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Zoning Board of Appeal hearing

The September 29, 2020, hearing will be held virtually via video teleconference and telephone via the webex event platform.

Please be advised of the following appeals to be heard on September 29, 2020, beginning at 9:30 a.m. and related announcements.

All matters listed on this September 29, 2020, hearing agenda have been noticed in accordance with the enabling act.

Some matters listed on this agenda may have been scheduled and noticed for prior hearings which were then deferred to a later hearing due to the public health emergency. Any such appeals on this agenda have been re-noticed in accordance with the enabling act.

Please be advised of the following participation instructions:

The September 29, 2020, hearing will be held virtually via video teleconference and telephone via the webex event platform.

Interested persons can participate in the hearing REMOTELY by going to our online meeting link or by calling 1-617-315-0704 and entering access code 173 301 5713.

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 isdboardofappeal@boston.gov.

The ZBA Ambassador will be available within the WebEx Event from at 8:30 - 9:30 a.m. to answer questions about ZBA procedures and offer instructions on how to participate in the hearing via WebEx. 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, if connected by video, or dial *3, if connected by phone. The requester will be administratively unmuted and 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 9 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 appear in person at City Hall, in the BPDA board room, 9th Floor, Room 900. 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. Individuals appearing at City Hall without an appointment will not be permitted to enter.

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 isdboardofappeal@boston.gov in lieu of offering testimony online or from BPDA boardroom. It is strongly encouraged that written comments be submitted to the board at least 48 hours prior to the hearing.

The public can offer testimony.

Discussion Topics

  1. EXTENSION: 9:30 AM

    Case: BOA-725791 Address: 2-4 Wordsworth Street, Ward 1 Applicant: Richard Lynds, Esq

    Case: BOA-725794 Address: 6-8 Wordsworth Street, Ward 1 Applicant: Richard Lynds, Esq

    Case: BZC-30642Address: 340-360 Boylston Street Ward 5 Applicant: The Arlington Boylston Realty Trust (by Adam Hundley, Esq

    Case: BOA-500504 Address: 10-18 Bowdoin Street Ward 14 Applicant: Joseph Feaster, Esq

    Case: BOA-500502 Address: 100-104 Bowdoin Street Ward 14 Applicant: Joseph Feaster, Esq

  2. GCOD: 9:30 AM

    Case: BOA-1099197 Address: 10 Claremont Park Ward 4 Applicant: 10 Claremont Park, LLC Article(s): Article 32, Section 4. GCOD, Applicability Purpose: Remodel existing Brownstone. All new framing, MEP's, new Fire Alarm and Sprinkler system, and all new finishes. Change Occupancy from a Four (4) Family Dwelling to a Two (2) Family Dwelling.

    Case: BOA-1093051 Address: 264 Huntington Avenue Ward 4 Applicant: Regina Olivieri Article(s): Art. 32 Sec. 04 GCOD Applicability Purpose: Huntington Theatre Renovation and Expansion to theatre building to modernize the front and back of house spaces. Work to include; involves restoring the façade of the building, demo, MEP's, structural and architectural upgrades. Expansion to include arcade area.

  3. HEARING: 9:30 AM

    Case: BOA-1024089 Address: 303 Maverick Street Ward 1 Applicant: Top Goose, LLC Article(s): Article 27T East Boston IPOD Article 53 Section 62 Basement units Article 53 Section 8 MFR – Forbidden Article 53 Section 9 Insufficient addition lot area/unit – 1000sf/unit req Article 53 Section 9 Excessive F.A.R. – 1.0 max.Article 53 Section 9 Max allowed height exceeded – 35’ max Article 53 Section 9 Insufficient open space per unit – 300sf/unit req Article 53 Section 9 Insufficient side yard Art. 53 Sec. 56 Off street parking insufficient Purpose: Seeking to change the occupancy from a three family residential dwelling to a four family residential dwelling and add a rear third story addition. Also, to add a fourth story addition, extend living space into the basement and renovate.

