Sec 8 Insufficient rear yard setback Art 68 Sec 8 Insufficient minimal lot size Art 68 Sec 8 Dim reg app in res sub dist - insufficient additional lot area per unit Art. 68 Sec. 34 Appl. of Dim. Req. - Traffic visibility across the corner lot obstructed Article 68, Section 33 Off-Street Parking & Loading Req - Insufficient parking

Purpose: Construct new 4 Story Building with (9) residential units and retail (mercantile) space at the first floor on combined lots at 748 E Broadway (0603511000), 750 E Broadway (0603510000), 65 L Street (0603509000) and L Street (0603508000) and demolish all existing buildings. *Existing structures are to be applied for and razed on a separately reviewed and issued SF demolition permit Assigned 3.29.22

Case: BOA-1403829 Address: 354 E Street Ward 6 Applicant: George Morancy

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Reconfiguration of existing roof profile Art 68 Sec 29 Roof Structure Restrictions - Max allowed preexisting height on parcel exceeded Art 68 Sec 8 Extension into rear yard exceeds 1,000sf Art 68 Sec 8 Insufficient rear yard setback Art 68 Sec 29 Roof Structure Restrictions - Proposed roof decks on lower rooves Art 68 Sec 8 Excessive f.a.r. Art. 68 Sec. 33 Off Street parking Req. - Insufficient parking Art. 68 Sec. 33 Off Street parking Req. - Design/Clear free maneuvering areas to spaces Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. Art 68 Sec 8 Dim reg app in res sub dist - Max allowed hieght in district exceeded Art.68 Sec. 33 Off Street Loading Req.

Purpose: No record of occupancy. Confirm as church and change to 35 dwelling units. Perform interior and exterior renovations to existing former church building; erect two four story rear additions and one six story rear addition; add interior garage parking.



Case: BOA- 1345665 Address: 6 Pleasant Street Ward 13 Applicant: Pedro Conceicao

Article(s): Art. 65 Sec. 9 Insufficient open space Art. 10 Sec. 01 Limitation of parking areas - Insufficient side yard buffer 5' req Article 65, Section 9 Insufficient rear yard setback of newly proposed stair relocation Art. 65 Sec. 41 Off street parking requirements - Location; One of the spaces is encroaching in the required Front yard

Purpose: Add a curb cut to provide three off street parking spaces. Clarification: Requesting Zoning review approval for three proposed parking spaces per submitted drawing*Application shall be further subject to a DPW curb cut review approval.

Case: BOA-1396814 Address: 118R Homes Avenue Ward 15 Applicant: Anthony Monahan

Article(s): Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Rear Yard Insufficient Art. 65 Sec. 65 41.4 Parking in the Front Yard - Exceeds 10ft max in front/side yard portion. Art. 65 Sec. 65 41.5 Parking Size & Maneuverability - Maneuvering areas Article 65, Section 42.13 Two or More Dwellings on Same Lot - Dwelling behind another dwelling Art. 10 Sec. 01 Limitation of off street parking areas - Parking less than 5ft from side lot line.

Purpose: Erect new 2 1/2 story 2 family residential building with 4 full parking spots.

Case: BOA- 1374702 Address: 110R Leighton Road Ward 18 Applicant: Elizabeth Sanchez

Article(s): Article 69, Section 30.7 Accessory Bldg in Side or Rear Yard - rear yard is insufficient. Proposed garage is less than 4 feet from rear lot line .Article 69, Section 30.7 Accessory Bldg in Side or Rear Yard - Front yard insufficient, less than 65 feet. Article 69, Section 30.7 Accessory Bldg in Side or Rear Yard - Building height is in excess of 15 feet in height.

Purpose: Erect Pre Fab Garage.

Case: BOA- 1406172 Address: 48 Waterman Road Ward 19 Applicant: Roberson Castor

Article(s): Article 55, Section 9 Front Yard Insufficient Article 55, Section 9 Side Yard Insufficient

Purpose: Gut Renovation of Existing structure. Scope of work includes converting the current structure from a 1.5 story cape to a 2 story colonial style home with new windows and siding, new main foyer, MEP Upgrades, new interior layouts with an additional bedrooms and 2 bathrooms.

