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Zoning Board of Appeal hearing

The August 31, 2021, 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 August 31, 2021, beginning at 9:30 a.m. and related announcements.

All matters listed on this August 31, 2021, 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 August 31, 2021, 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 or by calling 1-617-315-0704 and entering access code 179 273 7354.

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 a.m. to 9:30 a.m. to answer questions about ZBA procedures and offer instructions on how to City of Boston Board of Appeal 2 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 zbapublicinput@boston.gov in lieu of offering testimony online or from the BPDA board room. 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. APPROVAL OF THE HEARING MINUTES: 9:30AM

    JUNE 29, 2021

  2. EXTENSIONS: 9:30AM

    Case: BOA-930621 Address: 1 Ludlow Street Ward 2 Applicant: Eric Zachrison, MBA, AIA

    Case: BOA-948242 Address: 666 Metropolitan Avenue Ward 18 Applicant: John Pulgini

  3. BOARD FINAL ARBITERS: 9:30AM

    Case: BOA- 1156470 Address: 1121 Dorchester Avenue Ward 15 Applicant: George Morancy, Esq

    Case: BOA- 1156475 Address: 31 Savin Hill Avenue Ward 15 Applicant: George Morancy, Esq

  4. HEARINGS: 9:30AM

    Case: BOA- 1173654 Address: 9 Russell Street Ward 2 Applicant: 9 Russell Street, LLC Articles: Article 62, Section 25 Roof Structure Restrictions Article 62, Section 8 Bldg Height Excessive (Stories) Article 62, Section 8 Bldg Height Excessive (Feet) Article 62, Section 8 Side Yard Insufficient Article 62, Section 8 Rear Yard Insufficient Article 62, Section 29 Off Street Prkg and Loading Req-Off Street Parking Insufficient Purpose : Confirm occupancy as existing single. To consolidate Parcel ID 0200675000, Parcel ID 0200682000, and Parcel ID 0200681000 to form one new lot containing 3,523 SF. Also, to change the occupancy from a one family to a three family, renovate, and erect front, side and vertical additions

    Case: BOA- 1210389 Address: 16 South Russell Street Ward 3 Applicant: Kevin Joyce Articles: Art. 17 Sec 01 Usable open space Insufficient Purpose: Legalize ground level dwelling unit to correct occupancy from a store and 4 dwelling units to 5 dwelling units. No work to be done.

    Case: BOA-1210630 Address: 20 Dwight Street Ward 3 Applicant: Christine McMahon Articles: Art 64.9.4 Town/Rowhouse extension into rear Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability Purpose : Ground floor rear elevation addition, per plans. Interior renovations on SF1129146.

    Case: BOA-1100765 Address: 191 Commonwealth Avenue Ward 5 Applicant: Vernon Woodworth Articles: Art. 13 Sec. 13 1 Dimensional Regulations Art. 23 Sec. 01 Off street parking requirements Article 13, Section 1 Floor Area Ratio Excessive Article 13, Section 1 Usable Open Space Insufficient Purpose : Change of use from sixteen (16) to twenty (20) apartments. Upgrade electrical, alarm and sprinkler systems.

    Case: BOA-1084622 Address: 520 East Broadway Ward 6 Applicant: Max & Donna Rans Articles: Article 68, Section 29Roof Structure Restrictions-Addition (4 story residential over 1 story garage) Article 68, Section 8 Height Exceeded (35' Max.) Art 68 Sec 8Dim reg app in res sub dist -Insufficient side yard set back Art.68 Sec 29 Roof Structure Restrictions - Roof Deck access via head house Purpose: This project will convert an existing 1 family dwelling to a multi family residential dwelling with FOUR units by renovating the interior of the structure and constructing a four (4) story addition in the rear over a lower level garage. See UOP#491072032 for off street parking/easement access.

    Case: BOA- 1084625 Address: 520 East Broadway Ward 6 Applicant: Max & Donna Rans Articles: Article 68, Section 33 Off-Street Parking & Loading Req - Access via Easement(Maneuvering areas on own lot) Purpose : Construct a single surface parking space accessed via 518 East Broadway secured by an Easement recorded in the Suffolk County Registry of Deeds Book 43841, Page 148 *Application filed in conjunction with ALT1058818 for appeal (Clarification easement deed provided 5.13.20 Book 46358, Page 77).

    Case: BOA- 1187924 Address: 760 East Fourth Street Ward 6 Applicant: Theodore I. Goldberg Articles: Art. 68 Sec.08Dimensional Req- Insufficient open space per unit free from motor vehicle parking/maneuvering areas Purpose: Back yard asphalt pavement for 5 parking space.

