Zoning Board Of Appeal Hearing

October 8, 2024

Case: BOA-1266818 Address: 12-12A Hudson Street Ward 3 Applicant: George Morancy, ESQ

Case: BOA-1339772 Address: 33 Davison Street Ward 18 Applicant: Richard Lynds, ESQ

Case: BOA-1041086 Address: 24 Spalding Street Ward 11 Applicant: David Steeves

Case: BOA-799147 Address: 30 Thorn Street Ward 18 Applicant: Nicholas Zozula, ESQ

Case: BOA-1341344 Address: 635 Hyde Park Avenue Ward 18 Applicant: John Pulgini, ESQ

Case: BOA-1429507 Address: 1028-1044 Blue Hill Avenue Ward 14 Applicant: Hannah L. Kilson, ESQ

Case: BOA-1645114 Address: 179 West Brookline Street Ward 4 Applicant: Vikram Kumar

Article(s): Article 32, Section 4. GCOD, Applicability Substantial Rehabilitation

Purpose: Change of occupancy to single family. Complete alteration & renovation to the existing building with new Plumbing and Electrical finishes and other associated finishes. Scope also includes installation of fire alarm, fire protection and removing rear garden level planting bay. Replacing windows in kind and adding new skylights and roof hatch for access to an unoccupied roof.

Case: BOA-1614565 Address: 36 Robken Road Ward: 20 Applicant: Cap Construction LLC

Article(s): Article 67, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 2.5 Proposed: 3 Article 67, Section 9 Side Yard Insufficient - Min. required: 10’ Proposed: 6.5'

Purpose: Dormer (with 2 new bedrooms, 1 new bathroom and a staircase).

Case: BOA- 1613879 Address: 43-45 Wood Avenue Ward: 18 Applicant: Aisha Celester

Article(s): Art. 09 Sec 01 Extension of Non-Conforming Use Art 69 Sec 09 Insufficent open new driveway proposed

Purpose: Proposed driveway with two parking spots is being requested on the right side of 43 45 Wood Avenue per plan submitted dated 6/29/23

Case: BOA- 1611785 Address: 105 Bowdoin Avenue Ward: 14 Applicant: Zafar Ali

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

Purpose: Existing restaurant to remove existing seating to have take out only.

Case: BOA- 1621090 Address: 22 Perrin Street Ward: 12 Applicant: William Mead

Article(s): Article 50, Section 29 Rear Yard Insufficient Art. 50, Section 43 Off Street Parking Insufficient – Parking Removal Article 50, Section 44.13 Two or More Dwellings on Same Lot

Purpose: Application for two dwellings on the same lot. Filed in conjunction with ALT1397699

Case: BOA-1643116 Address: 13 Winship Street Ward 22 Applicant: Bonnie Tan

Article(s): Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Front Yard Insufficient

Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Floor Area Ratio Excessive

Purpose: This project is the existing 2 story 2 family residential building convert to the 3 story 2 family residential building with a 3 story rear addition and deck. The scope of work includes renovating existing building.

Case: BOA-1609149 Address: 56 Bostonia Avenue Ward 22 Applicant: Matthew Pennino

Article(s): Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient

Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Floor Area Ratio Excessive

Article 51, Section 9 Lot Width Insufficient Article 51, Section 9 Lot Area Insufficient

Purpose: Build a new single family home on an existing single family lot

Case: BOA-1638069 Address: 358 Chestnut Hill Avenue Ward 21 Applicant: Josh Fetterman

Article(s): Article 51, Section 16 Use Regulations Multi family Dwelling (Bsmt. & First Story) Conditional

Article 51, Section 17 Floor Area Ratio Excessive Article 51, Section 17 Usable Open Space Insufficient

Art. 51.52 Specific Design Requirements 51 52.1 Street Wall Continuity in Neighborhood Business Subdistricts Article 51, Section 56 Off Street Parking Insufficient Article 51, Section 56 Off Street Loading Insufficient Art.51 Sec.56 Off St Parking Design 51 56 .5(a) (Tandem Parking) Maneuvering areas Article 51, Section 17 Dimensional Regulations Building Height Excessive (Feet)

purpose: New construction of a six (6) story building with thirty (30) dwelling units, ground floor local retail (core/shell), and nineteen (19) rear ground parking spaces. proposed structure to be within the existing building's footprint separate permit to be filed for the demolition of existing building.

