Zoning Board of Appeal Hearing

September 12, 2023, September 21, 2023, September 26, 2023, October 17, 2023, October 26, 2023 & October 31, 2023

Case: BOA-1066748 Address: 318-320 E Street Ward 6 Applicant: Nicholas Zozula, Esq

Case: BOA-1066736 Address: 1-2 Church Avenue Ward 6 Applicant: Nicholas Zouzla, Esq

Case: BOA-1261925 Address: 150 Kneeland Street Ward 3 Applicant: Timothy Fraser, Esq

Case: BOA-1258631 Address: 1027-1029 Tremont Street Ward 9 Applicant: Jeffrey Drago, Esq

Case: BOA-1285857 Address: 362 Weld Street Ward 20 Applicant: Kathryn Oates-Dacey

Case: BOA-1079364 Address: 6 Oakhurst Street Ward 14 Applicant: Cambiz Raufi

Case: BOA-1133499 Address: 117 Coleridge Street Ward 1 Applicant: Derric Small, Esq

Case: BOA-1523229 Address: 44-46 Winter Street Ward 3 Applicant: Mayara Cordeiro, Esq

Case: BOA-1529769 Address: 1301-1305 Boylston Street Ward: 5 Applicant: Fenway Enterprises 1301 Boylston Street LLC

Article(s): Art. 07 Sec. 03 Conditions for Variance Art. 07 Sec. 4 Other Protectional Conditions Art. 06 Sec. 04 Other Protectional Conditions Art. 06 Sec. 03A Additional Conditions in Restricted Parking District

Purpose: The applicant is requesting a zoning code refusal letter from ISD in order to file an application with the board of appeal to extend the existing and long-standing zoning relief for use of the property for parking. see the enclosed materials for additional information.

Case: BOA-1519941 Address: 506 East Third Street Ward: 6 Applicant: Lindsey Callahan

Article(s): Art 68 Sec 8 Insufficient rear yard set back Art 68 Sec 8 Insufficient side yard setback

Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel has been exceeded Art 68 Sec 29 Roof Structure Restrictions - Reconfiguration of existing roof profile

Purpose: Nominal fee requested. Add a third story to an existing single-family home.

Case: BOA-1501014 Address: 3141 Washington Street Ward: 11 Applicant: Paula Martinez

Article(s): Art. 06 Sec. 04 Other Protectional Conditions

Purpose: Changing provisional granted.

Case: BOA-1527160 Address: 188-190 Fuller Street Ward: 17 Applicant: Alfonso Sira

Article(s): Article 65, Section 9 Floor Area Ratio Excessive - Proposed project will increase FAR by extending living space into the attic for Unit #2. Required FAR .5; Proposed project .67

Art. 80 Sec. 80E 2 Small Proj. Review - Design Review and Design Guidelines required Boston Planning & Development Agency per Article 65, section 37.

Purpose: Demolition of existing roofing and framing. Conversion of attic into additional living space for second floor unit.

Case: BOA-1521693 Address: 83 Deforest Street Ward: 18 Applicant: Vaughn Gibson

Article(s): Article 69 Section 9 Side Yard Insufficient. Art. 69 Sec. 09 FAR Excessive. Art. 69 Sec. 09 Front yard Insufficient. Art. 09 Sec. 01 Reconstruction/Extension of Nonconfroming Bldg. > 1000 s.f. Conditional Use.

Purpose: Addition to rear of existing building.

Case: BOA-1498471 Address: 92 Windham Road Ward: 18 Applicant: Rogerio Lopes

Article(s): Article 69, Section 9 Rear Yard Insufficient

Purpose: Adding a four-season room 8x16 on the right side of the house.

Case: BOA- 1515093 Address: 14 Tarleton Road Ward: 20 Applicant: Donald Coleman

Article(s): Article 56, Section 8 Insufficient side yard setback 10' required Article 56, Section 8 Insufficient front yard setback 20' req.

Purpose: Full renovation of kitchen, bathroom and dining room. Relocation of front entrance. Relocation of other point of egress. Relocation of stairs. New second floor construction: roof with front and rear dormer. New siding.

Addition to kitchen. *Parcel # 2008763000 and Parcel # 2008762000 combined into one new lot to be 9,006sf.