    Case: BOA-1190137 Address: 388 Athens Street Ward 6 Applicant: Timothy Johnson Articles: Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Front Yard Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Lot Area Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Bldg Height Excessive (Feet) Article 68, Section 33Off Street Parking & Loading Req -Off Street Parking Insufficient Article 68, Section 33Off Street Parking & Loading Req -Design. Inappropriate maneuvering area Purpose : Erect a 4-Story, 3-Unit Building w/4 car garage, side and roof decks on the vacant land.

    Case: BOA- 1205564 Address: 20 Gillette Park Ward 6 Applicant: The Gillette Company, LLC Articles: Art. 09 Sec. 01 Extension of Non Conforming Use Purpose : To use Parking Lots 8 & 9 as a parking lot (Use Item 58) or as ancillary parking (Use Item 71) supporting office uses across A Street. Both are conditional uses because the lots are located within the Restricted Parking District. Seeking Further Relief Required notice from ISD.

    Case: BOA-1152274 Address: 69-71 A Street Ward 6 Applicant: CIEE, Inc Articles: Art. 07 Sec. 4 Other Protectional Conditions -Previous BOA proviso Art. 09 Sec. 02Nonconforming Use Change - Existing Non conforming General office Use Article 68, Section 7Use Regulations - Research lab Forbidden Article 68, Section 7 Use Regulations -Product Development or Prototype Manufacturing Forbidden Purpose : Change Use of levels Basement, 1 5 to Research and Development uses for Research Laboratory and Product Development or Prototype Manufacturing , as allowed under 'Business Group B". All infrastructure to remain same as submitted under original ALT 517158 w/ code compliant MEP,HVAC and Life Safety Systems ; sprinkler, Fire Alarm, Egress. (Note: Shell only; Tenant fit out to be performed under a separate alteration permit). Work description modified perm Atty. 2.8.21

    Case: BOA- 1185335 Address: 168 H Street Ward 7 Applicant: 168 H Street, LLC Articles: Art. 68 Sec. 07 Use conditional Art. 09 Sec. 02 Nonconforming Use Change Purpose : Change of Occupancy from a Dance Studio and 2 residential units to a General Office and 2 residential units.

    Case: BOA- 1208969 Address: 6 Douglas Street Ward 7 Applicant: Michael Norton Articles: Article 29 Section 4 GPOD Applicability Article 68, Section 33Off Street Parking & Loading Req -Off Street Parking Insufficient Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Front Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Purpose : Demo the existing free standing garage and built 4-Family Residential apartment building with parking.

    Case: BOA-1072023 Address: 190-192 Dudley Street Ward 8 Applicant: Philip Hresko Article Art. 50, Section 11 Floor area ratio is excessive Art. 50, Section 11 Rear yard setback requirement is insufficient Art. 50 Sec. 43 Off street parking requirements -Off street parking requirement is insufficient Art. 50, Section 43 Off Street Loading Insufficient -Off street loading requirement is insufficient Art. 50, Section 29 Height requirement is excessive Purpose : Demolish existing 1-story retail building, combine two lots and erect a new 5 story residential building with 28 apartments on floors 2 through 5 and build new retail store on the 1 st floor. 

    Case: BOA-1213945 Address: 79 Kenwood Street Ward 17 Applicant: Karen Davis Articles: Art. 65 Sec. 41 Off street parking requirements-Location- driveway shared with neighbor's lot. Design: insufficient maneuvering areas. Article 65, Section 9 Usable Open Space Insufficient -Required: 1,500 sqft Purpose: We will cut curb and install a new driveway for 3 parking spaces in back.

    Case: BOA-1212903 Address: 114R Walworth Street Ward 20 Applicant: Derric Small Articles: Art. 67 Sec. 28 Design review required Article 67, Section 9 Front Yard Insufficient Article 67, Section 9 Side Yard Insufficient Article 67, Section 9 Rear Yard Insufficient Purpose :Erect a 2 story, three car garage, with recreation room on second level.

    Case: BOA-1160429 Address: 884-888 Morton Street Ward 17 Applicant: Anthony Perkins Articles :Article 60, Section 11 Use: Conditional -Retail Cannabis is a conditional use Purpose : Change Occupancy from Salon to Retail Cannabis

  5. HEARINGS:11:00AM

    Case: BOA-1053706 Address: 1-2 Thompson Square Ward 2 Applicant: Susan Hurst Articles: Art. 62 Sec. 14 Usable open space insufficient Art. 62 Sec. 29 Off street parking insufficient Art. 62 Sec. 29 Off street parking Design/Maneuverability Article 62, Section 8 Bldg Height Excessive (Feet) Article 62, Section 14 Floor area ratio excessive. Purpose : The project consists of a change of occupancy and a residential addition to an existing building. The proposed addition will be approximately 23,630 SF and will be comprised of 9 residential units. The first floor of the proposed building includes a 3 level 3 space 9 car garage with elevator.