Case: BOA-1582082 Address: 165 Park Drive Ward 21 Applicant: Holy Trinity Orthodox Catherdral-ARTICLE 80

Article(s): Art. 66 Sec. 43 Application of dimensional requirements 2 buildings on one lot. Article 66, Section 42 Off Street Parking & Loading Req Reduction in the number of existing parking spaces for

religious use. Art. 66 Sec. 08 Use Conditional: Ancillary parking spaces shared between church and residential units.

Purpose: Application filed for refusal 2 buildings in a lot, in conjunction with ERT1522597. No work to be done.

Case: BOA-1582079 Address: 165R Park Drive Ward 21 Applicant: Holy Trinity Orthodox Catherdral-ARTICLE 80

Article(s): Art. 32 Sec. 04 GCOD Applicability Art. 66 Sec. 32 Establishment of Neighborhood Design Overlay Districts Art. 66 Sec. 34 Establishment of Greenbelt Protection Overlay Districts Art. 66 Sec. 43 Application of dimensional requirements two buildings in one lot. See ALT1548838 Art. 66 Sec. 43 Application of dimensional requirements Conformity with existing building alignment. Art. 66 Sec. 09 Building height max. allowed: 60’ Proposed: 85' 8" Art. 66 Sec. 09 Location of main entrances shall face the front lot line. Art. 66 Sec. 09 Usable open space required: 100 sqft/unit x 117 units = 11,700 sqft. Total open space area is 25,245 sqft but it's still a violation since a part of the open space shall be excluded for the imaginary lot of the church (Main building), as indicated in section 66 43.12

Art. 66 Sec. 08 Use Conditional: Ancillary parking spaces shared between church and residential units.

Purpose: We are proposing to build a 6 story, 5 over 1 build. This would be a first elevation steel podium structure with 5 wood framed elevations above. This will be 117 units, 48 will be affordable first-time home buyer condos while 69 market rent rental units. In conjunction with ALT1548838



Case: BOA-1650371 Address: 103 Birch Street Ward 20 Applicant: Tania Pisano

Article(s): Article 67 Section 32 Off-Street Parking & Loading Req Insufficient parking (tandem parking)

Article 67, Section 32 Off-Street Parking Design and maneuvering areas of two required clear parking spaces Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Floor Area Ratio Excessive Article 67, Section 9 Front Yard Insufficient Article 67, Section 9 Rear Yard Insufficient

Purpose: Subdivide Parcel 2000228000 (lot D) to 2 subdivided parcels (D1 & D2). D2, the subject of this application, is to have a lot area of 3292 SF with a proposed one family detached dwelling (103 Birch St). Lot D1 (w/existing 99 Albano dwelling to remain) is filed under companion application ALT1591693.

Case: BOA-1650369 Address: 99 Albano Street Ward 20 Applicant: Tani Pisano

Article(s): Art. 10 Sec. 01 Limitation of parking areas 5' sideyard buffer Article 67 Section 32 Off Street Parking & Loading Req Design/Maneuvering areas (tandem proposed) Article 67, Section 32 Off Street Parking Insufficient parking per unit Art. 67 Sec. 09 Open Space insufficient 1750 sf req. Article 67, Section 9 Lot Area Insufficient 5,0000sf req Article 67, Section 9 Add'l Lot Area Insufficient 3,000sf for second unit Article 67, Section 9 Lot Width Insufficient 50' req Article 67, Section 9 Lot width frontage insufficient 50' req Article 67, Section 9 Floor Area Ratio Excessive 1087sf max allowed

Purpose: Subdivide parcel 2000228000 (6,065 SF) into 2 new parcels. Portion of the parcel is proposed as 103 Birch Street, with lot area of 3,292sf. The remainder portion of the parcel is the subject of this dwg set, to remain as 99 Albano with the existing 2 family dwelling on lot area of 2,773 sf.*Application assigned to FD on 5.8.24 by PW

Case: BOA- 1615071 Address: 93 Howard Avenue Ward 13 Applicant: Jason Futrell

Article(s): Art. 50, Section 28 Use: Forbidden Multi Family Dwelling Forbidden Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Bldg Height Excessive (Feet)

Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Add'l Lot Area Insufficient Art. 50, Section 43 Off Street Parking Insufficient Art. 50 Sec. 43 Off street parking requirements 50 43.6(d) Size Article 50, Section 44.2 Conformity Ex Bldg Alignment

Purpose: Erect a new 3 story, 12-unit apartment building, on newly created 10,973sqft lot. Scope includes decks and new parking at the rear of the building. See ALT1566047 for subdivision. Demolition of an existing 3 story home to be

filed under separate permit.

