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Zoning Board of Appeal Hearing

The April 11, 2023, hearing will be held virtually via video teleconference and telephone via the Zoom Webinar event platform.

Please be advised of the following appeals to be heard on April 11, 2023, beginning at 9:30 a.m. and related announcements. All matters listed on this April 11, 2023, hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The April 11, 2023, hearing will be held virtually via video teleconference and telephone via the zoom webinar event platform.

Interested persons can participate in the hearing REMOTELY by going to our online meeting. You may also participate by phone by calling into the Zoom Webinar at 301-715-8592 and entering the Webinar ID: 821 8044 0527 followed by # when prompted.

If you wish to offer testimony on an appeal, please sign up online. Please provide your name, address, the address and/or BOA number of the appeal on which you wish to speak, and if you wish to speak in support of or opposition to the project.



For individuals who need translation assistance, please notify the Board at least 48 HOURS in advance either by signing up online, calling 617-635-4775, or emailing zba.ambassador@boston.gov.

The ZBA Ambassador will be available within the Zoom Webinar Event from 8:30 a.m. - 9:30 a.m. to answer questions about ZBA procedures and offer instructions on how to participate in the hearing via Zoom. Questions and/or concerns can also be emailed to the ZBA Ambassador at zba.ambassador@boston.gov.

If you wish to offer comment within the meeting platform, please use the “Raise Hand” function that should appear on the bottom of your screen, if connected by computer or device, or dial *9, if connected by phone. On a computer or device, you will receive a request to unmute yourself from the event host. You must select yes before you can speak. On a phone, you will hear a prompt that the event host is asking you to unmute yourself. You must press *6 to unmute yourself before you can speak. Commenters will be asked to state their name, address and comment. Comments will be limited as time requires.

If you wish to offer testimony on an appeal, please log in to the hearing no later than 8:30 a.m. to ensure your connection is properly functioning.

The hearing can also be viewed via livestream on the City’s website. Closed captioning is available. Interested persons who are unable to participate in the hearing remotely may make an appointment to offer testimony. Please notify the Board at least 48 HOURS in advance either by calling 617-635-4775 or emailing isdboardofappeal@boston.gov for accommodations to be made.

Members of the community are strongly encouraged to help facilitate the virtual hearing process by emailing letters in support of or opposition to an appeal to zbapublicinput@boston.gov in lieu of offering testimony online or from BPDA board room. It is strongly encouraged that written comments be submitted to the board at least 48 hours prior to the hearing. When doing so, please include in the subject line the BOA number, the address of the proposed project and the date of the hearing.

The public can offer testimony.

Discussion Topics

  1. APPROVAL OF THE HEARING MINUTES: 9:30AM

    February 16, 2023 & February 28, 2023

  2. EXTENSIONS: 9:30AM

    Case: BOA-1019011 Address: 22-24 Woodbine Street Ward 12 Applicant: Derric Small, Esq

    Case: BOA-982435 Address: 198 Woodrow Avenue Ward 14 Applicant: Derric Small, Esq

    Case: BOA-768729 Address: 79-89 West Broadway Ward 6 Applicant: Derric Small, Esq

    Case: BOA-1151358 Address: 1200 Soldiers Field Road Ward 22 Applicant: Paul Alan Rufo

    Case: BOA-853785 Address: 68 Forest Street Ward 8 Applicant: Eunice Williams

    Case: BOA-1029694 Address: 10 Stonley Road Ward 11 Applicant: Matt Henzy

    Case: BOA-1024095 Address: 11 Faneuil Street Ward 22 Applicant: Jeffrey Drago, Esq

    Case: BOA-486152 Address: 270 Dorchester Avenue Ward 6 Applicant: Marc LaCasse, Esq

  3. BOARD FINAL ARBITERS: 9:30AM

    Case: BOA-1097311 Address: 14 Schuyler Street Ward 12 Applicant: Michael P. Ross, Esq

    Case: BOA-1046403 Address: 515 East Second Street Ward 6 Applicant: Thomas Noto

  4. GROUNDWATER CONSERVATION OVERLAY DISTRICTS ONLY: 9:30AM

    Case: BOA-1442390 Address: 238 Commonwealth Avenue Ward 5 Applicant: John McDonough

    Article(s): Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability

    Purpose: Complete renovation of the noted address per the plans attached. Removal of front & rear fire escapes.



    Case: BOA-1442391 Address: 240 Commonwealth Avenue Ward 5 Applicant: John McDonough

    Article(s); Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability

    Purpose: Combine with 238 Commonwealth Ave. Cost reflected on ALT1383857. Removal of Front & Rear Fire Escapes.

