Zoning Board of Appeal Hearing

February 26, 2019

Case: BOA-551171 Address: 291 Roxbury Street Ward 9 Applicant: Scott Webster

Case: BOA-810868 Address: 9 Johnny Court  Ward  3  Applicant: Tao Cai

Article(s): 32(32-4)

Purpose: Change of Occupancy from two-family dwelling to five residential units. Proposed two story vertical addition with roof deck and renovate as per plans. Construct new means of egress to public way.

Case: BOA-918476 Address: 161 West Brookline Street Ward 4   Applicant: Alpine Advisory Services

Article(s): 32(32-4)

Purpose: Amendment to ALT890379. Install new staircase to crawl space in basement. Excavate approximately 3' to create mechanical room and storage. Sprinkler tanks will be installed here per plan. Pour new slab. Install new sliding door at rear of top floor with guardrail.

Case: BOA-911272 Address: 9 Chelsea Street Ward  1  Applicant: Linear Retail #18, LLC

Article(s): 27GE 53(53-12: Excessive height (> 35'), Excessive F.A.R. & #5 insufficient side yard setback abutting a residential sub-district) 53(53-11: Restaurant 3rd flr - Conditional, General retail 2nd and 3rd flr - Conditional & Fitness gym 2nd flr and 3rd flr - Conditional) 52(52-25)

Purpose: Erect a 3 story structure. First level to include general retail, 36A-Restaurant, Bank and sit down restaurant. Second level to include general retail, fitness and office. Third level to include general retail, fitness, office and restaurant.

Case: BOA-856175 Address: 101 Condor Street Ward  1  Applicant: PMT Realty, LLC

Article(s): 53(53-8) 53(53-9: Floor area ratio excessive, Building height excessive, Building height (# of stories) excessive, Rear yard insufficient & Front yard insufficient) 53(53-56: Off-street loading insufficient & Off-street parking insufficient) 53(53-57)

Purpose: Raze existing Building. Erect a 4 story, Eighteen (18) Unit Residential Dwelling with Parking Garage for 18 Vehicles. There will be a Common Roof Deck for all Building Residents.

Case: BOA-859149 Address: 251-253 Meridian Street Ward 1   Applicant: Benjamin Hildebrand

Article(s): 53(53-11: Cannabis establishment use - conditional & Accessory storage to main use in basement (1,000sf) - conditional

Purpose: BR, Inc. proposes to operate a Cannabis Establishment at 253 Meridian St, East Boston. Cannabis establishment to be co-terminus Medical Marijuana Dispensary with Recreational Retail Marijuana (Medical and Recreational, shared space). Alterations to the existing building to include typical interior and exterior upgrades for a retail establishment, as well as installation of ac-cess control measures and security systems.

Case: BOA-922475  Address: 69-71 Maverick Square Ward 1   Applicant: Julius Sokol

Article(s): 53(53-11)

Purpose: Change Occupancy from a Dry Cleaning Store w/accy Storage to 6 Apartments and a Registered Marijuana Dispensary.

Case: BOA-885364 Address: 301 Saratoga Street Ward  1  Applicant: Jonathan Ryan                                  

Article(s): 53(53-9: Usable open space is insufficient & Lot area for the add'l dwelling unit is insufficient)

Purpose: Change occupancy from a two family and store to a 3 family and renovate to include new electrical, plumbing, hvac, kitchen and baths. (Roof deck to be applied for on a separate amendment due to ZBA requirements).

Case: BOA-919606 Address: 187 Sumner Street Ward  1  Applicant: East Boston Community Development Corporation

Article(s): 27T(27T-5) 53(53-9: Insufficient additional lot area per unit, Excessive F.A.R., # of allowed stories has been exceeded, Max. allowed height exceeded, Insufficient usable open space & Insufficient rear yard setback) 53(53-56) Purpose: Subdivide the existing 16,259 sq ft lot into 2 lots. First lot to be known as 191-201 Sumner St, will contain 8,978 sq. ft. Second lot to be known as 187 Sumner St will contain 7,281 sq. ft. Also, to erect a 7-story building with 42 affordable residential units & 5 parking spaces. See ALT914336.