Case: BOA- 1591933 Address: 36 Akron Street Ward 12 Applicant: 32-36 Akron Street, LLC

Article(s): Art. 50 Sec. 29 Insufficient lot area per dwelling unit (8,000sf additional required)

Art. 50 Sec. 29 Excessive f.a.r- .8 max Art. 50 Sec. 29 Number of allowed stories exceeded- 3 stories max.Art. 50 Sec. 29 Insufficient open space- 650sf/unit required Art. 50 Sec. 29 Insufficient front yard setback- 20' required Art. 50 Sec. 29 Insufficient side yard setback -10' required Art. 50 Sec. 29 Height exceeded -35' max Art. 50 Sec. 44 Traffic visibility across a corner lot Article 50, Section 43 Off-Street Parking & Loading Req Insufficient parking

Article 50 Section 28 Use Regulations MFR 10 units - Forbidden

Purpose :3.27.24 Updated scope of work for clarification: Demolition of existing vacant/abandoned house, then combine the two lots owned in common into one lot and construct a new 10-unit residential multi-family building per plans submitted. Nominal Fee Letter. Demolition of building to be applied for and secured on a SF demolition permit. Redacted scope: Demolition of existing vacant/abandoned house. Proposed erection of new residential multi-family building housing 10 units. Nominal Fee Letter. * Demolition of building to be applied for and secured on a SF demolition permit.

Case: BOA- 1375717 Address: 10 Glenside Avenue Ward 11 Applicant: Alpine Advisory Services

Article(s): Article 55, Section 9 Usable Open Space Insufficient Usable open space insufficient Article 55, Section 9 Front Yard Insufficient Article 55, Section 9 Rear Yard Insufficient Article 55, Section 9 Side Yard Insufficient

Article 55, Section 9 Floor Area Ratio Excessive FAR excessive. Article 55, Section 9 Lot Area Insufficient Allowed 9000 SF. Proposed 3367 SF. Article 55 Section 38 Screening & Buffering Req Article 55, Section 9 Bldg Height Excessive (Stories) Proposed 3 stories

Purpose: Erect a two-family dwelling with two off street parking spaces per plans filed herewith. Revised plan 6/14/2024



Case: BOA-1597074 Address: 615 Albany Street Ward 8 Applicant: Gregory McCarthy

Article(s): Article 25A Section 4 CFROD Applicability Article 32, Section 4. GCOD, Applicability Article 64, Section 25 Use: Forbidden Multi-Family Dwelling – Forbidden Article 64, Section 34 Roof Structure Restrictions Article 64, Section 36 Off-Street Parking Insufficient Article 64, Section 36 Off-Street Loading Insufficient Article 64, Section 9 Floor Area Ratio Excessive Per Article 64 - Table F - Footnote 3 Article 64, Section 9 Usable Open Space Insufficient Per Article 64 - Table F - Footnote 3 Article 64, Section 9 Rear Yard Insufficient Per Article 64 - Table F - Footnote 3

Purpose: Change Occupancy from Offices to 24 Residential Units. Scope includes a 1 story addition with roof penthouses to create a 6 story, 69' 0" high, residential building (R2 Use) with complete interior renovation, repair exterior walls, replace windows, new roof deck, and upgrades to life safety (FA/FP) & accessibility

Case: BOA- 1605743 Address: 25 West Howell Street Ward 7 Applicant: Matthew Paisner

Article(s): Art.65 Sec.15 Use: Conditional Article 65 Section 16 Insufficient side yard setback Article 65, Section 16 Insufficient front yard setback Art. 65 Sec. 41 Off street parking requirements Design/maneuverability areas on own lot without causing a traffic impedement (Proposed easements access design is further pendingERT1480308 design review approvals/issuance.)