  5. HEARINGS:9:30AM

    Case: BOA-1422181 Address: 1 Westbrook Street Ward 1 Applicant: Josh White

    Article(s): Article 27T 5 East Boston IPOD Applicability Article 53 Section 8Use Regulations - Accessory fieldhouse is a conditional use as it is extending a pre existing non conforming use (Private athletic field). Article 53, Section 9 Bldg Height Excessive (Feet) Art. 25 Sec. 5 Flood Hazard Districts

    Purpose: Erect a new fieldhouse for bathrooms and showers, and renovate existing soccer field and parking areas.



    Case: BOA-1405496 Address: 834 East Fourth Street Ward 6 Applicant: Stuart Mullally

    Article(s): Art 68 Sec 8 Extensions into pre-established rear yard >1,000sf Art. 68 Sec. 33 Off Street parking Req.- Maneuvering areas

    Purpose: Erect a new three story two family house, as per plans. Filed in conjunction with ALT1388105 836 East Fourth Street. Proposed 2 buildings on one lot.



    Case: BOA-1405494 Address: 836 East Fourth Street Ward 6 Applicant: Stuart Mullally

    Article(s): Art 68 Sec 29 Roof Structure Restrictions Art 68 Sec 8 Insufficient rear yard setback -40' min. req.

    Art 68 Sec 8 (4) Extensions into the rear. >1,000sf Art.68 Sec. 34 #12 two or more dwellings on a lot

    Article 68, Section 33 Off-Street Parking & Loading Req - Maneuvering areas

    Purpose: Change use from a single family to a two family. Proposed new dormer and a three story rear addition, as per plans. To be filed in conjunction with ERT1388110 834 East Fourth Street. Proposed two buildings on one lot.



    Case: BOA-1337606 Address: 520 Dudley Street Ward 8 Applicant: Children’s Services of Roxbury, Inc

    Article(s): Article 9 Section 1Extension of Nonconforming Use - Extension of a Nonconforming Use

    Article 50 Section 29 Floor Area Ratio Excessive Article 50 Section 29 Front Yard Insufficient

    Article 50 Section 29 Side Yard Insufficient Article 50, Section 43Off Street Parking & Loading Req - Off Street Parking Insufficient

    Purpose: Full renovation and expansion of the +/ 50k sf Commercial Office building for the current Owner/Occupant as per plans.



    Case: BOA-1380087 Address: 2085 Washington Street Ward 9 Applicant: Madison Trinity 2085 Development LLC-ARTICLE 80

    Article(s): Art. 50, Section 40.1Street Wall continuity - to be determined at LPR Art. 50, Section 11 Max. FAR allowed: 2 Art. 50, Section 11 Max. building height allowed: 55' Proposed: 119' Art. 50, Section 11 Min. rear yard required: 20' Proposed: 0' Art. 50 Sec.37 Blvd Planning Overlay District Art. 50 Sec. 38 Design Review

    Purpose: Erect new 10 story building with 96 Residential Units, Above ground parking, office use "work bar". Building will seat within 4 lots: parcel 2124, parcel 2125, parcel 0902124010 and parcel 0902123010.



    Case: BOA- 1411317 Address: 16-18A Warren Place Ward 12 Applicant: Trell Management & Realty Corp.

    Article(s): Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Front Yard Insufficient

    Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient Article 50, Section 24 Use Regulations

    Purpose: Erect a four (4) unit townhouse with garage parking on consolidate lots, all as shown on plans filed herewith.



    Case: BOA-1392224 Address: 150-160 William T Morrissey Blvd Ward 13 Applicant: Boston College High School-ARTICLE 80

    Article(s): Article 6, Section 3A Add'l Cond in Restricted Parking District - Approval of Parking Facilities within a Restricted Parking District Article 29 Section 4 GPOD Applicability - Greenbelt Protection Overlay District Applicability

    Purpose: Boston College High School Construct a new 2 story addition including a new natatorium and aquatic locker rooms. New cardio, weightlifting, wrestling practice area, classroom, and new student and faculty locker rooms. Renovation includes new entry at grade. Modifications to existing Parking and Landscaping.



    Case: BOA-1405880 Address: 159-161 Callender Street Ward 14 Applicant: Kenford Brown

    Article(s): Article 60, Section 9 Floor Area Ratio Excessive - Allowance .8 FAR

    Purpose: Door installation, window installation, framing. Extension of living space in basement.



    Case: BOA-1359303 Address: 17 Longfellow Street Ward 15 Applicant: Neil Gulden

    Article(s): Art. 65 Sec. 08 Forbidden - Multifamily use Article 65, Section 9 Lot Area Insufficient

    Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Lot Width Insufficient

    Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories)

    Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient

    Purpose: Erect new construction 3 family dwelling with 3 off street parking in the rear.

