Zoning Board Of Appeal Hearing

April 9, 2024

Case: BOA-1029221 Address: 837 Saratoga Street Ward 1Applicant: Richard Lynds, ESQ

Case: BOA-903635 Address: 235 Leyden Street Ward 1Applicant: Lorene A. Schettino, ESQ

Case: BOA-903636 Address: 237 Leyden Street Ward 1 Applicant: Lorene A. Schettino, ESQ

Case: BOA-1015905 Address: 296 Columbus Avenue Ward 4 Applicant: Jeremy Ko

Case: BOA-763614 Address: 7 Cleveland Street Ward 12 Applicant: Vernon Woodworth, FAIA

Case: BOA-1433530 Address: 7-9 Ferndale Street Ward 17 Applicant: Viola Wallace

Case: BOA-1408738 Address: 11-13 Ferndale Street Ward 17 Applicant: Orlando Gomes

Case: BOA-1574377 Address: 46 Chestnut Street Ward 5 Applicant: Marc LaCasse

Article(s): Art. 32 Sec. 32 4 Groundwater Conservation - Overlay District, ApplicabilitySubstantial renovation >50% of assessed building value

Purpose: Amendment permit under long form ALT1514815 looking to add a new garage door on the rear, rebuild existing rear decks at 3rd and 4th level, add elevator headhouse and access stairs to roof, and add new roof deck on 1st and 4th floor existing roofs

Case: BOA#1577861 Address: 219 Saratoga Street Ward 1 Applicant: Marc LaCasse

Purpose: Construct new 4 dwelling unit building with basement.

Violation 9th 780 CMR 1011 Stairways1011.12.2 Roof deck access shall be done through a

penthouse.

Case: BOA-1479632 Address: 105 Chelsea Street Ward 1Applicant: James Costello

Article(s): Art. 53 Sec. 11 Forbidden - Liquor store Forbidden Use.

Purpose: Change of occupancy to include liquor store in existing store and minor renovation

Case: BOA-1566439 Address: 761-793 Boylston Street Ward 5 Applicant: Paul McDonald

Article(s): Art. 08 Sec.07 Use: Conditional

Purpose: Change of use from retail to restaurant (floor 1), and recreational/sports venue (floors 2&3)

Case: BOA-1576978 Address: 164 Old Colony Avenue Ward 7 Applicant: Timothy Johnson

Article(s): Art. 14 Sec. 14-1 Lot size insufficient Art. 14 Sec. 14-2 Additional Lot Area Required Art. 14 Sec. 14-3 Lot Width Insufficient Art. 21, Section 1 Setback of Parapet Insufficient Art. 23 Section 1 Off-Street Parking (Residential) Insufficient Art. 25 Sec. 5 Flood Hazard Districts Art. 8, Section 7 Use: Conditional - MFR - Conditional

Art.19 Sec.6(b) Side Yard Corner Lot: Special Provisions Article 14, Section 4 Lot Frontage Article 15, Section 1 Floor Area Ratio Excessive Article 16 Section 1 Building Height Excessive Article 16, Section 1 Building Height Excessive (Stories) Article 17 Section 1 Usable Open Space Insufficient Article 18, Section 1 Front Yard Requirements

Article 18, Section 3 Traffic Visibility Across Corner Article 20 Section 4 Rear Yards in H Districts

Purpose: Erect new 4 story, 4 unit residential building with balconies and elevator included. Demolish existing structure on separate permit.



Case: BOA# 1576980 Address: 164 Old Colony Avenue Ward 7 Applicant: Timothy Johnson

Violation 9th 780 CMR 1030 Emergency Escape and Rescue1030.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R 2 occupancies in accordance with Tables 1006.3.2(1) and 1006.3.2(2) and Group R 3 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. [An exterior door/window shall be provided at basement level when floor area exceeds 200sqft. The vertical egress portion of emergency escape shall be provided at the exterior of the building.]9th 780 CMR 1023Interior Exit Stairways and Ramps1023.4 Openings. Interior exit stairway and ramp opening protectives shall be in accordance with the requirements of Section 716.Openings in interior exit stairways and ramps other than unprotected exterior openings shall be limited to those necessary for exit access to the enclosure from normally occupied spaces and for egress from the enclosure. Elevators shall not open into interior exit stairways and ramps.[No separation provided between interior exit stairway and elevator at lobby. 4 story interior exit stairway shall be separated from lobby and elevator.]

