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Zoning Board of Appeal Hearing

The board will hold a hearing on February 27 at 9:30 a.m.

The Boston Zoning Code has information on the Articles and definitions of terms in this agenda.

The public can offer testimony.

Discussion Topics

  1. APPROVAL OF HEARING MINUTES:

    January 30, 2018 & January 18, 2018

  2. BOARD FINAL ARBITER 9:30a.m.

    Case: BOA-682855, Address: 13 Shefland Street  , Ward 8  Applicant: Joseph Holland

  3. GCOD: 9:30a.m.

    Case: BOA-792717, Address: 262 Commonwealth Avenue   , Ward Applicant: Adam Gilmore

    Article(s): 32(32-4)

    Purpose: The project proposes the combination of two multi-family apartment buildings (260 and 262 Commonwealth Avenue) into one for a total of 5 dwelling units and to be known as 262 Commonwealth Ave. The proposal includes new MEPFP systems, sprinkler, installation of groundwater mitigation system, an elevator, floors, walls, ceilings, doors, windows, bathrooms, kitchens and insulation. The proposed project also in-cludes the construction of a new penthouse/roof deck and rear addition with garden area. Note: See Alt767562.

  4. HEARINGS: 9:30 a.m.

    Case: BOA-772648, Address: 46 Hichborn Street  , Ward  22 Applicant: Hichborn Partners LLC

    Article(s): 51(51-19: Use Multifamily Dwelling Forbidden & Use Accessory Parking Forbidden) 51(51-20: Floor area ratio excessive, Building height excessive & Rear yard insufficient) 51(51-56: Off-Street Parking Insufficient & Off-Street Loading Insufficient)

    Purpose: Seeking to combine three existing lot; parcel ID 2201893000, parcel ID 2201894000 and parcel ID 2201895000 into one parcel of 15,253 square feet. Also, to demolish the three existing structures and erect a 5-story residential building with 46 units and 50 parking spaces. (Alt750917-Alt750919-Alt750929).

     

    Case: BOA-794741, Address: 88-94 Lincoln Street  , Ward  22  Applicant: Derric Small, Esq

    Article(s): 11(11-7) 51(51-55) 51(51-17)

    Purpose: Erect a monopole and 14'x48, double sided, electronic Billboard.

     

    Case: BOA-777271, Address: 606 Cambridge Street  , Ward 21  Applicant: Nicholas Bouritsas

    Article(s): 51(51-9) 51(51-56) 10(10-1)

    Purpose: Open a new drive way for 2 car parking as per plan. (filed as e plan now paper).

     

    Case: BOA-777449, Address: 606-610 Centre Street  , Ward 19  Applicant: George Wong, Trustee of the Wong Nominee Trust

    Article(s): 69(69-11)

    Purpose: Amend the occupancy from 1 x Retail, 1 x Laundry and 1 x Doggie Day Care with Accessory Retail Services to 1 x Doggie Day Care, 1 x Nail Salon, 1 x Laundry and 1 x Doggie Day Care with Accessory Retail Services. New doggie day care space requires no work and will function solely as a play space for the dogs. All dog washing and retail services will remain in the existing doggie day care space. Work to be done under SF721679. ZBA.

     

    Case: BOA-792532, Address: 23-25 Chestnut Square   , Ward 19  Applicant: Wim Dekok and Andrew Schiff

    Article(s): 55(55-8) 55(55-40) 10(10-1)

    Purpose: Creating 1 Parking Space on the Premises. This was a condition by the neighborhood when a new two family was approved and built. The request seeks relief on the zoning dimensional requirements, parking location and use regulations. A curb cut has been approved on the condition of change of use of premises. Half of the Parking area, is located on 19-21 Chestnut Square and this relief has been granted by the Board of appeal October 4, 2016, BOA606476.

     

    Case: BOA-786872, Address: 53 Orchardfield Street  , Ward  15  Applicant: Kim Nguyen

    Article(s): 50(50-29) 65(65-9)

    Purpose: To enclose existing rear porch on second floor for a room and incorporate the attic area - some electrical, plumbing, windows, sheetrock wall, new bathroom.