  6. HEARINGS:11:00AM

    Case: BOA-1290225 Address: 92 Waldemar Avenue Ward 1 Applicant: Richard Crespo, Crespo Group Article(s): Article 27T 5 East Boston IPOD Applicability Art. 53, Section 56 Off Street Parking Insufficient

    Art.53 Sec.08 Use Forbidden Article 51, Section 53 Screening & Buffering Req Article 53Section 9 Insufficient lot size

    Article 53Section 9 Excessive height Article 53Section 9 # of allowed stories exceeded Article 53Section 9 Excessive f.a.r. Article 53Section 9 Insufficient side yard setback Article 53Section 9 Insufficient rear yard setback Article 53, Section 57.2 Conformity Ex Bldg Alignment Article 53Section 9 Insufficient usable open space

    Purpose: Seeking to erect a new residential building with 5 units and 5 parking spaces. Demo to be completed on separate permit.



    Case: BOA-1290226 Address: 96 Waldemar Avenue Ward 1 Applicant: Richard Crespo, Crespo Group

    Article(s): Article 27T 5 East Boston IPOD Applicability Art. 53 Sec.08 Forbidden

    Art. 53, Section 56 Off Street Parking Insufficient Article 53 Section 9 Insufficient lot size

    Article 53 Section 9 Excessive height Article 53 Section 9# of allowed stories exceeded Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 Insufficient side yard setback Article 53 Section 9 Insufficient rear yard setback

    Article 53, Section 57.2 Conformity Ex Bldg Alignment - Front yard modal requirements Art.51 Sec.53 Screening & Buffering Req

    Purpose: Seeking to erect a new structure containing 5 units and 5 parking spaces. Demo to be completed on separate permit.



    Case: BOA-1290229 Address: 104 Waldemar Avenue Ward 1 Applicant: Richard Crespo, Crespo Group

    Article(s): Art. 53 Sec.08 Forbidden

    Article 53 Section 9 Insufficient lot size 4,000sf req. Article 53 Section 9 Excessive height 35' max Article 53 Section 9 # of allowed stories exceeded 2.5 max. Article 53 Section 9 Excessive f.a.r. .5 Article 53 Section 9 Front yard modal alignment req. Article 53 Section 9 Insufficient side yard setback 10' Article 53, Sec. 54 Screening & Buffering Req - Residential/residential MFR Use buffering from 1f sub district Art. 53 Sec. 56 Off Street Parking - Insufficient parking proposed 1.5 per unit req. Article 53 Section 9 Insufficient usable open space 1000sf/unit

    Purpose: Seeking to erect a new structure containing 5 units and 5 parking spaces. Demo to be completed with a separate permit.



    Case: BOA-1395905 Address: 4 Haynes Street Ward 1 Applicant: Thomas Walsh & Peter Ryan

    Article(s): Art. 53 Sec. 09 Side yard insufficient Art. 53 Sec. 12 Height Excessive Art. 53 Sec. 12 Rear Yard insufficient Art. 53 Sec. 12^ Floor area ratio excessive Art. 53 Sec. 56 Off St.Parking Requirements Art. 53, Section 36 Use: Forbidden

    Purpose: Seeking to combine Parcel ID 0104541000 and Parcel ID 0104540000 to form one new 1,800 square foot lot to be known as 4 Haynes Street. Also, to erect a new building with four residential units and three parking spaces.



    Case: BOA-1442155 Address: 85 West Newton Street Ward 9 Applicant: Inquilinos Boricuas en Accion, Inc

    Article(s): Article 64, Section 8 Use: Conditional - Community Center Conditional Article 64, Section 8 Use: Conditional - Public Art Display (Ground Floor) Conditional Article 64, Section 8 Use Regulations - Art Gallery Forbidden Article 64, Section 8 Use Regulations - Auditorium Forbidden Article 64, Section 8 Use Regulations - Studios, Arts Forbidden Article 64, Section 8 Use Regulations - Theatre Forbidden Article 64, Section 8 Use Regulations - Ticket Sales Forbidden Article 64, Section 8 Use Regulations - General Offices Forbidden

    Article 64, Section 9 Floor Area Ratio Excessive Article 64, Section 9 Rear Yard Insufficient Art.64 Sec. 37 Appl. of Dimentional Req. -64 37.1 Conformity with Existing Building Alignment. Article 64, Section 36 Off Street Loading Insufficient Article 32, Section 4. GCOD, Applicability Aft.25 Flood Hazard District Nonresidential/Pre existing - Article 25A 4 Applicability Article 64 Section 8 Use Regulations - Professional School Forbidden

    Purpose: Erect new 4 story Multi purpose Community Arts Center with offices and educational space. Community center will serve multiple uses of an auditorium, theatre, arts (gallery, studio, & public display), and ticket sales. Offices and professional school on upper levels with a low roof terrace.



