Zoning Board of Appeal Hearing

Case: BOA- 1474749 Address: 10 Melville Avenue Ward 17 Applicant: Blair Toland

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

Case: BOA- 1807677 Address: 7R-7 Monument Street Ward: 2 Applicant: James Christopher

Articles Article 62, Section 25 Roof Structure Restrictions Article 62, Section 7 Use Regulations Min Usable Open Space per Dwelling Unit, and Min Rear Yard Depth insufficient. (TABLE C)

Purpose: The homeowner seeks to construct a new third story and rear addition as per the attached plans. No change to occupancy.

Case: BOA- 1806384 Address: 215-221 Hanover Street Ward: 3 Applicant: Daniel Martignetti

Articles Art. 54 Section 12 Use: Conditional Restaurant [Basement & 1st Floor] = Conditional Use

Purpose: New Restaurant Bar Marignetti in the location of former Dolce Vita restaurant. Bathroom will be relocated on the first floor, an ADA bathroom will be added, and the existing bar layout will be extended. [ePlans



Case: BOA-1813278 Address: 5 Colebrook Street Ward: 7 Applicant: Alex Govoni

Articles Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient

Purpose: Back deck replacement. Includes demo of existing (7ft x 14ft), install new footings, framing decks back on 1st, 2nd, 3rd, & roof deck (New Deck: 9ft x 14ft)

Case: BOA-1701102 Address: 3141 Washington Street Ward: 11 Applicant: Paul Martinez

Articles Art. 06 Sec. 04 Other Protectional Conditions Remove the proviso granted to this petitioner only.

Purpose: Remove proviso order *Granted to this Petitioner Only*, increase occupancy from 19 to 49 occupants. (2 TV's and 4 ceiling speakers). Work being done on SF1684254

Case: BOA- 1825198 Address: 61 Rockne Avenue Ward: 16 Applicant: James Christopher

Articles Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Usable Open Space Insufficient

Purpose: The homeowner seeks to erect a rear addition, to increase living space. No Change to occupancy.

Case: BOA- 1723161 Address: 37 Mather Street Ward: 17 Applicant: Eileen Rosa

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

Purpose: Change of occupancy from 2 Fam to 1 Fam. Renovation and extension of living space in attic floor with two dormer and all seasons room per plans.

Case: BOA- 1800971 Address: 1 Parrott Street Ward: 18 Applicant: Eileen Rosa

Articles Article 69, Section 9 Front Yard Insufficient Requesting relief for insufficient yard setbacks from the proposed porch and deck Article 69, Section 9 Rear Yard Insufficient Requesting relief for insufficient yard setbacks from the proposed porch and deck

Purpose: New front porch and rear deck relocation with 4 seasons and porch above per plans

Case: BOA- 1798927 Address: 109 Vogel Street Ward: 20 Applicant: Tonya Mitchell

Articles Article 56, Section 8 Dimensional Regulations Table D: FAR excessive, front yard min depth insufficient Purpose: Remove existing roof and build second story addition per plans

Case: BOA- 1826464 Address: 384 West Roxbury Parkway Ward: 20 Applicant: Jay Moran

Articles Art. 56 Sec. 08 Floor Area Ratio excessive

Purpose: We are seeking approval to extend the rear of the house to add a bedroom, two bathrooms, and additional living space for our growing family. *Application re assigned to FD 12.23.25

Case: BOA- 1710494 Address: 168 Dana Avenue Ward: 18 Applicant: Eileen Rosa

Articles Article 69 Section 8 Use: Forbidden Two family is forbidden.

Purpose: Change occupancy from one family to two family.

Case: BOA- 1811706 Address: 360 Princeton Street Ward 1 Applicant: Laura Costa

Article 53, Section 9 Rear Yard InsufficientRequesting relief for an insufficient rear yard setback from a proposed deck, the 1/3 lot depth requirement extends from the building to the rear lot line.

Purpose: Build 3 new decks according to plans, one for each floor.

Case: BOA- 1730471 Address: 109A-109 Salem Street Ward 3 Applicant: Joe Bono Al Dente

Article. 54 Section 12 Use: ConditionalOutdoor seating is a conditional use.

Purpose: Outdoor Seating. no work to be done.

Case: BOA- 1730467 Address: 111A-111 Salem Street Ward 3 Applicant: Joe Bono AI Dente

Article. 54 Section 12 Use: Conditional Outdoor seating is a conditional use.