Case: BOA-919605 Address: 191-201 Sumner Street Ward  1  Applicant: East Boston Community Development Corporation

Article(s): 27T 53(53-9: Insufficient additional lot area per unit, Excessive F.A.R., Insufficient open space per unit & Insufficient side yard) 53(53-56)

Purpose: To subdivide the existing 16,259 square foot lot into 2 lots. The first lot, to be known as 191-201 Sumner St, will contain 8,978 sq ft, and the existing 3-story, mixed-use building will remain. No work to be done. The second lot, to be known as 187 Sumner St, will contain 7,281 sq ft. See ERT914346.

Case: BOA-878698 Address: 173 Trenton Street  Ward 1   Applicant: ELK RE2, INC

Article(s): 53(53-8) 53(53-56: Off-street parking insufficient & Maneuverability areas insufficient (Driveway aisle less than 10'-0")) 53(53-9: Usable open space insufficient, Add'l lot area insufficient & Floor area ratio excessive)

Purpose: Change occupancy from a three-family dwelling to a four-family dwelling by legalizing the existing fourth unit. Also to renovate the building, including reconstructing existing rear decks and installing a sprinkler system in the building. Propose (4) off-street parking.

Case: BOA-916798 Address: 80-82 Summer Street Ward  3  Applicant: Paul Zerola

Article(s): 13(13-4) 17(17-1)

Purpose: Change Occupancy from an Office, Restaurant and 3 Apartments, to a Restaurant & 4 Apartments.

Case: BOA-915460 Address: 71-73 Gainsborugh Street Ward  4  Applicant: Peter Vanko

Article(s): 66(66-9) 66(66-42) 32(32-4)

Purpose: Within existing volume, create garden level unit to change the occupancy from a 9 unit building to a 10 unit building.

Case: BOA-884514  Address: 120 Brookline Avenue  Ward  5  Applicant: Fenway Enterprises 120 Brookline Avenue LLC

Article(s): 66(66-11)

Purpose: Change of occupancy for the lowest level of a three story building from Office use to Cannabis Establishment use.

Case: BOA-919270  Address: 52 Hereford Street  Ward  5  Applicant: My Lam

Article(s): 8(8-6) 6(6-4) 

Purpose: Change occupancy from  1 retail, 1 frozen yogurt shop w/take out & outdoor seating, 7 offices, hair salon w/massage to Cafe with take out & out door seating, 1 retail,  7 offices, hair salon w/massage. Work includes replacing floors and countertop. All safety systems to remain. Work to be done at 305 Newbury St.

Case: BOA-915720  Address: 85 Newbury Street Ward  5  Applicant: Thinking Cup Newbury LLC

Article(s): 8(8-7) 9(9-1)

Purpose: Expand existing restaurant (use item 37 and use item 36A) "Thinking Cup" into adjacent building 91 Newbury Street by creating an opening in the fire/party wall and installing a fire shutter. Tenant im-provements per plans. companion to alt900340.

Case: BOA#915722 Address: 85 Newbury Street Ward   5 Applicant: Thinking Cup Newbury LLC

Purpose: Expand existing restaurant (use item 37 and use item 36A) "Thinking Cup" into adjacent building 91 Newbury Street by creating an opening in the fire/party wall and installing a fire shutter. Tenant improvements per plans. companion to alt900340. Section: 9th 780 CMR 706 Fire Walls. 706.1.1 Party walls. Any wall located on a lot line between adjacent building, which is used or adapted for joint service between the two buildings, shall be constructed as a fire wall in accordance with Section 406. Party walls shall be constructed without openings and shall create separate buildings.

Case: BOA-923530 Address: 91 Newbury Street Ward  5  Applicant: Thinking Cup Newbury LLC

Article(s): 8(8-7) 9(9-1)

Purpose: Change Occupancy to include Restaurant ( Use item 37 and Use item 36A). Open fire / party wall to allow expansion of existing Restaurant "Thinking Cup" at 85 Newbury Street into the ground level of 91 Newbury Street. Install a fire shutter. Tenant improvements per plans. Companion to ALT900324.

