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Last updated: 11/08/2017 - 1:15pm

Board of appeal hearing

The board will hold a hearing on November 14, 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


    October 26, 2017 and October 31, 2017

  2. EXTENSION: 9:30a.m.

    Case: BZC-30642, Address: 340-360 Boylston Street , Ward  3  Applicant: The Arlington Boylston Realty Trust

    Case: BOA-475033, Address: 108 Greenfield Street, Ward 18 Applicant: Virtudes Carrasco

    Case: BOA-97221, Address: 815 East Fifth Street, Ward 6 Applicant: George Morancy, Esq

    Case:BOA-489875, Address: 239 Boston Street, Ward 7 Applicant: George Morancy, Esq

  3. HEARINGS: 9:30 a.m.

    Case: BOA-764199,  Address: 135-139 Border Street,   Ward 1  Applicant: Boston Industrial Group Realty Trust

    Article(s): 53(53-56) 53(53-12) 25(25-5)

    Purpose: Change occupancy from Offices, 1 Apartment and Accessory Storage to Office and 7 Apartment. Complete renovation, new sprinkler system as per plans.


    Case: BO#764198,  Address: 135-139 Border Street,  Ward Applicant: Boston Industrial Group Realty Trust

    Purpose: Change occupancy from Offices, 1 Apartment and Accessory Storage to Office and 7 Apartment. Complete renovation, new sprinkler system as per plans. Section 8th 780CMR 705.8 Opening of exterior wall. Openings are not allowed in exterior wall where the fire separation distance is less than 3ft.


    Case: BOA-756820,  Address: 48-52 Boylston Street,  Ward Applicant: SFH Boylston Street LLC

    Article(s): 23(23-1) 32(32-6)

    Purpose: Change of Use to from a Recreational Facility, Offices and Retail to 46 Temporary Housing Shelters, Offices and Retail. The Temporary Residential Use will be located on Floors 2 thru 5. Selective interior demolition, and demolition of a 2-story portion of the Building. Exterior restorations including pointing and window replacement. Installation of all new MEP, Fire Alarm and Fire Sprinkler systems. TW's Cubicle fees deferred until permit is ready to be issued.


    Case: BOA-753633,  Address: 5 Acorn Street,   Ward Applicant: Karin Dumbaugh

    Article(s): 13(13-13-1: The new bay on the lower level triggers the rear yard setback & The reconfiguration of space and additional floor area creates an excessive F.A.R.)

    Purpose: Complete renovation all floors including existing roof deck and roofing.


    Case: BOA-760305,  Address: 667-669 Boylston Street,   Ward 5 Applicant: Cava Mezze Grill

    Article(s): 8(8-7)

    Purpose: Propose 16 outdoor seating for restaurant filed under ALT753250.


    Case: BOA-760307,  Address: 667-669 Boylston Street,   Ward 5  Applicant: Cava Mezze Grill

    Article(s): 8(8-7: Use item #36A Take out restaurant (conditional) & Use item #37 restaurant (conditional)

    Purpose: Change of Occupancy to Restaurant (37) with takeout (36A). Interior renovation for new tenant fit-up. Outdoor seating will be filed separately under U49753293. ZBA.


    Case: BOA-736317,  Address: 107 Jersey Street,  Ward 5  Applicant: New Cingular Wireless PCS, LLC

    Article(s): 86(86-6: Any antenna is a conditional use in any residential district & Insufficient setback from buildings used for residential)

    Purpose: Change Occupancy to add Wireless telecommunications facility. Install 8 antennas inside concealment elements on the roof of an existing building and 4 antennas to the facade of the existing stairwell penthouse; install 21 remote radiohead units and 5 surge arrestors on ballast frames on ex-isting roof; install condenser unit on existing roof, construct equipment room in vacant space in building's basement; install fiber and power cabling; install vertical cable tray; all as more specifically shown on the plans submitted with the application.


    Case: BOA-727018,  Address: 331A-333 Newbury Street,  Ward 5  Applicant: Geoffrey Reilinger

    Article(s): 8(8-7)

    Purpose: Change of Occupancy from Retail Store to Registered Marijuana Dispensary. Interior renovation for tenant fit-out. ZBA.


    Case: BOA-763020,  Address: 25 Dry Dock Avenue,  Ward 6  Applicant: Patrick McLaughlin

    Article(s): 8(8-3)

    Purpose: No work. Change use to include fitness center/gym for the public on first and second floor, Gym construction occurred under permits ALT709412 and ALT709414. Space to be used for employees only until change of use is accepted.




