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Zoning Board of Appeal Hearing

The August 9, 2022, 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 august 9, 2022, beginning at 9:30 a.m. and related announcements.

All matters listed on this august 9, 2022 hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The August 9, 2022, 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: 996 0844 0932 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 - 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 appear in person at City Hall. 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

    JULY 12, 2022 

  2. EXTENSION: 9:30AM

    Case: BOA-773901 Address: 1465 VFW Parkway Ward 20 Applicant: Stephen V Miller, Esq

  3. BOARD FINAL ARBITER: 9:30AM

    Case: BOA-918229 Address: 2 Snelling Place Ward 3 Applicant: Matthew Eckel, Esq
    Case: BOA-1260823 Address: 76 Wyman Street Ward 10 Applicant: Sarah Ewing
    Case: BOA-1118842 Address: 28 Hill Top Street Ward 16 Applicant: Deborah Nee
    Case: BOA- 1295945 Address: 14-40 Beach Street Ward 3 Applicant: Kathy Phan

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

    Case: BOA-1350481 Address: 220 Huntington Avenue Ward 4 Applicant: Dennis Durand
    Article(s): Art. 32 Sec. 32 4 - Groundwater Conservation Overlay District, Applicability
    Purpose: The project to be constructed is a 10 story, 325 unit multi use residential and retail building with 152 below grade parking spaces. Demolition of existing structure under SF: # Demolition of structure on 1 Cumberland St.: SF#

    Case: BOA-1349716 Address: 58 Burbank Street Ward 4 Applicant: Charles Haydon
    Article(s): Art. 32 Sec. 04 GCOD Applicability
    Purpose: Construct a new 6 story single family rowhouse and headhouse. Scope includes roof decks, rear decks & exterior stairs, elevator, FA/FP, and one rear accessory parking spot at grade. Separate SF permit req'd for demolition of existing structure.

    Case: BOA-1351436 Address: 286 Commonwealth Avenue Ward 5 Applicant: Jason Allukian
    Article(s): Art. 32 Sec. 04 GCOD Applicability
    Purpose: Replace rear yard with 1 story addition and roof deck. (Unit #2)

  5. HEARINGS: 9:30AM

    Case: BOA- 1270711 Address: 284 Maverick Street Ward 1 Applicant: Odessit Capital
    Article(s): Art. 32 Sec. 32-4 Groundwater Conservation Overlay District, Applicability Art. 53 Sec. 56 Off- Street - Parking Insufficient parking Art.53 Sec. 08 Use: Forbidden Article 53 Section 9 Insufficient lot size Article 53 Section 9 Insufficient additional lot area per unit Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 # of allowed stories exceeded Article 53 Section 9 usable open space per unit Article 53 Section 9 Insufficient side yard setbacks Article 53 Section 9 Insufficient rear yard setback
    Purpose: Seeking to erect a new four unit residential building.

    Case: BOA- 1303397 Address: 124 Leyden Street Ward 1 Applicant: Sandra Bonito
    Article(s): Art. 53 Sec. 08 Forbidden Four family dwelling Use-Forbidden Art. 53 Sec. 09 Insufficient lot size
    Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Number of allowed stories has been exceeded Art. 53 Sec. 09 Insufficient rear yard setback Art. 53 Sec. 09 Insufficient front yard setback Art. 53 Sec. 09 Insufficient side yard setback Art. 53 Sec. 56 Off-Street Parking Insufficient parking Article 27T - 5 East Boston IPOD Applicability
    Purpose: See ALT 1262476 for subdivision permit application. Work proposed to include erection of new four family dwelling at 126 Leyden Street.Clarification; Subdivide 6004sf lot into two lots A (?) and B(?). Lot A 3634sf shall have a new structure to be known as 124 Leyden street and the existing structure known as 126 Leyden street (three family) on created Lot B 2370sf shall remain.