Case: BOA-1547345 Address: 1457 VFW Parkway Ward 20 Applicant: Injaga Delivery-CANNABIS

Article: Art. 56, Section 7 Use: Conditional - Cannabis establishment, delivery and manufacturing

Purpose: Change of occupancy from a retail store to a Cannabis store (Recreational use) with Delivery, Courier and manufacturing (i.e.extraction, processing, packaging) location.

Case: BOA-1539233 Address: 81 Furbush Road Ward 20 Applicant: Gilmar Costa

Article: Article 56, Section 8 - Rear Yard Insufficient

Purpose: Demolition existing deck and build new sunroom deck (same size, same place).

Case: BOA-1486245 Address: 1260 Boylston Street Ward 5 Applicant: Scape, North America

Article: Art. 63, Section 11 Use: Conditional - Amusement game machines in commercial establishment

Purpose: Interior finish out of a 1st gen building. Interior walls, 2 single restrooms, back of house area, and associated MEP's. Immersive Gamebox is closest to an "amusement game machine in a commercial space". It is a "dry" social entertainment concept where customers play in interactive smart rooms.

Case: BOA- 1540780 Address: 32 High Street Ward 2 Applicant: Jane Reitz

Article(s): Article 62, Section 8 Side Yard Insufficient Article 62, Section 8 Floor Area Ratio Excessive

Purpose: Confirm occupancy as one family. Seeking to renovate the existing single family structure including a rear addition and rear decks.

Case: BOA- 1472285 Address: 344 Bremen Street Ward 1 Applicant: Logan Antomotive, INC

Article(s): Article 53 Section 9 Add'l D.U. Insufficient. Art. 53 Sec. 08 Forbidden - Multi Families: 6 Units Forbidden

Art. 53 Sec. 09 Usable open space insufficient. Art. 53 Sec. 09 Front yard setback Insufficient. Art. 53 Sec. 09 Side yard Insufficient. Art. 53 Sec. 09 Rear Yard Insufficient. Art. 53 Sec. 09 Floor Area Ratio Excessive - FAR Excessive Article 53, Section 9 Bldg Height Excessive (Stories) - Allowed 3. Proposed 4 Stories height Article 53, Section 9 Bldg Height Excessive (Feet) - Allowed 35 feet. Proposed 40' 10" Art. 53 Sec. 56 Off St. Parking Requirements - Parking space Insufficient. Article 27T – 5 East Boston IPOD Applicability – IPOD Art. 32 Sec. 32 4 Groundwater Conservation Overlay District, Applicability - GCOD

Purpose: Erect a four (4) story six (6) unit residential dwelling with parking for six (6) vehicles.



Case: BOA-1534938 Address: 250 Bremen Street Ward 1 Applicant: Ciampa Investments, Inc.

Article(s): Art. 27G E Boston IPOD Art. 32 Sec. 04GCOD Applicability Article 25A Section4CFROD 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 9Bldg Height Excessive (Feet) Article 53, Section 9Usable Open Space Insufficient Article 53, Section 9 Rear Yard Insufficient Article 53, Section 56Off Street Parking & Loading Req Art. 53 Sec. 08 Forbidden

Purpose: Erect a new eight (8) unit residential dwelling with parking for six (6) vehicles.

Case: BOA-1539217 Address: 116 Evans Street Ward 17 Applicant: Derric Small

Article(s): Article 60 Section 9 Insufficient additional lot area per unit Article 60 Section 9 Insufficient front yard setback Article 60 Section 9 Insufficient side yard setback Article 60 Section 9 Insufficient open space per unit

Purpose: Confirm as a two family dwelling and change to a three family dwelling, renovate and construct third story per plans submitted

Case: BOA- 1540489 Address: 26 Newburg Street Ward 20 Applicant: Ricardo Hermandez-Pinzon

Article(s): Article 67, Section 9 Rear Yard Insufficient Article 67, Section 9 Front Yard Insufficient Article 67, Section 9 Side Yard Insufficient Article 67, Section 9Usable Open Space Insufficient Article 67, Section 9Bldg Height Excessive (Stories) Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Add'l Lot Area Insufficient

Article 67, Section 9 Lot Area Insufficient

Purpose: Change occupancy to two family. Scope involves addition of roof dormers to create a new 3rd floor unit; additions at the front and rear; renovation of front and back porches to accommodate new unit; and extension of living space into basement. Plumbing and electrical rewiring included.

