Zoning Board of Appeal Hearing

April 25, 2023, May 9, 2023, May 18, 2023, May 23, 2023 & June 6, 2023

Case: BOA-734923 Address: 24-44 Kneeland Street Ward 3 Applicant: Yueguang Wu

Case: BOA-1124403 Address: 160 Geneva Avenue Ward 14 Applicant: Matt Mueller

Case: BOA-1070807 Address: 150 River Street Ward 18 Applicant: John Pulgini, Esq

Case: BOA- 995699 Address: 273 Highland Street Ward 11 Applicant: Nicholas Zozula, Esq

Case: BOA- 962282 Address: 40 Berkeley Street Ward 5 Applicant: Joseph Hanley, Esq., Partner

Case: BOA-1530571 Address: 665 Boylston Street Ward: 5 Applicant: 3 Jays Trust, Inc

Article: Art. 06 Sec. 04 Other Protectional Conditions- Take out proviso granted to previous petitioner only. Requesting to change petitioner.

Purpose: For new restaurant "Sakabayashi" (replacing "B Good" restaurant on the ground floor and mezzanine), allow for "take out 36A" use item restricted by the "this petitioner only" proviso on the ZBA June 17, 2014 decision for ALT324710 (issued 7/21/14). No work to be done.

Case: BOA-1530576 Address: 665 Boylston Street Ward: 5 Applicant: 3 Jays Trust, Inc

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use Art. 18 Sec. 01 Front Yard Insufficient - Extension of non conforming dimensional requirement.

Purpose: For new restaurant "Sakabayashi" (replacing "B Good" restaurant), increase the outside seating from 13 patrons to 16 patrons. The outside seating for 13 was established by U49365155 issued on December 9, 2014.

Case: BOA- 1267536 Address: 26 Spring Garden Street Ward: 13 Applicant: Kyle Keane

Article(s): Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient usable open space Art. 65 Sec. 9 Residential Dimensional Reg.s - Parking within required front yard Art. 10 Sec. 01 Limitation of parking areas - 5' side yard buffer

Purpose: I would like to add a curb cut and parking space to my house. I would not remove any existing street parking and would add one private parking.

Case: BOA-1524741 Address: 6 Sunnybank Road Ward: 20 Applicant: Rick Ames

Article(s): Article 56, Section 8 Floor Area Ratio Excessive

Purpose: To upgrade existing Attic room into Bedroom/bath suite using existing stair. Add windows and skylights. No change to envelope or footprint. Existing Lot and House are Non conforming. project will need Zoning Relief for FAR

Case: BOA-1528266 Address: 112 Temple Street Ward: 20 Applicant: Daniel Nephew

Article(s): Article 56. Section 8 Side Yard Insufficient - Side yard setbacks for the proposed addition do not meet requirements of 10' (feet) Art.80 Sec. 80E 2 Appl. of Small Project Review - Design Review and Design Guidelines required by Boston Planning & Development Agency per Article 56, section 35.

Purpose: Confirming single family home in existence for many years. Remove an existing uninsulated three seasons room from the rear of an existing Victorian home and construct a new addition including a Great Room, bath, laundry, renovations to the existing kitchen, and an expanded deck.



Case: BOA-1517797 Address: 46 Linwood Street Ward: 11 Applicant: Robert Purinton

Articles (s): Article 50, Section 29 Side Yard Insufficient

Purpose: Curb cut for private driveway for electric plug-in vehicle.

Case: BOA-1462924 Address: 25 Burr Street Ward: 19 Applicant: Cameron Merrill

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

Purpose: We are looking to widen the curb cut for our driveway. Proposing 4 parking spaces.

Case: BOA-1539718 Address: 1270 Commonwealth Avenue Ward 21 Applicant: 1266 Commonwealth Ave Co, LLC-ARTICLE 80

Article(s): Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Feet) Article 51, Section 9 Side Yard Insufficient Article 51, Section 56. Off Street Parking & Loading Req Article 51, Section 8 Use: Conditional Article 51, Section 8 Use Regulations

Purpose: Denial request on zoning review plan set for construction of a new, up to 6 story building containing approximately 206 multi family dwelling units, approximately 2,100 square feet of ground floor retail, residential amenities, and approximately 68 at grade structured vehicle parking spaces.