    Case: BOA-1303651 Address: 126 Leyden Street Ward 1 Applicant: Sandra Bonito
    Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.-reduction of lot size via subdivision of a nonconforming USE >25% Forbidden Art. 53 Sec. 56 Off Street Parking - Insufficient parking Existing removed
    Art. 53 Sec. 09 Insufficient lot size Art. 53 Sec. 09 Applicable in Residential Sub Districts (open space insufficient; Insufficient lot width Art. 53 Sec. 09 Insufficient lot width frontage Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Insufficient side yard
    Purpose: Proposed to subdivide 126 Leyden Street existing lot into Lots A and B as shown on attached subdivision plan. (Companion application to the ERT filed for 124 Leyden street) *Structure to remain on lot =3 Family doc#446/1892

    Case: BOA- 1327753 Address: 82 Webster Street Ward 1 Applicant: 82 Webster Street Condominium Trust
    Article(s):Article 27T – 5 East Boston IPOD Applicability - East Boston Interim Planning Overlay District Applicability
    Article 53 Section 9 Side Yard Insufficient Article 53, Section 52 Roof Structure Restrictions
    Purpose: Erect a Roof Deck exclusive to Unit 3.

    Case: BOA-1295426 Address: 270 West Second Street Ward 6 Applicant: 270 West Second Street LLC
    Article(s): Art 68 Sec 8 Insufficient lot area/unit Art 68 Sec 8 Excessive f.a.r. Art 68 Sec 8 Max allowed height exceeded within the district Art 68 Sec 8 Insufficient usable open space per unit Art 68 Sec 8 Insufficient side yard setback Article 68, Section 29 Exceeded height limitations allowed on the lot
    Purpose: Erect a 5 story 58 in height), 84,000gsfbuilding with 81 residential units with elevator access and 60 at grade garage parking spaces on 27664sf lot.* Existing structure to be razed on a separately reviewed and issued demolition permit **Reduced scope; ART80LPR FD7.7.2022

    Case: BOA- 1334613 Address: 1744-1750 Centre Street Ward 20 Applicant: Ian Heanue
    Article(s): Article 56 section 15 Use Regulations - Use: Drive in Bank: Conditional
    Purpose: Change of Occupancy to include a Drive up ATM onsite at the JPMorgan Chase Bank.

    Case: BOA-1337306 Address: 360 Corey Street Ward 20 Applicant: Jason Cunningham
    Article(s): Article 56, Section 8 FAR Excessive
    Purpose: Interior work only. Changing part of attic space from mechanical/storage to a bathroom and bedroom space.

    Case: BOA-1307565 Address: 839-843 Beacon Street Ward 21 Applicant: Miner Realty, Inc., by John Gorman
    Article(s): Article 61 Section 10 Use Regulations - Animal hospital/clinic is a forbidden use.
    Purpose: Change occupancy from 45 Residential Units, Commercial / Retail Spaces, Parking Garage to 45 Residential Units, Commercial / Retail Spaces, Parking Garage and General Practice Veterinary Clinic" on the ground floor. Construct 2400 sf tenant fit out consisting of 4 exam rooms, an X ray suite, a surgery suite and treatment area per plans.

    Case: BOA- 1350004 Address: 430-454 Blue Hill Avenue Ward 14 Applicant: Pure Oasis LLC
    Article(s): Art. 09 Sec. 02 Nonconforming Use Change - Change in nonconforming Article 50 Section 19 Uses Regulations - Cannabis accessory warehousing use Conditional Article 50 Section 19 Uses Regulations - Delivery Forbidden Article 50 Section 19 Uses Regulations - 15.Cannabis Establishment, provided that any cannabis establishment shall be sited at least one half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing
    establishment or school. Use approval shall be applicable to the applicant only.
    Purpose: Add warehousing and delivery to existing cannabis establishment.

  6. HEARINGS:10:30AM

    Case: BOA-1215328 Address: 5 Breed Street Ward 1 Applicant: Melissa Novaco
    Article(s): Article 27T - 5 East Boston IPOD Applicability Article 69 Section 15 Building Height Excessive Article 69 Section 15 Floor Area Ratio Excessive Article 69 Section 29 Off-Street Parking & Loading Req Off-Street Parking Insufficient
    Purpose: Seeking to erect a new Mulit-Family Dwelling (four units).

