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Last updated: 02/01/2017 - 9:23am

Board of Appeal hearing

The board will hold a hearing on February 7 starting 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 24, 2017
  2. EXTENSION 9:30a.m.

    Case: BZC-33258, Address: 321-325 West Broadway, Ward 6, Applicant: Ismail M Yaleinkaya

    Case: BZC:33536, Address: 89 Brent Street, Ward 6, Applicant: Marie Gay

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

    Case: BOA-556332, Address: 39-41 Neponset Avenue, Ward 18, Applicant: George Morancy

    Case: BOA-647805, Address: 164 Bigelow Street, Ward 22, Applicant: Mai Phung

    Case: BZC-33055, Address:17 Court Street, Ward 3 , Applicant: Pam Wylie

  4. REDISCUSSION: 9:30 a.m

    Case: BOA-618306, Address: 4 Trull Street Ward: 15, Applicant: Michael Philbin

    Article(s): 65(65-9) 65(65-41) 65(65-41.5)

    Purpose: Change occupancy from four family to a two family dwelling as per plans. This property located at 4-6 Trull Street was subdivided under ALT553035. This build to now be known as 4 Trull Street. In conjunction with ALT562339, ALT562335.

  5. HEARINGS: 9:30 a.m

    Case: BOA-666399, Address: 56 Union Street Ward: 2, Applicant: Kendrick, LLC

    Article(s): 62(62-8) 62(62-62-25) 62(62-62-29)

     Purpose: Change occupancy from one family building and store to three family building. Complete renovation of existing building as per building plans filed herewith including erecting a third story to restore building to original three story configuration. Install new sprinkler and fire alarm systems. All new electrical, HVAC, and plumbing. Building to be occupied as a three family building after renovation.

     

    Case: BOA-653568 Address: 15 Bunker Hill Street Ward: 2, Applicant: Patrick Mahoney, Esq

    Article(s): 9(9-1)

    Purpose: No work to be performed, increase beds from 27 to 33 beds in occupant load.

     

    Case: BOA-657440, Address: 125-145 High Street Ward: 3, Applicant: Andrew Layman

    Article(s): 11(11-2)

    Purpose: Monument sign. See BRA approved plans.

     

    Case: BOA-660962 Address: 147 Tremont Street Ward: 3, Applicant: Watermark Donut Company, Inc d/b/a Dunkin Donuts

    Article(s): 38(38-18)

    Purpose: Change occupancy to include restaurant with take out. Interior fit out for Dunkin Donuts work includes interior partitions, ceilings, floors, wall finishes, millwork, kitchen equipment, all associated MEP life safety including minor sprinkler and fire alarm system modifications, exterior store front and exterior sign.

     

    Case: BOA-663212, Address: 2-8 Harrison Avenue Ward: 3, Applicant: Anthony Virgilio

    Article(s): 32(32-6) 43(43-23)

    Purpose: Change occupancy from a Telephone Exchange Building to a Telephone Exchange Building with 46 Residential Units (Floors 6-8). The existing building is 8 stories and houses Telecommunications Equipment on Floors 1-5. We are proposing to renovate Floors 6-8 creating residential units. Construct new metal stud partitions, all new corridors, wallboard, all finishes (tile, millwork, carpet). Installation of new kitchens and bathrooms. Alterations to existing MEP/HVAC/Fire Alarm & Sprinkler Systems.

     

    Case: BOA-#663211, Address: 2-8 Harrison Avenue, Ward: 3, Applicant: Anthony Virgilio

    Purpose: Change occupancy from a Telephone Exchange Building to a Telephone Exchange Building with 46 Residential Units (Floors 6-8). The existing building is 8 stories and houses Telecommunications equipment on floors 1-5. We are proposing to renovate floors 6-8 creating residential units. Construct new metal stud partitions, all new corridors, wallboard, all existing MEP/HVAC/Fire Alarm & Sprinkler Systems. 780CMR, 8th Edition 705.8 Openings. Openings in exterior walls shall comply with Sections 705.8.1 through 705.8.6 Window openings are not permitted along property lines.

     

    Case: BOA-665286, Address: 535-541 Boylston Street, Ward: 5, Applicant: AAF Regency Boylston, LLC

    Article(s): 8(8-7)

    Purpose: Outdoor seating for 18 patrons connected to restaurant use on ALT591790.