    Case: BOA-1142246 Address: 79 Perkins Street Ward 10 Applicant: Christy Page

    Article(s): Article 55, Section 8Use Regulations - MFR is Forbidden in a 3F 4000 Sub district Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 40Off Street Parking & Loading Req Off street parking is insufficient

    Purpose: Change of occupancy from three (3) family to four (4), newly created unit in the basement, all proposed work to finish basement and install partial sprinkler system. No work to be done on other floors.



    Case: BOA- 1435582 Address: 110-118 Terrace Street Ward 10 Applicant: Michael P. Ross, Esq-ARTICLE 80

    Article(s); Art. 59, Section 18 Use: Forbidden MFR Art. 59, Section 18 Use: Conditional - Local Retail greater than 1,000 sqft Article 59 Section 38 Application of Dimensional Req - 59-38.2 - Traffic Visibility Across Corner Article 59, Section 19 Floor Area Ratio Article 59, Section 19 Building Height Article 59, Section 19 Usable Open Space

    Article 59, Section 19 Rear Yard

    Purpose: Combination of Parcel IDs: 1000371000, 1000370000, 1000369000, 100368000, 1000367001, & 1000371010, to erect a new 6 story mixed use building, consisting of seventy nine (79) living units of rental housing with core/shell retail on the ground floor. The basement contains thirty two (32) car parking spaces in an underground garage and rooftops contain common & private terraces. Demolition of existing buildings to be filed under separate short form permits. LPR. This application is filed in conjunction with ALT1316625, ALT1316620, ALT1316602, and ALT1310294.



    Case: BOA#1436577 Address: 110-118 Terrace Street Ward 10 Applicant: Michael P. Ross, Esq-ARTICLE 80

    Purpose: Combination of Parcel IDs: 1000371000, 1000370000, 1000369000, 100368000, 1000367001, & 1000371010, to erect a new 6 story mixed use building, consisting of seventy nine (79) living units of rental housing with core/shell retail on the ground floor. The basement contains thirty two (32) car parking spaces in an underground garage and rooftops contain common & private terraces. Demolition of existing buildings to be filed under separate short form permits. LPR. This application is filed in conjunction with ALT1316625, ALT1316620, ALT1316602, and

    ALT1310294.

    Violation: Violation Description: Violation Comments:

    9th 780 CMR 3202 Encroachments 3202.3 Encroachments 8 feet or more above grade.

    Encroachments 8 feet (2438 mm) or more above grade shall comply with Sections 3202.3.1 through 3202.3.4.

    [Solar-Shades encroaching beyond interior lot lines] 9th 780 CMR 705 Exterior Walls 705.8.1 Allowable area of openings. The maximum area of unprotected and protected openings permitted in an exterior wall in any story of a building shall not exceed the percentages specified in Table 705.8.



    Case: BOA-1436479 Address: 20-28 Cheney Street Ward 12 Applicant: Teronda Ellis-ARTICLE 80

    Article(s): Article 50 Section 28 Use Regulations - Multifamily use: forbidden Art. 50 Sec. 44.2 Existing Bldg Alignment - Modal calculation not provided to verify compliance with alignment on Cheney and Hartwell streets.

    Article 50, Section 44.3 Traffic Visibility Across Corner Article 50, Section 29 Add'l Lot Area Insufficient

    Article 50, Section 29 Floor Area Ratio Excessive Art. 50 Sec. 29 Usable open space insufficient Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Rear Yard Insufficient

    Purpose: Erect an 8,790, 3 story, 6 residential unit building with 6 surface level parking spaces in rear yard. This project is part of a Large Project review along with 4 18 Cheney Street (ERT1254459) and 3 Schuyler Street (ERT1254454). Subdivide lot granting on ALT1382356 & ALT1382360.



    Case: BOA-1433779 Address: 800 William T Morrissey Blvd Ward 16 Applicant: Bay Colony Associates, LLC-ARTICLE 80

    Article(s): Art. 65 Sec. 04 Greenbelt Protection Overlay District Applicability Art. 65 Sec. 65 41.5 Parking Size & Maneuverability - Proposed stackers create maneuverability issues. Article 65, Section 15 Use: Conditional - MFR is a condition use in a CC sub district Article 65, Section 16 Floor area ratio (FAR) is excessive Article 65, Section 16 Building height in feet is excessive Article 65, Section 16 Rear yard set back is insufficient.Article 25A Section4 CFROD Applicability Art. 65 Sec. 65 41.5 Parking Size & Maneuverability - Dimensions of proposed parking spaces is insufficient.

    Purpose: The project will consist of a single six story building with approximately 230 residential units, approximately 159 accessory off street parking spaces located on the ground level below the footprint of the building, amenity space, landscaping and other related improvements. Awaiting MA Board of Elevator Regulations approval regarding proposed Vehicle Stacker system. JMK.