Case: BOA#923522 Address:  91 Newbury Street Ward  5  Applicant: Thinking Cup Newbury LLC

Purpose: Change Occupancy to include Restaurant ( Use item 37 and Use item 36A). Open fire / party wall to allow expansion of existing Restaurant "Thinking Cup" at 85 Newbury Street into the ground level of 91 Newbury Street. Install a fire shutter. Tenant improvements per plans. Companion to ALT900324. Section: 9th 780 CMR 706 Fire Walls. 706.1.1 Party walls. Any wall located on a lot line between adjacent building, which is used or adapted for joint service between the two buildings, shall be constructed as a fire wall in accordance with Section 406. Party walls shall be constructed without openings and shall create separate buildings.

Case: BOA-913173 Address: 163 Newbury Street Ward  5  Applicant: Blue Bottle Coffee, Inc

Article(s): 8(8-7: Use item #36A, take out restaurant, conditional & Use item #37, restaurant, conditional)

Purpose: Change occupancy to include second restaurant use item 37 and take-out use item 36A. Tenant fit-out on first floor. Add rear trash enclosure. Six seat front outdoor patio seating per companion "use of premise" application. in companion to U49900234.

Case: BOA-871937 Address: 1A Barnard Place Ward  6  Applicant: Patrick Cibotti

Article(s): 68(68-34.2) 68(68-8: Front yard insufficient & Rear yard insufficient) 27S(27S-5)

Purpose: Erect a new two-family dwelling with a roof deck and 4 parking at ground level, as per plans.

Case: BOA-905269 Address: 580 East Broadway  Ward  6  Applicant: George Morancy

Article(s): 68(68-8: Floor area ratio excessive, Bldg height excessive (feet), Front yard insufficient & Side yard insufficient) 27S(27S-5) 68(68-29) 68(68-33)

Purpose: Change of occupancy form single-family dwelling & 1 store to five-family dwelling. Construct new rear addition, fourth story addition, and roof deck. Propose 4 car parking garage. Full renovation.

Case: BOA-912147 Address: 809 East Broadway  Ward  6  Applicant: George Morancy

Article(s): 27S(27S-5) 68(68-29) 68(68-8: Bldg height excessive (feet), Usable open space insufficient & Side yard insufficient)

Purpose: Full interior renovation to existing four-family dwelling. Construct rear decks with egress to the rear of the property. Construct new roof deck with head house access. Extend living space to basement for Unit 1. Propose four (4) off-street parking at rear through private way.

Case: BOA-918458 Address: 832 East Third Street Ward  6  Applicant: Patrick Mahoney

Article(s): 67(67-9) 27S(27S-5)

Purpose: Construct new second floor addition above existing first floor footprint to existing single-family dwelling. Full renovation.

Case: BOA-906847 Address: 202 West Broadway  Ward   6 Applicant: George Morancy

Article(s): 27S(27S-5) 68(68-33) 68(68-8: Side yard insufficient, Bldg height excessive (feet) & Floor area ratio excessive) 68(68-7) 68(68-29)

Purpose: Change occupancy of building from 4 residential units with garage to 4 residential units with office space on ground floor. Permit seeks to change garage to a office use. Additionally, applicant seeks to add a private roof deck for top floor exclusive use with headhouse per plans (attached).

Case: BOA-824773 Address: 19--23 Clapp Street  Ward  7  Applicant: Timothy Johnson

Article(s): 65(65-41) 65(65-9: Rear yard insufficient, Side yard insufficient, Front yard insufficient, Bldg height excessive (feet), Bldg height excessive (stories) & Floor area ratio excessive) 65(65-8)

 Purpose: Erect new 5 story, 12 unit building w/20 car garage and front, side and roof decks as per plans submitted.

Case: BOA-907797 Address: 744-748 Dudley Street Ward 7    Applicant: Saturnino Guerrero

Article(s): 65(65-15)

Purpose: Change of occupancy to include Takeout #36A to existing Restaurant - no work to be done.