Case: BOA-1539221 Address: 246R Park Street Ward 20 Applicant: Ivan Hernandez

Article(s): Article 56, Section 8 Rear Yard Insufficient Article 56. Section 8 Side Yard Insufficient Article 56, Section 8 Bldg Height Excessive (Feet)

Purpose: Demo existing garage on separate permit and construct new garage per plans.

Case: BOA-1530397 Address: 125 Redlands Road Ward 20 Applicant: Nan Yang

Article: Article 56, Section 8 Floor Area Ratio Excessive - FAR Excessive (Extension living space in the Attic).

Purpose: Interior layout changes only.

Case: BOA-1535026 Address: 2250 Dorchester Avenue Ward 17 Applicant: John Pulgini

Article(s): Article 65 Section 15 Use Regulations - Drive through bank. Article 65 Section 16 Min. rear yard required: 20' Proposing drive up canopy Article 65, Section 39 Screening & Buffering Req - Proposing fence abutting Residential district Art. 55 Sec. 65 41 Off Street parking insufficient- Reducing number of existing parking spaces. Article 65, Section 32 Neighborhood Design Overlay Districts

Purpose: Change of occupancy to include drive through bank. Remove existing drive thru window and install new drive up canopy at existing Rockland Trust Bank. Remove existing guardrail and install new decorative fence as per plans.

Case: BOA-1512575 Address: 115 Adams Street Ward 15 Applicant: 115 Adams Street, LLC

Article(s): Art. 65 Sec. 42 Off Street Parking Insufficient - Parking space insufficient. Art.65 Sec. 8 Use: Forbidden - Multi Family Use: Forbidden. Art. 65 Sec. 9 Residential Dimensional Reg.s - Add'l Lot area insufficient. Art. 65 Sec. 9 Residential Dimensional Reg.s - Usable open space insufficient. Article 65, Section 9 Floor Area Ratio Excessive - FAR Excessive. Article 65, Section 9 Bldg Height Excessive (Feet) - West staircase head house. Article 65, Section 9 Rear Yard insufficient.

Purpose: On an 8,070 sf+/ lot, erect a new 3 story, 12 unit residential building w/garage and front, side and roof decks and elevator as per plans submitted.

Case: BOA-1498625 Address: 4-6 Milton Avenue Ward: 17 Applicant: Simon Suazo

Article(s): Article 60, Section 8 Use Regulations - Use Conditional

Purpose: Adding used car sales for 6 cars, access is through the garage.

Reason for Prior Deferral: Board deferred from Subcommittee Hearing

Case: BOA- 1415566 Address: 22 Torrey Street Ward 17 Applicant: Anastacio Baptista

Article(s): Art. 65 Sec. 08 Forbidden 5 unit dwelling in a three family subdistrict- Forbidden (per revised plans 11.22.23) Art. 65 Sec. 41 Off street parking requirements Insufficient parking Art. 65 Sec. 65-41.4 Parking in the Front Yard Corner lot-Two front yards Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot size Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot width Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot width frontage Art. 65 Sec. 9 Residential Dimensional Reg.s Excessive f.a.r Art. 65 Sec. 9 Residential Dimensional Reg.s Max allowed building height exceeded- Corrected via resubmitted plans 11.22.23 Art. 65 Sec. 9 Residential Dimensional Reg.s Number of allowed stories exceeded Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient front yard setback Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient side yard setback

Purpose: Erect a three story 5 unit b vehicle easement access for 26 Torrey street. See ALT1357306 for subdivision (Nominal Fee) building with 5off street parking spaces on the newly created lot B consisting of 4971sf lot with vehicle easement access for 26 Torrey street. See ALT1357306 for subdivision.

Reason for Prior Deferral: The appeal had to be re-advertised

Case: BOA-1415562 Address: 26 Torrey Street Ward 17 Applicant: Anastacio Baptista

Article(s): Art. 65 Sec. 41 Off street parking requirements Design of space sizes and clear access Art. 65 Sec. 9 Residential Dimensional Reg.s Excessive f.a.r. (Missing variance added 11.22.23) Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot size Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot width Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot width frontage Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient side yard setback

Purpose: Subdivide 8,330sf lot into two lots. Lot A shall have 3,359sf and shall maintain the existing three family w/three off street parking spaces to remain as 26 Torrey Street (space #'s 1,2,3,) and lot B shall contain 4971sf and be newly known as 22 Torrey Street with a proposed 16' wide easement access from Moody street for vehicle access to parking spaces by 26 Torrey street. Application has been filed in conjunction with ERT1353053 for structure and other proposed off-street parking.