     Case: BOA- 1092261 Address: 273 Border Street Ward 1 Applicant: Holly Mulone Article(s): Article 53 Section 8 Use Regulations Purpose: Change occupancy of unit 1C from office to beauty salon.

    Case: BOA-1006765 Address: 407 Saratoga Street Ward 1 Applicant: Jim Chen Article(s): Article 53, Section 9 Floor Area Ratio Excessive Purpose: Extend living area of unit 1 into the basement by building an interior wall partitions according to proposed architectural plans. Enlarge 2 windows and 1 door opening to meet basement egress requirements.

    Case: BOA-1047745 Address: 492 Sumner Street Ward 1 Applicant: Eagle Hill Venture 1, LLC Article(s): Article 53 Section 8 4 family use forbidden Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 56 Off Street Parking & Loading Req Purpose: Seeking to confirm occupancy as a three family residential dwelling and change to a four family residential dwelling and renovate.

    Case: BOA-1056759 Address: 42 West Eagle Street Ward 1 Applicant: Mario Martinez Article(s): Article 27T 5 East Boston IPOD Applicability Article 53 Section 8 Use Regulations Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 56 Off Street Parking & Loading Req Purpose: Change occupancy from a three to a four unit residential dwelling.

    Case: BOA- 1112173 Address: 65-69 Atlantic Avenue Ward 3 Applicant: Maria Freddura Article(s): Art. 09 Sec. 01 ** Extension of Non-Conforming Use Article 54, Section 9 Use Regulations – Accessory use Outdoor seating for 80 persons – Conditional Purpose: First floor storefront; expand from existing restaurant, [The Daily Catch],1700 sq ft to abutting premises; office/retail [Laser salon], 650 sq ft. Three existing egress, two bathrooms, ventilation, sprinkler and Kitchen/Hood/PCU will remain same. Remove demising walls to create 'open' floor plan.

    Case: BOA- 1025549 Address: 22 Braddock Park Ward 4 Applicant: Tait and Laura Nielsn Article(s): Article 64, Section 9.4 Town House/Row House Extension Article 32, Section 4. GCOD, Applicability Purpose: Confirm occupancy as existing single family. Construct a new rear deck and roof deck also extend living space into basement and propose rear patio and 2 off street parking.

    Case: BOA-1092752 Address: 582 East Broadway Ward 6 Applicant: Douglas Stefanov Article(s) : Art 68 Sec 29 Roof Structure Restrictions Art 68 Sec 8 Floor area ratio is excessive Art 68 Sec 8 Height requirement is insufficient Art 68 Sec 8 Usable open space requirements is insufficient Art 68 Sec 8 Side yard setback requirements is insufficient Article 27S 5 IPOD Applicability Art. 68 Sec.33 Off Street parking Req. Purpose: Renovating existing 3 unit building, adding 2 new units for total of 5 units. Add a new top story, headhouse and roof deck. 4 Parking spaces accessible from back.

     Case: BOA-1092866 Address: 16 Preble Street Ward 7 Applicant: George Morancy Article(s): Article 16 Section 1 Building Height Excessive Purpose: Install roof deck to access from existing head house. Roof deck for exclusive use of top floor unit. Roof decking to be existing rubber roof pavers, no change in height. [e-Plan]

    Case: BOA- 1098228 Address: 18 Preble Street Ward 7 Applicant: George Morancy Article(s): Art. 15 Sec. 01 Floor Area Ratio excessive Art. 19 Sec. 01 Side yard insufficient Article 16 Section 1 Building Height Excessive Purpose: Install roof deck to access from existing head house. Roof deck for exclusive use of top floor unit. Roof decking to be existing rubber roof pavers, no change in height. [e-Plan]

  4. RE-DISCUSSION:11:30AM

    Case: BOA-1003148 Address: 50 Elm ST Ward: 2 Applicant: Christine Hajdin Article: 10(10-1) Purpose: Installation of driveway and accompanying curb cut 2 parking spots.

