Zoning Board of Appeal Hearing

Case: BOA-1100107 Address: 5 Oakhurst Street Ward 14 Applicant: Jeffrey Drago, Esq

Case: BOA-921523 Address: 353 Baker Street Ward 20 Applicant: O’Brian Stadhard

Case: BOA-527141 Address: 100 Stuart Street Ward 5 Applicant: Christian G. Regnier, Esq

Case: BOA- 1514330 Address: 21 Holton Street Ward 22 Applicant: Jeffrey Drago, Esq

Case: BOA-1137713 Address: 375 Cummins Highway Ward 18 Applicant: John Pulgini

Case: BOA-1337499 Address: 40-42 Cross Street Ward 3 Applicant: Johanna Schneider

Case: BOA-1476684 Address: 17 Waldemar Avenue Ward: 1 Applicant: Elkin Villegas G & amp; C LLC

Articles (s): Article 27T 5 East Boston IPOD Applicability – IPOD Art. 53 Sec. 56^ Off street parking insufficient - Not provided additional parking space for 2nd units Art. 53 Sec. 08 Forbidden - Forbidden Use: Second unit in the basement.

Purpose : Change of occupancy from a 1 family to 2 family.

Case: BOA-1482058 Address: 6 Essex Street Ward: 2 Applicant: Danielle McCourt

Articles (s): Article 62,Section 8 Rear Yard Insufficient Article 62, Section 25 Roof Structure Restrictions -Roof Structure Restrictions

Purpose: Addition to the existing structure in the rear of the building and a new roof. Increase living area at the 3rd Floor. level. A portion of the 3rd Floor will extend out over the existing 2 story ell. Construct a new Nantucket style

dormer at the Front and a new Rear Shed / Gable dormer.

Case: BOA-1522979 Address: 115 Salem Street Ward: 3 Applicant: Fatima Ibrahim

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

Purpose: Change of proviso.

Case: BOA-1452599 Address: 73-75 Causeway Street Ward: 3 Applicant: Lancaster Parking, LLC

Articles (s): Article 6 Section 4 Other Cond Necc as Protection - Change in previous decision from the ZBA

Purpose : The Applicant seeks to continue to use the premises for an open air public parking lot for a fee capacity three (3) parking spaces with two (2) handicap parking spaces and one (1) regular parking space until December 31, 2026, in

conjunction with 19 21 Lancaster Street and 31 39 Lancaster Street. The two (2) handicap parking spaces and one (1)

regular parking space are part of a fifty (50) space parking lot under Boston Transportation Department OPAIR

License #78829 located at 19 21 Lancaster Street, 31 39 Lancaster Street and 73 75 Causeway Street.

Case: BOA-1452610 Address: 31-39 Lancaster Street Ward: 3 Applicant: Lancaster Parking, LLC

Articles (s): Article 6 Section 4 Other Cond Necc as Protection - Change in previous decision of the ZBA

Purpose : The Applicant seeks to continue to use the premises for an open air public parking lot for a fee capacity thirty (30) regular parking spaces until December 31, 2026, in conjunction with 73 75 Causeway Street and 19 21 Lancaster

Street. The thirty (30) regular parking spaces are part of a fifty (50) space parking lot under Boston Transportation

Department OPAIR License # 78829 located at 19 21 Lancaster Street, 31 39 Lancaster Street and 73 75 Causeway

Street. The fifty (50) space parking lot will provide for two (2) handicap parking spaces located at 73 75 Causeway Street.



Case: BOA-1452616 Address: 19-21 Lancaster Street Ward: 3 Applicant: Lancaster Parking, LLC

Articles (s): Article 6 Section 4 Other Cond Necc as Protection - Change in previous decision from the ZBA

Purpose : The Applicant seeks to continue to use the premises for an open air public parking lot for a fee capacity seventeen (17) regular parking spaces until December 31, 2026, in conjunction with 73 75 Causeway Street and 31 39 Lancaster Street. The seventeen (17) regular parking spaces are part of a fifty (50) space parking lot under Boston Transportation Department OPAIR License #78829 located at 19 21 Lancaster Street, 31 39 Lancaster Street and 73 75 Causeway Street. The fifty (50) space parking lot will provide for two (2) handicap parking spaces located at 73 75 Causeway Street.

Case: BOA-1505773 Address: 7 Chestnut Street Ward: 5 Applicant: 7 Chestnut Street, LLC

Articles (s): Article 20 Section 4 Rear Yards in H Districts - Rear yard set back is insufficient. Must be at least 30 feet.

Purpose: Construct a rear deck on roof of existing lower addition per plans filed herewith. Amendment to ALT1336354.

