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Last updated: 05/18/2017 - 10:18am

Board of appeal hearing

The board will hold a hearing on May 23, 2017 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


    May 9, 2017

  2. EXTENSION 9:30a.m.

    Case:BOA-449621 , Address:135 Bremen Street  , Ward  1  Applicant: 135 Bremen Street LLC

    Case:BOA-413033 , Address: 68 Gove Street  , Ward 1  Applicant: Chan Sing Ming

    Case:BZC-32973 , Address: 27-29 H Street  , Ward 6  Applicant: Steven Turner

  3. GCOD 9:30a.m.

    Case:BOA-685280 , Address: 27-29 North Margin Street , Ward 3  Applicant: Thad Seymour

    Article(s): 32(32-5: GCOD)

    Purpose: Replace finishes as needed, new rough electrical and plumbing as required to meet code. New HVAC, new monitored alarm and sprinkler system.

  4. HEARINGS: 9:30 a.m

    Case:BOA-660491 , Address: 88-94 Lincoln Street , Ward 22  Applicant: Derric Small

    Article(s): 11(11-7: Electronic Signs)

    Purpose: To install a new 14'x48" (2) sided electronic billboard on a monopole as per plans.


    Case:BOA-603585 , Address: 168 Bigelow Street  , Ward 22  Applicant: Mai Phung

    Article(s): 51(51-8: Two family dwelling) 51(51-9: Lot Area insufficient, Floor Area Ratio excessive, Height excessive, Front Yard insufficient & Side Yard insufficient) 51(51-56: Off-Street Parking & Loading) 10(10-1) Limitation of Area of Accessory Uses)

    Purpose: Proposed to erect a two family on vacant lot (as per plans).


    Case:BOA-694839 , Address: 89-95 Brighton Avenue  , Ward 21  Applicant: Brighton Gardner Properties LLC

    Article(s): 51(51-8: Multi-family dwelling, Retail 3F-4000 & Floor Area Ratio) 51(51-9: Restaurant with take out, Lot Area for additional dwelling insufficient, Floor Area Ratio excessive, Height Excessive, Usable Open space insufficient & Side Yard insufficient) 51(51-16: Front Yard & Usable Open Space insufficient) 51(51-17: Multi-family dwelling, Restaurant with takeout & Height excessive)

    Purpose: Erect a mixed-use development comprising 129 residential apartment units, approximately 7,500 square feet of ground-floor commercial/retail space, and off-street parking and associated site improvements, as more particularly shown and described on the enclosed plans and other materials. Combine four lots 2100612005, 2100635010, 2100610000, 2100609000. Existing buildings on these lots to be razed under separate permits.


    Case:BOA-696981 , Address: 317 Belgrade Avenue , Ward 20  Applicant: Michael Forde

    Article(s): 67(67-12: Floor area ratio is excessive, Height is excessive, Required front yard setback is insufficient & Required rear yard setback is insufficient) 68(68-33: Off-Street parking Req.)

    Purpose: Demo existing one story commercial structure, erect a four story structure to house retail and parking on ground floor and 21 residential units on floors two through four.


    Case:BOA-670376 , Address: 1522 VFW Parkway  , Ward 20  Applicant: James Christopher

    Article(s): 9(9-1: Extension of Non-Conforming Use) 12(12-1: Lots in Two Districts)

    Purpose: Change Occupancy of existing office space into a residential unit as per plans.


    Case:BOA-699598 , Address: 289 Walk Hill Street , Ward 18  Applicant: Robert Del Savio

    Article(s): 67(67-12: Insufficient Rear Yard, Excessive Floor Area Ratio & Excessive Building Height) 67(67-32: Off-Street Parking and Loading) 67(67-8: Residential Uses on First Story is Conditional Use) 29(29-4: GPOD)

    Purpose: Raze existing structures. Combing Lots of 283 Walk Hill Street, 289 Walk Hill Street, 574 Canterbury Street with 576 Canterbury Street and 578 Canterbury Street, into one lot to be known as 289 Walk Hill Street with 83,631 SF of total lot area. Erect a new 4-story multi-family residential dwelling with one level of below grade parking. The below grade parking will provide 147 parking spaces below grade and 19 spaces at grade. The proposed building will include 106 dwelling units with common areas and support spaces.