Purpose: Outdoor seating. No work to be done



Case: BOA- 1806142 Address: 7 Smith Court Ward 3 Applicant: Timothy Burke

Article. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.Art. 13 Sec. 13 1Dimensional Regulations Excessive FAR

Purpose: Remove existing roof deck, install new single ply membrane roof system, re install wood framed roof deck as shown on the drawings. Construct new headhouse for existing stair to roof.

Case: BOA- 1799878 Address: 61 Farragut Road Ward 6 Applicant: Mike Shaw

Article 68, Section 29 Roof Structure Restrictions Article 68, Section 8 Bldg Height Excessive (Feet)

Purpose: INTERIOR RENOVATION TO EXISTING 2ND AND 3RD FLOOR AND HEAD HOUSE ADDITION. CHANGE IN OCCUPANCY FROM 3 FAM DWELLING TO 2 FAM DWELLING. NO CHANGE IN USE OR EGRESS.

Case: BOA- 1774632 Address: 744 East Fourth Street Ward 6 Applicant: Darren Swain

Article Art 68 Sec 8 Dim reg app in res sub dist Excessive f.a.r. Art 68 Sec 8 Dim reg app in res sub dist Insufficient additional lot area per dwelling unit

Purpose: Raze existing 4 Unit Dwelling and replace with new 4 Story, 6 Unit Building with (9**) Garage parking spaces.*Razing of Existing dwelling to be reviewed and approved on a separate SF demolition permit.**Number of parking spaces increased from 8 to 9 and building height reduced to 39' 7" at BOA 1.27.26

Case: BOA- 180593 Address: 30-32 H Street Ward 6 Applicant: Marc Sawatsky

Article 68 Sec 29 Roof Structure Restrictions Max allowed height on the lot has been exceeded Art 68 Sec 8 Dim reg app in res sub dist Insufficient front yard setback (Variance required rescinded based on updated modal alignment survey plan provided for BOA review reconsideration 2.19.26) Art 68 Sec 8 Dim reg app in res sub dist Insufficient side yard setback Art 68 Sec 8 Dim reg app in res sub dist Insufficient additional lot area per unit

Art 68 Sec 8 Dim reg app in res sub dist Excessive f.a.r. Art 68 Sec 8 Dim reg app in res sub dist Insufficient usable open space per unit Art 68 Sec 8 Dim reg app in res sub dist Max allowed height in subdistrict has been exceeded Art. 68 Sec. 33 Off Street parking Req. Insufficient parking Art. 68 Sec. 34 Appl. of Dim. Req. # 2 Traffic visibility accross a corner lot (Variance still required 2.19.26) Art. 68 Sec. 34 Appl. of Dim. Req. #10 Insufficient rear yard setback on a shallow lot Notes Section 68-34 Application of Dimensional requirements

2.Traffic Visibility Across Corner. Whenever a minimum Front Yard is required (5 feet required) and the Lot is a

Corner Lot, no Structure or planting interfering with traffic visibility across the corner, or higher, in any event,

than two and one-half (2-1/2)

Purpose: Clarification: Construction of a new 3 story, 6 unit multifamily residential building with 6 garage parking spaces w/ elevator access on 4,271 sf parcel known as Lot 1 per stamped land survey*Lot subdivision filed under ALT1535648 Previous scope: Construction of a new 3 story, 6 unit multifamily residential building with 6 garage parking spaces.

Case: BOA- 1809792 Address: 36-42 O Street Ward 6 Applicant: George Morancy, Esq

Article 68 Sec 8 Dim reg app in res sub distInsufficient Lot Size Insufficient Side Yard Setback Insufficient Rear Yard Setback Insufficient Usable Open Space Insufficient Off Street Parking Excessive Floor Area Ratio

Purpose: Erect two story vertical addition and rear addition to building and change legal occupancy from four family dwelling to six family dwelling. Building is to be fully sprinklered after renovation.

Case: BOA-1794725 Address: 34 Spring Garden Street Ward 13 Applicant: Tim McGovern

Article 65, Section 9 Dimensional RegulationsFAR, Stories, Front Yard insufficient, Rear Yard

insufficient. Article 65, Section 8 Use RegulationsThree family detached dwelling F in 2F zone Article 65, Section 41 Off Street Parking Regulations Insufficient

Purpose: Interior demolition of all MEP and finishes. Remove existing pitched roof and frame full floor, and construct rear addition. Renovate entire structure including addition of fire alarm and sprinkler system. Convert existing single family to 3 units with 2 off street parking spaces.