    Case: BOA-999497 Address: 7 Smith CT Ward: 3 Applicant: Timothy Burke Article: 15(15-15-1) 20(20-4) Purpose: Construct addition on Third Floor for new family room and bathroom. Construct new roof Deck. For permit ALT903609.

    Case: BOA-993501 Address: 11 Pacific ST Ward: 7 Applicant: John Barry Article: 68(68-27S-5) 68(68-8: Insufficient side yard setbacks, Insufficient open space per unit & Excessive f.a.r.) 68(68-33) Purpose: To construct a new rear addition and confirm occupancy as a single family and change to a three family residential building.

    Case: BOA-992849 Address: 190 Calumet Street Ward 10 Applicant: Timothy Burke Article(s): 59(59-8) Purpose: Extend living space for Unit 1 into a portion of the Basement. Work requires ZBA approval for floor to area ratio.

    Case: BOA-978496 Address: 95-99 Freeport Street Ward 15 Applicant: Mai Phung Article(s): 65(65-21) Purpose: Proposed to change occupancy to include 10 apartments (as per plans).

    Case: BOA-1019761 Address: 21 Fenton Street Ward 15 Applicant: Modern Contracting Inc Article(s): 65(65-9: Lot Area Insufficient, Floor Area Ratio Excessive, Bldg Height Excessive (Stories), Usable Open Space Insufficient, Front Yard Insufficient & Side Yard Insufficient) Purpose: Build a two family. 

    Case: BOA-981052 Address: 31 Lonsdale Street Ward 16 Applicant: Phung Porzio, Inc Article(s): 65(65-8) 65(65-41) 65(65-9: Lot Area Insufficient, Floor Area Ratio Excessive, Bldg Height Excessive (Stories), Front Yard Insufficient & Side Yard Insufficient) Purpose: Construction of a new unit on the third floor, permit was previously issued for 3 family but work never completed.

    Case: BOA- 1047724 Address: 130 Chestnut Hill Avenue Ward 21 Applicant: 2 Life Development Inc. Article(s): 51(51-8: Multi unit dwelling use is forbidden use, Retail use is a forbidden use & Medical clinic use is a forbidden use) 51(51-9: Floor area ratio is excessive, Height requirement is excessive (stories), Height requirement is excessive (ft), Front yard setback requirement is insufficient, Rear yard setback requirement is insufficient & Side yard setback requirement is insufficient) Purpose: Demolition of 64 Boston Housing Authority units (the J.J. Carroll Apartments) and new construction of approximately 144 apartments, approximately 11,000 sf for a PACE Center (medical clinic), ground floor common space, and neighborhood-oriented retail.

    Case: BOA-1051356 Address: 132 Chestnut Hill Avenue Ward 21 Applicant: 2 Life Development Inc. Article(s): 51(51-9) 9(9-1) Purpose: A proposed development at 130 Chestnut Hill Ave includes an enclosed pedestrian bridge to the adjacent existing building at 132 Chestnut Hill Ave. The 130 Chestnut Hill Ave project has Permit Application number ERT1016280.

    1 Hour Lunch Break

  5. HEARING: 1:00 PM

    Case: BOA- 1028114 Address: 31-37 Beach Street Ward 3 Applicant: CDC Realty Corp & Media Vision by Richard Lynds, Esq Article(s): Article 11, Sec. 7 Electronic Signs Article 11, Section 6 Billboards Purpose: Propose 15' x 25' digital billboard on the corner of Harrison Ave and Beach St.