    Case: BOA-754688,  Address: 177 E Street,  Ward 7  Applicant: William Davis

    Article(s): 68(68-8: Side yard setback requirement is insufficient, Rear yard setback requirement is insufficient, Floor area ratio is excessive & Height requirement is excessive) 68(68-29) 27S(27S-5S)

    Purpose: Head house addition.


    Case: BOA-752309,  Address: 169A-169 I Street,  Ward 7  Applicant: Patrick Mahoney

    Article(s): 27S(27S-5S)

    Purpose: Renovate existing 3 family row house as per plans submitted.

  4. HEARINGS: 10:30 a.m.

    Case: BOA-759918,  Address: 2969 Washington Street,   Ward 11 Applicant: 2969 Washington LLC

    Article(s): 50(50-43) 50(50-29: Lot area for additional dwelling unit, insufficient, Floor area ratio excessive & Usable open space insufficient)

     Purpose: Add a dwelling unit on Ground level. Change occupancy from 3 units to 4 dwelling units as per plans. Permit set to be submitted upon ZBA approval. (This is one of four main structures on this lot).


    Case: BOA-744378,  Address: 402 Warren Street,   Ward 12  Applicant: Jimmy McNeil

    Article(s): 50(50-43)

    Purpose: Change occupancy from one family and insurance agency to a one family and a church. Install fire protection and sprinkler system install 1v1 beams.


    Case: BOA#744379,  Address: 402 Warren Street,   Ward 12  Applicant: Jimmy McNeil

    Purpose: Change occupancy from one family and insurance agency to a one family and a church. Install fire protection and sprinkler system install 1v1 beams. Section 521 CMR 16.00 House of Worship. Insufficient number of accessible seats. 521 CMR 25.00 Entrances. All public entrance(s) of a building or tenancy in a building shall be accessible.


    Case: BOA-740342,  Address: 36 Cushing Avenue,  Ward 13  Applicant: 36 Cushing Avenue Realty Trust

    Article(s): 65(65-9: Add'l lot area insufficient, Floor area ratio excessive & Side yard insufficient) 65(65-9.2) 65(65-8) 65(65-8.2) 65(65-41)

    Purpose: Change of Occupancy from three-family to four family with two proposed off-street parking. Extend living space and adding 4th dwelling unit to basement. Construct new side entry porch.


    Case: BOA-761601,  Address: 54 Pleasant Street,  Ward 13  Applicant: Travis Blake

    Article(s): 65(65-65-41) 65(65-39) 65(65-42) 65(65-8) 65(659: # of allowed stories has been exceeded, Insufficient side setback, Max allowed height has been exceeded & Excessive F.A.R.)

    Purpose: New construction of 17 unit residential project. Existing structures are to be razed on a separate permit.


    Case: BOA-756628,  Address: 16 Claybourne Street,  Ward 15  Applicant: Ramiro Afonseca

    Article(s): 10(10-1) 65(65-9)

    Purpose: Proposed one (1) off street parking with proposed curb cut.


    Case: BOA-763749,  Address: 281-289 Adams Street,  Ward 16 Applicant: Hiep Chu, Trustee

    Article(s): 65(65-8: After school program - conditional use & Nail salon conditional use)

    Purpose: Change of use and occupancy from "22 Apartments, 4 Retail Spaces" to 22 apartments, 2 restaurants (Alt665764 already approved), 1 beauty salon (shell only), 1 after-school learning program (shell only) and 1 retail. Tenant fit outs to be performed by others on separate applications.


    Case: BOA-743366,  Address: 13-19 Mill Street,  Ward 16  Applicant: Lidia Szydlowska

    Article(s): 9(9-1)

    Purpose: Deck replacement per architectural plans. Work being done at 17 Mill St. This is an existing Two Family Dwelling.


    Case: BOA-758332,  Address: 97R Child Street,  Ward 18  Applicant: Joe Consalvo

    Article(s): 69(69-30: Two or more main dwellings on one (#97 and 97R) & #97R Conformity with existing building alignment) 69(69-9: #97R Excessive F.A.R., #97R Insufficient lot width, #97R Insufficient open space & #97R Insufficient rear yard setback) 9(9-2)

    Purpose: Legalize carriage house as a single family dwelling. This has been an existing condition for many years. No work to be done. ZBA. One of two structures on the same lot #97 Child Street is a two family dwelling.


