Zoning Board Of Appeal Hearing

February 6, 2024, February 15, 2024, and February 27, 2024.

Case: BOA-1290222 Address: 7 City Point Court Ward 6 Applicant: George Morancy, ESQ

Case: BOA-1290228 Address: 9 City Point Court Ward 6 Applicant: George Morancy, ESQ

Case: BOA-1283800 Address: 128 Webster Street Ward 1 Applicant: Lorene Schettino, ESQ

Case: BOA-911272 Address: 9 Chelsea Street Ward 1 Applicant: Richard Lynds, ESQ

Case: BOA-450351 Address: 1181-1183 Bennington Street Ward 1 Applicant: Richard Lynds, ESQ

Case: BOA-1033472 Address: 8-12 Wilton Street Ward 22 Applicant: Jeff Drago, ESQ

Case: BOA-1033475 Address: 334-362 Cambridge Street Ward 21 Applicant: Jeff Drago, ESQ

Case: BOA-1033469 Address: 20 Braintree Street Ward 22 Applicant: Jeff Drago, ESQ

Case: BOA-1033474 Address: 1 Highgate Street Ward 21 Applicant: Jeff Drago, ESQ

Case: BOA-1182215 Address: 1954 Commonwealth Avenue Ward 21 Applicant: Matthew J. Walko

Case: BOA-1023609 Address: 75-81 Dudley Street Ward 9 Applicant: Intiya Ambrogi-Isaza

Case: BOA-1039457 Address: 1R Lorenzo Street Ward 16 Applicant: Tim Johnson

Case: BOA-1185582 Address: 12 George Street Ward 18 Applicant: Derric Small, ESQ

Case: BOA-1422422 Address: 100-114 Hampden Street Ward 8 Applicant: Joseph Hanley, ESQ & Nicholas Zozula, ESQ

Case: BOA-1533753 Address: 206 Byron Street Ward 1 Applicant: Marc LaCasse, ESQ

Article(s): Art.53 Sec. 08 Use: Forbidden - 3 Family Forbidden. Art. 53 Sec. 09 Rear Yard Insufficient.

Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Bldg Height Excessive (Stories) - Allowed 2 1/2 stories. proposed 3 stories. Art. 53 Sec. 09 Side yard insufficient. Article 27T 5 East Boston IPOD Applicability - IPOD

Purpose: Change Occupancy of 2 family to 3 family. Extend living space in the basement Renovation of the existing 2 family building to modify interior layouts and add a third unit on the third floor. The project proposes to add dormers to the roof for livable space on the third floor and proposes to add exterior decks and stairs for all units in the rear.



Case: BOA-1520504 Address: 68-74 Harrison Avenue Ward 3 Applicant: Nine Tyler Realty Trust

Article(s): Art. 09 Sec. 02 Nonconforming Use Change - Large restaurant conditional (Existing nonconforming) >25% Article 43 Section 19 Use Regulations - Live entertainment uses (night club use) Conditional

Purpose: Change of occupancy to include Live entertainment use. accessory to the existing restaurant use. (Cost reflected on ALT1267208) Nominal fee 1st. 2nd and 3rd floor China Pearl restaurant

Case: BOA-1550107 Address: 451 East Seventh Street Ward 7 Applicant: Chris Fitzpatrick

Article(s): Article 68, Section 8 Lot Area Insufficient - Required to have a lot area of 2000 SF. The proposed project will have 1755 SF (Existing Condition). Article 68, Section 8 Usable Open Space Insufficient - Required to have 200 SF of useable open space per unit. Project proposes to have 232 SF of open space per dwelling unit

Article 68, Section 8 Floor Area Ratio Excessive - Required to have FAR of 2.0 . Proposed project will have a FAR of 2.63. Art. 68 Sec. 33 Off Street parking Req. - Project is required to have six parking spaces (1.5 per unit). Proposed project will have zero parking spaces.

Purpose: Change occupancy from 3 units to 4 units. Demo lower level. Install 1 kitchen and 1 bathroom. Install new plumbing, electrical, and windows per code.