Case: BOA-1535953 Address: 42 Newmarket Square Ward 8 Applicant: Jean-Luc De Barros

Article(s): Article 90 Section 7Use Regulations - Cannabis establishment Conditional Article 90 Section 7Use Regulations - Article 90 7 Table A ; Cannabis establishment ( Text Amd. No. 432 , § 3, 4 13 2018) Footnotes: "Cannabis

Establishment provided that any cannabis establishment shall be sited at least one half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre existing public or private school providing education in kindergarten or any of grades 1 through 12.Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only." Otherwise forbidden Article 90 Section 13Off Street Parking & Loading Req - Insufficient parking No parking proposed

Purpose: Change occupancy to include cannabis storage and wholesale delivery. Security Upgrades

Case: BOA-1539699 Address: 27 Colonial Avenue Ward 17 Applicant: Ian Wade

Article(s): Art. 65 Sec. 41 Off street parking requirements - The proposed project requires at least 5 parking spaces. Article 65, Section 9 Floor Area Ratio Excessive - The proposed project will exceed the required FAR of 0.4.Art. 65 Sec. 08 Forbidden - Project proposes to add a fourth unit which would be located in the basement. The applicant originally applied for the ADU program but realized that the property has to be homeowner occupied.

Purpose: Change occupancy from a Three Family to a FOUR Family. Additional unit in the basement to be renovate per plans. Fire alarm & sprinklers to be installed.

Case: BOA-1534017 Address: 27 Hopkins Road Ward 19Applicant: Mondakini Baneriee Walsh

Article(s): Art. 55 Sec. 09 Lot area insufficient Art. 55 Sec. 09 FAR Insufficient Art. 55 Sec. 09 Side yard insufficient

Purpose: Erect single-family home with attached two car (tandem) garage on vacant parcel 1902441000

Case: BOA-1563361 Address: 1172 Commonwealth Avenue Ward 21 Applicant: Avonwood Associations Limited Partnership c/o The Herb Chambers Companies

Article(s): Article 29 Section 4 GPOD Applicability - Greenbelt Protection Overlay District Applicability Article 51 Section 16 Use Regulations - Use: Indoor Sale of Motor Vehicles: Conditional Article 51 Section 16 Use Regulations - Use: Accessory Repair Garage: Conditional Article 51 Section 16 Use Regulations - Use: Accessory Storage of Flammable Liquids and Gases: Conditional Article 51 Section 17 Floor Area Ratio Excessive Article 51 Section 17 Side Yard Insufficient

Purpose: Erect a new Automobile Dealership building, including sales and service, as per plans filed. All battery storage and lifts are sited in the Brookline portion of the building. Zoning relief required. Nominal filing fee requested.

Case: BOA-1562179 Address: 75 Fulton Street Ward 3 Applicant: Peter Vanderweil

Article(s): Article 54, Section 18 Roof Structure Restrictions

Purpose: Roof Construct a new common roof deck, per engineered plans submitted. Trex pebble grey with RDI black metal railings.

Case: BOA#1565038 Address: 75 Fulton Street Ward 3 Applicant: Peter Vanderweil

Violation 9th 780CMR 1006.3 Egress from stories or occupied roofs1006.3.1 Egress based on occupant load. Each story

and occupied roof shall have the minimum number of independent exits, or access to exits, as specified in Table 1006.3.1. A single exit or access to a single exit shall be permitted in accordance with Section 1006.3.2. The required number of exits, or exit access stairways or ramps providing access to exits, from any story or occupied roof shall be maintained until arrival at the exit discharge or a public way. [Occupied roof provided with one means of egress. Connection to existing fire escape does not count as a means of egress.]9th 780CMR IEBC 405Fire Escapes 405.1.3 New fire escapes. New fire escapes for existing buildings shall be permitted only where exterior stairways cannot be utilized due to lot lines limiting stairway size or due to the sidewalks, alleys or roads at grade level. New fire escapes shall not incorporate ladders or access by windows. [Extension of fire escape to new common roof deck not allowed; fire escape also accessed by windows]521 CMR 10.00Public and Common Use Spaces521 CMR 10.1 GENERAL. The public use and common use spaces of multiple dwellings in existing buildings consisting of 12 or more units in a building, shall be accessible and shall comply with 521 CMR. The public use and common use spaces of multiple dwellings in new construction consisting of three or more units shall comply with 521 CMR. Public and common use spaces are those spaces inside or outside a building that are used by residents and/or visitors. Public use and common use spaces shall include but not be limited to community facilities, meeting rooms, restaurants, recreation spaces, health facilities, pools, public toilet rooms, laundry areas, trash areas, storage areas, mailboxes, walks, sidewalks, parking lots and garages, entrances, elevators, lobbies and foyers, as well as corridors and stairways leading to dwelling units. [Common roof deck, of existing 13 unit building, without an accessible path or access.]