    Case: BOA-1211917 Address: 69 Montgomery Street Ward 4 Applicant: Alpine Advisory Services, Agent for Owner Articles: Art 64.9.4 Town/Rowhouse extension into rear -Balconies additions Art. 32 Sec. 32 4 Groundwater Conservation Overlay District, Applicability Art. 64 Sec. 34 Restricted Roof Structure Regs Article 64, Section 9 Usable Open Space Insufficient Purpose : Change of Occupancy from 2F&5 lodger to a 3 family. Full gut renovation of the entire building. New kitchens, baths, electrical, plumbing, Hvac, etc. eplan > BOA (Notes: Demo GARAGE, construct roof decks, widen dormer, redesign fire escape egress paths.)

    Case: BOA#1212100 Address: 69 Montgomery Street Ward 4 Applicant: Alpine Advisory Services, Agent for Owner Purpose: Change of Occupancy from 2F&5 lodger to a 3 family. Full gut renovation of the entire building. New kitchens, baths, electrical, plumbing, Hvac, etc. eplan > BOA (Notes: Demo GARAGE, construct roof decks, widen dormer, redesign fire escape egress paths.) Violation Violation Description Violation Comments 9th 780 CMR 1011 Stairways 1011.11.12.2 Roof access through a penthouse 9th 780 CMR 1021 Egress Balconies Fire escape down to garage's roof eliminated. Instead, ladder proposed.

    Case: BOA-1131584 Address: 362-364 West Broadway Ward 6 Applicant: Douglas Stefanov Articles: Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.Article 68, Section 29 Roof Structure Restrictions Article 68, Section 8 Insufficient side yard setback Purpose : Install new roof deck on rear of fourth floor existing roof. Exclusive use for Unit 6. 

    Case: BOA-1194405 Address: 28 Wildwood Street Ward 14 Applicant: Peter Bryson Articles:Article 60, Section 8 Use forbidden Article 60 Section 9 Insufficient lot size Article 60 Section 9 Insufficient additional lot area Article 60 Section 9 Insufficient lot width Article 60 Section 9 Insufficient lot width frontage Article 60 Section 9 Excessive F.A.R. Article 60 Section 9 Insufficient open space Article 60, Section 9 Insufficient side yard setback, Article 60 Section 40 Off Street Parking & Loading Req-Parking space size minimal requirements and maneuvering areas Article 60, Section 41Application of Dimensional Req - Special provisions for corner lots front yard requirements Art. 10 Sec. 01 Limitation of parking areas -> 25% Purpose: Erect New 3 Story apartment building with 4 units, including Boston DND low income, with 4 off street parking space and extend Existing curb-cut. On vacant lot.

    Case: BOA-1202529 Address: 55 Bowdoin Avenue Ward 14 Applicant: Kathalene MacPherson Articles: Art. 65 Sec. 08Three family dwelling is a forbidden use in this zoning sub district Art. 65 Sec. 08 Dwelling unit located in basement is forbidden Article 65, Section 9 Side Yard Insufficient Purpose : This is the renovation of an existing 2 family into a 3 family residence. A 1 car garage along with a loft space above which will be part of the adjacent unit. The existing lower unit 1 duplex will be converted into 2 units.

    Case: BOA-1070490 Address: 31 Cambridge Street Ward 2 Applicant: Kevin Joyce Articles: Article 62, Section 13 Use Regulations - Cannabis Establishment Use:Conditional Article 62, Section 14 Floor Area Ratio Excessive Article 62, Section 13 Use Regulations - Cannabis Establishment shall be sited at least one half mile or 2,640 feet from another existing cannabis establishment Purpose : Change occupancy to include cannabis establishment. Then renovate existing first floor commercial space as per plans filed herewith. Renovated commercial space to be used and occupied by new tenant R2 Resilient Remedies LLC as a cannabis establishment after renovation.

  6. RE-DISCUSSIONS: 12:30PM

    Case: BOA-1161771 Address: 168 Gove Street Ward 1Applicant: 168 Gove Street, LLC Articles: Article 27T-5 E. Boston IPOD Applicability Article 53 Section 8 Use Regulations Use Table footnote (7) – Basement units Forbidden Article 53 Section 9 Excessive F.A.R. – 1.0 max Article 53 Section 9 # of allowed stories exceeded – 3 Story Max Article 53 Section 9 Max. allowed height exceeded – 35’ max. allowed Article 53 Section 9. Insufficient open space per unit – 200sf/unit required Article 53 Section 9 Insufficient rear yard – 30’ required Article 53 Section 9 Insufficient side yard – 5’ required Article 53 Section 9 Insufficient additional lot area per unit – 1000s/unit req. Article 53, Section 52 Roof Structure Restrictions Article 53, Section 56 Off-Street Parking & Loading Req Insufficient parking spaces – 1.75/unit required Article 53, Section 56.5(a) Off Street Pkg Maneuverability. Article 9, Section 1 Extension of Nonconforming Building Dimensional -<25% Conditional Purpose: Change of occupancy from four (4) unit residential dwelling to eight (8) unit residential dwelling. Construct new fifth story addition with roof deck. Full renovation as per plans.