Case: BOA-1526460 Address: 93-95 Wellsmere Road Ward: 18 Applicant: Becky Kung

Articles (s): Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Bldg Height Excessive (Stories)

Purpose : Upstairs unit 95 Wellsmere Rd. Remove roof. Build dormer on right side entire length of house. Add 2x8's to existing floor joists. Determine legal height. Rebuild shingle roof. Install 6 windows, insulation, drywall paint, hardwood

flooring. Add full bathroom. Install exterior siding. Match paint.

Case: BOA-1513671 Address: 1251-1269 River Street Ward: 18 Applicant: Abner Joseph

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

Purpose : Remove proviso and grant to this petitioner only.

Case: BOA-1505081 Address: 31 Pond View Avenue Ward: 19 Applicant: Tarek Alexander Hassan

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

Purpose : Build new bathroom and extend existing bedroom to be 248 sqft. above existing 1st floor structure.

Case: BOA- 1519194 Address: 22 Sunnybank Road Ward: 20 Applicant: Nick Parker

Articles (s): Article 56 Section 40 Application of Dimensional Req - 56 40.7 Accessory Building less than 4ft from side/rear lot line Article 56 Section 40 Application of Dimensional Req- 56 40.7 Accessory Building closer than 65 feet from front lot line Art. 10 Sec. 01 Limitation of Area of Accessory Uses - Through Lot. Accessory Building occupying Front yard.

Purpose: Construction of free standing tool storage shed, approx 8' x 12'. No electrical or plumbing required. Less than 15ft in height.

Case: BOA-1428568 Address:84-100 River Street, Ward: 17 Applicant: Cameron Merrill

Article(s): Art.65 Sec.15 Use: Conditional - per article 6 3 Conditions required for approval

Purpose: Changing Occupancy from a Bank to a Nail Salon

Case: BOA- 1518728 Address: 16 Allstate Road Ward 7 Applicant: Respect Auto Boston 1 LLC

Article(s): Article 65, Section 15 Use: Conditional - Indoor sale of motor vehicles Article 65, Section 15 Use: Conditional - Outdoor sale of new and used motor vehicles Article 65, Section 15 Use: Conditional - Indoor sale, with or without installation, of automotive parts, accessories, and supplies Article 65, Section 15 Use: Conditional - Car wash is a conditional use item

Purpose: Tenant Buildout for new car dealership w/carwash in subdivided Best buy space. Request for nominal fee for zoning relief. Carwash; Indoor sale, with or without installation, of automotive parts, accessories and supplies; Indoor sale of motor vehicles; and, Outdoor Sale of New and Used Motor Vehicles.



Case: BOA-1512111 Address: 15H Mount Vernon Street Ward 7 Applicant: Nick Ruggeri

Article: Article 65, Section 9 Floor Area Ratio Excessive - FAR Excessive.

Purpose: As the owner of the 3rd floor condo I enjoy exclusive rights to the finished attic space. The work in the attic was done by a previous owner and is not reflected in the assessed unit area. I'm requesting zoning relief for excessive FAR in order to recognize this additional area as part of the unit.

Case: BOA-1475111 Address: 619 Massachusetts Avenue Ward 9 Applicant: Will Krause

Article(s): Art. 50 Sec. 29 Lot Area Insufficient Article 50, Section 29 Rear Yard Insufficient

Purpose: Addition of 1 car driveway with deck overhead. Replacing the existing wood fence with a South End Landmarks approved brick masonry wall with an overhead garage door.

Case: BOA-1522212 Address: 15 Parkman Street Ward 16 Applicant: Kristine Lee

Article(s): Article 65, Section 32 Neighborhood Design Overlay Districts Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 15 Use: Forbidden

Purpose: Erect 4 units building

Case: BOA-1506791 Address: 324 Summit Avenue Ward 21 Applicant: 324 Summit Avenue LLC

Article(s): Art. 51 Sec. 09 Open Space insufficient Article 51, Section 9 Add'l Lot Area Insufficient

Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 56 Off Street Parking Insufficient - Required: extra 1.75 spaces Article 51 Section 9.4 Dim Reg: Location of Main Entrance - Entrance to new unit shall face the front lot line.

Purpose: Change occupancy from 3 residential units to 4 units. Renovate the existing unfinished basement to create a new studio apartment in the existing 3 story/3-unit residential building Create new window well for egress windows. Install new fire sprinkler system in entire building.

Case: BOA-1510476 Address: 85-93 Glenville Avenue Ward 21 Applicant: Glenville, LLC

Article: Article 51, Section 8 Use: Forbidden - Restaurant with live entertainment

Purpose: Change occupancy from restaurant to restaurant with live entertainment.

