Zoning Board of Appeal Hearing

April 6, 2023 & April 11, 2023

Case: BOA- 1252953 Address: 595-603 Newbury Street Ward 5 Applicant: Richard Lynds, Esq

Case: BOA-657089 Address:157-157A Howard Avenue Ward 13 Applicant: Lisa Beasley

Case: BOA-1069147 Address: 235 Condor Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA-759563 Address: 80 Marginal Street Ward 1 Applicant: Richard Lynds, Esq

Case: BOA-1537620 Address: 31 Stuart Street Ward 3 Applicant: George Morancy

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

Purpose: Change occupancy from Restaurant with Live Entertainment & 1 Family (707/2008) to Restaurant with Live Entertainment & 4 Family and renovate upstairs residential.

Case: BOA-1527713 Address: 112-114 Chelsea Street Ward 1 Applicant: Exequiel Loja

Article: Art. 06 Sec. 04 Other Protectional Conditions - Accessory take out restaurent Condition Use

Purpose: Retail store renovation for Nutrition 3 and fit out with a product prep demonstration counter per plans submitted (Note: Not a BAR nor a Restaraunt w/take out).

Case: BOA-1506912 Address: 845 Albany Street Ward 8 Applicant: Brewster Ambulance Service INC

Article: Art. 50, Section 32 Use: Conditional - Garage with Dispatch Conditional

Purpose: Change of occupancy from "fur cleaning and storage" to ambulance parking garage and dispatch.

Case: BOA-1535538 Address: 2 Sargent Street Ward 13 Applicant: Melissa DaRosa

Article: Article 50, Section 29 - Lot Area Insufficient Article 50, Section 44.13 - Two or More Dwellings on Same Lot

Purpose: Two family in conjunction with ALT for Two Dwelling on one lot

Case: BOA-1517694 Address: 2R Sargent Street Ward 13 Applicant: Melissa DaRosa

Article(s): Art. 50, Section 43 Off-Street Parking Insufficient Article 50, Section 29 Lot Area Insufficient Article 50, Section 29 Lot Width Insufficient Article 50, Section 29 Lot Frontage Insufficient Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient Article 50, Section 44.13 Two or More Dwellings on Same Lot

Purpose: Confirm occupancy as Accessory Carriage house and change to a Detached Single-Family Dwelling; ADU 2.0. Scope includes creating a new side entry door for secondary egress and interior renovations to create independent living space.

Case: BOA-1508144 Address: 60 Alban Street Ward 17 Applicant: Andrea Dietrich

Article(s): Article 65, Section 9 - Rear Yard Insufficient Article 65, Section 42 Application of Dimensional Req - Two or More Dwellings on the Same Lot

Purpose: Existing Single-Family Dwelling on Lot. There will be a 2nd Dwelling built to the rear of existing building.

Case: BOA-1522969 Address: 45 Milton Avenue Ward 17 Applicant: ONYX Management & Development

Article(s): Art. 65 Sec. 08 Forbidden - MFR use Forbidden in the Zone Art. 65 Sec. 9 Residential Dimensional Reg.s - Excessive f.a.r. Art. 65 Sec. 9 Residential Dimensional Reg.s - Number of allowed stories has been exceeded

Purpose: Erect a three story six-unit dwelling complex on newly created 10800sf lot with off street parking for 9 vehicles in rear yard. This combined parcel will be 10,800 sf (see ALT1202780, ALT1202781, ALT1202782). Existing dwelling and two sheds to be razed on separate permit(s).

Case: BOA-1536940 Address: 8 Old Road Ward 14 Applicant: Harvard Street Neighborhood Health Center-ARTICLE 80

Article(s): Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Bldg Height Excessive (Feet)

Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Lot Area Insufficient Article 60, Section 8 Use: Forbidden Article 60, Section 8 Use: Conditional Article 60, Section 40 Off Street Parking & Loading Req Article 60, Section 9 Side Yard Insufficient Article 60, Section 9 Front Yard Insufficient Article 60, Section 9 Rear Yard Insufficient Article 60, Section 9 Side yard Insufficient

Purpose: This new health center building will be built across 3 parcels: 8 Old Road, 14 Ellington Street, and 16 Ellington Street (the former two are owned by the City). to combine 14 16 Ellington St to now be known as 8 old Rd. The health center will be three stories without a basement, approximately 42,300 SF. The parcels are currently vacant or used for parking.

