Zoning Board of Appeal Hearing

January 15, 2019

Case: BOA-545247 Address: 4 Cleveland Place  Ward  3  Applicant: Matthew Kuschel

Case: BOA-615910Address: 55 West Fifth Street Ward  6 Applicant: 40 B Street, LLC

Case: BOA-909643 Address: 213 West Springfield Street Ward  4  Applicant: Andreas Hwang

Article(s): 32(32-4)

Purpose: Interior renovation of 5 apartments. No exterior work

Case: BOA#909655 Address: 158 Mount Vernon Ward   5 Applicant: Matt Trombadore

Purpose: Install new roof deck according to plans. Walk out skylight to be provided and installed by others. There will be no change in egress and no change in occupancy. All debris to taken to dumpster and removed by E.L. Harvey of Westborough, MA. Section: 9th 780 CMR 1011 Stairways. 1011.12.2 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.

Case: BOA-862277 Address: 337 Chelsea Street Ward 1   Applicant: 337 Chelsea Street, LLC

Article(s): 53(53-8) 53(53-9: Insufficient lot size (2,000sf min. required), Insufficient additional lot area per unit (1000sf/unit min. required), Excessive F.A.R. (1.0 max. allowed), Building height excessive (35' max. allowed), Insufficient open space (300sf/unit required), Insufficient side yard setback (2.5' min. required), Insufficient rear yard setback (25' min. required) & # of stories exceeded (3 story max. allowed)) 53(53-54) 53(53-56)

 Purpose: Raze existing building and erect a 4 unit residential dwelling. ZBA *AE Flood Zone.

Case: BOA-879012 Address: 1 Coppersmith Way Ward  1  Applicant: 6 Coppersmith Way, LLC

Article(s): 53(53-15) 53(53-16: Table H-Excessive F.A.R. (1.0) & Table H footnote (4) - insufficient lot width (35' req.)) 53(53-56)

Purpose: Erect a new 3 family house with roof and rear decks as per plans. Permit set to be submitted upon ZBA approval.

Case: BOA-879010 Address: 6 Coppersmith Way Ward  1  Applicant: 6 Coppersmith Way, LLC

Article(s): 53(53-9: # of allowed stories has been exceeded (3 stories max), Max allowed height has been exceeded (35' max), Insufficient lot size (3000sf req.), Excessive F.A.R. (1.0 max), Insufficient open space/unit (300sf/unit req.), Insufficient side yard setback (2.5' req.) & Insufficient rear yard setback (10' min)) 53(53-56)

Purpose: Erect a new 3 family house with roof and rear decks as per plans. Permit set to be submitted upon ZBA approval. Existing building to be razed under a separate permit.

Case: BOA-875174 Address: 35 Leyden Street Ward 1   Applicant: 35-37 Leyden Street Realty Trust

Article(s): 53(53-8) 53(53-9: Excessive F.A.R. (.8 max), Building height excessive 35' max) & # of allowed stories exceeded (2.5 max.)) 53(53-54) 53(53-56) 53(53-56(a))

Purpose: Raze existing building and erect a 9 unit residential dwelling with 11 parking spaces.

Case: BOA-906285 Address: 186 London Street Ward  1  Applicant: Jose A. Garcia

Article(s): 9(9-1) 53(53-9)

Purpose: Confirm occupancy as three family dwelling for this is an existing condition for many years and renovation first floor and add a bedroom, bathroom in basement.

Case: BOA-904052 Address: 9 Webster Avenue Ward 1   Applicant: Duane Smith

Article(s): 53(53-9: Insufficient lot size (2,000sf req.), Insufficient additional lot area (1000sf/unit req.), Excessive F.A.R. (1.0 max.), Insufficient open space (300sf/unit req.), Insufficient side yard setback (2.25' req.), Insufficient rear yard setback (20' min. req.) & Insufficient parking (1 per unit req.)) 56(53-56)

Purpose: See alt779323 and alt779325 for newly created lot consisting of 801 sf, then erect new three story, two family attached building to 11-15 Webster as modified at meeting with Jeffries Point Civic Association meetings.