    Case: BOA- 1181104 Address: 29 Saint Andrew Road Ward 1 Applicant: JJ Construction Article: Article 27TEast Boston IPOD You need relief from the BOA ( Board of Appeals ) for the said violations. Purpose: Built new back porch, make wider stairs from first floor to second floor, finish the basement according drawings, upgrade the electrical, HAVC and plumbing.

    Case: BOA-1121328 Address: 142 P Street Ward 6 Applicant: Ryan Hunt Articles: Article 29 Section 4 GPOD Applicability Greenbelt Protection Overlay District Applicability Article 68, Section 8 Front Yard Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Location of Main Entrance shall face the Front Lot Line Article 68, Section 29 Roof Structure Restrictions Building Height Excessive ( Proposed new Building exceeds the Building Height of the previous Building ) Article 68, Section 34 Application of Dimensional Req Traffic Visibility Across a Corner Lot Purpose: Erect a 3 story, five (5) Unit Residential Building. There will be a ten (10) vehicle parking garage built underneath building. 

    Case: BOA-1161109 Address: 46 N Street Ward: 6 Applicant: George Morancy Articles: Art 68 Sec 29 Roof Structure Restrictions Art 68 Sec 8 Insufficient side yard setback Art 68 Sec 8 Excessive F.A.R. Purpose: Erect third story addition to existing structure, with front and rear decks on roof of second story.

    Case: BOA-1161110 Address: 48 N Street Ward: 6 Applicant: George Morancy Articles: Art 68 Sec 29 Roof Structure Restrictions Addition Art 68 Sec 8 Excessive F.A.R. Art 68 Sec 8 Insufficient side yard setback Purpose: Erect third story addition to existing structure, with front and rear decks on roof of second story.

    Case: BOA-1130507 Address: 120 Hancock Street Ward 13 Applicant: Vernon Woodworth Articles: Article 65, Section 8Use Regulations Use: Accessory Parking: Forbidden Article 65, Section 8 Use Regulations Use: Multifamily Dwelling: Forbidden Article 65, Section 9Lot Area for Additional Dwelling Units Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Building Height Excessive Article 65, Section 9 Building Height (# of Stories) Excessive Article 65, Section 9 Front Yard Insufficient Article 65, Section 9Side Yard Insufficient Article 65, Section 41 Off Street Parking & Loading Req Off Street Parking Insufficient Article 65, Section 41 Off Street Parking & Loading Req Off Street Parking Design / Maneuverability Article 65, Section 41 Off Street Parking & Loading Req Off Street Loading Insufficient Purpose: Erect 15 dwelling units. Nominal fee requested pending ZBA approval. Correct address is 120- 122 Hancock Street in Dorchester (address not available at ISD portal).

    Case: BOA-1194538 Address: 74 Burt Street Ward 17 Applicant:74 Burt Street, LLC Articles: Article 65, Section 8Use Regulations MFR is a forbidden use in a 1F 7000 sub district Article 65, Section 9 Lot Area Insufficient Article 65, Section 9Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose: Demolition of existing single-family structure and erection of new five-unit structure with seven parking spaces. Three story building with first floor garage at street grade. Two living levels above first floor garage. This application is for rejection letter to begin ZBA process

    Case: BOA-1144121 Address: 405 Washington Street Ward 17 Applicant: Vernon Woodworth Articles: Art. 65 Sec. 9 Excessive F.A.R. .5 max Art. 65 Sec. 9 # of allowed stories has been exceeded 2.5 stories max Art. 65 Sec. 9 Maximum allowed height has been exceeded 35' max Art. 65 Sec. 65 41.5 Parking Size & Maneuverability Access/Maneuvering areas Art. 65 Sec. 45 Off street parking requirements Insufficient parking Article 65, Section 8 Use Regulations 13 Unit MFR dwelling Forbidden Use Article 65, Section 39 Screening & Buffering Req MFR in a 2f subdistrict Article 65 Section 42.3 Traffic Visibility Across Corner Article 65, Section 9 Insufficient rear yard setback 30' req. Article 65, Section 9 Insufficient front yard setback 15' min. req.(corner lot rule) Purpose: New 13-unit multi family. Nominal fee requested pending ZBA approval

    Case: BOA-1160393 Address: 80 North Beacon Street Ward 21 Applicant: John Walsh Articles: Article 51, Section 56 Off-Street Parking Insufficient Article 51, Section 8 Use: Forbidden MFR is forbidden in a 1F-3000 Subdistrict Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Bldg Height Excessive (Feet) Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient Purpose: Erect new 8-unit building

     

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