    Case: BOA-1435181 Address: 551 Boylston Street Ward 5 Applicant: Josh Zakim CANNABIS

    Article(s): Art. 39 Section 12 Use: Conditional - Art. 39 section 12 Cannabis Establishment. Provided that any cannabis establishment shall be sited at least one half mile or 2640 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 grades of 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

    ART. 39 section 12 Use: conditional - Cannabis Retail ART. 39 section 12 Use: conditional - Cannabis accessory storage

    Purpose: Change of Occupancy from a restaurant to a Cannabis Dispensary. Interior and exterior renovation of existing tenant space and building facade. Interior renovations for mercantile & business use with new commercial finishes throughout. Exterior storefront renovation included.

  7. RECOMMENDATIONS: 11:00 AM

    Case: BOA-1421688 Address: 1066 Bennington Street Ward: 1 Applicant: Raul Sanclemente

    Article (s): Art. 10 Sec. 01 Limitation of parking areas Art. 53 Sec. 09 Insufficient open space Art. 53 Sec. 09 Through lot results in two required front yards of open space. (front yard parking is not allowed)

    Purpose: PARKING FOR 3 TOTAL CARS; Requesting two additional reduced sized compact motor vehicles in rear of through lot on ASHLEY street side to include expanding of existing curb cut. *Modified scope of work 11/18/22 due to one existing space previously permitted in 2004.



    Case: BOA-1352188 Address: 88 Chelsea Street Ward: 1 Applicant: El Sabroson Taqueria

    Article (s): Art. 08 Sec. 03 Conditional Uses

    Purpose: Remove proviso from previous BOA decision for this "Relief is limited to this Petitioner Only" for takeout under BOA 1018491 ALT1010508



    Case: BOA- 1424488 Address: 36 High Street Ward: 2 Applicant: Cameron Merrill

    Article (s): Art. 62 Sec. 19 Neighborhood Design Overlay Districts - NDOD Zoning overlays Art. 62 Sec. 25 Roof Structure Restrictions - Alteration of Existing Roof Profile Article 62,Section 8 Building Height (# of Feet) Excessive Art. 09 Sec. 01 Extension of Non Conforming Use - 3F 2000 3 story 35 foot height limit in this Zoning District. Proposed addtional new floor area at 5th level of the building.

    Purpose: We have Permit (SF1324564). After demo discovered we need to install new footings and steel beam in basement to replace rotted post and beam. Install new concrete floor in basement. Install new headers on all bathrooms. On top floor install LVL for opening for the skylight and stairs to equipment. Erect new roof deck with hatch access more than 30 inches.



    Case: BOA- 1399338 Address: 9 Sackville Street Ward: 2 Applicant: Eric Zachrison

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

    Purpose: Nominal fee requested to add one story and add area at the front of an existing single family home, and convert to a two family.



    Case: BOA- 1408580 Address: 24 Pleasant Street Ward: 2 Applicant: Grant Ewing

    Article (s): Art. 62 Sec. 62-25 Roof Structures Restricted

    Purpose: Construct dormer addition per plans.



    Case: BOA- 1435497 Address: 11 Louisburg Square Ward: 5 Applicant: 11 Louisburg Square Nominee Trust

    Article (s): Article 13, Section 3 Nonconformity to Dimen Req - Existing Non Conforming FAR exceeds 2

    Purpose: Original Permit # ALT1345472 Complete infill of rear ell atrium floor.



    Case: BOA-1394771 Address: 1002-1004 Tremont Street Ward: 9 Applicant: Bakaloa Kitchenette, Inc

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

    Purpose: Removing proviso for new petitioner no work to be done.



    Case: BOA-1434938 Address: 9 Wenlock Road Ward: 16 Applicant: Graden Foley

    Article (s): Art. 65 Sec. 65 8 Floor Area Ratio excessive

    Purpose: To renovate existing single family. Add an addition on the left side of the building & expand living space into the basement as per plans.



    Case: BOA-1409011 Address: 26 Greenview Avenue Ward: 19 Applicant: Robert Davol

    Article (s): Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Bldg Height Excessive (Stories)

    Article 55, Section 9 Usable Open Space Insufficient Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Front Yard Insufficient

    Purpose: Installation of addition on rear of house as shown in drawings. Installation of dormer at attic location as shown in drawings. Reconfigure 1st and 2nd floor plans. New HVAC, electrical and plumbing systems throughout home.



    Case: BOA- 1415260 Address: 4 Wallingford Road Ward: 21 Applicant: Hilltop Trust

    Article (s): Article 51, Section 9 Floor Area Ratio Excessive

    Purpose: Partial demolition of partition walls, chimney demolition. Total renovation in both apartments, structural work

    according to drawings, kitchens and bathrooms relocation, new hardwood floors, Plumbing, HVAC, Electrical work.