Case: BOA-1542896 Address: 78 Gates Street Ward 7 Applicant: Timothy Johnson

Article(s): Article 68, Section 34.2 Traffic Visibility Across Corner Article 68, Section 34.1 Conformity Ex Bldg Alignment - Modal calculation not provided to verify its compliance. Article 68, Section 8 Add'l Lot Area Insufficient - Min. lot area required: 8,000 sqft Proposed: 1,660 sqft Article 68, Section 8 Floor Area Ratio Excessive - Max. allowed: 2 Proposed: 2.8 Article 68, Section 8 Usable Open Space Insufficient - Min. area required: 1,200 sqft Proposed: 288 sqft Article 68, Section 8 Front Yard Insufficient - Min. required: 5' Proposed: 0 Article 68, Section 8 Rear Yard Insufficient Article 68, Section 33 Off Street Parking & Loading Req - Min. required parking spaces: 6 Proposed: 4 Article 68, Section 33 Off Street Parking & Loading Req - 68 33.5 (e) Design: Parking spaces dimensions. Art 68 Sec 29 Roof Structure Restrictions - Access to roof shall be through a hatch Article 68, Section 8 Bldg Height Excessive (Feet) - Max. allowed: 40' Proposed: 47'

Purpose: On a vacant lot, erect a new 4 story, 6 unit res. bldg. w/ 4 garaged parking spaces.

Case: BOA-1537073 Address: 512 Massachusetts Avenue Ward 9 Applicant: Michael Stack

Article(s): Article 64, Section 9.4 Town House/Row House Extension Article 64, Section 9 Usable Open Space Insufficient

Purpose: The proposed will includes the addition of approximately 154sf of living space which will extend into the back yard of the property.

Case: BOA- 1547998 Address: 107 Chestnut Avenue Ward 10 Applicant: Daniel Clark

Article(s) Article 55, Section 9 Floor Area Ratio Excessive - Max. allowed: 0.6 Existing: 0.77 Proposed: 0.82 Article 55, Section 9 Front Yard Insufficient - Min. required: 15' Proposed: 0.2'

Purpose: Raise existing dormer in attic, and finish attic.

Case: BOA-1550517 Address: 109 Pleasant Street Ward 13 Applicant: Vazberg Properties

Article(s): Art. 65 Sec. 08 Forbidden - Application proposes to change the occupancy from a three to a four family. The additional unit will be located in the basement, which is a forbidden use. Article 65, Section 9 Floor Area Ratio Excessive - Project proposes to increase the required FAR of .05 to 1.Article 65, Section 9 Bldg Height Excessive (Stories) - Project proposes to increase the required story height from 2 1/2 stories to 3 Stories. The height will be conforming at 30' (feet). Article 65, Section 9 Side Yard Insufficient - The proposed project will have a side set back of 5 ' (feet) or less and will not meet the required setbacks of 10' (feet). Article 65, Section 9 Rear Yard Insufficient - The project proposes to have less than required 30' (feet) in the rear due to four(4) proposed parking spaces. Art. 55 Sec. 65 41 Off Street parking insufficient - Project proposes to have four parking spaces in the rear, zoning requires five parking spaces.

Purpose: Change occupancy from 3 units to 4 units

Case: BOA-1511632 Address: 141 Addison Street Ward 1 Applicant: BP Realty Trust-ARTICLE 80

Article(s): Art. 53, Section 26 FAR Excessive. Art. 53, Section 26 Rear Yard insufficient. Art. 53 Sec. 52 Roof structure restrictions - access is by roof hatch or bulkhead Article 27T – 5 East Boston IPOD Applicability - IPOD

Purpose: Demo existing commercial structure (to be demolished under a separate permit application) and erect a new multifamily structure, intended to be four (4) stories above grade and shall include twenty (20) dwelling units, bike storage, and fifteen (15) enclosed parking spaces 1 Handicap Assessable.

Case: BOA- 1527595 Address: 135 Havre Street Ward 1 Applicant: Jodi & Kurt Chisholm

Article(s): Art. 32 Sec. 04 GCOD Applicability - Rear yard stairway Art. 27G E Boston IPOD Article 53, Section 52 Roof Structure Restrictions - Proposing non conforming roof deck Art. 53 Sec. 56Off street parking insufficient - One new unit without parking Art. 53 Sec. 08Forbidden - Multifamily Article 53, Section 9 Add'l Lot Area Insufficient - Total lot area required: 4,000 sqft Art. 53 Sec. 09 Floor Area Ratio Excessive - Max. allowed: 1 Existing: 1.84 Proposed: 2.48 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: 43' 6" Article 53, Section 9 Usable Open Space Insufficient - Min. required: 1,200 sqft Article 53, Section 9 Front Yard Insufficient - Extending non conformity. Article 53, Section 9 Side Yard Insufficient - Extending non conformity. Article 53, Section 9 Rear Yard Insufficient - Min. required: 10' Proposed: 4' 6"

Purpose: Change the occupancy from a 3 family to 4 family (by way of additional story) & a roof deck.