Purpose: The Applicant, ScrubaDub Autowash Centers Inc., is proposing to re construct the existing ScrubaDub Carwash at 25 West Howell St in Boston, MA (Dorchester). The project proposes to construct a new 6,945 SF carwash / detailing facility with four (4) parking spaces and on site vehicle queuing. *Proposed designs and easment pending ERT1400308 approval/P.W. 5.21.24

Case: BOA- 1636269 Address: 933 East Broadway Ward 6 Applicant: Hajjar management Co., Inc

Article(s): Art 68 Sec 8 Dim reg app in res sub dist. Insufficient additional to area per unit Art. 68 Sec. 07 Use Regs. Basement units forbidden Article 68, Section 33 Off Street Parking & Loading Req Insufficient parking

Purpose: *New scope of work: Change occupancy from a three family to a four family by creating a basement unit and then perform work per plans to Finish existing basement as a dwelling unit in an existing detached three story three family dwelling. Expand front common stair to previously unfinished basement area. Basement floor will be lowered for additional headroom clearance, and new window wells will be constructed for EERO's and additional light and ventilation requirements. The basement unit will sprinklered per NFPA 13R, the existing upper units to remain unsprinklered. 5.8.24 ADU filing has been reverted to a regular change of occupancy permit Finish basement as a dwelling unit in a detached 3 storey 3 family dwelling. Expand front common stair to previously unfinished basement area. Lower basement floor for additional headroom clearance, added windows for eero's and ventilation/light for the living spaces. basement sprinklered nfpa 13r.redacted: clarification: change occupancy from a 3 family to a 3 family with an additional dwelling unit in basement and renovate per plans provided.

Case: BOA-1415286 Address: 131 Athens Street Ward 6 Applicant: Michael Gannon

Article(s): Art. 68 Sec.08 Lot Size Art. 68 Sec.08 FAR Art. 68 Sec.08 Height Art. 68 Sec.08 Open Space

Art. 68 Sec.08 Front Yard Art. 68 Sec.08 Side Yard Article 68, Section 29 Roof Structure Restrictions Roof Deck and Headhouse Art. 68 Sec. 33 Off Street parking Req. Art. 68 Sec.31 Screening and Buffering

Art. 68 Sec.08 Rear Yard

Purpose: Erect a new single family house on a vacant 800sf lot, as per plans.

Case: BOA- 1586051 Address: 86 Pembroke Street Ward 4 Applicant: Joseph Holland

Article(s): Art. 56 Sec. 64 34 Restricted roof structure district Article 64, Section 9 Floor Area Ratio Excessive

Art. 32 Sec. 04 GCOD Applicability

Purpose: New rear curtain wall, new roof deck, new groundwater recharge system. ALT1549240.

Case: BOA-1641033 Address: 18-34 Main Street Ward 2 Applicant: Colin Mara

Article(s): Art. 62 Sec. 25 Roof Structure Restrictions Requires the obtainment of a conditional use permit.

Article 62, Section 8 Bldg Height Excessive (Feet)

Purpose: This is for the replacement if an existing un permitted roof deck. The existing non code conforming spiral stair will be replaced with a code compliant spiral stair. A new epdm roof will be installed under the deck. ZBA / NDOD approvals will be required: Height excessive & restricted roof district.



Case: BOA- 1622057 Address: 969-985 Bennington Street Ward 1 Applicant: Big Ben Realty Trust

Article(s): Art. 53 Sec. 12 Excessive f.a.r. Art. 53 Sec. 12 Insufficient open space per unit Art. 53 Sec. 56 Off street parking insufficient

Purpose: Clarification: Change of legal use and occupancy from Billiard club lounge, store, offices, studio & arts, restaurant #36A (takeout), wireless communications to Billiard club lounge, store, restaurant #36A (takeout), wireless communications, Church, professional office (Recovery on the Harbor) and 8 residential apartments via a second story floor infill per plans submitted. Original scope: Change use of second floor space to residential. Insert partial floor at second level of existing 2 story space. Create 8 new residential units. New elevator and interior building renovations. Add windows. *APPLICATION ASSIGNED TO FD BY PW 4.22.24 ** Counter #1 Existing legal use identified: Bill club lounge, store offices, studio & arts, restaurant #36A (takeout), wireless communications #ALT1345552/2022

Case: BOA- 1608586 Address: 353 Cambridge Street Ward 22 Applicant: Gregg Donavan

Article(s): Article 06 Section 04 Other Protectional Conditions

Purpose: Remove proviso Takeout 36A granted to this petitioner only. Under BZC# 31355

Case: BOA- 1538686 Address: 86 Astoria Street Ward 18 Applicant: Natalyn Francis

Article(s): Article 60, Section 8 Use: Forbidden - Basement Unit Forbidden Article 60, Section 9.3Dim Regs: Location of Main Entrance - Basement unit Article 60, Section 9 Rear Yard Insufficient Article 60, Section 9Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient

Purpose: Correct Violations V582833 and V582855. Renovate and reconfigure existing 3 family with addition & extension of living space to attic & basement. Scope includes relocating 3rd unit (previously at second story) to the basement; extending living space. Renovate basement into habitable space as the 3rd unit & renovate attic. Also, enclose rear porches and provide a 2 story addition to the rear, per attached plans. FA/FP included.