Case: BOA-904046 Address: 11 Webster Avenue Ward  1  Applicant: Duane Smith

Article(s): 53(53-9: Reduction of open space (200sf/unit req.), Reduction of req. lot size (2,000sf req.), Reduction of insufficient lot area per unit & Excessive F.A.R. due to reduction in lot size)

Purpose: Confirm as an existing 1 family dwelling then, Combine lot 11 Webster street(parcel#0104748000 - 787sq ft) with Lot B 15 Webster Street (parcel#0104749000 - 787 sq. ft.) to equal a two family dwelling (see alt779325/ALT793945). New address to be known as 11-15 Webster Ave, then allocate 100sf to #9 Webster Ave.  Remaining lot size shall then equal 1474 sf  and 9 Webster Ave. (vacant land) shall have 801sf per stamped land survey.(see ERT779316).

Case: BOA-904048 Address: 11-15 Webster Avenue Ward 1   Applicant: Duane Smith

Article(s): 53(53-9: Insufficient lot area per unit, Insufficient open space per unit, Excessive F.A.R. & Insufficient rear yard setback) 53(53-8) 53(53-56) 53(53-52)

Purpose:  Lots combined under ALT779323 and ALT779325; Newly Proposed work: Gut renovation of confirmed two family structure, raise gable roof, to include, changing occupancy from a two family to a four family in accordance with the submitted plans as modified through meetings by the Jeffries Point Neighborhood Civic Association.

Case: BOA-883295 Address: 2 Ludlow Street Ward 2   Applicant: Timothy Sheehan

Article(s): 62(62-8: Insufficient side yard & Excessive F.A.R.) 62(62-25)

Purpose: This is a new third floor addition on an existing two story single family residence. The new third floor will be 514 s.f. There will be a master bedroom and master bath along with a walk in closet. The new third floor will be accessed by a new stairway from the second floor. There will be limited plan changes on the second floor for the new stairway. We expect to go through the ZBA before we receive a building permit. We are abandoning our earlier application for a rear two-story addition (ALT668053).

Case: BOA-889867 Address: 17 Parker Street Ward 2   Applicant: Annmarie Callahan

Article(s): 62(62-8) 62(62-29) 62(62-62-7-2)

Purpose: Change occupancy two-family dwelling to three-family dwelling. Extended living space and additional unit at garden level ; add 2 new windows at garden level front , new bathroom and new kitchenette, rebuild interior stair from front main Hallway. ZBA.

Case: BOA-905516 Address: 34-42 Warren Street Ward 2   Applicant: Sean O'Donovan

Article(s): 62(62-29)

Purpose: Change Occupancy / renovate existing 2nd Floor Parking Garage to create new Office space in Conjunction with adjacent connected Office building (ALT525427).

Case: BOA-905355 Address: 234 West Newton Street Ward  4  Applicant: Christopher DeBord

Article(s): 16(16-8) 41(41-18)

Purpose: Correct violation to build a deck without permit for unit 2 on top of existing garage at rear of building. New roof deck. *Exterior connection of main structure to detached garage for roof access. (Historic approval required).

Case: BOA-908997 Address: 569 Boylston Street Ward 5   Applicant: Chick-Fil-A, Inc.

Article(s): 9(9-1) 32(32-32-4) 6(6-4)

Purpose: The project consists of a tenant fit-out of the existing 5,280 SF (gross floor area) Boloco restaurant with take-out and outdoor patio seating with 32 seats for seasonal use and converting it to a new Chick-fil-A restaurant with take-out and outdoor patio seating with 14 seats for seasonal use. The proposed work also includes the construction of a ground floor addition onto the front of the building, and additional usable space added to the 3rd floor. The existing Boloco restaurant and take-out uses, located on the ground floor and basement, were authorized by Board of Appeal conditional use permit (BZC 30781), which included a proviso limiting the take-out uses to Boloco.  This proviso will need to be removed or a new conditional use permit for take-out uses will be required.  The work will also expand the restaurant and take-out uses to include the entire second floor of the building, currently used for office.  The existing outdoor patio seating area (authorized by Board of Appeal decision BZC 31047) is being reduced from 32 to 16 seats to accommodate the ground floor addition.