Case: BOA-910427 Address: 3231 Washington Street Ward  11  Applicant: Matthew Javitch

Article(s): 55(55-8) 55(55-9: Add'l lot area insufficient & Floor area ratio excessive) 55(55-9.3) 55(55-40) 

Purpose: Change of occupancy from 2 to 4 units. Renovation of existing triple-decker including kitchens, baths, relocate building systems, sprinkler, paint or replace exterior siding.

Case: BOA-914494 Address: 10-12 Sagamore Street Ward  13  Applicant: Andrew Schena

Article(s): 10(10-1) 9(9-1)

Purpose: Curb Cut, grading of property, and paving area to accommodate 2 parking spaces.

Case: BOA-922089 Address: 430-454 Blue Hill Avenue  Ward 14   Applicant: Pure Oasis LLC

Article(s): 50(50-19)

Purpose: Retail Build out for cannabis dispensary, including electrical, and plumbing work.

Case: BOA-913728 Address: 1510-1514 Dorchester Avenue Ward  16  Applicant: Long Ngoc Le

Article(s): 65(65-15)

Purpose: Change of occupancy at 1512 Dorchester Ave. from convenience store to hair salon.

Case: BOA-916199 Address: 26 Ericsson Street Ward  16 Applicant: Ralph Bruno

Article(s): 65(65-18: Use: Restaurant with function hall (conditional) & Use: Light manufacturing (winery) forbidden) Purpose: Change occupancy from wood working use to restaurant with function hall, light manufacturing (winery)Increasing Occupancy in existing restau-rant/lounge from 49 persons to 120 persons. Install Fire Alarm system.

Case: BOA-914298 Address:  102 Neponset Avenue Ward   16 Applicant: Terence O'Reilly

Article(s): 65(65-8) 65(65-9: Floor area ratio excessive, Bldg height excessive (stories) & Rear yard insufficient) 65(65-9.2) 10(10-1) 65(65-41: Off-street parking insufficient & Location. Off-street parking shall not be located in any part of a front yard)

Purpose: Erect new multi-family dwelling (six residential units). Propose six (6) off-street parking.

Case: BOA-921790 Address: 97 Pierce Avenue  Ward   16 Applicant: John Pulgini

Article(s): 65(65-8) 9(9-2)

Purpose: Change occupancy from Two-Family Dwelling to Three-Family Dwelling. Renovate as per plans. Propose (1) additional off-street parking.

Case: BOA-897691 Address: 571American Legion Hw Ward  18  Applicant: Matt Miller

Article(s): 67(67-33.1) 67(67-30)

Purpose: Construct detached commercial shell (Retail/Restaurant/Salon) building with (3) off street parking spaces in addition to (9) residential townhouse units filed on ERT860967. This shall be one of two structures on the same lot. E-Plan provided for courtesy purpose only; 2 sets will be submitted to counter #2.

Case: BOA-897974 Address: 602 Canterbury Street Ward  18  Applicant: Matt Miller

Article(s): 67(67-33.1) 67(67-32) 67(67-30)

Purpose: Construct a (9) unit townhouse design building which shall be one of two structures on one lot. This application has been filed in conjunction with ERT868686 for the construction of a detached commercial use structure (shell only for either a Cafe/retail - TBD) E-Plan provided for courtesy purpose only; 2 sets will be submitted to counter #2.

Case: BOA-900693 Address: 20 Rich Street  Ward  18  Applicant: Phyllis Brown

Article(s): 60(60-9: Front yard insufficient, Side yard insufficient & Rear yard insufficient)

Purpose: Construct second floor addition with roof deck for existing single-family dwelling. Full interior renovation.

Case: BOA-903904 Address: 231-233 West Street Ward   18 Applicant: Joseph Duca

Article(s): 9(9-1) 69(69-9)

Purpose: Adding shed dormers on the attic, making additional room.

Case: BOA-893770 Address: 401A-405 Centre Street Ward  19  Applicant: Derric Small

Article(s): 55(55-16)

Purpose: Change the legal occupancy to include a retail Cannabis establishment.

Case: BOA-907735 Address: 4014 Washington Street Ward  19  Applicant: Felipe Duran

Article(s): 67(67-11)

Purpose: Add Live Entertainment to Restaurant.