    Case:BOA-659167 , Address: 612 Norfolk Street  , Ward 18  Applicant: Rashmi Ramaswamy

    Article(s): 60(60-8: Forbidden Use) 60(60-9: Front Yard Insufficient)

     Purpose: Change Occupancy from 2 Family Residential to an Adult Group Care Residence - General. Work includes new exterior ramp, minor interior modifications and accessibility upgrades and new sprinkler system.


    Case:BOA-688874 , Address: 7-11 Balina Place , Ward 17  Applicant: Habitat for Humanity of Greater Boston, Inc

    Article(s): 60(60-9: Insufficient additional lot area per dwelling unit & The Roof over the Front Porch and Bay Windows creates an insufficient Front Yard setback)

    Purpose: Construct three residential townhouse units with three bedrooms and one and half baths each. Building will be two and one half stories tall with two garage parking spaces and one exterior off street spaces. The building will be wood framed with Hardiboard type clapboard siding and asphalt roof shingles. The attics and basements will be unfinished.


    Case:BOA-694278 , Address: 246 Norwell Street  , Ward  17 Applicant: Travis Lee

    Article(s): 65(65-8: Forbidden Use) 65(65-41: Off-Street Parking & Loading Req.) 65(65-9: Lot Area Insufficient, Floor Area Ratio Excessive, Number of Stories Excessive & Usable Open Space Insufficient) 65(65-42.2: Conformity w Ex Bldg Alignment)

    Purpose: New construction of six family residential building located at 246 Norwell Street, Dorchester, MA. These plans are being submitted to facilitate a rejection letter from ISD so that this project can be schedule for a hearing at the ZBA.


    Case:BOA-695067 , Address: 21-21C Chickatawbut Street  , Ward 16  Applicant: John Pulgini

    Article(s): 65(65-8: Forbidden) 65(65-9: Insufficient minimum lot frontage) 65(65-65-41.4: Parking Location)

    Purpose: Combine parcel number 1603962000 (14560 sq. ft.) to be combined for a total of 21888 square feet and subdivide into a lot known as 21, 21a 21b, 21c Chickatawbut Street. This will consist of four unit building per attached plans.


    Case:BOA-695072 , Address: 23 Chickatawbut Street  , Ward 16  Applicant: John Pulgini

    Article(s): 65(65-9: Excessive F.A.R. & Excessive number of stories) 65(65-41: Off street parking requirements) Purpose: Combine parcel number 1603962000 and 1603962001 to total 21888 sq ft and subdivide to 41830 for 21 Chickatawbut St and 23 Chickatawbut to sq ft. 7328. Existing building is an existing three family and will become a two family.


    Case:BOA-691500 , Address: 1493-1501 Dorchester Avenue , Ward 16  Applicant: 16

    Article(s): 65(65-15: Hair salon is a conditional use in NS Sub-district)

    Purpose: Changing from retail store occupancy to hair salon occupancy. Work description: Hair salon and personal care services.


    Case:BOA-678322 , Address: 90-102 Tenean Street  , Ward 16  Applicant: Sings By J

    Article(s): 65(65-40: Sign Regulations) 65(65-16: Excessive Height & Insufficient Rear Yard Setback) Purpose: Propose: a new monopole billboard with two digital faces.


    Case:BOA-688675 , Address:110 Lonsdale Street  , Ward 16  Applicant: Michelle Flowers

    Article(s): 65(65-65-8: Floor Area Ratio excessive)

    Purpose: New heating, electrical, work to be on 1st and 2nd floor, remove low bearing walls, new bathroom new kitchens and extend living space into basement as per plans. All cost reflected on SF662995.


    Case:BOA669123- , Address: 311 Gallivan BLVD  , Ward 16  Applicant: Patrick Mahoney

    Article(s): 65(65-8: Three family dwelling) 65(65-9: Floor Area Ratio excessive, Height excessive & Side Yard insufficient)

    Purpose: Construct a new 3 family home on subdivided lot separate parcel - All reviews on these drawings.