Case: BOA- 1790078 Address: 58 Bullard Street Ward 14 Applicant: Charles Robson

Article 65, Section 8 Use RegulationsMFR use forbidden in a three-family subdistrict Art. 65 Sec. 9Residential Dimensional Reg.s Insufficient lot size 5,000sf min. required.Art. 65 Sec. 9Residential Dimensional Reg.s Excessive f.a.r. .5 ratio max allowed Art. 65 Sec. 9Residential Dimensional Reg.sMaximum number of stories exceeded 2.5 stories max Art. 65 Sec. 9 Residential Dimensional Reg.sInsufficient front yard setback 15' minimum setback

Required Art.65 Sec. 42 Appl of Dimensional Reqs3. Traffic Visibility Across a Corner Lot Article 65, Section 41 Off Street Parking Regulations 5. Parking space design/size Article 65, Section 41Off Street Parking Regulations Insufficient parking 1.25 spaces required per unit

Purpose: NEW CONSTRUCTION 3 STORY 5 UNIT RESIDENTIAL BUILDING

Clarification: NEW CONSTRUCTION of a 3 STORY 5 UNIT RESIDENTIAL BUILDING on a 4,278sf lot with four off street parking spaces, to include the creation of a 5' wide easement on the left side of the lot for the benefit of # 54 Bullard Street (LOT B) per 12/28/22 Suffolk County Registry of Deeds recorded land survey provided.

Case: BOA- 1821678 Address: 70 Auckland Street Ward 15 Applicant: James Christopher

Article 65 Section 15 Use Regulations Use Forbidden Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Floor Area Ratio Excessive 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: The applicant seeks to construct an attached 3 story addition with parking at grade, and 2 new residential units above, with a change of occupancy from 3 to 5 residential units. As per the attached plans **Nominal Fee**

Case: BOA- 1810310 Address: 34 Athelwold Street Ward 17 Applicant: Jennifer Ha

Article. 65 Sec. 9 Residential Dimensional Reg.s Insufficient lot size -6,000sf required Art. 65 Sec. 9 Residential Dimensional Reg.s Excessive f.a.r.- 4.0 max Art. 65 Sec. 9 Residential Dimensional Reg.s Insufficient rear yard setback -19.99' min. setback required (Shallow lot) Article 65, Section 41 Off-Street Parking Regulations Insufficient Parking - 1.25 req./ dwelling unit Article 65, Section 41 Off-Street Parking Regulations 4. Location: Parking in a required side yard is not allowed Article 65, Section 41 Off-Street Parking Regulations 5. Design; Insufficient clear manevuering areas (tandem parking) Article 65, Section 8 Use Regulations Use- Forbidden Article 65, Section 9 Dimensional Regulations Max allowed number of stories exceeded -2.5 stories max Article 65, Section 9 Dimensional Regulations Insufficient side yard setback -10' min.Notes Curbcut for proposed parking is further subject to additional DPW/PIC review approval.Building code review has been deferred at this time.

Purpose: New 6 Unit Residential Development with 3 On Grade Parking Spaces

Case: BOA- 1814225 Address: 190-200 Cummins Highway Ward 19 Applicant: Brooke Charter School

Article 67, Section 9 Dimensional RegulationsExcessive f.a.r. Article 67, Section 9Dimensional Regulations Number of allowed stories has been exceeded Article 67, Section 9 Dimensional RegulationsMax allowed height has been exceeded

Purpose: Erect a rear addition to existing school as per plans.

Case: BOA- 1825579 Address: 100 Beachview Road Ward 1 Applicant: Scarlet and Grey Development, LLC

ARTICLE 53; SECTION 53-5 Dimensional Regulations (Table F) Max allowed height exceeded (Updated review via revised plan set submitted 9/29/25

Purpose: Updated scope with revised drawings: Erect an attached two-family residential dwelling with a shared common front entryway w/ 102 Beachview Rd on newly created LOT B /2500SF. (Application filed in conjunction with ALT1643500 for subdivision and ERT1651876.) ** 8/20/25 REVISED PLANS SUBMITTED

Original scope: Erect a two-unit residential dwelling on newly created lot. See ALT1643500 for subdivision. *9.17.24 filed application assigned to FD by Dept Head Paul Williams on 10.2.24



Case: BOA- 1825581 Address: 102 Beachview Road Ward 1 Applicant: Scarlet and Grey Development, LLC ARTICLE 53; SECTION 53-5 Dimensional Regulations (Table F) Max allowed height exceeded