Case: BOA- 1472842 Address: 370 Vermont Street Ward 20 Applicant: 419-421 Baker Street Realty Trust

Article(s): Article 56, Section 39 Off Street Parking & Loading Req Off street parking spaces do not meet minimum dimensional requirements. Also, no loading area is provided. Article 56, Section 40.1 Conformity w Ex Bldg Alignment Proposed building does not conform with existing building alignment on Vermont and Baker Streets Article 56 Section 16 Building height in feet is excessive Article 56 Section 16 Side yard is insufficient. 12 feet required due to abutting a 1F 6000 sub district. Article 56 Section 16 Rear yard is insufficient 40' required Article 56, Section 40.2 Traffic Visibility Across Corner

Purpose: Demolition of an existing one-story brick building and erect a four-story wood structure to house 14 residential units on the upper floors with retail on the ground floor and partial basement.

Case: BOA-1537868 Address: 6 Dellmore Road Ward 19 Applicant: Robert Nichols

Article(s): Art. 55 Sec. 09 Lot area insufficient. Art. 55 Sec. 09 FAR Exessive. Art. 55 Sec. 09 Usable open space insufficient. Art. 55 Sec. 09 Front yard setback insufficient. Art. 55 Sec. 09 Side yard setback Insufficient. Art. 55 Sec. 09 Rear yard setback insufficient. Art. 55 Sec. 55-40 Off street parking insufficient

Purpose: Erect 3 unit as per plans.

Case: BOA-1515218 Address: 26 Rowena Street Ward 16 Applicant: James Christopher

Article: Art. 65 Sec. 65 41.4 Parking in the Front Yard

Purpose: The applicant seeks to create a new curb cut, with off street parking for 2 cars, to be primarily used by 24 hour visiting nurses.



Case: BOA-1530337 Address: 148 Lexington Street Ward 1 Applicant: On Point Capital

Article(s): Article 53, Section 9 Floor Area Ratio Excessive - Requires 1.0 Proposes 1.4 Article 53, Section 9 Rear Yard Insufficient - Requires 40' (Feet) Proposes 30' (Feet) Art. 53 Sec. 52 Roof Structure Restrictions -Proposes a Roof Deck (12' x 15') exclusively for Unit #3 Article 27T – 5 East Boston IPOD Applicability -East Boston Interim Planning Overlay District (IPOD) review and approval needed. Article 53, Section 9 Bldg Height Excessive (Feet) Requires Building Height 35' (Feet) - Proposes (per plans page A3) show 36' 3"

Purpose: To confirm occupancy as a three family and to construct a rear addition, rear decks, and a roof deck. Basement to be used as storage, mechanical and common laundry.

Case: BOA-1466913 Address: 38 Lexington Street Ward 1 Applicant: Ian Roundtree

Article(s): Art. 53 Sec. 09 Side yard insufficient Art. 53 Sec. 52 Roof Structure Restrictions - Alteration change existing roof profile.

Purpose: Add roof deck.

Case: BOA#1466908 Address: 38 Lexington Street Ward 1 Applicant: Ian Roundtree

Purpose: Add roof deck

Violation Violation Description Violation Comments 9th 780 CMR 1011 Stairways IBC Art. 1011.12 Stairway to the roof.

Case: BOA- 1540041 Address: 261 Princeton Street Ward 1 Applicant: Princeton 261 LLC

Article(s): Art. 27G E Boston IPOD Art. 53 Sec. 08 Forbidden - Multifamily use Art. 53 Sec. 52 Roof Structure Restrictions- Per building code, the access to the roof deck has to be done through a penthouse. Currently is

through a hatch. Art. 53 Sec. 56 Off St.Parking Requirement - Parking spaces dimensions. Art. 53 Sec. 56 Off street parking insufficient -Required: 12.25 spaces. Proposed: 4 Article 53, Section 9 Add'l Lot Area Insufficient- Min. lot area required: 7,000 sqft Proposed: 3,300 sqft Art. 53 Sec. 09 Floor Area Ratio Excessive -Max. allowed: 1 Proposed: 3.8 Article 53, Section 9 Bldg Height Excessive (Stories) -Max. allowed: 3 Proposed: 4 Article 53, Section 9 Bldg Height Excessive (Feet) Max. allowed: 35' Proposed: 38' If the roof deck building code violation gets corrected, the height considered will be up to the top of the penthouses. Article 53, Section 9 Usable Open Space Insufficient - Min. required: 2,100 sqft Proposed: 1,200 sqft Article 53, Section 9 Front Yard Insufficient - Min. required: 5' Proposed: 2' Art. 53 Sec. 09 Side yard insufficient - Min. required: 2.5' Proposed: 0' (L&R) Article 53, Section 9 Rear Yard Insufficient - Min. required: 30' Proposed: 4' Article 53, Section 56.5(a) Off Street Pkg Maneuverability Article 53, Section 57.2 Conformity Ex Bldg Alignment- Street modal calculation not provided to verify compliance.