    Insulation, sheetrock, plastering and painting work. Change Occupancy from a 1 Family to a 2 Family.



    Case: BOA-1382453 Address: 226 Harvard Avenue Ward: 21 Applicant: PF Supreme, LLC d.b.a Planet Fitness

    Article (s): Art. 08 Sec. 03 Conditional Uses - 1 Fitness center/gym in Community Commercial is a conditional use. 2 24hr operation Conditional also see article 9 1A

    Purpose: Renovation of existing vacant space to combine existing tenant spaces on the 1st and 2nd floor to accommodate a multi level fitness center. Fitness center to operate 24 a day, 7days a week per business model. Change in use/occupancy.



    Case: BOA-1434811 Address: 18-20 Meridian Street Ward: 1 Applicant: Antinea Noguera

    Article (s) Art. 53 Sec. 11 Conditional - Large Take Out Restaurant Conditional

    Purpose: Remove Proviso and grant to this Petitioner only (Notice of Decision 03-30-2021 BOA 1158518).

  8. RE-DISCUSSIONS :11:30 AM

    Case: BOA-1214604 Address: 423 William F McClellan Highway Ward 1 Applicant: Sons Divine Providence Inc.

    Article(s): Art. 53, Section 28 Use: Forbidden - Use not identified in table "D" Art. 53, Section 55 Sign Regulations - Insufficient front yard setback Art. 53, Section 55 Sign Regulations - Max allowed height exceeded

    Art.11 Sec.06 Billboard Signs Article 11, Section 7 Electronic Signs - electronic/digital

    Article 27T Section 9 IPOD Enforcement - NON-APPLICABLE (Added at the request of the applicants attorney) - See Dain/Trophy firm document added to the case file for further inquiry 2.1.23

    Purpose: Erect an outdoor advertising device (digital billboard) consisting of a single monopole with back to back digital faces with dimensions of 14 ' by 48 ' (60' Height) facing William F. McClellan Highway, East Boston.

    Reason for Prior Deferral: The applicant requested a deferral to apply for an IPOD application.



    Case: BOA-1267825 Address: 295 Webster Street Ward 1 Applicant: Aaron Daigneault

    Article(s): Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Floor Area Ratio Excessive

    Artile 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 56 Off Street Parking & Loading Req - Off Street Parking Insufficient

    Purpose: Change of occupancy from single family to three family dwelling. Extend living space to basement for additional unit. Renovate and upgrade M.E.P.

    Reason for Prior Deferral: The applicant requested a deferral and it was granted unanimously. Has been deferred four times.



    Case: BOA-1419403 Address: 5 Nancia Street Ward 1 Applicant: Tien Pham

    Article(s): Art. 27G E Boston IPOD Art. 53 Sec. 08 Use: Conditional - Ancillary driveway to access the property. Article 53, Section 9 Lot Area Insufficient - Min. required: 4,000 sqft Proposed: 3,600 sqft

    Article 53, Section 9 Front Yard Insufficient - Min. required: 10' Proposed: 5' Art. 53 Sec. 09Side yard insufficient - Min. required: 7' Proposed: 5' (R) Article 53, Section 9 Rear Yard Insufficient - Min. required: 40' Proposed: 36' Article 53, Section 57.2 Conformity Ex Bldg Alignment - Street modal calculation not provided to verify compliance.

    Purpose: Erect a two family dwelling on a vacant lot. Application in conjunction with U491348832 providing ancillary driveway access to the property.

    Reason for Prior Deferral: The applicant requested a deferral to continue the community process.



    Case: BOA- 1419404 Address: 127 Saint Andrew Road Ward 1 Applicant: Tien Pham

    Article(s):Art. 53 Sec. 56 Off St.Parking Requirements - Driveway is giving access to neighbor's property. Article 53, Section 9 Usable Open Space Insufficient Art. 27G E Boston IPOD

    Purpose: Create off street parking via a shared driveway. Work being done in conjunction with ERT1300659.

    Reason for Prior Deferral: The applicant requested a deferral to continue the community process



    Case: BOA-1395189 Address: 16 Dunmore Street Ward 8 Applicant: Alfonso Sira

    Article(s): Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Bldg Height Excessive (Feet) Article 50, Section 29 Rear Yard Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 43 Off Street Parking & Loading Req - Outdoor Uses off street parking Art. 50 Sec. 38 Design Review Art. 50 Sec. 45 Extension of nonconforming use Art. 16, Section 8 Restricted Roof Structure District - More than 10%of the total roof area

    Purpose: Confirm as one family and change to a three family building. Add a three story addition in the rear of the existing building add

    three parking spaces on site as per plan filed herewith. Building to be used as a dwelling for three families after the renovations are completed.