Case: BOA-1510490 Address: 88 Chestnut Street Ward 5 Applicant: Joseph Holland

Article: Art. 15 Sec. 01 Floor Area Ratio excessive - Existing FAR already exceeds allowed ratio. Adding new living space to the basement will further exceed the allowed 2.0 ratio.

Purpose: Full gut remodel, replacing roof deck in kind with existing.

Case: BOA-1530332 Address: 289-289A D Street Ward 6 Applicant: Keith Harrington

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Maximum allowed height on parcel exceeded

Art 68 Sec 29 Roof Structure Restrictions - Reconfiguration of existing roof profile Art 68 Sec 8 Insufficient side yard setback Art 68 Sec 8 Insufficient usable open space/unit Art 68 Sec 8 Excessive far Art 68 Sec. 33 Off Street parking Req. - Insufficient parking Art 68 Sec. 34 Appl of Dim. Req - insufficient rear yard setback – 15’ rear yard min setback allowed

Purpose: To change occupancy from a two family to a three family, and to erect a rear addition, vertical addition,

and a roof deck.

Case: BOA- 1505462 Address: 368 Dorchester Street Ward 7 Applicant: Alicia Rubio-Spring

Article(s): Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Building Height Excessive

Article 68, Section 8 Side Yard Insufficient Article 68, Section 29 Roof Structure Restrictions

Purpose: Clarification: Construct small addition with roof deck on main roof of building Replace boards on roof deck. When the process started, we saw the roof deck is not on ISD plans. We bought in 2020 and the old owners did not mention it was not on the plans. We believe the deck is original from 2006. First, we attach as built plans for approval. Repair permit to follow if approved.



Case: BOA-1530302 Address: 4459 Washington Street Ward 20 Applicant: Jon Wardwell

Article(s): Art. 10 Sec. 01 Limitation of parking areas - 5' side yard buffer/required front yard of a corner lot.

Art. 67 Sec. 09 Open Space insufficient Art. 67 Sec. 09 Side Yard Insufficient

Article 2, Section 2-1 Definitions - Existing Floor area gross redistribution and conversion to habitable space/mechanical areas throughout other parts of the structure- Conditional Article 67, Section 32 Off-Street Parking & Loading Req Insufficient parking Article 67, Section 32 Off-Street Parking & Loading Req Size of space design Article 67, Section 8 Use Regulations - MFR use -Forbidden in a two-family sub-district Article 67, Section 9 Insufficient rear yard setback- 40' req. Article 67, Section 9 max allowed number of stories exceeded- 2.5 story max. Article 67, Section 9 Excessive f.a.r.- .5 max

Purpose: Change of occupancy form a 3 family to a MFR dwelling consisting of 8 units with seven parking spaces per plan submitted

Case: BOA- 1409103 Address: 9 Keswick Street Ward 21 Applicant: John Walsh

Article(s): Article 61, Section 7.2 Basement Units, Forbidden Article 61, Section 8 Additional Lot Area

Article 61, Section 8 FAR Article 61, Section 8 Building Height Stories Article 61, Section 8 Usable Open Space

Article 61, Section 8 Rear Yard Article 61, Section 8 61 8.5 Town House/Row House Extensions into Rear Yard.

Article 61, Section 20 Roof Structure Restrictions Article 61, Section 24 Off Street Parking & Loading Req Article 32, Section 4. GCOD, Applicability

Purpose: Change occupancy from one family residential to (4) four residential units, includes a new basement unit, per plans. Scope includes complete renovation of existing building, new front stair down to new unit, rear addition, addition of 4th story with new roof terrace at level 4, new 3 story rear deck & stair and life safety (FA/FP) upgrades.

Case: BOA-1515265 Address: 207-209 Market Street Ward 22 Applicant: Silvano Malafaia

Article: Article 51 Section 16 Use Regulations - First story Use Conditional

Purpose: Include Liquor Store as an occupancy.

Case: BOA-1448246 Address: 24 Common Street Ward: 2 Applicant: Kimmerly Perry

Articles (s): Article 62, Section 8 Front Yard Insufficient Art. 62 Sec. 19 Neighborhood Design Overlay Districts

Purpose: Parking spot for residential owner use.