    Case:BOA-667468 , Address: 35 Melbourne Street , Ward 16  Applicant: Patrick Mahoney

    Article(s): 9(9-1: Extension of Non-Conforming Use)_65(65-8: Use Regulations)

    Purpose: Remove roof and add third floor addition. No change in occupancy. (4 family).


    Case:BOA-676738 , Address: 47-49 Walnut Street  , Ward 16  Applicant: Josh Fetternan

    Article(s): 25(25-5: Flood Hazard Districts) 65(65-41: Parking insufficient) 65(65-8: Multi-family dwelling) 65(65-9: Lot Width, Lot Frontage, Side yard & Rear yard insufficient, Floor Area Ratio & Height excessive) 65(65-9: 65-9.2 Location of Main Entrance)

    Purpose: This Project is to Confirm the occupancy as a Four-Family Dwelling. Additionally, it seeks to renovate the existing structure and complete a third floor rear addition.


    Case:BOA-685030 , Address: 51 Woolson Street  , Ward 14  Applicant: Sy Vo

    Article(s): 60(60-9: Lot Area Insufficient, Add'l Lot Area Insufficient, Lot Frontage Insufficient, Lot Width Insufficient, Floor Area Ratio Excessive, Building Height Excessive, Usable Open Space Insufficient, Side Yard Insufficient & Rear Yard Insufficient) 60(60-41.1: Conformity w/Exist. Building Alignment)

    Purpose: Erect three-unit residential dwelling with three (3) off-street parking.


    Case:BOA-691907 , Address: 47 Fowler Street  , Ward 14  Applicant: Shirley Jones

    Article(s): 10(10-1: Limitation of off street parking areas) 60(60-9: Usable open space insufficient)

    Purpose: Off-street parking for one residential vehicle. This use was previously approved under Use of Premises 1279 Issued August 15, 2000 and Board of Appeal BZC20999 approved on July 18, 2000. Curb cut was installed back then also. See submitted documents.


    Case:BOA-693949 , Address: 1785 Columbus Avenue  , Ward 11  Applicant: Lee Goodman

    Article(s): 55(55-22: Conditional Use take out restaurant) 55(55-23: Floor Area Ratio excessive & Height excessive) Purpose: Combine 3 parcels into one site with Address of 1785 Columbus Avenue.: *1101160000 - 90 Amory *1101159000 - 1837 Columbus *1101190000 - 1785 Columbus - Erect new 206,500 SF building (139,200 SF take out restaurant & offices, 67,300 SF parking) - Building Floors: 7 + 1 basement level: *2 levels of parking (157 spaces) *community uses, day care center, take out restaurant & offices - Building height from average grade: 95' - FAR 3.52.


    Case:BOA-674638 , Address: 162-172 South Street  , Ward 11  Applicant: Michael Bullock

    Article(s): 55(55-8: Use Regulations) 9(9-2: Change in Non-Conforming Use)

    Purpose: Change Occupancy from Store to Floating Spa. Interior renovation for tenant fit-out to include partitions and finishes.

  5. HEARINGS: 10:30 a.m.

    Case:BOA-665307 , Address: 15H Mount Vernon Street  , Ward 7  Applicant: Kamer Minassian

    Article(s): 65(65-9: Side yard is insufficient)

     Purpose: Add a cover deck for second floor Unit.


    Case:BOA-684275 , Address: 102-102H H Street  , Ward 6   Applicant: Henry Miller

    Article(s): 68(68-8: Rear yard setbeck is insufficient)

    Purpose: Installation of new 13x24' Roof Deck install spiral stairs from existing Rear deck to new deck.


    Case:BOA-697078 , Address: 11 Fayette Street , Ward 5  Applicant: Gustavo Dejo-Suarez

    Article(s): 63(63-8: Rear Yard insufficient & Usable Open Space insufficient) 63(63-9: Density Limitation Regulations) 32(32-9: GCOD)

    Purpose: Correct violation for Permits required to wit. New rear portico has been built at the rear entrance/exit on the first floor level without permit or inspection. Along with Installation of a fence in rear yard over 6 feet tall. Change Occupancy from single family to a 2 family.