Case: BOA- 1539444 Address: 808 Morton Street Ward 14 Applicant: Timothy Johnson

Article(s): 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 Side Yard Insufficient Article 60, Section 8\ Use: Forbidden

Purpose: On a vacant parcel, erect a 3 story, 4 unit residential building w/rear balconies, side garden patios and 4 off street parking spaces as per plans submitted.

Case: BOA-1507893 Address: 1809-1813 Dorchester Avenue Ward 16 Applicant: George Morancy-ARTICLE 80

Article(s): Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Feet)

Article 65, Section 9 Usable Open Space Insufficient Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Add'l Lot Area Insufficient Art. 65 Sec. 42 Conformity with Existing Building Alignment Article 65 Section 42.3 Traffic Visibility Across Corner Art. 65 Sec. 41 Off street parking requirements Art. 65 Sec. 41 Off St. Loading Req'mnts

Purpose: Combine Parcels 1601490000 & 1601489020 to erect a new four story mixed use building to contain 26 dwelling units, one ground level Local Retail (Core/Shell), and common roof deck. Existing commercial building to be razed on separate permit.

Case: BOA-1521739 Address: 7 Brown Terrace Ward 19 Applicant: John Pulgini

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Adding additional units in the basement Article 55, Section 8 MFR is Forbidden in a 3F 500 Sub district Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Usable Open Space Insufficient Article 55, Section 40 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Existing 6 family apartment building (9 Seaverns Ave) to be combined with existing 6 family 11 Seaverns to create one building with (12) residential units. The scope includes renovating unfinished basement into 4 new units. Basement to be fully sprinklered. for a total of 16 units.

Case: BOA-1521740 Address: 11 Seaverns Avenue Ward 19 Applicant: John Pulgini

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Adding additional units in the basement Article 55, Section 8 MFR is Forbidden in a 3F 500 Sub district Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Usable Open Space Insufficient Article 55, Section 40 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Existing 6 family apartment building(9 Seaverns Ave) to be combined with existing 6 family 11 Seaverns to create one building with (12) residential units. The scope includes renovating unfinished basement into 4 new units. Basement to be fully sprinklered. for a total of 16 units.



Case: BOA-1521747 Address: 5-7 Brown Terrace Ward 19 Applicant: John Pulgini

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use Adding additional units in the basement Article 55, Section 8 MFR is Forbidden in a 3F 500 Sub district Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Usable Open Space Insufficient Article 55, Section 40 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Existing 6 family apartment building (9 Seaverns Ave) to be combined with existing 6 family 11 Seaverns to create one building with (12) residential units. The scope includes renovating unfinished basement into 4 new units. Basement to be fully sprinklered. for a total of 16 units.

Case: BOA-1521753 Address: 9-11 Seaverns Avenue Ward 19 Applicant: John Pulgini

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Adding additional units in the basement Article 55, Section 8 MFR is Forbidden in a 3F 500 Sub district Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Usable Open Space Insufficient Article 55, Section 40 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Existing 6 family apartment building(9 Seaverns Ave) to be combined with existing 6 family 11 Seaverns to create one building with (12) residential units. The scope includes renovating unfinished basement into 4 new units. Basement to be fully sprinklered. for a total of 16 units.

Case: BOA-1523210 Address: 84 Prince Street Ward 19 Applicant: Robert Boxer

Article(s): Article 55, Section 9 Floor Area Ratio Excessive - FAR Excessive. Art. 55 Sec. 09 Dimensional Regulations - Side yard Insufficient. Art. 09 Sec. 01Reconstruction/Extenion of Nonconfroming Bldg - Extension of non conforming use.