Case: BOA- 909131 Address: 25-27 Dorchester Street Ward  6  Applicant: Michsel O'Sullivan

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

Purpose: Change of occupancy from two-family dwelling and tavern to two-family dwelling. Construct new roof deck (500 SF) for Unit #2.

Case: BOA-896628 Address: 535 East Fourth Street Ward  7  Applicant: JM Investment, LLC

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

Purpose: Renovate the interior of an existing detached three-family apartment building, including changing the interior partition layout. The scope includes window replacement and refinishing exterior cladding. Add a private roof deck. There will be no expansion of the existing building envelope. The building will be sprinklered per NFPA 13D.

Case: BOA-904044 Address: 47 Thomas Park  Ward   7 Applicant: David O'Connor

Article(s): 68(68-33) 68(68-29) 27S(27S-5)

Purpose: Change occupancy from 2-family to 3-family; excavate lowest basement level and add living space; add rear deck at ground level; add roof deck with spiral stair access from rear deck at top level; gut renovate entire building.

Case: BOA-879009 Address: 80 Winthrop Street Ward  8  Applicant: Robert Nichols

Article(s): 50(50-43) 

Purpose: Proposed 3 off street parking spaces. *See DPW for curb cut permitting (Utility pole).

Case: BOA-909744  Address: 11 Ruggles Street  Ward 9   Applicant: GBM Porfolio Owner, LLC

Article(s): 50(50-8) 50(50-11) 50(50-43) 50(50-44)

Purpose: Erect new building on vacant lot to contain 6 residential dwelling units with accessory parking in the rear yard.

Case: BOA-892294 Address: 7 Cherokee Street Ward  10  Applicant: John Pulgini

Article(s): 59(59-37: The proposed parking spaces do not meet the minimum dimensions & Tandem spaces do not provide proper maneuverability) 10(10-1)

 Purpose: Parking of 3 residential vehicles.

Case: BOA-889396  Address: 59 West Walnut Park Ward  11  Applicant: Aigbe Irerua

Article(s): 55(55-9)

Purpose: Legalize existing basement living space for Unit 1.

Case: BOA-893750 Address: 10 Ruthven Park Ward  12  Applicant: Solmon Chowdhury

Article(s): 50(50-29: Lot area insufficient, Lot frontage insufficient, Floor area ratio excessive, Front yard insufficient, Rear yard insufficient & Usable open space insufficient) 50(50-43)

Purpose: Combine existing 2 Lots 1 Ruthven Park and 2 Ruthven Park. Create one lot 10 Ruthven Park. Construct a new 3 story, Three (3) Unit Residential building. There will be 3 Off-Street Parking spaces.

Case: BOA-908280 Address: 41 Winthrop Street Ward 12   Applicant: John Pulgini

Article(s): 50(50-29: Add'l lot area insufficient, Floor area ratio excessive, Bldg height excessive (feet) & Rear yard insufficient) 50(50-28)

Purpose: Change occupancy from a single family to a 4 family and renovate. Extend living space into the basement, new dormers, rear and window's walk addition, as per plans. Permit set to be submitted upon ZBA approval.

Case: BOA-902213 Address: 990-996 Dorchester Avenue Ward 13   Applicant: So Sabe, Inc

Article(s): 65(65-8)

Purpose: Change Occupancy to include Food Service (Catering) in one spaces on the first floor - see plans filed - no work to be done at this time - future tenant will file permit to do the work.

Case: BOA-901760 Address: 10 Talbot Avenue Ward  14 Applicant: Willie E Hicks

Article(s): 60(60-16)

Purpose: Parking of 23 vehicles.

