Zoning Board of Appeal Hearing

MAY 19, 2022 & MAY 24, 2022

Case: BOA-897172 Address: 509 East Fifth Street Ward 6 Applicant: George Morancy, Esq

Case: BOA-896586 Address:509R East Fifth Street Ward 6 Applicant: George Morancy, Esq

Case: BOA- 1012287 Address: 199 Gardner Street Ward 20 Applicant: Michael Parker

Case: BOA- 699598 Address: 289 Walk Hill Street Ward 18 Applicant: Nicholas Zozula, Esq

Case: BOA- 1224583 Address: 1 Washington Mall Ward 3 Applicant: Dennis Quilty, Esq

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- 1328225 Address: 433 Marlborough Street Ward 5 Applicant: Christine McMahon

Article(s): Article 32, Section 4.GCOD, Applicability - Groundwater Conservation Overlay District Applicability

Purpose: Install new patio, window wells and recharge system per plans. Amendment to permit ALT117131.

Case: BOA-1332018 Address: 421 Saratoga Street Ward 1 Applicant: Kinvarra Capital, LLC

Article(s): Art. 53 Sec. 09 Demensional Regulations Applicable in Residential Sub Districts ·Usable open space per dwelling units do not meet the minimum requirements. ·Front, side & rear setbacks to do not meet the minimum requirements. ·Building Height exceeds maximum (Feet) for roof decks (3), roof deck access (3) and elevator penthouse. ·F.A.R. exceeds maximum requirements. Art.53 Sec.08 Use Forbidden - Two family to Eight units Article 53, Section 52 - Roof Structure Restrictions Art. 53 Sec. 56 Off Street Parking - The number of spaces and dimensions of parking spots do not meet minimum requirements. Purpose: Seeking to renovate the existing structure and erect additions, for a total of 8 residential units and 8 parking spaces.

Case: BOA-1267825 Address: 295 Webster Street Ward 1 Applicant: Aaron Daigneault

Article(s): Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Floor Area Ratio Excessive

Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 56 Off Street Parking & Loading Req - Off Street Parking Insufficient Purpose: Change of occupancy from single family to three family dwelling. Extend living space to basement for additional unit. Renovate and upgrade M.E.P.



Case: BOA-1267823 Address: 295 Webster Street Ward 1 Applicant: Aaron Daigneault

Article(s):Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 52 Roof Structure Restrictions Article 27T 5 East Boston IPOD Applicability

Purpose: Construct roof deck addition with enclosed access.

Case: BOA-1334585 Address: 18 Midland Street Ward 13 Applicant: James Christopher

Article(s): Art. 65 Sec. 08 Forbidden - three family use Art. 65 Sec. 41 Off street parking requirements - Insufficient parking (update conversion from one to a three family) Purpose: To construct a third story addition, and change occupancy from 2 to 3 residential units as per the attached plans. *See Alt931362 for addition.

Case: BOA- 1193958 Address: 1154-1156 Dorchester Avenue Ward 15 Applicant: Karen Diep

Article(s): Article 65 Section 16 Lot area for the add'l unit is insufficient Art. 56, Section 16 Floor area ratio is excessive Article 65 Section 16 Floor area ratio is excessive Article 65 Section 16 Height requirement is excessive (stories) Article 65 Section 16 Height requirement is excessive (ft) Article 65 Section 16 Usable open space is insufficient Article 65 Section 16 Rear yard setback requirements is insufficient Art. 65 Sec. 41 Off street parking requirements - Off street parking requirements is insufficient Art. 80 Sec. 80E 2 Small Proj. Review - Small project review applicability Art. 65 Sec. 41 Off St. Loading Req'mnts - Off street loading requirements is insufficient Purpose: To add 3 story addition to existing 3 story building. Change occupancy from Professional Office, Function and community center to Professional Office, Retail Space and 23 Residential Units as per plans.

Case: BOA- 1288194 Address: 60-64 Hill Top Street Ward 16 Applicant: James Christopher

Article(s): Article 42D 3 Use Regulations-Athletic Facility Use: Conditional Purpose: Change of occupancy from Commercial Warehouse Distributor to Commercial Warehouse Distributor and Athletic Facility. Interior renovation and tenant fit out for new space as per the attached plans.

Case: BOA- 1327256 Address: 1578 Blue Hill Avenue Ward 18 Applicant: Cantina Hospitality, LLC

Article(s): Article 60 Section 37 Street Wall Continuity - Free standing PYLON sign encroachment Article 60, Section 16 Use Regulations - Restaurant with take out - Conditional Article 60, Section 16 Use Regulations - Accessory drive thru -Forbidden Purpose: Demolish existing structure and erect building for a restaurant with drive thru window. *Authorization/approval to raze existing buildings on site to be performed on a separate Shortform demolition permit.