Purpose: Updated scope with revised drawings: Erect an attached two-family residential dwelling with a shared common front entryway w/ 100 Beachview Rd on newly created LOT A /2479SF. (Application filed in conjunction with ALT1643500 for subdivision and ERT1651874.) **8/20/25 REVISED PLANS SUBMITTED

Original scope: Erect a two-unit residential dwelling on newly created lot. See ALT1643500 for subdivision. *9.17.24 filed application assigned to FD by Dept Head Paul Williams on 10.2.24

Case: BOA- 1805308 Address: 109 Prince Street Ward 3 Applicant: Sean Munis

Article 54, Section 18 Roof Structure Restrictions Requesting relief for a headhouse proposed in a restricted

roof district Article 54, Section 10 Floor Area Ratio Excessive Requesting relief for excessive Floor Area Ratio;

Required F.A.R: 3.0 Existing F.A.R: 4.9 Proposed F.A.R: 5.5

Purpose: Structural work for new head house and interior structural reinforcement for roof deck, along with new roof deck. Additionally, there will be a new small deck off a lower floor in the alcove of the building.

Case: BOA- 1716926 Address: 1258-1262 Massachusetts Avenue Ward 7 Applicant: George Morancy, Esq

Article 65, Section 16 Dimensional Regualtions Floor Area Ratio Excessive Article 65, Section 16 Dimensional Regualtions Usable Open Space Insufficient Notes 1.-To be filed concurrently with ERT1667831 and ALT1666730.

Purpose: Subdivide lot and consolidate a portion of this lot with parcels 070357000, 0703566000, 0703567000, and 0703569000, to form a new lot numbered 1274 Massachusetts Avenue, to contain approximately 16,306 square feet of land. This lot, 1258 1272 Massachusetts Avenue, to be 11,818 sq ft. See ERT1667831 & ALT1666737. Refer to ALT1666730 for related work to connect garage with tunnel/ramp.

Case: BOA- 1809584 Address: 11 Vinton Street Ward 7 Applicant: Timmy Kyne

Article. 68 Sec. 33 Off Street parking Req. off street parking insufficient- design/ maneuverability (size) clear access and maneuvering areas parking in rear proposed via easement per plan. Art. 68 Sec.31 Screening and Buffering Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Lot Area Insufficient

Purpose: Changing occupancy from 2 family to 3 family renovating each level and adding an addition to the rear of building Installing exterior siding and windows

Case: BOA-1811248 Address: 13 Vinton Street Ward 7 Applicant: Timmy Kyne

Article. 68 Sec. 33 Off Street parking Req. Art. 68 Sec.31 Screening and Buffering Article 68, Section 34.6 Side Yd of Certain Narrow Lots driveway width insufficient

Purpose:Proposal of Shared Driveway Easement with 11 Vinton Street accessed by an existing curb cut for parking for 1

vehicle in the rear. Reference sister application ALT1800039 for 11 Vinton Street.



Case: BOA- 1781953 Address: 1 Bayside Street Ward 13 Applicant: Dennis Etzkorn and Gavin Etzkorn

Article 69 Sec. 8 Forbidden Applicant will need to seek relief for the proposed use of 6 (six) units, which is forbidden use in a 2F-5000 zone. Article 69 Section 29.4 Off-Street Parking Location Applicant will need to seek relief for Off-Street parking .Article 69, Section 9 Lot Area Insufficient Applicant will need to seek relief for insufficient lot area.

Article 69, Section 9 Lot Width Insufficient Applicant will need to seek relief for Insufficient lot width. Article 69, Section 9 Lot Frontage Insufficient Applicant will need to seek relief for Insufficient Lot Frontage. Article 69, Section 9 Floor Area Ratio Excessive Applicant will need to seek relief for Excessive Floor Area Ratio (F.A.R.). Article 69, Section 9 Bldg Height Excessive (Stories) Applicant will need to seek relief for Excessive Building Height (Stories). Article 69, Section 9 Usable Open Space Insufficient Applicant will need to seek relief for Insufficient usable open space. Article 69, Section 9 Front Yard Insufficient Applicant will need to seek relief for Insufficient Front yard setback. Article 69, Section 9 Side Yard Insufficient Applicant will need to seek relief for Insufficient Side yard setback. Article 69, Section 9 Rear Yard Insufficient Applicant will need to seek relief for Insufficient Rear yard setback. Notes The proposed project is located in a Neighborhood Design Overlay district. Pending Building Code Review per IBC & 780 CMR, submission of complete construction documents. Project is subject to Group 1 (One) Dwelling Units per (521 CMR-Architectural Access Board), upon submission of complete construction documents.