    Case:BOA-687435 , Address: 22-40 Chauncy Street  , Ward 3  Applicant: Daniel Murray

    Article(s): 8(8-7: Conditional Use)

     Purpose: Change of Occupancy from Business/Office to Trade/Professional School for the Boston Academy of English as an existing tenant located on the 8th floor at 38 Chauncy Street, Boston, MA. No work to be done. Reference alt22651 for original permitting of space.


    Case:BOA-692060 , Address: 1 Merrimac Street  , Ward 3  Applicant: Atlas-Strata, LLC

    Article(s): 45(45-14: Parking Lot) 6(6-6-3A: Add'l Cond in Restricted Parking District)

    Purpose: We are filing for an extension of a conditional use permit (#U49428641) for the commercial parking lot consisting of 16 licenses parking spaces at One Merrimac Street in Boston. A Zoning Board of Appeals decision signed on March 10th, 2015 granted us an extension of a previous conditional use permit on the site for 2-years expiring on March 1, 2017. No work to be performed associated with this permit.


    Case:BOA-693343 , Address: 19-21 Short Street , Ward 2  Applicant: Christopher Sacco

    Article(s): 62(62-8: Insufficient rear yard setback)

    Purpose: Build a new deck using 2x12 PT loaded on a triple 2x12 PT beam deck will be set on 6x6 PT post Decking material to be Asek We will be reusing existing metal fence. Cost if reflected on SF597162.


    Case:BOA-575625 , Address: 31A-31 Lexington Street  , Ward 1  Applicant: Alphonse Marano

    Article(s): 53(53-52: Roof Structure Restrictions) 53(53-56: Off-Street Parking Reg's) 53(53-9: Exceeds floor area ratio, Exceeds number of stories, Insufficient side yard setback & Insufficient rear yard setback) 52(52-8: Use Regulations) Purpose: Change Occupancy from six to seven units (previously approved by ZBA decision #24428 under permit #454/2005) then work description is to add third floor to present building; new kitchen, bathroom, electric sprinkler and plumbing all in accordance with updated 8th edition showing same layout of plans previously filed.


    Case:BOA-649100 , Address: 494 Sumner Street , Ward 1  Applicant: Robert Pyles

    Article(s): 53(53-52: Roof Structure Restrictions)

    Purpose: Confirming/legalizing existing structure on roof (roof deck).


    Case:BOA-683771 , Address: 1-1a Lamson Court , Ward 1   Applicant: Patrick Mahoney

    Article(s): 53(53-57.2: Conformity Ex Bldg Alignment) 53(53-57.3: Traffic Visibility Across Corners) 53(53-9: Lot Area Insufficient, Add'l Lot Area Insufficient, Floor Area Ratio Excessive, Building Height Excessive, Usable Open Space Insufficient, Side Yard Insufficient & Rear Yard Insufficient)

    Purpose: Combine partial lot 0104990000 - 608.75 SF and 0104991000 - 592.75 SF to create Lot 2 - 1,201.5 SF. Erect new residential unit townhouse with bay overhang on public way and parking garage on ground floor on Lot 2. See also ERT645705.


    Case:BOA#683770 , Address: 1-1a Lamson Court  , Ward 1  Applicant: Patrick Mahoney

    Purpose: Combine partial lot 010499000 - 608.75 SF and 0104991000 - 592.75 SF to create Lot 2 - 1,201.5 SF. Erect new 2 residential unit townhouse with bay overhang on public way and parking garage on ground floor on Lot 2. See also ERT645705. Section 8th 780CMR3202 Section 3202.3.2 Windows, balconies, architectural features and mechanical equipment.


    Case:BOA-683781 , Address: 3-5 Lamson Court , Ward 1  Applicant: Patrick Mahoney

    Article(s): 53(53-9: Add'l Lot Area Insufficient, Usable Open Space Insufficient, Side Yard Insufficient, Rear Yard Insufficient, Lot Area Insufficient & Building Height Excessive) 53(53-57.2: Conformity Ex Bldg Alignment)

    Purpose: Raze existing structure for 3 and 5 Lamson Court. Combine 0104993000 - 750 SF and 0104992000 - 750 SF, receive 0104990000 - 152 SF and 0104991000 - 148 SF to create Lot 1 - 1,798.5 SF. Erect new 3 residential unit townhouse with bay overhang on public way and parking garage on ground floor on Lot 1. See also ERT645728.