Case: BOA- 1307363 Address: 23 Hallowell Street Ward 18 Applicant: Shquana & Michael Whittaker

Article(s): Article 60, Section 9 Side Yard Insufficient

Purpose: Remove existing shingles and replace with new shingles. add two dormers.

Case: BOA-1279027 Address: 194-198 Bunker Hill Street Ward 2 Applicant: VLCO Townies, LLC

Article(s): Art. 62 Sec. 14 Usable open space insufficient Art. 62 Sec. 29 Off street parking insufficient Article 62, Section 14 Floor area ratio is excessive. Purpose: Change occupancy to a 3 dwelling units and interior renovations for new 3 dwelling unit: Two bedrooms, bathroom, kitchen and dining room.

Case: BOA-1279022 Address: 198 Bunker Hill Street Ward 2 Applicant: VLCO Townies, LLC

Article(s): Article 62, Section 8 Lot Area Insufficient Article 62, Section 8 Add'l Lot Area Insufficient Article 62, Section 8 Floor Area Ratio Excessive Article 62, Section 8 Bldg Height Excessive (Stories) Article 62, Section 8 Bldg Height Excessive (Feet) Article 62, Section 8 Usable Open Space Insufficient Article 62, Section 8 Side Yard Insufficient Article 62, Section 8 Rear Yard Insufficient Article 62. Section 29 Off Street Parking & Loading Req Purpose: Demolition of existing commercial building for new 4 dwelling unit residential building.



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-1252945 Address: 21 Mayhew Street Ward 7 Applicant: Boston Collegiate Charter School

Article(s):Art. 09 Sec. 01 Extension of Non Conforming Use - <25% conditional Article 65, Section 8 Use Regulations - Accessory Outdoor Educational/School space Conditional Article 65, Section 8 Use Regulations - Accessory Parking to the main use (school) Conditional Art. 65 Sec. 41 Off street parking requirements - Section 65 41 (4) (a) Parking Encroachment in required front yard Art. 65 Sec. 41 Off street parking requirements - Section 65 41(5)(d) Parking space sizes(50%...)

Purpose: Former residential property being converted to outdoor educational use and accessory parking as part of adjacent campus of Boston Collegiate Charter School.

Case: BOA-1271450 Address: 57-67 Brookside Avenue Ward 11 Applicant: Stephen Camardo

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Extension of non conforming use is conditional ( Building is located in an LI zone, therefore residential use is forbidden) Purpose: Add/finish bedroom in 2nd floor loft area.

Case: BOA-1314013 Address: 990-996 Dorchester Avenue Ward 13 Applicant: Julia Evora

Article(s): Art.65 Sec.08 Conditional - Take-out Conditional Purpose: 996 Dorchester Ave. Change of Occupancy to include Retail Food with takeout (small restaurant with take-out).

Case: BOA-1236084 Address: 45 Milton Avenue Ward 17 Applicant: Michael Castillo, As Principal ONYX Management & Development Article(s): Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Stories)

Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 8 Use Regulation - Multi Family Dwelling Use: Forbidden Article 65, Section 41Off Street Parking & Loading Req - Off Street Parking Insufficient Purpose: Erect a 12,850 square foot, three story residential building with nine units and parking for nine vehicles. This combined parcel has 10, 800 square feet, see ALT1202780, ALT1202781, ALT1202782. Existing dwelling and two sheds to be razed on a separate permit.

Case: BOA- 1264816 Address: 15 Canaan Street Ward 18 Applicant: Len Kelley 15

Article(s): Article 60, Section 9 Front Yard Insufficient Article 60, Section 9 Rear Yard Insufficient Purpose: Raise roof and Add 4 Dormers 2 in the front & 2 in the rear.

Case: BOA-1334366 Address: 27 Allenwood Street Ward 20 Applicant: Caleb Cutler

Article(s): Art. 10 Sec. 01 Limitation of off street parking areas Article 56, Section 39 Off Street Parking & Loading Req

Purpose: Move existing curb cut south about 6 feet, replace existing retaining wall (2.5 feet in height)

Case: BOA-1276140 Address: 61 Montmorenci Avenue Ward: 1 Applicant: Jordan Matthews

Article(s): Article 53 Section 56 Off Street Parking & Loading Req - 4) Location of parking in front yard via elimination of the garage Art. 53 Sec. 09 Excessive f.a.r. Purpose: Convert an attached garage into a bedroom. There is a driveway for off street parking still. Change an exterior light.

Case: BOA-1321373 Address: 131 West Newton Street Ward: 4 Applicant: Alpine Advisory Services

Article(s): Article 64, Section 9 Rear Yard Insufficient Purpose: Install cantilevered steel deck at parlor level. Install roof deck. Amendment to ALT1268119.