Purpose: New 6 Unit dwelling, with (3) Three decks (10th Edition of 780 CMR)

Case: BOA-1827544 Address: 1954 Commonwealth Avenue Ward 21 Applicant: Patrick McKenna-ARTICLE 80

Article. 51 Sec. 09 Dimensional Regulations Insuffcient additional lot area per unit Art. 51 Sec. 09 Dimensional Regulations Number of allowed storties has been exceeded Art. 51 Sec. 09 Dimensional Regulations Max allowed height has been exceeded Art. 51 Sec. 09 Dimensional Regulations Insufficient usable open space/unit Art. 51 Sec. 09 Dimensional Regulations Insufficient frontyard setback Art. 51 Sec. 09 Dimensional Regulations Insufficient side yard setback

Art. 51 Sec. 09 Dimensional Regulations Insufficient rear yard setback Article 51, Section 56 Off Street Parking Insufficient Article 51, Section 56 Off Street Loading Insufficient

Purpose: ARTICLE 80: Preserve the existing structure by relocating it closer to Commonwealth Avenue to construct a five-story mixed use building that will include approximately 25,475 GSF square feet of gross floor area and 26 residential homeownership units, including 4 IDP units, and 9 parking spaces.\ *Art 80 SPR

Case: BOA-1482368 Address: 87 Morris Street Ward 1 Applicant: Carolina Linares

Article(s): Article 53, Section 9 Lot Area Insufficient Article 53, Section 9 Add'l Lot Area Insufficient

Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Usable Open Space Insufficient

Art. 53 Sec. 09.3 Location of Main Entrance Art. 53, Section 56 Off Street Parking Insufficient

Article 27T 5 East Boston IPOD Applicability Article 32, Section 4.GCOD, Applicability

Purpose: Change of occupancy to a 3 family. Remodeling the basement into a new apartment. Scope also includes upgrades to life safety (FA/FP).



Case: BOA-#1482374 Address: 87 Morris Street Ward 1 Applicant: Carolina Linares

9th 780 CMR 705 Exterior Walls705.8.1 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. [New/enlarged openings with less than 3ft separation from interior lot lines.] 9th 780 CMR 1030Emergency Escape and Rescue 1030.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R 2 occupancies in accordance with Tables 1006.3.2(1) and 1006.3.2(2) and Group R 3 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. [Only a 2.3ft exterior egress path provided, 36" (3ft) required at emergency egress

openings]

Purpose: Change of occupancy to a 3-family. Remodeling the basement into a new apartment. Scope also includes upgrades to life safety (FA/FP). City of Boston Board of Appeal

Case: BOA- 1747974 Address: 142 P Street Ward 6 Applicant: Mark Little

Article(s) Article 68, Section 29 Roof Structure Restrictions Requesting relief for 5 roof decks to be occupied in a

restricted roof district, the existing roof exceeds the maximum building height limit.Article 68, Section 8 Front Yard Insufficient Article 68, Section 8 Rear Yard Insufficient

Purpose : Build 5 roof decks on top of the building. Each unit will have it's own deck

Case: BOA- 1575425 Address: 62 L Street Ward 6 Applicant: David Luciano

Article(s): Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Side Yard Insufficient

Art.68 Sec 29 Roof Structure Restrictions Access to the roof deck must be via a roof hatch

Purpose: Replace existing exterior stairs and construct a new roof deck.

Case: BOA-1689794 Address: 62-66 Condor Street Ward 1 Applicant: Condor Nay, LLC

Article(s): Article 53, Section 10.2 Dimension Regulations (Waterfront) Building Height (Feet) Excessive Article 53, Section 10.3 Waterfront Open Space Requirements Article 53, Section 10.4.a Waterfront Yard Area Measurements Article 53, Section 10.4.b Setback Requirements Article 53, Section 29.1 Conformity with Existing Bldg Alignment Article 25A Section4 CFROD Applicability

Purpose: Erect a new 5 story Mixed Use Building on newly created lot with thirty six (36) Multi Family residential units, three (3) Retail on ground floor (core/shell) and below grade parking, as per plans. Building features amenity space, balconies, and common roof deck. See ALT1655420 for subdivision. Existing building to be razed under separate permit. SPR