Purpose: To raze existing structure and erect a new residential building with 7 Units, 2 Roof Decks and 4 parking spaces (ground level)

Case: BOA#11540166 Address: 261 Princeton Street Ward 1 Applicant: Princeton 261 LLC

Purpose: To raze existing structure and erect a new residential building with 7 Units, 2 Roof Decks and 4 parking spaces (ground level)

Violation Violation Description Violation Comments 9th 780 CMR 1011 Stairways Access to the roof shall be through a penthouse.

 

Case: BOA-1527826 Address: 30 Mildred Avenue Ward 18 Applicant: Norfolk Design and Construction

Article(s): Art. 10 Sec. 01 Limitation of parking areas - Proposed parking is within 5 feet of the side lot line Article 60, Section 8 Use: Forbidden - MFR is forbidden in a 3F 6000 Sub district 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 Front Yard Insufficient Article 60, Section 9 Rear Yard Insufficient

Purpose: Seeking to combine Parcel ID 1800808000 and 1800807000 to form one 7,108 square foot lot to be known as 30 Mildred Ave. Also, to erect a new residential building with 6 affordable units and 4 parking spaces.

Case: BOA-1540077 Address: 34 Mildred Avenue Ward 18 Applicant: Norfolk Design and Construction

Article: Article 60, Section 8 Use: Forbidden - Community Garden is not a listed use in a 3F 6000 Sub district

Purpose: To consolidate Parcel ID 1800806000 & 1800805000 to create a new +/ 7,072 sq. ft. lot to be known as 34 Mildred Ave. Also, to change the occupancy from vacant lots to community garden and install 6 X 12 tool shed. See companion case ERT1515069 previously reviewed by plans examiner Jim Kennedy.

Case: BOA-1415566 Address: 22 Torrey Street Ward 17 Applicant: Anastacio Baptista

Article(s): Art. 65 Sec. 08 Forbidden -7 unit dwelling in a three-family subdistrict- Forbidden Art. 65 Sec. 41 Off street parking requirements - Insufficient parking Art. 65 Sec. 65-41.4 Parking in the Front Yard - Corner lot-Two front yards Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot size Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot width Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot width frontage Art. 65 Sec. 9 Residential Dimensional Reg.s - Excessive f.a.r Art. 65 Sec. 9 Residential Dimensional Reg.s - Max allowed building height exceeded Art. 65 Sec. 9 Residential Dimensional Reg.s - Number of allowed stories exceeded Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient front yard setback Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient side yard setback

Purpose: Erect a 7 unit building with 7 off street parking spaces on the newly created lot B consisting of 5225sf lot with vehicle easement access for 26 Torrey Street.

Case: BOA-1415562 Address: 26 Torrey Street Ward 17 Applicant: Anastacio Baptista

Article(s): Art. 65 Sec. 41 Off street parking requirements - Design of space sizes and clear access Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot size Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot width Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient lot width frontage Art. 65 Sec. 9 Residential Dimensional Reg.s - Insufficient side yard setback

Purpose: Subdivide lot into lots. Lot A to be known as 26 Torrey Street and lot B to be known as 22 Torrey Street. Subdivide 8,330sf lot into two lots. Lot A shall have 3,105sf and shall maintain the existing three family w/three off street parking spaces to remain as 26 Torrey Street (space #'s 1,2,3,) and lot B shall contain 5225sf and be newly known as 22 Torrey Street with a proposed 16' wide easement access from Moody Street for vehicle access to parking by 26 Torrey Street. Application has been filed in conjunction with ERT1353053 for structure and other proposed off-street parking.

Case: BOA- 1525904 Address: 21 Woodworth Street Ward 16 Applicant: Guard Law LLC

Article(s): Art.65 Sec. 8 Use: Forbidden - Multi_Family Use Forbidden. Article 65, Section 9 Rear Yard Insufficient.

Article 65, Section 9 Front Yard Insufficient. Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Side Yard Insufficient. Article 65, Section 9 Bldg Height Excessive (Stories) - Allowed 2 1/2 stories. Proposed 3 stories

Art. 65 Sec. 41 Off street parking requirements - Off street parking space insufficient. Article 65, Section 9 Floor Area Ratio Excessive - FAR Excessive.

Purpose: Construct a 3 story multi-family residential building with 9 dwelling units and garage/basement parking for 9 automobiles.



Case: BOA- 1518540 Address: 9 Elton Street Ward 13 Applicant: Kyle Vernest

Article: Article 65, Section 9- Rear Yard Insufficient

Purpose: Modification of the exterior roof line to introduce a roof deck within the existing planes of the building. Also looking to finish the 3rd floor of the house with an additional Bedroom, bathroom, and living space.

