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Last updated: 12/06/2017 - 2:19pm

Board of appeal hearing

The board will hold a hearing on December 19, 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


    November 28, 2017 and November 16, 2017

  2. EXTENSION: 9:30a.m.

    Case: BZC-32903, Address: 188 High Street, Ward 3 Applicant: Fred Mannix

  3. HEARINGS: 9:30 a.m.

    Case: BOA-771127,  Address: 3 Allen Road,   Ward 22  Applicant: Hector Garcia

    Article(s): 51(51-9) 51(51-56)

    Purpose: Change occupancy from One family dwelling to Two family dwelling. No work to be done in existing condition for many years. (Legalize work/change in occupancy done without a permit BOA 3222/99).


    Case: BOA-778978,  Address: 88-94 Lincoln Street,   Ward  22 Applicant: Derric Small

    Article(s): 11(11-7)

    Purpose: Install a new 14'x48' (2) two sided electronic Billboard on a monopole as per plans.


    Case: BOA-777065,  Address: 64 Lincoln Street,   Ward 22  Applicant: Lincoln Street Trust of  December 1993

    Article(s): 9(9-1)

    Purpose: Amend plans to add mesh screen to Billboard to shield visibility of structural elements. No change in height, dimension, or orientation of approved structure. This application to amend issued permit (ALT24609 Tom W.).


    Case: BOA-714280,  Address: 66 Allston Street ,   Ward  21  Applicant: Jack P. Milgram

    Article(s): 51(51-8) 51(51-9: The entrance to the new units in the addition does not face the front lot line, The location of the addition on the lot does not meet the minimum lot width, Excessive F.A.R., Excessive number of stories, only 2 1/2 stories allowed, Insufficient front yard setback & Insufficient side yard setback)

    Purpose: Addition of 2 residential units, and renovation of existing two family unit. Convert from 2 units to 4 units.


    Case: BOA-777535,  Address: 15 Gilmore Terrace ,   Ward 20  Applicant: Jay Walsh

    Article(s): 56(56-8: Floor area ratio excessive & Side yard insufficient)

    Purpose: Construct a new 2 1/2 story 12x20 addition to existing single family dwelling.


    Case: BOA-776457,  Address: 96 Laurie Avenue ,   Ward 20  Applicant: Laura Nolan

    Article(s): 56(56-39) 10(10-1)

    Purpose: Paved driveway on residential lot for one car.


    Case: BOA-772036,  Address: 1251-1269 River Street,   Ward 18  Applicant: Sadiq Ahmad

    Article(s): 6(6-4)

    Purpose: Remove proviso number 1 from previous BZC#27010 and grant proviso for takeout for new owner. No plan.


    Case: BOA-716297,  Address: 1403-1405 Dorchester Avenue,   Ward 15  Applicant: Tam Nguyen

    Article(s): 65(65-9: Lot area for additional dwelling units insufficient, Floor area ratio excessive, Usable open space insufficient, Front yard insufficient, Side yard insufficient & Rear yard insufficient) 65(65-41)

     Purpose: Demolish existing Building. Erect a new 3 story Mixed-Use Building. On the Ground Floor will be Retail/Commercial Use. On the Upper Floors will be Six (6) Residential Units. There will be a Common Roof Deck on Roof. Building to be fully sprinklered.


    Case: BOA-751050,  Address: 63 Parker Hill Avenue,   Ward 10  Applicant: Bill Giovannucci

    Article(s): 9(9-1)

    Purpose: Expand 3rd floor dining room into enclosed courtyard per attached drawings. This is an amendment to permit #265673 (63 Parker Hill Avenue) Parent application ALT265673.


    Case: BOA-740701,  Address: 5 Alvah Kittredge Park,   Ward Applicant: Jonathan Correia

    Article(s): 50(50-29: Insufficient existing lot size for change of occupancy to 3 units, The extension of living space into the basement creates and excessive F.A.R. & Insufficient usable open space per dwelling unit) 50(50-43)

    Purpose: Change occupancy back to its original use as a three family dwelling extend living space into the basement.











    Case: BOA-746997,  Address: 1002-1004 Tremont Street,   Ward Applicant: Sheryl Furari

    Article(s): 9(9-1) 50(50-26: Insufficient remaining lot width, Insufficient remaining lot are for existing structure (4000sf req.), Insufficient addition lot area per dwelling unit remaining, Insufficient lot frontage width, Excessive F.A.R., Insufficient open space (200sf/Unit req.) & Insufficient side yard setback (10' min)