Case: BOA-885605 Address: 83-87 Bowdoin Street Ward  15  Applicant: Yohannes Joseph

Article(s): 9(9-1)

Purpose: Proposed curb cut for 2 Off-Street Parking spaces for existing Three Family Dwelling.

Case: BOA-904509 Address: 364 Gallivan Blvd Ward  16  Applicant: Lawrence Ward

Article(s): 65(65-9)

Purpose: Construct two-story rear addition with new decks to an existing single-family dwelling.

Case: BOA-888984 Address: 84 Granite Avenue Ward  16  Applicant: James Christopher

Article(s): 65(65-9: Lot area insufficient, Lot width insufficient, Lot frontage insufficient, Floor area ratio excessive, Bldg height excessive (stories), Front yard insufficient, Side yard insufficient & Rear yard insufficient) 65(65-8) Purpose: To create a new lot with subdivision see (ALT872758) and construct a new 3 unit residential building.

Case: BOA-888981 Address: 114 Milton Street  Ward  16  Applicant: James Christopher

Article(s): 65(65-9: Lot area insufficient, Floor area ratio excessive & Rear yard insufficient) 9(9-1)

Purpose: Subdivision of existing lot at 114 Milton Street into two lots as per attached plans.

Case: BOA-898983 Address: 960-960H William T Morrissey BLVD Ward  16  Applicant: Vu Phung

Article(s): 65(65-15)

Purpose: Morrissey Nail & Spa - Expansion of existing Nail Salon and Spa. As per plan.

Case: BOA-908276 Address: 872 Morton Street Ward  17  Applicant: John Pulgini

Article(s): 60(60-37: Off-street loading insufficient & Off-street parking insufficient) 60(60-16) 60(60-17: Height requirement is excessive, Open space is insufficient, Rear yard setback requirement is insufficient & Floor area ratio is excessive)

 Purpose: To build a four story wood framed residential building for 40 Units on one story steel framed above ground parking structure with (30) spots. File in conjunction with subdivision plan ALT897200.

Case: BOA-911937 Address: 41 Westminster Street  Ward  18  Applicant: Patrick Mahoney

Article(s): 9(9-1) 69(69-8: Side yard insufficient & Rear yard insufficient)

Purpose: Confirm occupancy as 3 family. Renovation and updates to an existing three-family wood framed building. The scope of work includes the expansion of the third floor unit into and existing attic space and the addition of a three-story exterior porch. The project will include the installation of an automatic sprinkler system.

Case: BOA-890958 Address: 7-15 Catherine Street Ward  19  Applicant: John Lydon

Article(s): 55(55-8) 55(55-9: Excessive F.A.R., Excessive number of stories, Insufficient front yard setback & Insufficient side yard setback)

Purpose: Construction of five (5) adjacent, shared-wall, townhomes. Each home to have four (4) bedrooms, three and one half baths (3.5), kitchen, living room area, front balcony, and a two-car heated and enclosed garage. Units to share access to a 2000 sq. ft. green space located to the rear of proposed structures. (Existing buildings to be razed under a separate permit).

Case: BOA-898191 Address: 40 Mount Hood Road Ward 21   Applicant: 1650 Commonwealth, LLC

Article(s): 51(51-9: Lot area for additional dwelling unit (s) insufficient, Floor area ratio excessive, Height excessive, Usable open space insufficient, Front yard (Mount Hood Rd) insufficient, Front yard (Egremont Rd) (51-50.2 CEBA) insufficient & Rear yard insufficient)

Purpose: Combine 20 Mount Hood (Parcel ID 2102015000- ALT857603), 40 Mount Hood (2102015001- ) and 6 Egremont (Parcel ID 2102016000 - ALT857598) in to one 75,074 square foot parcel. Demolish existing hotel and construct new 182,423 sf multi-family residential building with up to 151 dwelling units with approximately 151 accessory parking spaces and parking of up to 50 vehicles that is ancillary to houses of worship and multifamily residential uses off site.