     

    Case: BOA-787985, Address: 12 Carson Street   , Ward  13  Applicant: Ace One Investments, LLC by Eric Zachrison

    Article(s): 1065(65-9: Insufficient front yard setback, Insufficient lot size, Insufficient lot width, Insufficient lot width frontage, Excessive F.A.R., # allowed stories exceeded, Insufficient side yard setback & Insufficient rear yard setback) 10(10-1)

    Purpose: Demolish existing single family building to erect a new three-family residential dwelling with two-off street parking. ZBA.

     

     

     

     

    Case: BOA#787986, Address: 12 Carson Street  , Ward  13 Applicant: Ace One Investments, LLC by Eric Zachrison

    Purpose: Demolish existing single family building to erect a new three family residential dwelling with two off street parking. ZBA. Section 780 CMR 8th Edition 101.4.7 Reference Codes, 521 CMR AA.

     

    Case: BOA-793541 Address: 21 Peverell Street  , Ward 13   Applicant: Matthew St Peter

    Article(s): 65(65-9: Height is excessive, Rear yard setback is insufficient & Side yard setback requirements is insufficient) 66(66-9) 80(80-80E)

    Purpose: Add a new roof deck and spiral stair as per plans. Permit set to be submitted upon ZBA approval.

     

    Case: BOA-757560, Address: 27-31Woodford Street  , Ward 13  Applicant: Alfonseca Ledys

    Article(s): 50(50-29: Add'l Lot Area Insufficient, Front yard insufficient, Side yard insufficient, Rear yard insufficient, Building height excessive (Feet), Usable open space insufficient & Floor area ratio excessive)

    Purpose: Erect a new (3) unit townhouse building with parking beneath.

     

    Case: BOA-796764, Address: 137 Amory Street  , Ward  11 Applicant: Urban Edge Housing Corporation (by Frank Shea, CEO)

    Article(s): 29(29-4) 55(55-9: Lot area for additional dwelling units, usable open space and front yard setback required is insufficient; floor area ration, height (35' high max allowed), height (3stories high max allowed) excessive) 80(80B-2) Purpose: The construction of  a new residential building on a parcel to be subdivided (see ALT788395). This new structure shall be detached MFR, four stories in height from street grade. The bottom story will be Type 1A construction, with four stories of Type VA construction over it. The building will have 62 units. ZBA.

     

    Case: BOA-756999, Address: 71-73 Brookley Road  , Ward 11  Applicant: Laura Sylvan

    Article(s): 55(55-9: Floor area ratio excessive & Side yard insufficient)

    Purpose: Subdivide existing lot of 8886 square feet to two separate lots Lot 1 - 4,422 square feet with existing three family to remain and Lot 2 - to be vacant 4,464 square feet. See U49726581.

     

    Case: BOA-781676, Address: 1027 Tremont Street  , Ward 9  Applicant: Daniel Toscano

    Article(s): 50(50-43) 50(50-11: Floor area ratio excessive, Usable open space insufficient & Rear yard insufficient) Purpose: To change the occupancy from two residential units and a store to three residential units and a restaurant with take out. Also to erect a fourth story addition with a roof deck.

  5. HEARINGS: 10:30 a.m.

    Case: BOA-781815, Address: 50 Clapp Street  , Ward Applicant: NS AJO Holdings, Inc.

    Article(s): 65(65-15)

    Purpose: Change of use for an existing building to medicinal Marijuana treatment center. Interior only

    renovation for a new business, no structural work.

     

    Case: BOA-787244, Address: 1410 Columbia Road   , Ward Applicant: 5528-1410 Columbia Road Boston LLC

    Article(s): 27S(27S-5)

    Purpose: Renovate public spaces on first and third floors, as well as, 137 units out of 153 (consisting of misc. one, two and three bedroom units per plans).

     

    Case: BOA-778326, Address: 8 Deady's Ln   , Ward Applicant: Timothy Johnson

    Article(s): 27S(27S-5) 29(29-4)

    Purpose: Erect new 4-story, single-family dwelling w/garage, rear stair, front and roof decks on newly created lot as per plans submitted.