Case: BOA-1534498 Address: 70-72 Bennington Street Ward 1 Applicant: Gabriela Teran

Article(s): Art. 53 Sec. 08 Use: Conditional

Purpose: Changing occupancy from 8 residential units retail space & beauty salon to include 8 residential units, beauty salon & private club

Case: BOA-1341015 Address: 146 M Street Ward 6 Applicant: Samuel Sterling

Article(s): Art 68 Sec 29Roof Structure Restrictions - Roof deck is more than 1 foot above the highest point of roof. Article 68, Section 8 Bldg Height Excessive (Feet) - Max. allowed: 40' Proposed roof deck exceeds it. Article 68, Section 8 Rear Yard Insufficient - Min. requested: 20' Proposed stair at 14'

Purpose: Add roof deck and stair for exclusive use of unit 3.

Case: BOA- 1559314 Address: 21 Fenton Street Ward 15 Applicant: Modern Contracting Inc.

Article(s): Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Usable Open Space Insufficient Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient

Purpose: Build new two family house with two off street parking.

Case: BOA-1562160 Address: 61 Lithgow Street Ward 16 Applicant: Blerina Idrizi

Article(s): Art.65 Sec. 8Use: Forbidden - Project proposes a change in use from a three family to a six family.

Article 65, Section 9Floor Area Ratio Excessive - Project proposes an increase to the required FAR 1.3. Article 65, Section 9 Usable Open Space Insufficient - Project proposes off street parking (in rear) that will decrease the amount of open space per unit.Art. 65 Sec. 41Off street parking requirements - Zoning requires at least 8 parking spots. The submitted plans only show 5 parking spaces (9" x 18'). Article 65, Section 9Rear Yard Insufficient - Zoning Rear Yard setback requires 15'. The submitted plans shows that the rear yard setback will be compromised by the proposed parking spots.

Purpose: Converting 3 family dwelling unit to 6 family dwelling unit.

Case: BOA- 1543408 Address: 58 Durnell Avenue Ward 20 Applicant: Alix Cantave

Article (s): Article 67, Section 9 Rear Yard Insufficient Article 67, Section 9 Front Yard Insufficient

Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Lot Area Insufficient

Purpose : Build addition in rear of building and renovate interior.

Case: BOA-1534938 Address: 250 Bremen Street Ward 1 Applicant: Ciampa Investments, INC.

Article(s): Art. 27G E Boston IPOD Art. 32 Sec. 04 GCOD Applicability Article 25A Section4 CFROD Applicability Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Rear Yard Insufficient Article 53, Section 56 Off Street Parking & Loading Req Art. 53 Sec. 08 Forbidden Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient

Purpose: Erect a new eight (8) unit residential dwelling with parking for six (6) vehicles.

Reason for Prior Deferral: The applicant requested an administrative deferral

Case: BOA-1486245 Address: 1260 Boylston Street Ward 5 Applicant: Scape, North America

Article: Art. 63, Section 11 Use: Conditional - Amusement game machines in commercial establishment

Purpose: Interior finish out of a 1st gen building. Interior walls, 2 single restrooms, back of house area, and associated MEP's. Immersive Gamebox is closest to an "amusement game machine in a commercial space". It is a "dry" social entertainment concept where customers play in interactive smart rooms.

Reason for Prior Deferral: The applicant requested a deferral to revise the 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.

Reason for Prior Deferral: The motion failed and the applicant requested a deferral

Case: BOA-1547345 Address: 1457 VFW Parkway Ward 20 Applicant: Injaga Delivery-CANNABIS

Article(s): Art. 56, Section 7 Use: Forbidden - Cannabis establishment, delivery and manufacturing. Art. 56 Sec. 07 Use regulations applicable in residential sub districts - Location, Forbidden. Buffer zoning conflict, proposed within 2,640 sqft of another cannabis establishment.

Purpose: Change of occupancy from a retail store to a Cannabis store (Recreational use) with Delivery, Courier and

manufacturing (i.e. extraction, processing, packaging) location.

Reason for Prior Deferral: The applicant requested a deferral to correct violations

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

Reason for Prior Deferral: Additional community process

Case: BOA-1492536 Address: 116 Cambridge Street Ward 2 Applicant: Adenike John-CANNABIS

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

Purpose: Remove ZBA Proviso #3 order of record: "Return to BOA in one year to update on hours of operation. Closed Sunday at 6pm and Saturday 8pm."



Case: BOA-1555509 Address: 116R Cambridge Street Ward 2 Applicant: Rebecca Ruteberg-CANNABIS

Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Including Cannabis delivery

Purpose: Change Occupancy from Cannabis Establishment for retail use to Cannabis Establishment for delivery and retail uses. No construction proposed.