Case: BOA-1319033 Address: 313 West Fourth Street Ward: 6 Applicant: Peter Vanderweil Article(s): Article 68, Section 8 Rear Yard Insufficient Purpose: Construct deck at second floor rear as shown on stamped drawings submitted.

Case: BOA- 1295127 Address: 71 Peter Parley Road Ward: 11Applicant: Tom Malone Article(s): Article 55, Section 9 Rear Yard Insufficient Purpose: Demolition of existing rear deck and construction of new rear deck in its place.

Case: BOA-1283521 Address: 57 Grampian Way Ward: 13 Applicant: Valbona Martini Article(s): Article 65, Section 9 Excessive f.a.r. Purpose: Finish basement as per plans attached. Build perimeter walls, and partition walls, add insulation with R15 and sheetrock, build full bathroom and as per plans included. Electrical & plumbing work & finish floors. This basement will be an extension of living space for unit 1.

Case: BOA-1044561 Address: 86 Fairmount Street Ward: 17 Applicant: Norberto Leon

Article(s):Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Rear Yard Insufficient - Min 8 ft from an accessory building Purpose: Demo front and rear porches> Build new front porch and 2nd floor addition. Build new rear addition and Porch. Renovate second floor.

Case: BOA- 1333051 Address: 20 Dale Street Ward: 18 Applicant: Michael Bavis Article(s): Art. 67 Sec. 09 Side Yard Insufficient - Left side of property is less than 10' Article 67, Section 9 Front Yard Insufficient Article 67, Section 9 Bldg Height Excessive (Stories) Purpose: This is the renovation of an existing single family residence. A new dormer will be added at the rear along with new habitable area at the third floor and the basement. The new rear dormer will create a 3 story in a 2.5 story zone. ZBA relief will be required. The front porch will be rebuilt.

Case: BOA-1296277 Address: 12 Cataumet Street Ward: 19 Applicant: David Rand & Jessica London-Rand

Article(s):Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Rear Yard Insufficient Purpose: New second story addition.

Case: BOA-1307432 Address: 11 Parkside Drive Ward: 19 Applicant: Douglas Arevalo Article(s): Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Front Yard Insufficient Article 55, Section 9 Rear Yard Insufficient

Purpose: Build second floor addition, expansion of the garage, renovation of the kitchen, and expansion of living space in the basement, according to submitted plans.

Case: BOA- 1311104 Address: 100 Chesbrough Road Ward: 20 Applicant: Christopher Carrier

Article(s): Art. 56 Sec. 08 Useable Open Space insufficient. - Min. required: 1,800 sqft Article 56. Section 8 Side Yard Insufficient - Min. required: 10' Proposed: 0.5' (L) Art. 56 Sec. 08 Rear Yard Insufficient - Min. required: 30' Proposed: 16.9'

Purpose: Replace existing temporary carport with new garage and connecting breezeway entrance to basement.

Case: BOA-1316424 Address: 36 Glenhaven Road Ward: 20 Applicant: Old City Builders LLC Article(s): Article 56, Section 8 Rear Yard Insufficient - Required Rear yard minimum 30 ft. Purpose: Remove existing mudroom and garage and construct new addition in existing foot print of the building Remodel exiting bathroom on 2nd floor Build 16x16 deck back of house replace bulkhead doors. *ONE FAMILY #872 1939.

Case: BOA-1328337 Address: 51 Gretter Road Ward: 20 Applicant: John Pulgini Article(s): Article 56, Section 8 Dimensional Regulations - Insufficient side yard setback Article 56, Section 39 Off Street Parking & Loading Req - Location Parking in front yard (garage converted) Purpose: Renovation, update and add a side addition over the garage of an existing single family home.

Case: BOA- 1305862 Address: 200 Temple Street Ward: 20 Applicant: Erin & John Pels

Article(s): Art. 67 Sec. 09 Side Yard Insufficient Purpose: Construct a master suite second floor addition (with master bath) above a remodeled kitchen and dining room. New roof deck above 2nd floor addition. No change to the footprint of the building on the first floor. House will remain a single family.

Case: BOA- 1285309 Address: 157 Theodore Parker Road Ward: 20 Applicant: Julie Muse-Fisher

Article(s): Art. 56 Sec. 08 Floor Area Ratio excessive Art. 56, Section 8 Dimensional Regulations - Insufficient side yard setback Article 56, Section 8 Dimensional Regulations - Max allowed # of stories exceeded Purpose: This is the conversion and extension of an existing attic into living space. There will be a new rear shed dormer and three single dormers at the front. An existing first floor kitchen will be rebuilt and expanded. House will remain single family.