     

    Case: BOA-786275, Address: 53 G Street  , Ward Applicant: Douglas Drohan

    Article(s): 68(68-8)

    Purpose: Interior renovation to include new kitchen, new exterior doors, opening of interior walls, new master bathroom, patch and paint. Construct new rear deck.

     

    Case: BOA-774880, Address: 123 G Street  , Ward  7 Applicant: David Arrowsmith

    Article(s): 68(68-29) 68(68-8)

    Purpose: Construction of (196 square foot) Roof Deck as per original plan (See attached Plans.) Installation of Structural Steel beams with steel tubes and plates. 4X4 posts to be installed with 6" carriage bolts. Deck frame to be constructed from 2x12 pressure treated lumber. Installation of Simpson joist hangers at all locations. Installations of Trex decking, post sleeves, railings and baluster systems. New salter spiral staircase o installed as per plan.

     

    Case: BOA-,774887 Address: 4 Jason Teerrace  , Ward Applicant: Steven Carreiro

    Article(s): 68(68-9) 68(68-8: Rear yard insufficient & Side yard insufficient)

    Purpose: Kitchen and Roof Deck Install (393 square feet) with Spiral Staircase As Per Plans (See Attached). Sliding Door and Window install. Removal of existing deck boards at back deck location. Installation of (3) 10" Concrete footings. structural steel tubes and plates for roof deck. Deck Frame to be constructed of 2x10 PT. Joist hangers at all Joist locations. 4x4 posts with 6" carriage bolts. Fiberon Decking and Trex Rail and Baluster Systems. Salter staircase installed. New door and window frame to be constructed. Installation of Anderson gliding door and Harvey classic window.

     

    Case: BOA-779357, Address:29-31 Ward Street   , Ward Applicant: 29-31 Ward Street LLC

    Article(s): 68(68-27S-5)

    Purpose: Erect new 4-story, 9-unit residential building with 12 parking spaces at grade and roof deck. Building to contain 3 one bedroom units and 6 two bedroom units with 10,451 SF. Existing structure's to be razed on a separate permit.

     

     

    Case: BOA#779358, Address: 29-31 Ward Street  , Ward  7  Applicant: 29-31 Ward Street LLC

    Purpose: Erect new 4-story, 9-unit residential building with parking spaces at grade and roof deck. Building to contain 3 one bedroom units and 6 two bedroom units with 10,451 SF. Existing structure's to be razed on a separate permit. Section 8th 780 CMR 1009.13.1 Roof access. Where a stairway is provided through a penthouse complying with section 1509.2.

     

    Case: BOA-768730, Address: 844-846 East Third Street  , Ward Applicant: Patrick Mahoney, Esq

    Article(s): 27S(27S-5)

    Purpose: To raze existing structure & erect new 4 story building with 7 residential units & 10 parking spaces in garage at grade as per plans, (zoning only).

     

    Case: BOA-782775, Address: 28 F Street  , Ward Applicant: Douglas Stefanov

    Article(s): 27S(27S-5)

    Purpose: Raze rear shed, add a roof deck, and create new two story addition in rear. Renovate existing interior.

     

    Case: BOA-692075, Address: 37 Farragut Road  , Ward Applicant: George Morancy, Esq

    Article(s): 29(29-4)

    Purpose: Nominal fee application to demo existing two family and erect eight residential units. Permit will require ZBA approval for Greenbelt Protection Overlay District only. All other aspects of plans are zoning and building code compliant.

     

    Case: BOA-754380, Address: 55-57 Brimmer Street  , Ward  5 Applicant: John Pulgini

    Article(s): 8(8-7) 32(32-9)

    Purpose: Alterations of an existing two-story single-family residence into use as an elementary school. Includes reconstruction of the rear one-story structure, accessibility improvements, adding second means of egress and interior modifications. Provide automatic sprinklers. Requires Conditional Use Permit for GCOD and change in use.

     

    Case: BOA-754388, Address: 63-69 Brimmer Street   , Ward Applicant: John Pulgini

    Article(s): 9(9-1) 15(15-1)

    Purpose: Add three story addition to exterior courtyard above second floor roof and develop the remaining courtyard space for outdoor use. Extends existing elementary school use and requires variance for FAR increase of 0.14 from existing FAR of 3.54 proposed FAR of 3.68.