Case: BOA-1521230 Address: 14 Emerson Street Ward 6 Applicant: Pamela Baranowski

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Reconfiguration of existing roof profile with Access to main roof via headhouse Art 68 Sec 8 Dim reg app in res sub dist - Insufficient side yard setback Art 68 Sec 8 Dim reg app in res sub dist - Insufficient rear yard setback Art 68 Sec 8 Dim reg app in res sub dist - Insufficient front yard setback Art 68 Sec 8 Dim reg app in res sub dist - Excessive f.a.r. Art 68 Sec 8 Dim reg app in res sub dist - Extension of nonconforming <25%- Conditional

Purpose: Adding space to the 4th floor, deck modification. Construct a partial addition on top of the 3rd story and include a new roof deck.

Case: BOA-1542503 Address: 118 B Street Ward 6 Applicant: George Morancy-ARTICLE 80

Article(s): Article 68, Section 29 Roof Structure Restrictions Article 68, Section 33 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 68, Section 33 Off Street Parking & Loading Req - Off Street Loading Insufficient Article 68, Section 8 Lot Area for Additional Dwelling Units Insufficient Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Building Height Excessive Article 68, Section 8 Usable Open Space Insufficient

Article 68, Section 8 Rear Yard Insufficient Article 68, Section 33 Off Street Parking & Loading Req -Off Street Parking Design / Maneuverability (Vehicle Stacking Lifts)

Purpose: Demolish existing building. Erect a new 5 story, 33-unit residential Building w/ a 26 car garage. There will be an elevator to service all floors. Many dwelling units will have balconies. Amenity spaces to include mail room & bike/trash storage as per plan submitted.

Case: BOA- 1535255 Address: 50 Terminal Street Ward 2 Applicant: Byran Peugh

Article(s): Article 42B Harborpark Dist Charlestown Waterfront -catering Conditional Article 42B Harborpark Dist Charlestown Waterfront - Food prep/processing/Packaging Conditional

Art. 06 Sec. 04 Other Protectional Conditions - Remove/replace takeout to petitioner only

Purpose: Change occupancy of space from restaurant with takeout to include prep food processing, catering, packaging, with food truck storage (a.k.a pushcart) filed on UOP permit application.

Case: BOA-1516206 Address: 41 Coolidge Road Ward: 22 Applicant: Stephen Brickman

Article(s): Art. 10 Sec. 01 Limitation of Area of Accessory Uses - 5' buffer requirement Art. 51 Sec. 09 Insufficient usable open space per unit free from motor vehicle use Art.51 Sec.56 Off St Parking Design - (4) No parking allowed in required front yards

Purpose: Proposed off street parking for two vehicles on right side of home access via new driveway with curb cut per plan submitted.

Case: BOA-1473941 Address: 820 Hyde Park Avenue Ward 18 Applicant: Tyrone Hardy & Cain Hardy

Article(s): Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Lot Frontage Insufficient Article 69, Section 9 Floor Area Ratio Excessive

Article 69, Section 9 Bldg Height Excessive (Feet) Article 69, Section 9 Bldg Height Excessive (Stories) Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Rear Yard Insufficient

Purpose: Erect new structure, and demolish existing. nine (9) condominium units. Proposed parking below structure, and in rear, adding seven (7) parking spots, as per plans. E Plans filed. Nominal fee letter filed with plans.

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

Article(s): Article 50, Section 29 Side Yard Insufficient Art. 10 Sec. 01 Limitation of parking areas - Off street parking.

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-1304433 Address: 10 Thompson Square Ward 2 Applicant: Sing Ming Chan

Article(s): Art. 62 Sec. 14 Usable open space insufficient Article 62, Section 14 Excessive f.a.r.

Article 62, Section 14 Excessive height Article 62, Section 14 Insufficient rear yard setback Article 62, Section 29 Off-Street Loading Insufficient - None proposed Art. 62 Sec. 62-29 Off street parking requirements - None proposed

Purpose: Erect a new mixed use building with commercial space (RETAIL) on first floor and 12 dwelling units above.

Existing building to be razed under separate permit. *4.10.23: Reduced project scope at ZBA to 12 units and 4 stories

Reason for Prior Deferral: To continue community process

Case: BOA#1475953 Address: 169 Maverick Street Ward 1 Applicant: Trichilo Development, LLC

Purpose: Erect addition, renovate, and change occupancy from three (3) to four (4) residential units with rear and roof decks.