Case: BOA-1565484 Address: 23 Rutland Square Ward 4 Applicant: William (Fred) Bisceglia III

Article(s): Article 64, Section 34 Roof Structure Restrictions Art 64.9.4Town/Rowhouse extension into rear - Proposing balcony

Art.64 Sec.09Floor Area Ratio is Excessive - Max. allowed: 2 Proposing dormer construction.

Purpose: Revise previously approved kitchen design. Foot print to remain. Frame walls under kitchen extension for mudroom entry. Construct rear dormer and roof deck.

Case: BOA#1565482 Address: 23 Rutland Square Ward 4 Applicant: William (Fred) Bisceglia III

Purpose: Revise previously approved kitchen design. Foot print to remain. Frame walls under kitchen extension for mudroom entry. Construct rear dormer and roof deck.

Violation 9th 780 CMR 1011StairwaysAccess to roof deck shall be done through a penthouse.

Proposed is through a hatch.

Case: BOA-1574023 Address: 658 East Broadway Ward 6 Applicant: Keegan Hayes

Article(s): Art. 68 Sec. 07 Use Regs. - Beauty Salon Forbidden Art. 68 Sec. 07 Use Regs. - Professional offices (acupuncture/ therapeutic spa) Forbidden Art. 68 Sec. 07 Use Regs. - Office Forbidden

Purpose: Under ALT927145 project consists of 1 restaurant w/takeout, offices and 8 units. The occupancy for the restaurant w/takeout and 8 units remain. The request for occupancy changes on the 2nd floor is from offices to: 1 beauty salon, 1 therapeutic spa, 1 acupuncture space and 5 offices.

Case: BOA-1561572 Address: 71-75 West Broadway Ward 6 Applicant: Sean X George

Article(s): Art. 68 Sec. 07 Use Regs. - Small rest w/take out Conditional

Purpose: Convert existing general commercial space to café restaurant (55 patrons) with takeout. Modify partition walls, modify electrical and lighting, new HVAC, new bathroom and BOH facilities tied into existing rough, minor FP and FA modifications as needed, new finishes. No structural work.



Case: BOA-1547104 Address: 315 Norfolk Avenue Ward 7 Applicant: Jennifer Vinh

Article(s): Article 65, Section 21Use Regulations - Three Family Detached Forbidden

Purpose: Combine Parcels 0703616000 & 07003617000 to erect a 3 story dwelling, 3 units, with basement living space.

Includes rear parking, FA & FP. Existing one family dwelling to be demolished under separate permit.

Case: BOA-1510209 Address: 15 West Tremlett Street Ward 17 Applicant: Eric Zachrison

Article(s): Art. 55 Sec. 65 41Off Street parking insufficient - Min. parking required: 5 Proposed: 4 Art. 65 Sec. 42 Conformity with Existing Building Alignment - Street modal not provide to verify its compliance. Art. 65 Sec. 08 Forbidden - Multifamily use Art. 10 Sec. 01Limitation of parking areas - Parking shall be separated 5' from the side lot line. Article 65, Section 9 Lot Area Insufficient - Min. lot area required: 6,000 sqft Proposed: 5,012 sqft Article 65, Section 9 Floor Area Ratio Excessive - Max. allowed: 0.4 Proposed: 0.94 Article 65, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 2.5 Proposed: 3Article 65, Section 9 Front Yard Insufficient - Min. required: 15' Proposed: 3.2'

Purpose: Construct new 4 family residential building, fully protected with automatic sprinkler system. no elevator. Proposing 4 parking spaces.

Case: BOA- 1577058 Address: 2-10 Hichborn Street Ward 22 Applicant: John Pulgini-ARTICLE 80

Article(s): Article 51, Section 19 Use: Forbidden - MFR Forbidden Article 51, Section 20 Floor Area Ratio Excessive

Article 51, Section 20 Building Height Excessive Article 51, Section 20 Usable Open Space Insufficient Article 51, Section 20 Rear Yard Insufficient

Purpose: Erect a new (6) story mixed use structure with 76 residential units, 2870 sqft of ground floor local retail space (core & shell), and 45 garage parking spots. Building features tenant amenities, decks and below grade parking. Existing building to be demolished under separate permit.

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 Requirements -Parking spaces dimensions. Art. 53 Sec. 56^ Off street parking insufficient - Required: 12.25 spaces. Proposed: 5 Article 53, Section 9 Add’l Lot Area Insufficient Art. 53 Sec. 09 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 Front Yard Insufficient Art. 53 Sec. 09 Side yard insufficient Article 53, Section 9 Rear Yard Insufficient 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 (under SF#) and erect a new residential building with 7 Units, 2 Roof Decks and 5 parking spaces (ground level).