Reason for Prior Deferral: The appeal had to be re-advertised

Case: BOA- 1443137 Address: 43-45 Stanton Street Ward 17 Applicant: Marc LaCasse, Esq

Article(s): Art. 55 Sec. 65 41 Off Street parking insufficient - Parking spaces required: 21 Proposed: 191 accessible parking required, see building code refusal letter. Art. 65 Sec. 08 Forbidden - Multifamily use Art. 65 Sec. 41 Off St. Loading Req'mnts - 1 loading bay required Article 65, Section 9 Floor Area Ratio Excessive - Max. allowed: 0.4 Proposed: 1.2 Article 65, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 2.5 Proposed: 4 Article 65, Section 9 Bldg Height Excessive (Feet) - Max. allowed: 35' Proposed: 45' 2" Article 65, Section 9 Rear Yard Insufficient - Min. required: 30' Proposed: 13.1'

Purpose: Change of occupancy from convent to multifamily with 14 dwelling units with 19 parking spaces; renovate existing structure and add new 4 story addition at rear of existing building; demolish one story garage at rear of property (Short Form #); new systems and add sprinkler system.

Reason for Prior Deferral: The motion failed and the applicant requested a deferral

Case: BOA-1479078 Address: 841 Columbia Road Ward 13 Applicant: 843 Columbia Road, LLC

Article(s): Article 65, Section 9 Front yard insufficient Article 65, Section 9 Side yard insufficient Article 65, Section 9 Floor Area Ratio Excessive - FAR Excessive. Article 65, Section 9 Bldg Height Excessive (Stories) - Stories height excessive. Art.65 Sec. 8 Use: Forbidden - Multiple Family Forbidden Use. Article 65, Section 9 Lot Frontage Insufficient - Lot Frontage insufficient. Art. 65 Sec. 41 Off street parking requirements - Off street parking insufficient.

Purpose: “Seeking to combine parcel 1303314000 and parcel 1303313000 to create a 7,098 square foot lot to be known as 841 Columbia Road. Also, to erect a new building with 6 residential units and 6 parking spaces. Project will include one unit as affordable.” (Need apply Alteration permit to combine lot separately).

Reason for Prior Deferral: The applicant requested a deferral and one was granted



Case: BOA-1535335 Address: 98 Bennington Street Ward 1 Applicant: 98-100 Bennington Street, LLC

Article(s): Art.53 Sec. 08 Use: Forbidden - Use Forbidden: Mutiple Family Art. 53 Sec. 09 Dimensional Regulations - Add'l Lot Area Insufficient. Art. 53 Sec. 09 Side Yard Insufficient. Art. 53 Sec. 52 Roof Structure Restrictions - Alteration change roof profile.Article 53, Section 9 Floor Area Ratio Excessive - FAR Excessive. Article 53, Section 9 Bldg Height Excessive (Feet) - Proposed 49' 9".Article 53, Section 9 Bldg Height Excessive (Stories) - Proposed 4 stories height. Art. 53 Sec. 56 Off St. Parking Requirements - Off street parking insufficient. Article 27T 5 East Boston IPOD Applicability - IPOD Overlays Art. 32 Sec. 04 GCOD Applicability

Purpose: Change occupancy from a three (3) to a four (4) unit residential dwelling by remodeling, erecting vertical addition with roof deck and new rear decks and extending living space of unit 1 into basement.

Reason for Prior Deferral: The applicant requested a deferral and it was granted

Case: BOA#1535337 Address: 98 Bennington Street Ward 1 Applicant: 98-100 Bennington Street, LLC

Purpose: Change occupancy from a three (3) to a four (4) unit residential dwelling by remodeling, erecting vertical addition with roof deck and new rear decks and extending living space of unit 1 into basement.

Violation Violation Description Violation Comments 9th 780 CMR 1011 Stairways IBC Art.1011.12 Stairway to the roof, access to the roof shall be provided through a penthouse.