Violation: Violation Description: 9th 780 CMR 1006 Number of Exits and Exit Access Doorway

Violation Comments: ART.IBC Table 1006.3.2(1) Fourth stories above grade: Not Permitted.

Reason for Prior Deferral: The Board moved to defer.

Case: BOA- 1514378 Address: 3915 Washington Street Ward 19 Applicant: Owen Kierman

Article(s): Art. 55 Sec. 55 40 Off street parking insufficient - Off street parking Forbidden Art. 55, Section 8 Use: Forbidden - Multi Family Use: Forbidden. Art. 55 Sec. 09 Floor Area Ratio Excessive. Art. 55 Sec. 09 Lot Width Insufficient. Art. 55 Sec. 09 Lot Frontage Insufficient.

Purpose: Erect proposed new 6-unit multi family, as per plans.

Case: BOA-1493506 Address: 6 Greenough Avenue Ward 19 Applicant: Kathryn Eno

Article(s): Article 9 Section 1 Extension of Nonconforming Use - Extension of a Nonconforming Use Parking is for a Three Family Dwelling located in a Two-Family Zoning District (2F 9000) Article 10, Section 1 Limitation of Area - Limitation of Area of a Nonconforming Use Article 55, Section 9 Usable Open Space Insufficient

Purpose: Proposing a new driveway with a curb cut for 1 parking space.

Case: BOA-1396801 Address: 251-253 Wood Avenue Ward 18 Applicant: Michael Ross

Article(s): Art. 09 Sec. 02 Nonconforming Use - Change Change in a in conforming use >25%- Forbidden Art. 69 Sec. 09 Excessive f.a.r- .5 max Art. 69 Sec. 09 Insufficient usable open space Art. 69 Sec. 09 Insufficient side yard setback Art. 69 Sec. 09 Insufficient open space per unit- 1800sf/unit Art. 69 Sec. 09 # of allowed stories exceeded- 2.5 max Art. 69 Sec. 09 Insufficient front yard setback (corner lots) Art. 69 Sec. 09 Insufficient lot width- 60'width req.

Art. 69 Sec. 09 Location of main entrance- New units’ entryway Art. 69 Sec. 29 Off-St.Prk'g/Load'g - Insufficient parking- 2 spaces/unit req. Art. 69 Sec. 8 Forbidden - MFR- Forbidden

Purpose: Combine 251 253 wood and 0 Ellard Road into a single lot (properties are in same ownership and merge for purposes of zoning). Construct new addition to existing structure and change occupancy from two family dwelling to multifamily (4) and include 3 off street parking spaces.

Case: BOA-1537358 Address: 1081 River Street Ward 18 Applicant: Skybridge Properties, LLC-ARTICLE 80

Article(s): Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Bldg Height Excessive (Feet) Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Bldg Height Excessive (Stories) Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 8 Use: Forbidden Article 69 Section 29 Off Street Parking & Loading Req Art. 69 Sec. 07 Maximum Number of Allowed Dwelling Units on a Lot Article 69, Section 9 Rear Yard Insufficient

Purpose: Nominal Fee requested for new construction of a 28-unit, four story residential building. The building will have an elevator and will be fully sprinklered.

Case: BOA- 1523227 Address: 48 Piedmont Street Ward 5 Applicant: Domenico Mastrototaro

Article(s): Article 63, Section 20 Roof Structure Restrictions - Proposed Roof deck on lower roof Article 63, Section 8 Insufficient rear yard setback

Purpose: Remove a window on the 2nd floor to open up a door; Cut the rubber roof to add a 6''x6'' pressure treated post deck; Use anchor bolts 5/8; Frame wood deck with pressure treated; Drill on the brick wall to install 2''x10'' PT leager with 5/8 with lag bolt; Install composite for the floor; Install rail.

Case: BOA- 1537333 Address: 68 Tremont Street Ward 2 Applicant: Carey Rogers

Article(s): Art. 62 Sec. 25 Roof Structure Restrictions - Alter change exiting roof line profile. Article 62, Section 8 Bldg Height Excessive (Feet) - Allowed 35'. Proposed Penthouse.

Purpose: Project consists of interior/exterior renovations 1 family single home roof deck. Scope includes build of interior/Exterior spaces, extension of living space roof deck, and roof access room.

Case: BOA- 1506164 Address: 23 Hudson Street Ward 3 Applicant: De Wei Guan

Article: Art 06 Sec. 04 Other Protectional Conditions

Purpose: Remove previous Provisos BZC 29829 on the new tenant for newly renovated restaurant. Requesting for Certificate of Occupancy 2 Restaurant w/37/36A,12 Apartments and Bakery Shop #ALT1441470/2023