    Case: BOA-1272787 Address: 331-335 Border Street Ward 1 Applicant: Beth McDougal
    Article(s):Article 27T 5 East Boston IPOD Applicability Article 53, Section 9 Front Yard Insufficient
    Article 53, Section 9 Rear Yard Insufficient
    Purpose: For the property located at 331 to 335 Border ST, East Boston MA 02128: Construct a permanent roof structure to cover the proposed outdoor seating for three seasons. The space will not be used during the cold winter months. It will not be insulated and/or conditioned space.

    Case: BOA-1343369 Address: 159-165 Everett Street Ward 1 Applicant: 165 Everett, LLC
    Article*s):Art. 53 Sec. 56 Off Street Parking - Reduction in insufficient parking from 8 spaces to 7 spaces Conditional
    Purpose: Amend ERT1065174 to change the foundation plan to include a frost wall and remove parking to have a total of 7 parking spaces as per plans and memo from engineer. *ERT erect a 7 unit residential dwelling with roof decks and parking for 8 vehicles.

    Case: BOA- 1315710 Address: 55-63 Summer Street Ward 3 Applicant: 55 Summer Street LLC
    Article(s): Article 7, Section 4 Other Cond Necc as Protection - Change in a Previous Decision of the Zoning Board of Appeal (BZC 3177)
    Purpose: Update surface parking at 55 Summer Street to appropriate correct current conditions; use request update to include up to 4 parking spaces and 1 handicap parking spot, per plan.

    Case: BOA-1271979 Address: 95 Baxter Street Ward 6 Applicant: Mark Porter
    Article(s): Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Usable Open Space Insufficient Article 68. Section 8.4 Dim Regs: Extension in Rear Yard Article 68, Section 29 Roof Structure Restrictions
    Purpose: Full renovation to existing three family dwelling. Construct 16' addition on rear of building to accommodate two bedrooms on each floor. Extend living space to the basement.

    Case: BOA-1298001 Address: 3 Oswald Street Ward 10 Applicant: Janice Ye
    Article(s):Article 59, Section 8 Side Yard Insufficient Article 59, Section 8 Bldg Height Excessive (Stories)
    Article 59, Section 8 Floor Area Ratio Excessive Art. 10 Sec. 01 Limitation of parking areas - Proposed parking is within 5 feet of the side yard. Also tandem parking will cause a maneuverability violation.
    Purpose: The project is an existing 3 family dwelling. We will add three bathrooms and additional attic living space (including small dormer) as well as a new layout of rooms to improve overall quality of the unit.

    Case: BOA-1311085 Address: 19 Spalding Street Ward 11 Applicant: Sarah DeSimas & Hudson Klebs
    Article(s): Art. 55 Sec. 09 Exceeding FAR Art. 55 Sec. 09 Exceeding building height Art. 55 Sec. 09 Exceeding Rear Yard minimum depth Art.55 Sec 9 Side yard minimum not met
    Purpose: Gut/Remodel of existing kitchen, bedroom and dining on 3rd floor of house. Convert existing unconditioned attic space into conditioned living space with 1 bedroom and 1 bathroom. Extension of living space of unit #3 into the attic and the basement to be used as storage for the three units and as existing mechanical space.

    Case: BOA-1322125 Address: 36 Gaston Street Ward 12 Applicant: Foley Hoag, LLP
    Article(s): Art. 06 Sec. 04 Other Protectional Conditions - Remove provisos: 1 Relief to expire in 1 year. 2 Relief to this petitioner only.
    Purpose: BOA removal of BOA provisos "relief to expire in one year" and "to this petitioner only." for conditional transitional housing use in a 3F 4000. No work to be done.

    Case: BOA-1263429 Address: 329 Gallivan BLVD Ward 16 Applicant: Francis X. Clegg
    Article(s): Art. 65 Sec. 02 Conformity with Existing Building Street modal not provided to verify compliance. Alignment Art.65 Sec. 8 Use: Forbidden Multifamily use Article 65, Section 9 Floor Area Ratio Excessive Max. allowed: 0.5 Proposed: 1.54 Article 65, Section 9 Bldg Height Excessive (Stories) Max. allowed: 2.5 Proposed: 3 Article 65, Section 9 Front Yard Insufficient Min. required: 15' Proposed: 4.8' Hutchinson St.
    Article 65, Section 9 Rear Yard Insufficient Min. required: 30' Proposed: 5.1'
    Purpose:To raze the existing 6 unit structure (Demo Short Form #: ) and construct a new (9 unit--> reduced to 8 units 06/29/22) residential building with (9 off-street parking spaces --> increased to 11 spaces 06/29/22).