Case: BOA-1438279 Address: 421 East Sixth Street Ward 7 Applicant: Michael Welsh

Article(s): Article 68, Section 29 - Roof Structure Restrictions - The height of any building existing on (the existing date of this amendment [October 15, 2019]), shall determine that allowed building height on that lot subsequent to total or partial demolition of such building. Any proposed construction on the lot that would exceed the prior height shall require Board of Appeal approval, and shall be subject to the roof structure and building height restrictions of this Section 68 29 and the height limits applicable to the Subdistrict in which the lot is located. In making its decision, the Board of Appeal shall consider whether such roof structure has the potential for significantly restricting light and/or air flow to adjacent structures and/or restricting views from roofs, windows, doors, or balconies. Notwithstanding anything in Article 2A respecting the definition of the term "grade," if a building abuts more than one street, "grade" is the average elevation of the street with the lowest elevation.

Purpose: Construction of new multifamily dwelling with four units and eight garage spaces. Building to include sprinklers. Full set of construction plans by architect and engineers to be submitted after zoning review determination. Demolition to be included in separate permit application.

Case: BOA-1514976 Address: 26 Montrose Street Ward 12 Applicant: Begekadu Defar

Articles (s): Article 50, Section 29 Side Yard Insufficient - Right side Required 10 ft. Proposed 5 ft. Article 50, Section 29 Floor Area Ratio Excessive - Allowed .8 FAR. Proposed 2.0 ( Showed Zoning Analysis) Art. 50 Sec. 43 Off street parking insufficient - Required 1.0 Per/Unit. Proposed none

Purpose: Change occupancy from 2 family to 3 family. Demo existing third floor and add new roof gable/dormers to create three bedrooms, kitchen, bathroom, and living room for Unit # 3.



Case: BOA-1484717 Address: 229-233 Bowdoin Street Ward 15 Applicant: Derric Small

Article(s): Article 65, Section 41 Off Street Parking & Loading Req Article 65, Section 9 Floor Area Ratio Excessive

Article 65, Section 9 Bldg Height Excessive (Feet) Art.65 Sec.08Conditional - Dwelling units are a conditional use in a LC zone

Purpose: Proposed three story addition to change use from stores, laundromat and dry cleaners to store, laundromat and six dwelling units, as per plans.

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.

Case: BOA-1463517 Address: 32-34 Larch Street Ward 22 Applicant: Edward Tirone

Articles (s): Art. 09 Sec. 01 Extension of Non Conforming Use Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Floor Area Ratio Excessive

Purpose: Renovation of second floor kitchen and 2 bathrooms, 1 bathroom on second floor and 1 bathroom in third floor

finished room to install 12 foot dormer for bathroom.

Case: BOA- 1496081 Address: 1295-1297 River Street Ward 18 Applicant: Geneise Israel-CANNABIS

Article(s): Art. 69 Sec. 11Conditional -Cannabis: Conditional Use. Also Text Amendment No.432 at lease 500ft. from Pre Existing High school. Proposed within 500ft. Article 69 Section 11Use Regulations - Forbidden: buffer zone conflict with another cannabis establishment.

Purpose: Change of Occupancy to Cannabis Business.

Case: BOA-1523229 Address: 44-46 Winter Street Ward 3 Applicant: Nilkant 44 Inc

Article: Art. 38 Section 18 Use: Forbidden

Purpose: No construction change of use from a retail computer game shop to a liquor store. Painting of interior and change of display cases only.

Case: BOA-1525202 Address: 517 Columbus Avenue Ward 4 Applicant: Colette Bakery

Article: Art. 06 Sec. 04 Other Protectional Conditions

Purpose: Remove proviso (BZC 33310)

Case: BOA-1494509 Address: 12 Cawfield Street Ward 7 Applicant: Jotham Stephenson

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. - Extension of Nonconforming building Article 65, Section 9 Side yard insufficient. Article 65, Section 9 Rear yard insufficient. Article 65, Section 9 Floor Area Ratio Excessive

Purpose: Rear deck addition at 2nd,3rd and roof levels and includes living room extension to include rear access stairs. Additionally, removing of siding and fastening Ledger to house, replacement of two windows. Also installation of Tyvek, flashing, weather guard around windows and doors and rubber roof.



Case: BOA-1451588 Address: 33 Pearl Street Ward 13 Applicant: Patrick Mulligan

Article(s): Article 65, Section 15 Use: Forbidden -MFR IN 2F 5000 Article 65, Section 9 Floor Area Ratio Excessive

Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 32 Neighborhood Design Overlay Districts

Purpose: Seeking to raze the existing structure (demo to occur on separate permit) and erect a new residential building with 8 units and 10 parking spaces.

Case: BOA-1528246 Address: 43-45 Wood Avenue Ward 18 Applicant: Lawrence Celester

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use Art. 69 Sec. 09 Insufficient open space

Purpose: Proposed additional driveway with 2 additional parking spots; along with curb cut.