Case: BOA-1540541 Address: 335 K Street Ward 7 Applicant: Joshua Thompson

Article(s): Art 68 Sec 8 Insufficient additional lot area per unit Art 68 Sec 8 Excessive f.a.r.

Art 68 Sec 8 Insufficient open space per unit Art 68 Sec 8 Insufficient side yard setback 3' required

Article 68, Section 33 Off Street Parking & Loading Req - Design/maneuvering areas Art. 68 Sec. 33 Off Street parking Req. - Off street parking is insufficient Art 68 Sec 8 Insufficient lot size

Art 68 Sec 8 Insufficient side yard setback. Rear 1 story addition

Purpose: Change from 1 family/lodging house to a 2 family dwelling with off street parking for two vehicles.

Case: BOA-1553897 Address: 29 High Street Ward 15 Applicant: Fernando Dalfior-ARTICLE 80

Article(s): Art.65 Sec. 8 Use: Forbidden - Use Forbidden 31 Units. Article 65, Section 9 Addl' lot insufficient.

Article 65, Section 9 FAR Excessive. Article 65, Section 9 Bldg Height Excessive (Stories) - Building height excessive.

Article 65, Section 9 Bldg Height Excessive (Feet) - Building height excessive (feet): Penthouse.

Art. 65 Sec. 9 Residential Dimensional Reg.s - Usable open space insufficient. Article 65, Section 41 Off Street Parking & Loading Req - Parking/Loading Insufficient.

Purpose: New construction of a 3 story building with 31 units.

Case: BOA-1559568 Address: 584 Cambridge Street Ward 21 Applicant: Odessit Capital

Article(s): Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Bldg Height Excessive (Feet)

Article 51, Section 9 Usable Open Space Insufficient Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Lot Area Insufficient Article 51, Section 56. Off Street Parking & Loading Req

Purpose: To erect a new residential building with 8 units and 4 parking spaces in rear of property

Case: BOA-1548966 Address: 55 Bostonia Avenue Ward 22 Applicant: Matthew Pennino

Article(s): Article 51, Section 9 Rear Yard Insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Lot Area Insufficient Article 51, Section 8 Use: Forbidden

Purpose: New two family building on two stories with two off street parking spaces. This parcel was originally two lots. I am subdividing the lot at 12 Regal into two lots to be 12 Regal and 55 Bostonia Ave.

Case: BOA-1561839 Address: 500 Western Avenue Ward 22 Applicant: 500 Western Avenue, LLC-ARTICLE 80

Article(s): Article 51 Section 16 Use Regulations - 9 residential units use is conditional on first floor.

Aft. 51 Sec. 16 Forbidden Use - Artists' mixed use living/working on first floor. Article 51 Section 16 Use Regulations Parking for a fee is a conditional use on basement floors. Article 51, Section 17 FAR: Max. allowed: 1 Proposed: 3

Article 51, Section 17 Max. building height allowed: 35' Proposed: 65' Article 51, Section 17 Open space required: 5,900 sqft Proposed is insufficient. Article 51, Section 17 Front yard shall be established at 7' Proposed for Western Ave. 16.8' for Mackin St: 14.3' and for Richardson St: 5' Art. 51.52 Specific Design Requirements - 51.52.1 Street wall continuity Art. 51 Sec. 08 Use Regulations - Multifamily dwelling use: Forbidden Art. 51 Sec. 08 Use Regulations - Parking garage fee paid parking: Forbidden Art. 51 Sec. 08 Use Regulations - Accessory Parking: Forbidden

Article 51, Section 9 Add'l Lot Area Insufficient Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Feet) Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Usable Open Space Insufficient Article 51, Section 9 Front Yard Insufficient

Purpose: Erect new mixed use residential building with 118 dwelling units, with commercial space (core and shell) on the ground floor and 2 levels of below grade parking for 143 spaces and 6 spaces on GF for retail uses, part of these paces will be used for community parking for a fee. Consolidation of existing lots under applications: ALT1388093 ALT1388091. Two buildings being demolished under SF# and SF#

Case: BOA- 1432486 Address: 46 Leo M Birmingham Parkway Ward 22 Applicant: Danny Moll

Article(s): Art. 29 Sec. 04 Green Belt Overlay District Applicability Art. 51, Section 57.3 Traffic Visibility Across Corner Article 51, Section 17 Dimensional Regulations Article 51, Section 56 Off-Street Parking & Loading Req Purpose: Court remand for rehearing on BOA-1432486 demo existing building, new construction of a residential use building with Thirty-eight (38) dwelling units and thirteen (13) parking spaces at grade.