    Case: BOA- 1100097 Address: 3 Oakhurst Street Ward 14 Applicant: Whiteacre Properties Article(s): Article 60 Section 9 Insufficient lot size Article 60 Section 9 Insufficient additional lot area Article 60 Section 9 Excessive F.A.R. Article 60 Section 9 Insufficient front yard setback Article 60 Section 9 Insufficient rear yard setback Article 60 Section 9 Insufficient side yard setback Article 60 Section 9 Insufficient open space per unit Purpose: Erect a new 3 story, 3 family dwelling.

     Case: BOA-1100107 Address: 5 Oakhurst Street Ward 14 Applicant: Whiteacre Properties Article(s): Article 60 Section 9 Insufficient lot size Article 60 Section 9 Insufficient additional lot area per unit Article 60 Section 9 Insufficient side yard setback Article 60 Section 9 Insufficient rear yard setback Article 60 Section 9 Insufficient front yard setback Article 60 Section 9 Insufficient open space Article 60 Section 9 Excessive F.A.R. Purpose: Erect new 3 story, 3 family dwelling.

    Case: BOA-1079502 Address: 5 Gleason Street Ward 14 Applicant: Paul Hamilton Article(s): Article 60, Section 9 Rear Yard Insufficient Article 60, Section 40 Off Street Parking & Loading Req Purpose: Change occupancy from a two family to a three family dwelling by adding an addition and constructing four new bedrooms on the existing house footprint, with one new bathroom, eight new windows and closets, siding and roof, new electrical and plumbing work.

    Case: BOA-1099089 Address:17 Wrentham Street Ward 16 Applicant: Khai Vo Article(s): Article 65, Section 9 Side Yard Insufficient Purpose: I got approved for my curb cut application from Public Works Department, but they asked me to apply for a Use of Premises for parking spaces on my driveway and send them the ISD/ZBA permit number.

    Case: BOA- 1044194 Address: 34 Brookvale Street Ward 16 Applicant: John Barry Article(s): Article 65, Section 8 Use Regulations – Three family – Forbidden Art. 09 Sec. 01 Reconstruction/Extension of Non-conforming Bldg. Article 65, Section 9 Dimensional Regulations Article 65, Section 9 Insufficient lot width – 60’ req. Article 65, Section 9 Insufficient lot width frontage – 60’ req. Article 65, Section 9 Excessive F.A.R. Article 65, Section 9 # of allowed stories exceeded – 2 ½ story max Article 65, Section 9 Insufficient front yard Article 65, Section 9 Insufficient side yard Purpose: To construct a new rear and upper level addition and change occupancy from a single family to a three family as per attached plans.*To include Extend living space to basement and roof deck per plan.

    Case: BOA-1090426 Address: 582 Freeport Street Ward 16 Applicant: Zack Aicardi Article(s): Art. 09 Sec. 01 Reconstruction/Extension of Non-conforming Bldg. Purpose: Removing rear stairs and replacing them with a deck.

    Case: BOA- 1102209 Address: 99-105 Fairmount Avenue Ward 18 Applicant: John Pulgini Article(s): Article 69 Section 8 General retail business use (2): forbidden Article 69 Section 8 47 Residential units use: forbidden Article 69 Section 29 Off Street Parking & Loading Req-Required: 94 spaces. Provided 33 Article 69, Section 9 Floor Area Ratio Excessive Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Bldg Height Excessive (Stories) Article 69, Section 9 Bldg Height Excessive (Feet) Purpose: Erect mixed use, 4 story building with 47 residential units, 2 commercial spaces and 33 parking spots.

    Case: BOA- 1072124 Address: 295 Kittredge Street Ward 18 Applicant: Tom Timko Article(s): Article 67, Section 9 Add'l Lot Area Insufficient Article 67, Section 9 Usable Open Space Insufficient Article 67, Section 9.3 Location of Main Entrance Article 67, Section 32 Off Street Parking is insufficient Purpose: Change occupancy from 1 family to two family. Add Deck for additional egress/replace non compliant stair. No change to interior space footprint. Property is in a 2F 5000 zone and is divided into two units. Listed incorrectly as single family. Need to correct. Requesting relief lot size of 5,164 SF less than minimum for by right 2nd unit.