    Case:BOA#683782 , Address: 3-5 Lamson Court , Ward 1  Applicant: Patrick Mahoney

    Purpose: Raze existing structure for 3 and 5 Lamson Court. Combine 0104993000 - 750 SF and 0104992000 - 750 SF, receive 0104990000 - 152 SF and 0104991000 - 148 SF to create Lot 1 - 1,798.5 SF. Erect new 3 residential unit townhouse with bay overhang on public way and parking garage on ground floor on Lot 1. See also ERT645728. Section 780CMR8th Ed., 3202 Section 3202.3.2 Windows, balconies, architectural features and mechanical equipment.

  6. RE-DISCUSSION: 11:30a.m.

    Case: BOA-658690, Address: 192 Belgrade Avenue, Ward 20   Applicant: John De Angelis

    Article(s): 67(67-56) 67(67-9)

    Purpose: Change occupancy from commercial to residential. Conversion of 1 freestanding 1-story building on the same lot is a residential 2-family known as 3 Newburg Street (alteration permit being pulled for the 2-family as well). The project involves the rehabbing of 192 Belgrade Ave. Existing building zoning analyses on ALT650563.


    Case: BOA-658688, Address: 3 Newburg Street, Ward 20  Applicant: John De Angelis

    Article(s): 67(67-56)

    Purpose: No construction work or alterations of any kind to be performed in the 2-family at 3 Newburg Street, Zoning analysis only. Conversion of occupancy of ALT650550.


    Case: BOA-670487, Address: 1-3 Dunbarton Road   Ward: 20, Applicant: Gary C. Martell

    Article(s): 56(56-7) 56(56-8)

    Purpose: On lot-C with 9,229 sq ft of land erect new construction 2 family dwelling as per attached plan.


    Case: BOA-657398, Address: 12 Hubbard Street , Ward  19 Applicant: Edward Honeycutt

    Article(s): 55(55-9) 55(55-8)

    Purpose: Extend living space to basement to create new dwelling unit. Two-family dwelling will remain the same. Work to include new egress in basement, add partition walls and bathroom and kitchenette.


    Case: BOA-657089, Address: 157-157A Howard Avenue, Ward 13  Applicant: Mai Phung

    Article(s): 50(50-44.2) 50(50-29)

    Purpose: Erect a three-family dwelling with roof deck, exterior rear deck, front balcony, and three off-street parking on existing vacant land.


    Case: BOA-647490, Address: 95 Calumet Street  Ward: 10 , Applicant: Tanes Casting

    Article(s): 59(59-7) 59(59-8) 59(59-37)

    Purpose: Change of occupancy from three (3) family dwelling to nine (9) unit residential dwelling. Extension of living space to basement. Construct new 3-story rear addition to existing 3-story building. Complete interior renovation with new sprinkler system.           


    Case: BOA-665759, Address: 145-145A East Berkeley Street Ward: 3, Applicant: Shan Chan

    Article(s): 9(9-1) 64(64-19)

    Purpose: Addition first floor on back for restaurant kitchen.


    Case: BOA-666196, Address: 173 Endicott Street   Ward: 3, Applicant: Daniel Toscano

    Article(s): 32(32-9) 54(54-10) 54(54-21)

    Purpose: This is a new construction. Looking to construct 5 story 9 residential building with garage parking.


    Case: BOA-686465, Address: 213 Harrison Avenue Ward: 3, Applicant: Jack P Milgram

    Article(s): 43(43-19)

    Purpose: Change occupancy from a retail store to a beauty spa to include massage therapy. Installation of interior partition walls as shown on plans.

  7. Hearings/Recommendations

    Case: BOA-695638, Address: 81 Pearl Street Ward: 2 , Applicant: Andre Matias

    Article(s): 62(62-25: Roof line being altered in rear)

    Purpose: Confirm as a single family dwelling. Gut third bedroom walls and ceilings. Cut roof and open up a shed dormer. Re-finish third floor bedroom. Replace roof. P.S.: keep existing non-confirming stairs.