     

    Case: BOA-644701 Address: 235 Newbury Street, Ward: 5, Applicant: 207 NSR, LLC

    Article(s): 32(32-4) 8(8-7)

    Purpose: Change occupancy from beauty salon to restaurant, to extend an existing ground floor restaurant by 1,682 SF. Work to include interior renovation, exterior renovation for new patio stairs, new accessible entry bay squaring off of existing entry bay, re-cladding of exterior, and excavation under the existing patio level to accommodate storage areas underneath.

     

    Case: BOA-652854, Address: 377 West First Street, Ward: 6, Applicant: Donald Clancy

    Article(s): 68(68-11)

    Purpose: Erect a 4 story, 9 Unit Residential Building with Garage Parking. E-Plan. This is a new application for a previously submitted application under ERT546147. Current plans have undergone significant redesign to eliminate prior height violation.

     

    Case: BOA-#670075 Address: 482 West Broadway, Ward: 6, Applicant: John Gillespie

    Purpose: Add 10 new seating to an existing take-out restaurant. No work to be done. 248 CMR 10.10 Plumbing fixtures. Plumbing fixtures insufficient for propose 10 seating. 8th 780CMR101.43 248 CMR Plumbing Code. 101.43 Plumbing Reference to the International Plumbing Code shall be considered reference to the Board of State Examiners of Plumbers and Gas Fitters regulations at 248 CMR.

     

    Case: BOA-664930, Address: 775 East Sixth Street, Ward: 6, Applicant: Catherine Hurl

    Article(s): 15(15-1) 17(17-1) 

    Purpose: Change occupancy to a two family dwelling and enclose 2nd floor rear porch.

     

    Case: BOA-649306, Address: 109-123 Dresser Street, Ward: 6, Applicant: Patrick Mahoney

    Article(s): 9(9-1) 57(57-22)

    Purpose: Erect new roof deck spanning roof of existing 5-unit condominium building with spiral stairway access from existing rear decks of each of the five units.

     

    Case: BOA-652705, Address: 135 West Second Street, Ward: 6, Applicant: Patrick Mahoney

    Article(s): 23(23-9) 10(10-1) 8(8-7)

    Purpose: Parking lot for 8 cars-install new street lights and relocate as per plan, install new hydrants, install two new curb cuts.

     

    Case: BOA-666883, Address: 10 Grimes Street Ward: 6, Applicant: Colm Dunphy

    Article(s): 14(14-14-1) 14(14-14-2) 14(14-14-3) 14(14-4) 15(15-1) 17(17-1) 18(18-1) 19(19-1) 20(20-1)

    Purpose: Demolish existing wood frame structure; Change Use and Occupancy; Erect a new 4 story residential condominium comprised of 3 dwelling units on 3 floors and a 3 car parking garage located at grade; Building to be wood frame construction for walls and floors; building to be fully sprinklered; All new systems-per plans.

     

    Case: BOA-598998, Address: 187-189 E Street Ward: 7, Applicant: Colm Dunphy

    Article(s): 14(14-14-1) 14(14-14-2) 14(14-14-3) 14(14-4) 15(15-1) 17(17-1) 18(18-1) 20(20-1) 23(23-1)

    Purpose: Erect new four story wood frame building for 6 dwelling units including 6 garaged parking spaces on grade-Raze existing structure on lot.

     

    Case: BOA-656500 Address: 742 East Eighth Street Ward: 7, Applicant: Michael Kineavy

    Article(s): 15(15-1) 20(20-1)

    Purpose: Construct a 3 story addition onto rear of building for a new garage and to create additional living space. Enlarge existing fourth floor headhouse structure. Remove all interiors of existing three family dwelling with new finishes and associated mechanical and electrical work. All new counters, and all finish carpentry. Install new automatic Fire suppression system throughout. Replace existing roof deck.

  6. HEARINGS: 10:30 a.m.

    Case: BOA-655329, Address: 44 Upton Street, Ward: 9, Applicant: Steven Deering

    Article(s): 32(32-4)

    Purpose: Change occupancy of a one family and lodging house to a two family, then renovate building per plans by creating 2 units that consists of 3 bathrooms and 1 kitchen per unit. *No exterior work will be completed under this permit.

     

    Case: BOA-631617, Address: 76 Stonley Road  Ward: 11, Applicant: 58-76 Stonley Road LLC

    Article(s): 55(55-19) 55(55-20) 55(55-40)

    Purpose: Demolition of an existing brick veneer structure and erect a multi-family structure containing 32 residential units. This application is in conjunction with ALT479101.