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-764279  Address: 121 Beacon Street Ward 5  Applicant: Evie Dykema

Article(s): 13(13-13-1) 16(16-7)

Purpose: Remodel/Expand existing penthouse and construct new roof decks

Case: BOA-831693 Address: 53 F Street Ward  7 Applicant: Mark Little

Article(s): 68(68-8: Floor area ratio excessive, Usable open space insufficient, Side yard insufficient & Rear yard insufficient) 27S(27S-9)

Purpose: Demo existing single family dwelling, and erect new 6 unit building as per plans.

Case: BOA-867200 Address: 447 West Fourth Street Ward   7 Applicant: Stuart Mullally

Article(s): 68(68-33) 68(68-8: Floor area ratio is excessive, Height is excessive (40 ft max.) & Rear yard setback insufficient) 27S(27S-5)

 Purpose: Demolish existing single family. Build a new construction 2 family dwelling, as per plans submitted.

Case: BOA- 845532 Address: 605 East Sixth Street Ward  7 Applicant: Mark Little

Article(s): 68(68-8: Usable open space insufficient, Front yard insufficient, Side yard insufficient & Rear yard insufficient) 68(68-34.6) 68(68-7.2) 27S(27S-5)

Purpose: Erect new four (4) residential units. Propose four (4) off-street parking.

Case: BOA#845528 Address: 605 East Sixth Street  Ward 7  Applicant: Mark Little

Purpose: Erect new four (4) residential units. Propose four (4) off-street parking. Section: 521 CMR 10.00 Public and Common Use Spaces. Public use and common use spaces shall include but not be limited to mailboxes, entrances, lobbies and foyers, as well as corridors and stairways leading to dwelling units. 9th 780 CMR 1006 Number of Exits and Exit Access Doorway. Section 1006.3 Egress from stories or occupied roofs. The means of egress system serving any story or occupied roof shall be provided with the number of exits or access to exits based on the aggregate occupant load served in accordance with this section.

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-900138 Address:  191 Talbot Avenue Ward  14  Applicant: Travis Lee

Article(s): 60(60-19) 60(60-37) 60(60-20)

Purpose: Erect 14 unit moderate income apartments, retail/restaurant/service/office use on ground floor and eight off street parking spaces.

Case: BOA-769207 Address: 32-34 Tolman Street Ward 16  Applicant: John Lyons

Article(s): 9(9-1) 65(65-9) 65-(65-9) 65-(65-9) 65-(65-39) 65-(65-41) 65-(65-41)

Purpose: Repair, renovate and extend existing 3 family dwelling at rear ; upgrade kitchens and baths ,general finishes paint /plaster ; repair existing internal stairs, add new egress stair and construct proposed 22 x 24' addition rear of property ; extend living area to basement from 1st floor. 

Case: BOA-894291, Address: 62 Fairmount Street Ward: 17  Applicant: Javier Perez

Article(s): 65(65-9:FloorAreaRatio Excessive; Building Height(#of Stories)Excessive;  & Side Yard Insufficient)

 Purpose: Adding dormers to existing Roof to create a new 3rd Floor.  Extend living space onto 3rd Floor.

Case: BOA-893819 Address: 761 Washington Street  Ward 17  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(65-9) 65(65-9) 65(65-9) 65(65-41)

Purpose: Erect a new 3 family house on a vacant lot as per plans. Permit set to be submitted upon ZBA approval.

Case: BOA-848647, Address: 82 Glencliff Road Ward: 18 , Applicant: Michael Smith

Article(s): 67(67-32)

Purpose: Off street for 2 residential vehicle.

Case: BOA-897122 Address: 115 Federal Street Ward  3  Applicant: MM Real Estate, LLC

Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the permit FND870088. The permit was issued as an allowed use.

Case: BOA-897118 Address: 115 Federal Street Ward  3  Applicant: 75-101 FED Owner, LLC

Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the permit FND870088. The permit was issued as an allowed use.