    Case: BOA-689994, Address: 3 Mead Street Court Ward: 2 , Applicant: Isamu Kanda

    Article(s): 62(62-62-8: Front Yard Insufficient)

    Purpose: Addition onto front of single residence. Renovation of kitchen, bathrooms and bedrooms.


    Case: BOA-687926, Address: 2 Ludlow Street Ward: 2 , Applicant: Timothy Sheehan

    Article(s): 62(62-8: Floor area ratio is excessive & Rear yard setback is insufficient)

    Purpose: This is a 124 square foot two story addition to an existing single family residence. The first floor will be an extension to an existing kitchen and the second floor addition will add a small home office, closet and master bathroom.


    Case: BOA-685082, Address: 7 Ringgold Street Ward: 3 , Applicant: Marc LaCasse

    Article(s): 32(32-4: GCOD) 64(64-9: Floor Area Ratio is excessive, Rear Lot line set back is insufficient & Open Usable Space is insufficient)

    Purpose: Construct Master Bedroom addition and Deck above Per plans.


    Case: BOA-676750, Address: 56 Jamaica Street Ward: 11 , Applicant: Patrick Mahoney

    Article(s): 55(55-41.1: Conformity Ex Bldg Alignment) 55(55-9: Floor Area Ratio Excessive, Building Height Excessive, Usable Open Space Insufficient, Side Yard & Rear Yard Insufficient)

    Purpose: Construct additions on both side of existing single family residential. Remove roof to create a 1-story addition on third floor on existing structure. Propose new deck.


    Case: BOA-684592, Address: 90 Floyd Street Ward: 14 , Applicant: Judence Williams

    Article(s): 65(65-9: Side yard insufficient & Floor area ratio excessive)

    Purpose: Expanding the attic into a master suite, Kitchen and bathroom repair on 2nd floor.


    Case: BOA-697055, Address: 12 Waterlow Street Ward:  14, Applicant: Ellen Miller

    Article(s): 10(10-1: Limitation of parking areas) 65(65-65-41: Off-Street Loading Req.)

    Purpose: Curb cut parking for 2 cars.


    Case: BOA-664957, Address: 289 Washington Street Ward: 14 , Applicant: Tyrone Davis

    Article(s): 65(65-8: Office use is forbidden in a 3F-5000 Sub-district)

     Purpose: Change occupancy from newspaper store to office. Complete renovation of existing building. #1374/1964 Newspaper store.


    Case: BOA-693937, Address: 30 Rita Road  Ward: 16 , Applicant: Sean Donahue

    Article(s): 65(65-9: Side yard is insufficient)

    Purpose: Removal of existing sunroom and adding 2 floors and crawl space to rear of existing property.


    Case: BOA-693320, Address: 17 Sedalia Road  Ward:  16, Applicant: Timmy Devlin

    Article(s): 65(65-9: Floor Area Ratio Excessive & Side Yard Insufficient)

    Purpose: Construct new roof with shed dormer. Extend living space to attic.


    Case: BOA-688128, Address: 3 Fairview Street Ward: 20 , Applicant: Christopher Miller

    Article(s): 67(67-9: Floor Area Ratio Excessive)

    Purpose: Master suite conversion and extending third floor attic space. Work being done in 3A Fairview Street.


    Case: BOA-692411, Address: 298 Vermont Street  Ward: 20 , Applicant: Pat McKenna

    Article(s): 56(56-8: Building height excessive, Side yard insufficient & Front yard insufficient)

     Purpose: Addition of 2nd floor to existing house, new bathroom and 2 new bedrooms.


    Case: BOA-681443, Address: 89 Antwerp Street  Ward: 22 , Applicant: Peter Chen

    Article(s): 51(51-9: Usable open space is insufficient, Side yard setback is insufficient & Rear yard setback is insufficient)

    Purpose: Change occupancy from 1 Family into 2 Family by erect a vertical addition and perform renovations. All as per plans filed.