    Case: BOA-1280392 Address: 333 Freeport Street Ward 16 Applicant: Duc Nguyen
    Article(s): Article 65, Section 15 Use: Forbidden
    Purpose: The owner seeks to change occupancy to have this two family converted to mix use with first floor a commercial space for body piercing, jewelry and art gallery for local artists. The second floor will be for residential use.

    Case: BOA- 1321243 Address: 18 Malcolm Road Ward 19 Applicant: Timothy & Simona Leveroni
    Article(s): Article 55, Section 12 Floor Area Ratio Excessive Article 55, Section 12 Side Yard Insufficient
    Purpose: Renovation and addition to an existing single family detached dwelling. Scope includes finishing part of basement to have a full bath, rec room and man cave. A second floor master bathroom addition is proposed above the existing rear sunroom. No change to building footprint.

    Case: BOA- 1352125 Address: 1852-1858 Centre Street Ward 20 Applicant: Lucio Trabucco
    Article(s):Article 56 Section 16 Rear yard 39.4min.
    Purpose: 1858 Centre St The Learning Tree. Erect a rear wood framed deck connected to existing daycare.

    Case: BOA-1289500 Address: 40 Soldiers Field Place Ward 22 Applicant: 40 Soldiers LLC
    Article(s): Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability MFR is a conditional use in a CC 1 Sub district Article 51, Section 16 Use Regulations - MFR is a conditional use in a CC 1 Sub district Article 51, Section 17 Floor area ratio is excessive Article 51 Section 17 2 Front yard setbacks are insufficient (note through lot, so no rear yard) Article 51, Section 17 Building height in feet is excessive
    Purpose: Erect 95440 sf, 6 story, 61 residential unit building with common roof deck, 2 Vespa spaces & 61 bike spaces on ground floor & 49 parking spaces on the ground floor and in the basement. Existing building to be razed under separate permit.
     

  7. RE-DISCUSSIONS:11:30 AM

    Case: BOA-1311763 Address: 59 Falcon Street Ward 1 Applicant: 59 Falco Street, LLC
    Article(s) Art. 53, Section 56 Off-Street Parking Insufficient - 0 Provided Art. 53, Section 8 Use: Forbidden - MFR in 2F zone Article 27T - 5 East Boston IPOD Applicability Article 53, Section 52 Roof Structure Restrictions Article 53, Section 57.2 Conformity Ex Bldg Alignment Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient
    Purpose: Erect a 4 unit residential dwelling with roof decks, as per plans.

    Case: BOA-1320322 Address: 362 Meridian Street Ward 1 Applicant: Amoropus Construction, LLC
    Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg - <25%- Conditional Art. 53 Sec. 08 Use: Conditional-T hree family to a four family-Conditional Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Dimensional Regulations - Number of allowed habitable stories exceeded Art. 53 Sec. 09 Insufficient side yard setback Art. 53 Sec. 09 Insufficient rear yard set back Art. 53 Sec. 52 Roof Structure Restrictions - Access
    Art. 53 Sec. 56 Off-Street Parking - Insufficient parking Art.53 Sec. 08 Use: Forbidden - Footnote #7 Basement units are forbidden Article 27T – 5 East Boston IPOD Applicability
    Purpose: Change occupancy from a three family to a 4-unit residential dwelling and erect a roof deck and new rear stairs as per plans.

    Case: BOA-1279027 Address: 194-198 Bunker Hill Street Ward 2 Applicant: VLCO Townies, LLC
    Article(s): Art. 62 Sec. 14 Usable open space insufficient Art. 62 Sec. 29 Off street parking insufficient Article 62, Section 14 Floor area ratio is excessive.
    Purpose: Change occupancy to a 3 dwelling units and interior renovations for new 3 dwelling unit: Two bedrooms, bathroom, kitchen and dining room.