Case: BOA-99882 Address: 101 Kilmarnock Street Ward  21  Applicant: Stanhope Garage, Inc

Article(s): 6(6-3A) 66(66-8)

Purpose: The Applicant seeks to continue to use the premises as an open air public parking lot for fee, capacity 15 spaces beyond existing expiration date of December 31, 2019, under decision BOA626421.

Case: BOA-918834 Address: 190 North Beacon Street  Ward  22  Applicant: Molly Pidgeon

Article(s): 51(51-16)

Purpose: Changing occupancy from Store to Brewery with small Restaurant and fit out for brewery in kitchen as per plans and specifications. Brewering onsite with grain room and support areas, bar, kitchen and dining area. Bathroom renovations and upgrades. New finishes to include, flooring, paint, wall finishes, new lighting package, reuse existing.

Case: BOA-874955 Address: 134 Chelsea Street Ward 1   Applicant: 134 Chelsea RE LLC

Article(s): 9(9-2) 53(53-8) 53(53-9: Insufficient additional lot area - 1000sf/unit req., Excessive F.A.R. - 1.0 max, Insufficient open space - 900sf/unit req., Insufficient side yard setback - 2.5' min req., Insufficient rear yard setback - 30' min. req., # of allowed stories exceeded - 3 story max & Max allowed height exceeded - 35' max.) 53(53-56) 53(53-52) 53(53-54)

Purpose: Seeking to change the occupancy from a 2 family & store to a four-family dwelling and renovate the building including a rear addition, a fourth-story addition the installation of a fire protection system.

Case: BOA-889104 Address: 306 K Street Ward  6 Applicant: Marc LaCasse

 Article(s): 27S(27S-5)

 Purpose: Full interior renovation of an existing five-unit residential build-ing. Reconfigure interior layout. Add bedrooms. New finishes throughout. Install new hard-piped sprinkler system with monitored alarm. Newwindows. Update plumbing and electrical. Install new Hydro Air heat and air conditioning systems.

Case: BOA-787634, Address: 500-502A East Broadway , Ward 6 Applicant: James Christopher

Article(s): 27S(27S-5S) 68(68-8: Lot area for the add'l dwelling units is insufficient, Floor area ratio is excessive, Front yard setback requirement is insufficient, Side yard setback requirement is insufficient & Usable open space is insufficient) 68(68-33) 

Purpose: To raze existing single story building, and erect a new 3 story mixed use building to include a commercial space with 6 Residential Units at grade with 6 interior parking spots

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-872900 Address: 794R Shawmut Avenue Ward 9  Applicant: Jean P. Teleau

Article(s): 50(50-29: Lot size for the two family is insufficient, Floor area ratio is excessive, Side yard requirement is insufficient, Rear yard requirement is insufficient & Usable open space is insufficient) 50(50-43)

Purpose: To proceed to ZBA to correct Violation v391790 per plans: 1) Approved roof deck enclosed with extended fire balcony; 2) Basement habitable spaces and other related works per plans filed. Change occupancy from a one to a two fam-ily

Case: BOA-851286 Address: 474 Hyde Park Avenue Ward  18 Applicant: Juan Rojas

Article(s): 51(51-16)

Purpose: Changing occupancy from Store to Brewery with small Restaurant and fit out for brewery in kitchen as per plans and specifications. Brewering onsite with grain room and support areas, bar, kitchen and dining area. Bathroom renovations and upgrades. New finishes to include, flooring, paint, wall finishes, new lighting package, reuse existing.

Case: BOA-872019 Address: 46 Sheridan Street Ward 19  Applicant: 211 South LLC

Article(s): 09(9-1) 55(55-9) 55(55-9) 55(55-9) 55(55-9) 55(55-9)

 Purpose: Construct a rear addition. Renovate the building including a sprinkler system to existing four-unit multi-family dwelling.

Case: BOA-765159  Address: 139 Walter Street   , Ward 20 Applicant: Nora Duclos

Article(s): 69(69-9) 69(69-9) 69(69-9) 69(69-9) 69(69-9) 69(69-9) 69(69-29.5)

69(69-29)

Purpose: Construct new 2-family town house dwelling per plans