     

    Case: BOA-754021, Address: 13 Concord Square  , Ward Applicant: Kamer Minassian

    Article(s): 64(64-9) 64(64-36)

    Purpose: Within private garden add short retaining wall and back fill to create two parking spaces.

     

    Case: BOA-725224, Address: 37 Bowdoin Street   , Ward  3 Applicant: Verizon Wireless

    Article(s): 86(86-6)

    Purpose: Change of Occupancy to include Wireless Communication Facility: Work to include add Wireless Communication Equipment, construct two fiberglass enclosures [3'x4'x7'8" high] concealing two [2] antennas, two [2] remote radio heads "RRHs" and a junction box in each of the two proposed fiberglass concealing boxes and one [1] GPS antenna on a steel frame for two equipment boxes; PPC automatic switch and gas generator mounted thereon with cable trays connecting same with power/telco in basement.

     

    Case: BOA-791476, Address: 91-99 Causeway Street   , Ward  3 Applicant: Smitesh Patel

    Article(s): 46(46-9)

    Purpose: Build out approx. 1000 sq. ft. existing retail unit space on first floor street level. Space is proposed to be a coffee Shop. *AE Flood Zone *EPLAN attachments.

     

    Case: BOA-784142, Address: 283-285 Hanover Street  , Ward  3 Applicant: Daniel Toscano

    Article(s): 54(54-12)

    Purpose: Change occupancy from three-family dwelling and take-out restaurant to three-family dwelling and restaurant with seating # 37.

  6. RE-DISCUSSIONS: 11:30a.m.

    Case: BOA-773964, Address: 145 Corey Street   Ward: 20 , Applicant: Kevin Dowd

    Article(s): 56(56-7)

    Purpose: Chicken Coop on existing 4'x6' shed.

     

    Case: BOA-786629,  Address: 40 Westmoreland Street,   Ward 16 Applicant: Codman Square Neighborhood Development Corporation

    Article(s): 65(65-8) 65(65-9: Lot frontage insufficient, Floor area ratio excessive, Front yard insufficient, Rear yard insufficient & Building height excessive (Stories))

    Purpose: Combine vacant lots PID 1603448000 (1026 sf), PID 1603415000 (5046 sf) and PID 1603416000 with 40 Westmoreland Street for a total of 15,823 sf. Erect a new 12 unit residential building with parking at ground level as per plans. Permit set to be submitted upon ZBA approval. Existing house to be razed under separate permit.

     

    Case: BOA-683450, Address: 15 Woolson Street  , Ward 14   Applicant: Cecil Hansel

    Article(s): 60(60-40) 60(60-8)

    Purpose: Change occupancy from a three family to a four family and renovate and install sprinkler. Legalize existing condition

     

     

     

     

     

     

    Case: BOA-617813, Address: 173 Humboldt Avenue, Ward  12 Applicant: John Samaan

    Article(s): 50(50-28)

    Purpose: Increase lodging from 10 to 20 persons, no work to be done, changing beds from one bed to two per room (previous drawings submitted to indicate building systems)

     

    Case: BOA-698906, Address: 9 Chelsea Street , Ward  Applicant: Linear Retail #18, LLC

    Article(s): 53(53-12) 53(53-56) 53(53-11) 10(10-1) 53(53-57)

    Purpose: Erect 2 story commercial local retailing building on newly created 18,795 sf lot. See ALT685902 for subdivision.

     

    Case: BOA-780523, Address: 28 Brier Road   Ward: 20, Applicant: Ivan Hernandez

    Article(s): 56(56-8: Floor area ratio excessive, Front yard insufficient & Side yard insufficient) 

    Purpose: Construct new second floor addition on existing footprint of existing single family dwelling.