    Case: BOA-663803,  Address: 71 Davison Street,   Ward  18 Applicant: Seventy One Davison LLC

    Article(s): 69(69-9: Rear yard insufficient, Floor area ratio excessive, Add'l lot area insufficient & Lot area insufficient) Purpose: Subdivide existing 71 Davison Street 8,832 square foot lot into two lots 4,104 square foot lot for 71 Davison Street and 4,728 square lot for 88 Pierce Street for construction of new two family dwelling. No work to be done at 71 Davison Street.


    Case: BOA-663799,  Address: 88 Pierce Street,  Ward 18  Applicant: Seventy One Davison LLC

    Article(s): 8(8-7) 69(69-8) 69(69-9: Insufficient lot size, Insufficient additional lot area per unit, Insufficient lot width, Insufficient lot frontage, Excessive F.A.R., # of allowed stories/height has been exceeded, Insufficient open space, Insufficient front yard setback, Insufficient rear yard setback & Insufficient side yard setback) 69(69-29)

    Purpose: Construct new two family dwelling on new subdivided lot created by subdividing 71 Davison Street lot 9552sf into two lots. New lot is for Pierce which shall consist of 4728sf and remaining shall be 4,104sf for 71 Davison.


    Case: BOA-721391,  Address: 6R Alveston Terrace,   Ward  19  Applicant: Lori Pace

    Article(s): 55(55-8)

    Purpose: Installation of a 100 sq. ft. Chicken Coop and run in rear yard of house. See plans filed.



    Case: BOA-742797,  Address: 28 Cedarwood Road,   Ward  19  Applicant: James Kennedy

    Article(s): 55(55-9)

    Purpose: Extend living space on attic from storage space to living space. Adding dormer windows to existing roof East side, adding skylights on west side roof. Replacing pull down 2nd floor ceiling entry to attic with stairs from 2nd to 3rd floor.


    Case: BOA-719034, Address: 79 Linden Street,  Ward 21  Applicant: 30 Gibson LLC

    Article(s): 51(51-8) 51(51-9: Lot area for additional dwelling units insufficient, Lot width insufficient, Floor area ratio excessive, Usable open space insufficient & Side yard insufficient) 51(51-56)

    Purpose: Change Occupancy from a Two (2) Family Dwelling with Four (4) Family Dwelling with 4 Off-Street Parking spaces. Also, to construct a new addition in Rear Yard. Renovate the existing structure.

  5. RE-DISCUSSIONS: 11:30a.m.

    Case: BOA-585382, Address: 6 Long Terrace, Ward 20   Applicant: Arthur Choo

    Article(s) 56(56-8 Residential Sub District: Dimensional Requirements) 

    Purpose: Combine parcel ID 2009196000 with 2009195500 to erect a new single family house. Framing plans to be submitted upon ZBA approval.


    Case: BOA-757453, Address: 653 Cummins Highway Ward 18   Applicant: Patrick Mahoney

    Article(s): 60(60-8) 60(60-9: Floor area ratio excessive, Height excessive, Rear yard insufficient, Side yard insufficient, Usable open space insufficient & Front yard insufficient) 60(60-40)

    Purpose: To erect new 5 story building with 13 residential units & 9 parking spaces as per plans.


    Case: BOA-596654, Address: 875-877 Hyde Park Avenue, Ward 18   Applicant: Robert White

    Article(s): Art. 09 Section 1 - Extension of Nonconforming Use              

    Purpose: Extend existing garage bay 10 feet for a new Registry of Motor inspection bay.


    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-739020, Address: 8 Chestnut Street, Ward 2   Applicant: Melissa Doherty

    Article(s): 58(58-8)

    Purpose: 600 g.s.f third floor addition on an existing two story single family residence. There will be a new stair as well as a master bedroom, master bath, an office and a walk-in-closet as per plan.

  6. INTERPRETATION: 12:00 p.m.

    Case: BOA-740042, Address: 55 Hull Street,  Ward Applicant: Michael Bonetti

    Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the permit ALT712386. The permit was issued as an allowed use.


    Case: BOA-747215, Address: 117 Bolton Street,  Ward Applicant: Terrence Lee

    Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the permit ERT689458. The permit was issued as an allowed use.


    Case: BOA-751038, Address: 461 Massachusetts Avenue,  Ward Applicant: Gail Phaneuf & Robert Barney

    Purpose: The petitioner's seeks a determination that the Inspectional Services Department erred in issuing the permit ALT676342. The permit was issued as an allowed use.