Case: BOA-1398531 Address: 30 Leo M Birmingham Parkway Ward 22 Applicant: MVC 30 Leo LLC

Article(s): Article 51, Section 16 Use Regulations - MFR. Conditional Article 51 Section 17 Exceeds FAR

Article 51 Section 17 Exceeds Building Height Article 51 Section 17 Usable Open Space Article 51 Section 17 Rear Yard 30ft min per Article 12 3. Art.51 Sec.56Off St Parking Design - 51 56.5(a) Maneuvering areas (stacker parking)

Article 51, Section 57.3 Traffic Visibility Across Corner Art. 29 Sec. 04Greenbelt Protection Overlay District Applicability Article 51 Section 17 Front Yard 7ft min

Purpose: Construct a new 6 story mixed use building with multi family residential apartments, local retail space (core/shell) and community center (core/shell). Building contains 117 rental apartment units on upper levels, common roof decks, and local retail with community center at the ground floor level. Fifty four (54) off street parking spaces will be provided with some automated parking, as well as 152 bicycle

parking spaces. Existing building to be razed under separate demo permit.

Case: BOA-1371369 Address: 14 Cook Street Ward: 2 Applicant: Lily Orlin

Article(s): Article 62, Section Rear Yard Insufficient

Purpose: Confirm occupancy as a single family residence and add a 2 story kitchen/office addition. Renovation to basement and first floor of existing home. Scope includes removing existing back additions and exterior stairs. Includes mechanicals (hvac, plumbing, electrical and fire suppression system).



Case: BOA- 1307654 Address: 33 Russell Street Ward: 2 Applicant: Mike Clough

Article(s): Article 62, Section 7 Use Regulations - Change of occupancy from a single to a two family. Art. 62 Sec. 08^ Usable Open Space insufficient Art. 62 Sec. 62 8 Rear Yard Insufficient Art. 62 Sec. 62 25 Roof Structures Restricted - Roof Deck and access

Purpose: This is the conversion of a single family into a two family residence. This is an interior renovation which will include a fire sprinkler system. Exterior changes will be limited to an egress stair and roof deck. A existing rear deck will be rebuilt. ZBA approval required we request the nominal fee. (Project consists of Interior renovations w/sprinkler system. Exterior changes include egress stair, roof deck and a deck on the second AND third floor).

Case: BOA- 1310472 Address: 702 East Fifth Street Ward: 6 Applicant: Eric Zachrison

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. - Roof Deck Article 68, Section 8 Side Yard for Roof Deck Article 68, Section 8 Rear Yard for Roof Deck

Purpose: Replace existing roof deck with new roof deck

Case: BOA-1335230 Address: 510 East Eighth Street Ward: 7 Applicant: John Drago

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Modifying existing roof and increasing its height.

Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Front Yard Insufficient

Purpose: The project will include a general renovation of the entire historic home including reorganizing spaces and the addition of a third floor master suite. The project will also include design exploration for future roof deck access.

Case: BOA- 1343962 Address: 690 East Eighth Street Ward: 7 Applicant: Mary Walsh

Article(s): Art. 68 Sec.31 Screening and Buffering - Dimensional Requirements insufficient Art. 10 Sec. 01 Limitation of off street parking areas

Purpose: Install a new curb cut to allow for two car off street parking.

Case: BOA- 1338514 Address: 6 Thwing Street Ward: 11 Applicant: Rufus Faulk

Article(s): Article 10, Sec.1 Limitation of Area - Limitation of Area o4 Accessory Uses Article 50, Sec. 43 Off Street Parking & Loading Req –Location of Off Street Parking. Off Street Parking is not permitted in Front Yard Article 50, Se. 43 Off Street Parking & Loading Req - Off Street Parking Design / Maneuverability

Purpose: Proposed Driveway Curb Cut and Off Street Parking for 2 cars.

Case: BOA-1368532 Address: 60 Chesterfield Street Ward: 18 Applicant: Tania Polanco

Article(s): Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 9 Side Yard Insufficient

Article 69, Section 9 Rear Yard Insufficient

Purpose: Renovation and addition.

Case: BOA-1359438 Address: 22 Hanover Avenue Ward: 3 Applicant: Stephen & Jenny Baldolato

Article(s): Article 54, Section 18 Roof Structure Restrictions Article 54, Section 10 Rear Yard Insufficient

Purpose: Renovation of a single family townhouse. Occupancy to remain single family. Existing building footprint to remain, with new stair and headhouse and an additional two floors over the lower portion of the existing building. The design features a new interior configuration and M.E.P. systems, as well as new envelope penetrations and finishes.