     

    Case: BOA-777937, Address: 62 Durnell Avenue   Ward: 20, Applicant: Charles Donovan

    Article(s): 67(67-9: Floor area ratio excessive & Side yard insufficient)

    Purpose: Adding dormer to provide code compliant access to existing bonus room. Adding LVL beams to first floor to open rooms, posting down to basement to carry load. Adding shed dormer over basement door, renovating front and rear porches and roof deck, replacing all windows in house to meet egress. Openings, replace roof shingles, replace siding, Remodel Kitchen, Baths, Electrical, Plumbing, HVAC, Insulation. Price of work to reflected on sf737692.

     

    Case: BOA784868-, Address: 10 Newburg Street   Ward: 20, Applicant: Michael Forde

    Article(s): 69(69-9: Side yard requirement is excessive, Height is excessive (21/2 stories max allowed) & Floor area ratio is excessive)

    Purpose: Addition and alteration to an existing 2 Family dwelling. Add 1 dormer and extend existing dormer. Demolish rear porch and build addition with full foundation to the rear of building. Extend living space of basement for first floor unit. ZBA.

     

    Case: BOA-773840, Address: 25 Alaric Street   Ward: 20, Applicant: Jack Rojas

    Article(s): 56(56-8)

    Purpose: Demo half of existing roof and install shed dormer.

  7. COURT REMAND:12:00Noon.

    Case: BOA-719810, Address: 874 East Sixth Street , Ward 6   Applicant: George Morancy

    Article(s): 68(68-8) 68(68-34) 68(68-29) 29(29-4)

    Purpose: Construct a new 3 story residential building compromising of 6 units and underground parking for 9 vehicles.

  8. CALL OF THE CHAIR:12:00Noon.

    Case: BOA-732946, Address: 38 P Street, Ward 6 Applicant: Nick Zaferakis

    Purpose: The petitioner's seek a determination that the Inspectional Services Department erred in issuing the permit ERT705883. The permit was issued as an allowed use.

  9. RECOMMENDATIONS:

    Case: BOA-780322, Address: 55 McBride Street   Ward:11 , Applicant: Mark Collins

    Article(s): 55(55-9)

    Purpose: Construct side addition to add two bedrooms, one bath, kitchen and garage.

     

    Case: BOA-787555, Address: 1300-1304 Hyde Park Avenue   Ward: 18, Applicant: Toward Independent Learning and Living, Inc

    Article(s): 69(69-11: Caterer's establishment is conditional use & Restaurant with take-out is conditional use)

    Purpose: Change of Occupancy from Restaurant to Caterer's Establishment and Restaurant with take-out.

     

    Case: BOA-770524, Address: 253 Huntington Avenue   Ward: 18, Applicant: Carmen D. Cabrejia

    Article(s): 9(9-1) 69(69-9)

    Purpose: Construct two shed dormers per attached drawings.

     

    Case: BOA-774270, Address: 11 Prince Street   Ward:19 , Applicant: Lee Silverstone

    Article(s): 55(55-9: Floor area ratio excessive, Building height (# of stories) excessive & Rear yard insufficient (addition cannot be closer than 8' to an Accessory building)

    Purpose: Renovate existing Kitchen and existing Attic space. Construct new Dormers in Attic and expand Living Space to 3rd Floor.

     

    Case: BOA-785316, Address: 19 Burard Street   Ward: 20, Applicant: Anthony Debenedictis

    Article(s): 56(56-8: Floor area ratio excessive & side yard insufficient)

    Purpose:  Kitchen remodel, enclose and enlarge existing porch to accommodate Mudroom and Half Bath.

     

    Case: BOA-794683, Address: 15 Gilmore Terrace   Ward: 20, Applicant: Jay Walsh

    Article(s): 56(56-8: Floor area ratio excessive & Side yard insufficient)

    Purpose: Construct a new 2-1/2 story 12x20 addition to existing single family dwelling.

     

    Case: BOA-787403, Address: 15 Macullar Road   Ward: 20, Applicant: Robert Wall

    Article(s): 56956-8)

    Purpose: Add family room and install new kitchen.

     

    Case: BOA-790013, Address: 31 Willers Street   Ward: 20, Applicant: Marc Joseph

    Article(s): 56(56-8)

    Purpose: Erect an attached 1 car garage on the right side of the property.

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