     Purpose: Tremont Street Development LLC owns both 1008-1012 Tremont Street, Mission Hill 02120 Parcel ID#0902006000 and 1002-1006 Tremont Street, Mission Hill 02120. Parcel ID# 0902008000. Owner is proposing to combine and subdivide the two lots described above. Currently 1008-1012 Tremont Street, Mission Hill 02120. Parcel ID# 0902008000 has 2340 Square Feet of land. Owner is proposing, as shown on plan labeled "Subdivision Plan", to take 1554 Square Feet of land from 1002-1006 Tremont Street, Mission Hill 02120. Parcel ID#0902008000 and grant it to 1008-1012 Tremont Street, Mission Hill 02120 Parcel ID# 0902006000. The proposed new Square Footage of 1002-1006 Tremont Street, Mission Hill 02120. Parcel ID#090200800 will be 786 Square Feet. The proposed new Square Footage of 1008-1012 Tremont Street, Mission Hill 02120 Parcel ID#090200600 will be 3951 Square Feet. Please note 1002-1008 Tremont Street, Mission Hill 02120 Parcel ID#0902008000 has an existing structure on it that takes approximately 786 square feet of land. 1008-1012 Tremont Street, Mission Hill 02120 Parcel ID#0902006000 is open filed with an existing ERT permit.


    Case: BOA-767700,  Address: 50 Malden Stteet ,   Ward Applicant: Robert Weintraub

    Article(s): 64(64-15)

    Purpose: South Proper - Change occupancy to include restaurant with Live Entertainment not operating after 10:30 pm. In conjunction with issued permit ALT720518.


    Case: BOA-767739,  Address: 76 Mount Pleasant Avenue,   Ward Applicant: Loretta Bryant-Bogard

    Article(s): 50(50-43)

    Purpose: Build driveway next to home for parking for two cars.


  4. HEARINGS: 10:30 a.m.

    Case: BOA-764493,  Address: 545-547 East Eighth Street ,   Ward Applicant: Anthony Virgilio

    Article(s): 27S(27S-5S) 68(68-8: Usable open space insufficient & Floor area ratio excessive)

    Purpose: Change occupancy from store and two family to 3 family renovate all floors with new electrical new plumbing sprinklers and all finishes.


    Case: BOA-761001,  Address: 542 East Sixth Street,   Ward Applicant: John Hall

    Article(s): 68(68-27S-5) 68(68-29)

    Purpose: Interior renovation of all three units. Add 3 baths. Remodel kitchens. Remove load bearing wall on 3 floors and add lvl for support. Construction new roof deck.


    Case: BOA#761000,  Address: 542 East Sixth Street ,   Ward Applicant: John Hall

    Purpose: Interior renovation of all three units. Add 3 baths. Remodel kitchens. Remove load bearing wall on 3 floors and add lvl for support. Construct new roof deck. Section 8th 780CMR 1021 Number of Exits and Continuity. Section 1021.1 Exits from stories. All spaces with each story shall have access to the minimum number of approved independent exits as specified in Table 102.1 based on the occupant load of the story. 8th 780CMR 2009IEBC 804.1 Au-tomatic sprinkler systems. Automatic sprinkler systems shall be provided in all works area when required by Section 704.2 or this section. 8th 780CMR 2009IEBC 804.2 Fire alarm and detection systems. Fire alarm and detection systems complying with Sections 704.4.1 and 704.4.3 shall be provided throughout the building in accordance with the International Building Code.


    Case: BOA-759952,  Address: 429 East Third Street,   Ward Applicant: Michael Rooney

    Article(s): 68(68-8) 68(68-33)

    Purpose: Add two parking spaces on the rear of the lot using an agreed easement with the abutter at 427 E Third Street/530 E Broadway.


    Case: BOA-718053,  Address: 20 Gillette Park ,   Ward Applicant: Ken Fields

    Article(s): 6(6-3A)

    Purpose: Ancillary parking lots for 164 vehicles to support office uses at Channel Center. Lots 8 & 9.


    Case: BOA-770566,  Address: 242 West Fifth Street,   Ward Applicant: Robert Clogston

    Article(s): 68(68-29) 27S(27S-5S)

    Purpose: Construct approx 16x20 roof deck, with spiral access (stair kit to code) eplan attached.


    Case: BOA-735866,  Address: 383 Commonwealth Avenue,   Ward Applicant: The Church Realty Trust

    Article(s): 15(15-1) 2(2-2-1)

    Purpose: Change occupancy from a 5 unit building to a 6 unit building. Build out the new unit in the basement as per plan. Building code review has been deferred at this time.


    Case: BOA-769668,  Address: 314 Newbury Street,   Ward  5 Applicant: Thomas Tryowski

    Article(s): 8(8-7: Outdoor seating is forbidden use & Restaurant is conditional use) 13(13-1: Rear yard insufficient & Floor area ratio excessive) 32(32-4) 9(9-1)

    Purpose: Change occupancy from five (5) residential units, threading spa and take-out restaurant to four (4) residential units and restaurant (garden level and first floor). Construct two-story rear addition with roof deck. Construct new front patio with twelve (12) outdoor seating.