Case: BOA- 1268413 Address: 69 Vincent Road Ward: 20 Applicant: Marc Sze Article(s): Article 56, Section 8 Rear Yard Insufficient Purpose: Construct 14x8 Deck and 10x16 Shed.

Case: BOA-1258118 Address: 82 Presentation Road Ward: 22 Applicant: David Roe Article(s): Article 51 Section 9 Dimensional Regulations-Floor Area Ratio Excessive Article 51 Section 9 Dimensional Regulations-Building Height ( # of Stories ) Excessive Purpose: Adding 1 bedroom, one bathroom and storage closet in attic of existing house. Our long form permit number is ERT50921.

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-1272471 Address: 247 Saratoga Street Ward 1Applicant: Jose Union Contracting and Cleaning Services

Article(s): Art. 53 Sec. 56 Off Street Parking - Off street parking is insufficient. None provided. Purpose: Change occupancy from a single family dwelling to a two family dwelling. Gut and redo the rooms framing, install lvls, install vinyl siding, Bring electrical and plumbing to code, demolish the porch and erect a 2 level porch, Install new heating, install hardwood floors, install cabinets, install drywall, apply plaster and paint. This will be done to 1st 2nd and basement

Case: BOA- 1262450 Address: 18 Cordis Street Ward 2 Applicant: Joseph Coote Article(s): Article 62, Section 8 Side Yard Insufficient Article 62, Section 8 Rear Yard Insufficient Purpose: Confirm as a one family and change to a two family, existing condition. Replace existing sunroom and deck; and, kitchen renovation

Case: BOA-1307908 Address: 415-417 Blue Hill Avenue Ward 12 Applicant: Rooted In LLC Article(s): Art. 50, Section 28 Use: Forbidden - Cannabis establishment is a Forbidden use. Article 50 Section 28 Use Regulations - 50 28 fn13. Cannabis Establishment, provided that any cannabis establishment shall be sited at least one half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only. Purpose: Change of use to Cannabis Warehouse Facility

Case: BOA-1258783 Address: 99 Erie Street Ward 14 Applicant: Michael Dello Russo

Article(s):Article 60, Section 41.1 Conformity Ex Bldg Alignment - (Non parallel) 7.8'avg & 6.1' closest point provided Article 60, Section 40 Off Street Parking & Loading Req - 1. 0 < 7 req'd 2. Rear driveway less than 10ft wide.Article 60, Section 8 Use: Forbidden - MFR in 3F zone Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Add'l Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Side Yard Insufficient Article 60, Section 9 Rear Yard Insufficient Purpose: Combining parcels 1402477001 & 1402451000 to erect a new 7 unit apartment building. New construction, with roof decks and new rear driveway.

Case: BOA-1166627 Address: 60 Stanley Street Ward 15 Applicant: John Pulgini

Article(s): Art. 65 Sec. 08 Forbidden - 9 family use Article 65, Section 9Dimensional Regulations - Front Yard: Min. 15' Proposed: 9' at window bays and 11' at façade Article 65, Section 9Dimensional Regulations - FAR Max. allowed: 0.4 Proposed: 1.1 Article 65, Section 42.3Traffic Visibility Across Corner Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Sec 65 41 Off Street Loading Req. Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Art. 65 Sec. 65 41.5Parking Size & Maneuverability - Maneuvering area insufficient distance from spaces to side lot line. Purpose: To construct a new three story residential building with 13 residential units (UPDATED TO 8 RESIDENTIAL UNITS 03/03/21), with 9 off street parking as per attached plans. To combine the 2 existing parcels; 1501963000 consisting of 3,995 SF and Parcel 1501692000 4,099 SF to create a new lot consisting 8,095 sq. ft.

Case: BOA- 1268903 Address: 18-20 Parkman Street Ward 16 Applicant: Mark Little

Articles: Art. 65 Sec. 08 Forbidden - Multi family residential dwelling use is a forbidden use Art. 65 Sec. 9 Floor area ratio is excessive Art. 65 Sec. 9 Height requirement is excessive (stories) Art. 65, Sec.42.2 Conformity w Ex Bldg Alignment - Conformity with existing front alignment of the block Purpose: Demo of existing structure. Construction of 9 new residential dwelling units with 17 off street parking spaces.



Case: BOA- 1269870 Address: 75R-75BR West Milton Street Ward 18 Applicant: Bernard & Joann Coleman

Article(s): Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient

Purpose : Demolition of an existing single family dwelling/accessory building in the 1F 6000 Sub-district | Hyde Park Neighborhood Zone. The lot abuts the 2F 5000 Sub-district and an existing 3 family dwelling. Proposed construction consists of a 3 family townhouse structure.