Reason for Prior Deferral: Re-advertised project

Reason for Prior Deferral: Requested a full Board

Case: BOA#1540166 Address: 261 Princeton Street Ward 1 Applicant: Princeton 261, LLC

Purpose: To raze existing structure (under SF#) and erect a new residential building with 7 Units, 2 Roof Decks and 5 parking spaces (ground level).

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

Reason for Prior Deferral: Re-advertised project

Reason for Prior Deferral: Requested a full Board



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- 1556234 Address: 99 Elm Street Ward 2 Applicant: Kevin Joyce

Article(s): Article 62, Section 8 Side Yard Insufficient Article 62, Section 8 Rear Yard Insufficient

Purpose: Erect a second story bedroom addition on existing one story ell as per plans filed herewith. Building to continue be used as a one family building after the addition is completed. No change in occupancy.

Case: BOA-1445554 Address: 16 High Street Ward 15 Applicant: Hong An, Inc.

Article(s): Art. 65 Sec. 41 Off street parking requirements Art. 65 Sec. 41 Off-St. Loading Req'mnts Art.65 Sec. 8 Use: Forbidden - MFR – Forbidden Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Side Yard Insufficient

Article 65, Section 9 Rear Yard Insufficient

Purpose: Change of occupancy to 9 residential units. Scope includes partially demolish existing 3 family dwelling and constructing a 3 story addition to the rear of existing building for the conversion to a 9 unit building. Also includes new life safety (FA/FP), a new elevator, below grade garaged parking, balconies, and roof decks.

Case: BOA-1582874 Address: 682 Saratoga Street Ward 1 Applicant: Joseph Mario

Article(s): Art. 53, Section 56 Off-Street Parking Insufficient Art.53 Sec. 08 Use: Forbidden Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient

Purpose: Raze existing building on a separate building permit and erect a new five (5) unit residential dwelling with rear decks and with five (5) parking spaces.

Case: BOA-1543573 Address: 61 Marion Street Ward 1Applicant: Isam Hijazi

Article(s): Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Bldg Height Excessive (Feet) Art. 27G E Boston IPOD

Purpose: Renovation of interior and exterior, addition to the back, and top floor. With decks staircase and roof deck.

Case: BOA-1518102 Address: 101-103 Rutherford Avenue Ward 2 Applicant: Fabio Silva

Article(s): Art. 62 Sec. 25 Roof Structure Restrictions - Change Alters the existing roof profile.

Purpose: Build a new deck on the roof of the building. Build a new pressure treated deck on the roof of the building.

Case: BOA- 1576379 Address: 241 Geneva Avenue Ward 14 Applicant: Norfolk Design & Construction-MOH

Article(s): Art.65 Sec. 8 Use: Forbidden - MFR Forbidden Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Area Insufficient Art. 10 Sec. 01 Limitation of off street parking areas - Parking less than 5ft from side lot line. Article 65, Section 42.2 Conformity w Ex Bldg Alignment

Purpose: Erect a new 3 story residential building with six affordable units and four rear parking spaces. Part of Mayor's Office of Housing Welcome Home, Boston.



Case: BOA- 1576378 Address: 22 Eunice Street Ward 15 Applicant: Norfolk Design & Construction-MOH

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

Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Frontage Insufficient Art. 10 Sec. 01 Limitation of off street parking areas - Parking less than 5ft from side lot line.Article 65, Section 41 Off Street Parking Regulations

Purpose: Erect a new 3 story residential building with six affordable units and three parking spaces on MacNeil Way portion of lot. Part of Mayor's Office of Housing Welcome Home, Boston.

Case: BOA-1576380 Address: 268 Geneva Avenue Ward 15 Applicant: Norfolk Design & Construction-MOH

Article(s): Art.65 Sec. 8 Use: Forbidden - MFR Forbidden Article 65, Section 9 Rear Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Frontage Insufficient

Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Area Insufficient Article 65, Section 42.2 Conformity w Ex Bldg Alignment Article 65, Section 41 Off Street Parking Regulations

Purpose: Erect a new 4 story residential building with seven affordable units. Scope also includes new retaining walls to

accommodate the new building with the existing site topography. Application is part of Mayor's Office of Housing Welcome Home, Boston.

Case: BOA-1576381 Address: 276 Geneva Avenue Ward 15 Applicant: Norfolk Design & Construction-MOH

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

Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Area Insufficient Article 65, Section 42.2Conformity w Ex Bldg Alignment Art. 65 Sec. 41 Off street parking requirements

Purpose: Erect a new 4 story residential building with seven affordable units. Scope also includes new retaining walls to accommodate the new building with the existing site topography. Application is part of Mayor's Office of Housing Welcome Home, Boston.