Case: BOA-#1538740 Address: 86 Astoria Street Ward 18 Applicant: Natalyn Francis

Violations V582833 and V582855. Renovate and reconfigure existing 3 family with addition & extension of living space to attic & basement. Scope includes relocating 3rd unit (previously at second story) to the basement; extending living space. Renovate basement into habitable space as the 3rd unit & renovates attic. Also, enclose rear porches and provide a 2 story addition to the rear, per attached plans. FA/FP included Violation Violation Description Violation Comments 9th 780 CMR 1007Exit and Exit Access Doorway Configuration1007.1.1 Two exits or exit access doorways. Where two exits, exit access doorways, exit access stairways or ramps, or any combination thereof, are required from any portion of the exit access, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the building or area to be served measured in a straight line between them. Interlocking or scissor stairways shall be counted as one exit stairway. [Basement unit with less than half the required exit separation; only a NFPA 13D sprinkler system provided] 9th 780 CMR 1028 Exit Discharge1028.5 Access to a public way. The exit discharge shall provide a direct and unobstructed access to a public way. [Main entry encroaching onto driveway, not providing a dedicated 36" wide obstructed path to the public way.]

Case: BOA-1615346 Address: 374 East Eighth Street Ward 7 Applicant: Braden Abrams Reid

Article(s): Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Bldg Height Excessive (Feet) Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 29 Roof Structure Restrictions

Purpose: Amendment to ALT1555165. Build garage attached to back of existing house and additional story on existing house per architectural plans

Case: BOA- 1605291 Address: 457-469A West Broadway Ward 6 Applicant: Sean George

Article(s): Article 68, Section 10 Use Regulations The proposed use as a Dental Office (Professional Office) is a Conditional Use based on its location on the ground floor. Art. 68 Sec. 33 Off Street parking Req. Relief needed for required Off Street Parking area.

Purpose: Interior Fit out for a Dental Space (Tend) at 457 West Broadway. Use is conditional so ZBA is required.



Case: BOA- 1622071 Address: 302 Chelsea Street Ward 1 Applicant: Reis Panorama Realty MA, LLC

Article(s): Article 32 Section 04 GCOD Applicability Article 53 Section 09 Dimensional Regulations Insufficient additional lot area per unit Article 53 Section 52 Roof Structure Restrictions Newly proposed private deck to be accessed from exterior rear stair tower Article 53 Section 56 Off-Street Parking Insufficient parking Article 53 Section 08 Forbidden MFR forbidden Article 53 Section 9 Dimensional Regulations Excessive f.a.r Article 53 Section 9 Dimensional Regulations Insufficient rear yard setback Article 53 Section 9 Dimensional Regulations Insufficient side yard setback Article 53 Section 9 Dimensional Regulations Insufficient open space per unit

Purpose: Erect rear addition with a roof deck and change occupancy from three to four residential units as per plans.

Case: BOA- 1575584 Address: 81 Lexington Street Ward 1 Applicant: James Christopher

Article(s): Art.53 Sec. 08 Use: ForbiddenMFR Forbidden Art.53 Sec. 08 Use: ForbiddenBasement units Forbidden

Art.53 Sec. 08 Use: Forbidden Local Retail Forbidden 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 9Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 57.2Conformity Ex Bldg Alignment

Art. 53, Section 56 Off Street Parking Insufficient

Purpose: Erect a 3 story mixed used building on newly created lot; 3,706sqft. Building consisting of 1 Local Retail space at grade and 8 residential units. Scope includes basement units, balconies, and common roof deck. See ALT1553019 for subdivision. Demolition of existing building on separate permit

Case: BOA-1602742 Address: 123-125 Broad Street Ward 3 Applicant: 125 Broad Street LLC

Article(s):Art. 32 Sec. 04 GCOD Applicability - Commissioner's Bulletin 2015 02 Substantial Rehabilitate

Purpose: The petitioner seeks a determination that the Inspectional Services Department erred in issuing a refusal letter citing Art 32 Sec 04 GCOD Applicability.