    Case: BOA-1279022 Address: 198 Bunker Hill Street Ward 2 Applicant: VLCO Townies, LLC
    Article(s): Article 62, Section 8 Lot Area Insufficient Article 62, Section 8 Add'l Lot Area Insufficient Article 62, Section 8 Floor Area Ratio Excessive Article 62, Section 8 Bldg Height Excessive (Stories) Article 62, Section 8 Bldg Height Excessive (Feet) Article 62, Section 8 Usable Open Space Insufficient Article 62, Section 8 Side Yard Insufficient Article 62, Section 8 Rear Yard Insufficient Article 62. Section 29 Off Street Parking & Loading Req
    Purpose: Demolition of existing commercial building for new 4 dwelling unit residential building.

    Case: BOA-1298133 Address: 1395-1405 Washington Street Ward 3 Applicant: The Walsh El, LLC
    Article(s): Art. 32 Sec. 04 GCOD Applicability Article 64, Section 18 Use: Conditional - Restaurant #1 Article 64, Section 18 Use: Conditional - Restaurant #2 Article 64, Section 18 Use: Conditional - Restaurant #3 Article 64, Section 19 Bldg. Height exceeding 70 ft. Article 64, Section 19 FAR exceeding 3.0 max. Article 64, Section 19 Dimensional Regulations - 64 19.2 Usable open space per 64 9 Article 64, Section 19 Dimensional Regulations - 64 19.2 Rear yard per 64 9 Article 64, Section 34 Roof Structure Restrictions Article 64, Section 36 Off Street Parking & Loading Req
    Purpose: Construction a new seven story, 35 multi family residential building, with core/shell ground floor local retail (1) and restaurants (3), per plans. Combine parcels 0306975000, 0306976000, 0306977000; see ALT1227446, ALT1222965, and ALT1222967. Demo existing one story building on a separate demo permit.

    Case: BOA- 1258638 Address: 20 Hinckley Street Ward 13 Applicant: Mike Tokatlyan
    Articles: Art. 55 Sec. 65-41 Off-Street parking insufficient - Newly created variance via updated BOA plans Reviewed 5.6.22 Art. 65 Sec. 9 Insufficient rear yard setback-via updated BOA plans Reviewed 5.6.22 Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Insufficient lot width frontage Art. 65 Sec. 9 Insufficient lot width Art. 65 Sec. 9 Insufficient Front yard setback Art. 65 Sec. 9 Insufficient side yard setback Art. 65 Sec. 9 Excessive F.A.R
    Purpose: Seeking to erect a single family home on a vacant lot. *4.4.22 BOA revised plans; Proposed parking removed from scope.

    Case: BOA-1258783 Address: 99 Erie Street Ward 14 Applicant: Michael Dello Russo
    Article(s):Article 60, Section 41.1 Conformity Ex Bldg Alignment - (Non parallel) 7.8'avg & 6.1' closest point provided
    Article 60, Section 40 Off Street Parking & Loading Req - 1. 0 < 7 req'd 2. Rear driveway less than 10ft wide.Article 60, Section 8 Use: Forbidden - MFR in 3F zone Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Add'l Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Side Yard Insufficient Article 60, Section 9 Rear Yard Insufficient
    Purpose: Combining parcels 1402477001 & 1402451000 to erect a new 7 unit apartment building. New construction, with roof decks and new rear driveway

    Case: BOA- 1236084 Address: 45 Milton Avenue Ward 17 Applicant: Michael Castillo, as Principal, ONYX Management & Development
    Article(s):Art. 10 Sec. 01 Limitation of parking areas Parking less than 5ft from side lot line.Art.65 Sec. 8 Use: Forbidden MFR Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories)
    Article 65, Section 42.2 Conformity w Ex Bldg Alignment 10ft provided
    Purpose: Erect a 10,827 12,850 square foot (Gross), three story residential building with eleven nine units and parking for fourteen nine vehicles spread through rear & side yards and garage. This combined parcel has 10,800 square feet, see ALT1202780, ALT1202781, ALT1202782. Existing dwelling and two sheds to be razed on a separate permit. 07/08/22 Scope updated.

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