     

    Case: BOA-652498 Address: 5 Jones Avenue, Ward: 14, Applicant: Stephenson King

    Article(s): 10(10-1)

    Purpose: Trying to get a curb cut so that I can park off street from getting tickets and being towed.

     

    Case: BOA-661957 Address: 491-493 Ashmont Street Ward: 16, Applicant: Patrick Roche

    Article(s): 65(65-9) 9(9-1)

    Purpose: Change occupancy from 2 family to 3 family. Convert existing 3rd floor into condo, work to include new gwb partitions, update kitchen and bathroom, new floors, paint, add dormers, new interior stairway, plumbing, HVAC and electrical.

     

    Case: BOA-646755, Address: 11-13 June Street, Ward:18, Applicant: 15 June Street Nominee Trust

    Article(s): 67(67-33) 67(67-9.1)

     Purpose: Erect two unit townhouse on vacant land along with separate two unit townhouse (ERT631062:15-17 June St) on same panel.

     

    Case: BOA-646747 Address: 15-17 June Street Ward: 18, Applicant: 15 June Street Nominee Trust

    Article(s): 67(67-33)

    Purpose: Erect two unit townhouse on vacant land along with separate two unit townhouse (ERT631062: 11-13 June St) on same parcel.

     

    Case: BOA-668807, Address: 2-20 Fairmount Avenue,  Ward: 18, Applicant: David Atkinson

    Article(s): 6(6-4)

    Purpose: Remove the proviso to this petitioner only for takeout (no drawings or work with this application)

     

    Case: BOA-656303 Address: 57 Sunnyside Street Ward: 18, Applicant: Patrick Sharkey

    Article(s): 69(69-29.4) 69(69-8) 69(69-9.3) 9(9-2) 10(10-1) 69(69-9)

    Purpose: Change occupancy from two-family to multi-family dwelling (4 units). Extend existing seven (7) off-street parking to eight (8) off-street parking. Interior renovation to include new partitions and one new kitchen, modify existing MEP/FA systems, and install new fire sprinkler.

     

    Case: BOA-666750 Address: 101 Washington Street Ward: 21, Applicant: 105 Washington LLC

    Article(s): 51(51-9)

     Purpose: Raze existing Mikvah structure and construct new 2-story Synagogue building with on-site parking and Ancillary off-site parking by separate but related application at 105 Washington St, Parcel ID2101843000.

     

    Case: BOA-#667872 Address: 101 Washington Street Ward: 21, Applicant: 105 Washington LLC

    Purpose: Raze existing Mikvah structure and construct new 2-story Synagogue building with on-site parking and ancillary off-site parking but separate related application at 105 Washington St, Parcel ID2101843000. 705.5 Fire-Resistance Ratings Exterior walls shall be fire-resistance rated in accordance with tables 601 and 602 and this section. The required fire-resistance rating of exterior walls with a fire separation distance of greater than 10 feet (3048 mm) shall be rated for exposure to fire separation distance of greater than 10 feet (3048 mm) shall be rated for exposure to fire from both sides. 705.8 Openings. Openings in exterior walls shall comply with sections 705.8.1 through 705.8.6.05.8.1 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-666760 Address: 103 Washington Street Ward: 21, Applicant: 105 Washington LLC

    Article(s): 51(51-9)

    Purpose: Erect new 2-story Mikvah building on vacant lot with accessory parking and ancillary off-site parking by separate but related application at 105 Washington Street, Parcel ID 2101843000.

     

    Case: BOA-#666767 Address: 103 Washington Street Ward: 21, Applicant: 105 Washington LLC

    Purpose:  Erect new 2-story Mikvah Building on vacant lot with accessory parking and ancillary off-site parking by separate but related application at 105 Washington St, Parcel ID 2101843000. 101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 527 CMR Chapter 18. Fire Department Access. 705.5  Fire-Resistance Ratings. Exterior walls shall be fire-resistance rated in accordance with Table 601 and 602 and this section. The required fire-resistance rating of exterior walls with a fire separation distance is greater than 10 feet (3048 mm) shall be rated for exposure to fire from the inside. The required fire-resistance rating of exterior walls with a fire separation distance of less than or equal to 10 feet (3048 mm) shall be rated for exposure to fire from both sides.

    705.8 Openings. Openings in exterior walls shall comply with sections 705.8.1 through 705.8.6.05.8.1 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-666763 Address: 105 Washington Street Ward: 21, Applicant: 105 Washington LLC

    Article(s): 51(51-8) 51(51-9)

    Purpose: Raze existing synagogue structure and construct new 7-story, 73-unit residential building with both underground garage and above grade on-site parking for this project and including ancillary parking for the new Synagogue and Mikvah properties by separate but related applications at 101 Washington Street (Parcel ID2101841000) and at 103 Washington Street (Parcel ID2101842000) respectively.