    Case: BOA-1070807 Address: 150 River Street Ward 18Applicant: Planning Office for Urban Affairs Article(s): Article 60, Section 8 Multi family dwelling unit use is a forbidden use Article 60, Section 9 Floor area ratio requirement is excessive Article 60, Section 9 Height requirement is excessive Article 60, Section 9 Usable open space requirement is insufficient Article 60, Section 9 Rear yard setback requirement is insufficient Article 60, Section 41.1 Conformity Ex Bldg Alignment Article 60, Section 37 Off Street Loading Insufficient Art. 10 Sec. 01 Limitation of parking areas Purpose: New construction of a 30 unit, mixed income, senior housing building.

    Case: BOA- 1098798 Address: 28 Waterman Road Ward 19 Applicant: Michael Chaisson Article(s): Article 55, Section 12 Side Yard Insufficient Purpose: Add dormer addition for master bedroom and bathroom.

    Case: BOA-1047748 Address: 3992-3996 Washington Street Ward 19 Applicant: Boston Building Company, LLC Article(s): Art. 67 Sec. 12 Floor area ratio is excessive Art. 67 Sec. 12 Height requirement is excessive (stories) Art. 67 Sec. 12 Front yard setback requirement is insufficient (Washington St) Art. 67 Sec. 12 Rear yard setback requirement is insufficient Art. 67 Sec. 12 Front yard setback requirement is insufficient (Archdale Rd) Art 67 Sec. 12 Height requirement is excessive (ft) Art 67 Sec 32 Off Street Parking requirement is insufficient Art 67 Sec 32 Off Street loading requirement is insufficient Purpose: Seeking to raze the existing structure and erect a 4 story building with 18 dwelling units, 1 commercial space, and 18 parking spaces.

    Case: BOA- 1054531 Address: 25-29 Poplar Street Ward 20 Applicant: Poplar Street Investments LLC Article(s): Article 67,Section 12 Floor area ratio excessive Article 67,Section 12 Building height (feet) excessive Article 67,Section 12 Building height (stories) excessive Article 67,Section 12 Rear yard insufficient Purpose: Change of Occupancy from Barbershop and Beauty Salon to Barbershop, Retail, and 9 Residential Dwelling Units. Construct 3 story addition above existing first floor. Construct new rear stairway addition.

    Case: BOA-1088651 Address: 31 Tafthill Terrace Ward 20 Applicant: Michael Griffin Article(s): Art. 09 Sec. 01 Reconstruction/Extension of Non-conforming Bldg. Article 67, Section 9 Side Yard Insufficient Purpose: Demo existing 3 story deck leaving the roof structure intact, rebuild to structural and architectural drawings.

     Case: BOA-1014112 Address: 59A Strathmore Road Ward 21 Applicant: A Limited Liability Company, LLC Article(s): Article 51 Section 9 Insufficient additional lot area/unit Article 51 Section 9 Excessive F.A.R. Article 51 Section 9 Excessive height Article 51 Section 9 Insufficient open space/unit Article 51 Section 9 # of allowed stories exceeded Article 51 Section 9 Insufficient side yard setback Article 51 Section 9 Insufficient rear yard setback Article 51, Section 56 Off Street Parking Insufficient Purpose: Seeking to change the occupancy from four residential units to five residential units. Also, to add a fifth floor addition and renovate.

    Case: BOA-1058081 Address: 525 Lincoln Street Ward 22 Applicant: AUBP, LLC Article(s): Article 51, Section 17 Floor area ratio excessive Article 51, Section 17 Building height excessive Article 51, Section 17 Rear yard insufficient Purpose: Erect six story building, totaling approximately 135,000 sf consisting of 80 residential units, ground floor flexible community space, residential amenities and a parking garage at ground level.