Case: BOA-1383661 Address: 329-329A Columbus Avenue Ward 4 Applicant: Herbal Power, LLC

Article(s): Article 64, Section 12 Use: Conditional - Cannabis establishment

Purpose: Tenant fit out and change in occupancy from restaurant lounge to a cannabis establishment specifically a retail recreational cannabis dispensary, with no change to building footprint.



Case: BOA-1339798 Address: 67 Appleton Street Ward 5 Applicant: HRE 2, LLC

Article(s): Article 64, Section 9 Floor Area Ratio Excessive Article 64, Section 36 Off Street Parking Insufficient

Article 64 Section 9 Insufficient open space per unit

Purpose: Change occupancy from a store and 2 residential units to 3 residential units as per plans.

Case: BOA- 1328495 Address: 7-9 Newbury Street Ward 5 Applicant: UMNV 7 Newbury St, LLC

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. Art. 15 Sec. 15 1Floor Area Ratio Excessive Article 13, Section 1 Front Yard Insufficient Article 32, Section 4.GCOD, Applicability

Purpose: Remove existing 2 story storefront and replace with a new bumped out 2 story storefront addition. Erect a 2 story exterior Elevator shaft @ the rear Facade to be located on low roof

Case: BOA-1371101 Address: 2 Carlisle Street Ward: 12 Applicant: Stephen Stewart

Article(s): Article 10, Section 1Limitation of Area - Limitation of Area of Accessory Uses Article 50, Section 43 Off Street Parking & Loading Req - Location of Off Street Parking not allowed in Front Yard

Purpose: Creating a curb cut and constructing a new driveway for Two Vehicles.

Case: BOA- 1368923 Address: 37 Blakeville Street Ward: 15 Applicant: Mary Lycurgus

Article(s): Article 65, Section 9 Floor Area Ratio Excessive - Existing: 0.41 Proposed: 0.61 (3,087.51 sqft /5,000 sqft)

Purpose: Application of extension of second floor unit to add attic as one unit. Correcting violation: V594523

Case: BOA- 1315464 Address: 31 Torrey Street Ward 17 Applicant: Monyette Vickers

Article(s): Article 10, Section 1 Limitation of parking areas 5’ side yard buffer requirement, Article 65, Section 9 Residential dimensional Reg.s Insufficient usable open space per unit-750sf/unit required free from parking and motor-vehicle access and maneuvering areas, Article 65, Section 41 Off-street parking requirements Insufficient continuous access drive width-10’reg

Purpose: Curb cut/driveway for 3 cars.

Case: BOA- 1336820 Address: 49 Corbet Street Ward 17 Applicant: Shawn Bodden

Article(S):Article 60, Section 9 Front Yard Insufficient Article 60, Section 9 Side Yard Insufficient

Article 60, Section 9 Rear Yard Insufficient

Purpose: Confirm occupancy as one family. Build 2.5 story addition at side of house with full basement. Enclose a portion of the front porch. Remove existing roof and replace with new gable roof with 5' higher peak. We anticipate the need for a variance to enclose the porch and build rear deck. Full kitchen remodel.

Case: BOA- 1183277 Address: 68 Rowe Street Ward 19 Applicant: Michael McGough

Article(s): Art. 67 Sec. 08 Use Regulations Applicable in Residential Sub Districts - 4 family use forbidden

Art. 67 Sec. 09 Open Space insufficient - Required: 4*1,750sqft= 7, 000 sqft Provided: +-4,348 sqft Art. 67 Sec. 09 Side Yard Insufficient - Required: 10' Proposed: 5.4 (R) and 5' (L) Art. 67 Sec. 33 App. of Dimensional Req. - Conformity with existing building alignment. Street modal not provided. Art. 67 Sec. 56 Off street parking requirements - spaces are located in the front yard Article 67, Section 9 Floor Area Ratio Excessive Max. allowed: 0.5 Proposed: 0.92 Article 67, Section 9 Bldg Height Excessive (Stories) Max. allowed: 2.5 Proposed: 3

Article 67, Section 9 Rear Yard Insufficient Required: 40' Proposed rear patio at 35’ but building at 51’

Purpose: Erect (4) unit building per plans on current vacant lot.

Case: BOA-1342865 Address: 684-702 Centre Street Ward 19 Applicant: Eric Lawrence

Article(s): Article 55, Section 16 Use Regulations - Cannabis Establishment is a Conditional use in a NS Sub district.

Article 55 Sect 40 Off Street Parking & Loading Req - Proposed off street parking is insufficient. None is provided.

Purpose: Change of occupancy from an existing retail space into Cannabis Dispensary with recreational use.