Purpose: Full gut renovation, addition, new windows new stucco siding, new electrical, new plumbing, new HVAC,

Case: BOA-1533227 Address:29 Orange Street Ward 20 Applicant: Ivan Hernandez

Article(s): Art. 10 Sec. 01 Limitation of parking areas - Side yard buffer required -(5' min.) Article 67 Section 32 Off-Street Parking & Loading Req 4) Proposed parking in portion of required front yard Article 67, Section 32 Off-Street Parking - Tandem parking design results in insufficient parking and clear maneuvering areas Article 67, Section 9 Dimensional Regulations - Insufficient additional lot area per unit- 8,000sf total min. lot size required Article 67, Section 9 Dimensional Regulations - Excessive f.a.r. - .5 max

Purpose: Building new 2 family duplex home

Case: BOA-1428422 Address: 551 East Seventh Street Ward 7 Applicant: Stuart Mullally

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Pre-established maximum height allowed on parcel exceeded Art 68 Sec 8 Dim reg app in res sub dist - Insufficient rear yard setback (Created via new submission 4.23.25) Art. 68 Sec. 33 Off Street parking Req. - Insufficient parking (Created via revised submission 4.25.23) Art. 68 Sec. 33 Off Street parking Req. - Manuevering areas/Design Article 68, Section 8 Dimensional Regulations Insufficient minimum lot area per unit

Purpose: Erect a new 3 story 3 family house as per plans, existing building to be razed under separate permit. 4.25.23 5' easement established on proposed survey.

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

Article(s): Art.65 Sec. 8 Use: Forbidden - Forbidden Use: MFR in 6 units Article 65, Section 9 Bldg Height Excessive (Stories) - Building height excessive (stories) Article 65, Section 9 Floor Area Ratio Excessive - FAR Excessive.

Article 65, Section 9.2 Dim Regs: Location of Main Entrance - The main entrance of a dwelling unit shall face the front lot line.

Purpose: Seeking to raze the existing structure (demo to occur on separate permit) and erect a new residential building with 6 units and 8 parking spaces.



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-1522495 Address: 3 Hamlet Street Ward 7 Applicant: M & T Construction & Design

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

Purpose: Basement renovation to add extra livable space to the first floor unit. One bathroom, one sink, an office room, and storage. Framing, floor, insulation, sheetrock, finishes, electrical and plumbing work.

Case: BOA-1527656 Address: 54 Semont Road Ward 16 Applicant: Timothy Burke

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

Purpose: Amend ALT1321053 to include enclosing the rear porches on the Second and Third floors for habitable space.

Case: BOA-1537925 Address: 22 Freeman Street Ward 16 Applicant: Hiep Chu

Article(s): Art. 55 Sec. 65 41 Off Street parking insufficient - Required 1.5 space per unit. Proposed zero Art.65 Sec. 8 Use: Forbidden- MFR Forbidden Use: 14 Units Article 65, Section 9 Add'l Lot Area Insufficient - Required 1,500 sq.ft. Addt'l unit Article 65, Section 9 Usable Open Space Insufficient - Required 300 sq.ft. per Dwelling unit Article 65, Section 9 Side Yard Insufficient - Required 5 ft. Proposed 3ft. left side/ 4ft. right side Article 65, Section 9 Rear Yard Insufficient - Required 15ft. Proposed 5' 11" Article 65, Section 9 Bldg Height Excessive (Stories) - Allowed 3 stories. Proposed 5 stories height Article 65, Section 9 Floor Area Ratio Excessive - Allowed 1.3 FAR. Proposed 2.56 FAR Article 65 Section 42.3 Traffic Visibility Across Corner

Purpose: Vacant lot, build new 14 studio units

Case: BOA-1538261 Address: 215-217 Brighton Avenue Ward 21 Applicant: Derric Small

Article(s): Aft. 51 Sec.16 Forbidden Use - Restaurant use 2nd flr - forbidden Aft. 51 Sec. 16 Forbidden Use - Live entertainment after 10:30pm 1st and second floor- Forbidden Article 51, Section 16 Restaurant use 1st flr -Conditional

Purpose: Change the legal occupancy from offices and auto parts sales to a restaurant with take out and live entertainment.