     

    Case: BOA-634850 Address: 27 Holton Street Ward: 22, Applicant: Diana B. Browne, Esq

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

    Purpose: Change occupancy of existing two family to four family – see plans filed.

     

    Case: BOA-662260 Address: 20R Spring Park Avenue, Ward 19, Applicant: Kyle Smith

    Article(s): 55(55-41) 55(55-9)

    Purpose: Confirm occupancy as a carriage house. Change occupancy to a one family dwelling. Reconstruct and

    renovate existing building with new dormers for extension of  living space.

     

    Case: BOA-662261 Address: 20R Spring Park Avenue, Ward 19, Applicant: Kyle Smith

    Purpose: Confirm occupancy as a Carriage house. Change occupancy to a one family dwelling. Reconstruct and

    renovate existing building with new dormers for extension of living space. Section 8th 780CMR R302.1 Exterior

    Walls, Opening in Walls<3 feet is not allowed

  7. RE-DISCUSSION: 11:30

    Case: BOA-613478, Address: 820 William T Morrissey BLVD, Ward: 16, Applicant: Outfront Media, LLC

    Article(s): 65(65-40) 11(11-7)

    Purpose: Replace both sides/faces of existing 48' wide by 14' high billboard, one side currently Static and the other side Tri-Vision, with new digital signage cabinets. Replace existing steel structure in kind. Change occupancy to include billboard See L/F 0876/2004.

     

    Case: BOA-579668, Address: 73R Wellington Hill Street, Ward: 14, Applicant: Prince Kallon

    Article(s):60(60-8) 60(60-9) 60(60-40) 60(60-41)

    Purpose: Change occupancy from two car garage to a single family dwelling. Legalize a one bedroom unit in an existing garage.  See also alt570211 for 73 Wellington Hill St.

     

    Case: BOA-578669, Address: 34-42 Warren Street, Ward: 2, Applicant: Nova Partners LLC

    Article(s): 62(62-41) 62(62-25) 62(62-29)

    Purpose: Change Occupancy from a Garage, Storage of Construction equipment, and Indoor Sale and Display of Used Motor Vehicles to a Garage, Retail Store, and Offices.  Construct a new 1-story addition onto the Roof of the existing Building.  Convert part of the first floor Garage space into Retail space. Upgrade Lifesafety systems throughout existing Garage and new Offices.  Renovations to Building to include :  installation of a new Wheelchair Accessible entrance, new Elevator,  Structural work to add a new Floor system, upgrades to existing MEPs, Fire Alarm & Sprinkler systems.

     

    Case: BOA-659442 Address: 100 Boardman Street Ward: 1, Applicant: Anthony Losurdo

    Article(s): 11(11-6) 25(25-5) 53(53-26: Height Excessive; Rear Yard Insufficient) 53(53-55)

     Purpose: erect new billboard

  8. RECONSIDERATION 12:00Noon

    Case: BOA630333, Address: 192 I Street,  Ward: 6, Applicant: Thomas & Melissa Fantasia

    Purpose: Construct three decks on rear of building as shown on the drawings.

  9. CALL OF THE CHAIR 12:00Noon

    Case: BOA-637549, Address: 42-43 Beacon Street,  Ward: 5, Applicant: John Gorman

    Purpose: The petitioner seeks a determination that the Inspectional Services Department erred in issuing a permit for ALT608883 the permit was issued as an allowed use.

     

    Case: BOA-640513, Address: 4 Salerno Place,  Ward: 7, Applicant: John Evans

    Purposed: The petitioner seeks a determination that the Inspectional Services Department erred in issuing a permit for ERT580525, ERT580538 & ERT580670. The permits were issued as an allowed use.

     

    Case: BOA-640509, Address: 8 Salerno Place,  Ward: 7, Applicant: John Evans

    Purposed: The petitioner seeks a determination that the Inspectional Services Department erred in issuing a permit for ERT580525, ERT580538 & ERT580670. The permits were issued as an allowed use.

     

    Case: BOA-640507, Address: 522 East Seventh Street,  Ward: 7, Applicant: John Evans

    Purposed: The petitioner seeks a determination that the Inspectional Services Department erred in issuing a permit for ERT580525, ERT580538 & ERT580670. The permits were issued as an allowed use.