    Reason for Prior Deferral: The applicant requested a deferral which was approved unanimously.



    Case: BOA-1361351 Address: 1617 Tremont Street Ward 10 Applicant: Lubavitch of Cambridge, Inc

    Article(s): Article 59, Section 7Use Regulations -Use: Transitional Housing: Conditional Article 59, Section 8 Floor Area Ratio Excessive Article 59, Section 8Building Height Excessive Article 59, Section 8Usable Open Space Insufficient Article 59, Section 8 Front Yard Insufficient Article 59, Section 8 Side Yard Insufficient Article 59, Section 37 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 59, Section 37Off Street Parking & Loading Req - Off Street Loading Insufficient Article 59, Section 8 Rear Yard Insufficient Article 59, Section 7 Use Regulations - Use : Community Center on 2nd Floor: Forbidden

    Purpose: Demolish existing Buildings. Combine ALT 130939 lot 1615 Tremont Street with ALT 1310943 lot 1617 Tremont for addition to1615 Tremont ALT1310951. Change Occupancy from a Two (2) Family Dwelling and Hall to become a Jewish Community Education Center & Social Work spaces for parsonage & short term Hospitality Suites for Families receiving medical treatment. Construct a 4 story addition attached to existing Building. There will be Classroom spaces located in Basement. On the 2nd Floor will be a Community Center

    space. On Floors 3 & 4 will be temporary Lodging Rooms (12 Rooms total). Construct a common Roof Deck.

    Reason for Prior Deferral: The applicant requested a deferral to finalize the community process.

  9. HEARINGS: 1:00PM

    Case: BOA-1444384 Address: 11 Walker Street Ward 2 Applicant: Lorene Schettino

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

    Article 62, Section 8 Usable Open Space Insufficient Art. 62 Sec. 25 Roof Structure Restrictions

    Purpose: Enlarge the back dormer and add a roof deck as per plans.



    Case: BOA-1423072 Address: 15 Rusfield Street Ward 8 Applicant: Timothy Fraser, Esq

    Article(s): Article 50, Section 32 Use Regulations in IDA - Use: Residential Dwelling Unit: Forbidden

    Article 50, Section 33 Usable Open Space Insufficient

    Purpose: No work. Change occupancy from "Manufacturing of shoe soles & manufacturing, storage & shipping of paper boxes and manufacturing of marble sinks" to "Warehousing (indoor): incl: non hazardous materials; self storage, and legalize one (1) accessory Apartment Dwelling Unit."



    Case: BOA-1364371 Address: 105 Norwell Street Ward 14 Applicant: Richard Liriano

    Artice(s): Art. 10 Sec. 01 Limitation of parking areas - 5' parking buffer Art. 65 Sec. 41 Off street parking requirements - 4) Location Art. 65 Sec. 9 Front yard Art. 65 Sec. 9 Rear yard Art. 65 Sec. 9 Open space Art. 65 Sec. 9 Lot size Art. 65 Sec. 9 Additional lot area per unit Art. 65 Sec. 9 F.A.R. Art. 65 Sec. 9 # of allowed stories

    Purpose: Subdivide parcel #p 1401643000 15305 sq ft into four 3700 sq lots and erect a 2 family, this lot to be known as 105 Norwell St.*Revised scope Subdivide parcel #1401643000 15,305 sq ft into four lots and then erect a new 2 family on each lot, this lot to be known as, Lot#2, 105 Norwell St. having 3,712sf of land with two off street parking spaces. (6.21.22) (See ALT1245971 for subdivision)



    Case: BOA-1364395 Address: 105 Norwell Street Ward 14 Applicant: Richard Liriano

    Article(s): Art. 65 Sec. 9 Residential Dimensional Reg.s - #101,103,105 and 107 Nowell Street - Insufficient lot sizes-5,000sf lot min. required

    Purpose: Subdivide this parcel # 1401643000 15305 sq. ft. into four 3700 sq. lots to be known as 101, 103, 105 and 107 Norwell St. Revised scope- Subdivide parcel #p 1401643000 15305 sq ft into four lots and then erect a new 2 family on each with two off street parking spaces. (6.21.22)



    Case: BOA-1364376 Address: 101 Norwell Street Ward 14 Applicant: Richard Liriano

    Article(s): Art. 10 Sec. 01 Limitation of parking areas - 5' side yard buffer req. Art. 65 Sec. 41 Off street parking requirements - 4) Location Art. 65 Sec. 9 Lot size Art. 65 Sec. 9 Additional lot area per unit Art. 65 Sec. 9 Excessive f.a.r. Art. 65 Sec. 9 # of allowed stories has been exceeded Art. 65 Sec. 9 Insufficient open space per unit Art. 65 Sec. 9 Insufficient front yard setback Art. 65 Sec. 9 Insufficient rear yard setback

    Purpose: Subdivide parcel # 1401643000 15305 sq ft into four 3700 sq lots and erect a 2 family, this lot to be known as 101 Norwell St.*Revised scope Subdivide parcel #1401643000 15305 sq ft into four separate lots and then erect a new 2 family on each lot, this lot to be known as, Lot#4, 101 Norwell St. having 3,999sf of land with two off street parking spaces. (6.21.22) *Application filed in conjunction with ALT1245971 for subdivision.