Reason for Prior Deferral: The applicant requested a deferral and it was granted

Case: BOA-1533260 Address: 106 Barnes Avenue Ward 1 Applicant: BBD Griffin Avenue, LLC

Article(s): Article 53 Section 8 Use Regulations - 3 Family dwelling is a Forbidden Use in a 2F 4000 sub district

Article 53, Section 56 Off Street Parking & Loading Req - Off street parking is insufficient. 1 Space required per unit. 2 spaces provided.

Purpose: Change of occupancy from a 1 family to a 3 family.

Reason for Prior Deferral: The applicant requested a deferral and it was granted

Case: BOA-1536698 Address: 1208C VFW Parkway Ward 20 Applicant: 705 Plantation St. Realty Trust, LLC-ARTICLE 80

Article(s): Art. 56, Section 15 Use: Conditional -MFR Conditional Article 56 Section 16 Building Height

Purpose: Erect a new 5 story, multi family, 55 residential unit building, totaling approximately 62,140GSF with at grade parking. Building features a green roof and private roof decks. Demolition of existing 30,000 SF commercial building to be filed under separate permit.

Case: BOA-1539060 Address: 19 Pinecliff Road Ward 20 Applicant: Robert M. Cuddy Jr.

Article(s): Art. 56, Section 7 Use: Forbidden - The change of use from a two family to a three family is forbidden.

Art. 56 Sec. 08 Floor Area Ratio excessive - The proposed third floor unit will exceed the required FAR of .8

Purpose: Existing 3rd Floor No exterior work No structural Work Rough Electrical, Plumbing and Gas signed off on old Permit. Change from 2 family to 3 family. Egress for unit #3 permitted on ALT1404513, issued on March 7, 2023, other work performed on various permits.

Case: BOA-1535266 Address: 176 Minot Street Ward 16 Applicant: JP Doherty

Article(s): Article 65, Section 9 Floor Area Ratio Excessive -The proposed renovations will exceed the required FAR of .5 Art. 65 Sec. 08 Forbidden - Proposed project is a change of use from three family and a professional office to four Family. The professional office will be the fourth unit. The basement unit appealed by ZBA March 11th 1986 (BZA#8274) & LF1435.

Purpose: Change use of occupancy of the 1st floor commercial space to residential and renovations to the basement apartment. (Three to Four Units)



Case: BOA- 1547581 Address: 14 Hillside Street Ward 10 Applicant: Derric Small

Article(s): Art. 59, Section 37 Off street parking insufficient. Art. 59, Section 7 Use: Forbidden - 3 Family Use: Forbidden.

Purpose: Chance of occupancy to a 3 family by adding new 13R sprinkler system and fire alarm to the whole house and add internal stairway case to the 2nd and 3rd floor unit. Per plans.

Case: BOA-1535768 Address: 297 Bunker Hill Street Ward 2 Applicant: Douglas MacDonald

Article(s): Art. 62 Sec. 25 Roof Structure Restrictions - Alter Change roof line profiles Article 62, Section 8 Rear yard insufficient. Art. 62 Sec. 08 Side yard insufficient Article 62, Section 8 Usable Open Space Insufficient Article 62, Section 8 Floor Area Ratio Excessive - FAR Excessive.

Purpose: This is for the enlargement of and reconstruction of an existing one car garage into a two-car garage. The addition of a bi level rear deck which will extend over the same expanded garage and a roof deck accessed via. a new set of stairs and hatch. ZBA relief will be required. Please see ALT1483105.

Case: BOA-1390898 Address: 161 Leyden Street Ward 1 Applicant: Taylor Ferguson

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg - > 25% - Forbidden Art. 53 Sec. 52 Roof Structure Restrictions - Max allowed height exceeded Art. 53 Sec. 52^ Roof structure restrictions - Roof Access Art. 53 Sec.08 Forbidden - Accessory Roof decks to a forbidden MAIN USE in a 2f sub-district-Forbidden Article 53 Section 9 Insufficient side yard setback

Purpose: Install roof deck per plans, 6 dwelling units #ERT620498.

Case: BOA-1550520 Address: 10A Park Lane Ward 11 Applicant: Martell Johnson, Esq

Purpose: The petitioner seeks a determination that the Inspectional Services Department erred in issuing the permit #ERT1318263 and incorrectly relied on Article 4.1 in violation of height and front yard setback requirements and without Neighborhood Design Overlay District