    Case: BOA-1364380 Address: 103 Norwell Street Ward 14 Applicant: Richard Liriano

    Article(s): Art. 10 Sec. 01 Limitation of parking areas - 5' buffer req. Art. 65 Sec. 41Off street parking requirements - 4) Location Art. 65 Sec. 9 Lot size Art. 65 Sec. 9 Additional lot area per unit Art. 65 Sec. 9 # of allowed stories exceeded Art. 65 Sec. 9 Insufficient open space per unit Art. 65 Sec. 9 Front yard Art. 65 Sec. 9 Rear yard

    Art. 65 Sec. 9 Excessive f.a.r

    Purpose: Subdivide parcel # 1401643000 15305 sq ft into four 3700 sq lots and erect a 2 family this lot be known as 103 Norwell St*Revised scope Subdivide parcel #p 1401643000 15305 sq ft into four lots and then erect a new 2 family on each lot, this lot to be known as, Lot#3, 103 Norwell St. having 3,818sf of land with two off street parking spaces. (6.21.22) (SEE ALT1245971 for subdivision and other required ZBA variances)



    Case: BOA-1364391 Address: 107 Norwell Street Ward 14 Applicant: Richard Liriano

    Article(s): Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Insufficient additional lot area per unit Art. 65 Sec. 9 Excessive f.a.r Art. 65 Sec. 9 # of allowed stories has been exceeded Art. 65 Sec. 9 Insufficient open space per unit

    Art. 65 Sec. 41 Off street parking requirements - 4) Location Art. 65 Sec. 9 Insufficient front yard setback Art. 65 Sec. 9 Insufficient rear yard setback Art. 10 Sec. 01Limitation of parking areas - 5' side yard buffer required

    Purpose: Subdivide parcel # 1401643000 15305 sq ft into four 3700 sq lots and erect a 2 family, this lot to be known as 107 Norwell St. *Revised scope Subdivide parcel #1401643000 15,305 sq ft into four lots and then erect a new 2 family on each lot, this lot to be known as, Lot#1, 107 Norwell St. having 3711sf of land with two off street parking spaces. (6.21.22) (See ALT1245971 for subdivision)



    Case: BOA-1406915 Address: 147 Neponset Avenue Ward 16 Applicant: Declan Kearns

    Article(s): Article 65, Section 9 Rear Yard Insufficient

    Purpose: Addition as per stamped drawings.



    Case: BOA-1435173 Address: 400 Belgrade Avenue Ward 20 Applicant: John Pulgini

    Article(s): Article 56, Section 39 Off-Street Parking & Loading Reg - Off-Street Parking Insufficient

    Purpose: Reduction in internal parking spaces from (33) to (18) spaces. Work in conjunction with ERT558343.



    Case: BOA-1424793 Address: 7 Sutherland Road Ward 21 Applicant: David Lapidus

    Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use Article 51 Section 17 Usable Open Space

    Article 51, Section 16 MFR - Conditional Article 51, Section 56 Off-Street Parking Insufficient

    Purpose: Change occupancy from 6 Units & laundromat to 7 Units. Converting the existing laundromat on the ground floor to a two bedroom one bath Group 2 accessible unit (Unit #7A). No proposed expansion of the exterior envelope. Building is and will be sprinklered per NFPA 13.



    Case: BOA-1443680 Address: 122-124 Brighton Avenue Ward 21 Applicant: Derric Small

    Article(s): Article 51, Section 16 Use: Forbidden - Take out restaurant is a Forbidden use in a CC 1 Sub district

    Article 51, Section 56 Off Street Parking Insufficient Article 51, Section 16 Use Regulations - Sit down restaurant is a conditional use in a CC 1 Sub district

    Purpose: Change the legal occupancy from offices, display sales for wholesale goods use, retail store to restaurant, restaurants with food court with take-out use and outdoor seating for approximately 56 patrons.



    Case: BOA-1411397 Address: 610 Chelsea Street Ward 1 Applicant: JTJD LLC-CANNABIS

    Article(s): Art. 27G E Boston IPOD Art. 53, Section 15 Use: Conditional - Cannabis establishment

    Purpose: This site will be used for wholesale cannabis delivery operations.

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