    Case: BOA-762098,  Address: 75-77 Dartmouth Street,   Ward Applicant: Michael Khoury

    Article(s): 7(7-4)

    Purpose: Remove proviso for petitioner only for with take-out. No work to be done.





    Case: BOA-761283,  Address: 1 Beacon Street ,   Ward Applicant: OBS Reit, LLC

    Article(s): 9(9-1) 45(45-5) 45(45-14)

    Purpose: Application to erect two single story additions for lobby space and one additional floor infill for future tenant shell only for a Restaurant use, to an existing, 1,017,992 square foot legally existing non-conforming structure; the additions total approximately 8,850 square feet Revised 9.22.17.


    Case: BOA-759482,  Address: 3 Pond Street Place ,   Ward  3 Applicant: Reetu Khosla

    Article(s): 54(54-10: Excessive F.A.R. & Insufficient rear yard setback) 54(54-8) 32(32-4)

    Purpose: Confirm the Occupancy as a One Family Dwelling and also add a 2 story addition and renovate as per plans. Construction set to be submitted upon ZBA approval.


    Case: BOA-759869,  Address: 308 Bunker Hill Street,   Ward Applicant: Enda Madigan

    Article(s): 62(62-25) 62(62-8)

    Purpose: Enlarge head house. Build roof deck. Build rear deck (short forms on file for other work).


    Case: BOA-767744,  Address: 134 High Street ,   Ward Applicant: Rich Shea

    Article(s): 62(62-8)

    Purpose: Build new roof deck with PT framing composite decking, 42" privacy wall and cable railings. Install new sky light.


    Case: BOA#767745,  Address: 134 High Street,   Ward  2  Applicant: Rich Shea

    Purpose: Build new roof deck with PT framing composite decking 42" privacy wall and cable railings. Install new skylight. Section 1009.13.1 Roof Access. Where a stairway is provided to an occupied roof stair access must be performed through a penthouse.


    Case: BOA-775971,  Address: 268 Bremen Street,   Ward  1 Applicant: Diane Modica

    Article(s): 53(53-56: Off-Street parking reg's & Insufficient maneuvering area) 53(53-9: Rear yard insufficient, Side yard insufficient, Usable open space insufficient, Building height excessive (feet), Building height excessive (stories), Floor area ratio excessive, Add'l lot area insufficient & Lot area insufficient)

    Purpose: Demolish Existing Single Family and Erect a Three Family Dwelling with Curb Cut and Garage Parking.


    Case: BOA-755603,  Address: 158H-158 Cottage Street ,   Ward Applicant: John White

    Article(s): 53(53-52)

    Purpose: Exclusive to Unit # 4 Use only.


    Case: BOA-752314,  Address: 229 East Eagle Street,   Ward  1 Applicant: Joseph Trichilo

    Article(s): 53(53-8) 53(53-56) 53(53-9: Insufficient additional lot area/unit, Excessive F.A.R. & Excessive height to include # of stories)

    Purpose: Erect a 4 unit residential dwelling.


    Case: BOA-735385,  Address: 227 Havre Street ,   Ward Applicant: 227 Havre Street LLC

    Article(s): 53(53-9: Add'l lot area insufficient, Floor area ratio excessive, Building height excessive (stories), Building height excessive (feet), Usable open space insufficient & Rear yard insufficient) 53(53-57.2) 53(53-56) 53(53-8) Purpose: Erect new six (6) unit multi-family residential dwelling with six (6) off-street parking in ground floor garage. Combine two lots (Parcel ID 0106244000 and 0106246030) into one lot to be 3,915 SF.



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

    Case: BOA-763012, Address: 40 Coinston Road  Ward: 20, Applicant: James Lesnick

    Article(s): 67(67-9)

    Purpose: Create additional living/recreation space by remodeling existing basement as per attached plans. Add additional egress to exterior.


    Case: BOA-613478, Address: 820 William T Morrissey BLVD, Ward: 16, Applicant: Outfront Media, LLC

    Article(s): 65(65-40) 11(11-7)

    Purpose: Replace both sides/faces of existing 48' wide by 14' high billboard, one side currently Static and the other side Tri-Vision, with new digital signage cabinets. Replace existing steel structure in kind. Change occupancy to include billboard See L/F 0876/2004.


    Case: BOA-683450, Address: 15 Woolson Street  , Ward 14   Applicant: Cecil Hansel

    Article(s): 60(60-40) 60(60-8)

    Purpose: Change occupancy from a three family to a four family and renovate and install sprinkler. Legalize existing condition


    Case: BOA-617813, Address: 173 Humboldt Avenue, Ward  12 Applicant: John Samaan

    Article(s): 50(50-28)

    Purpose: Increase lodging from 10 to 20 persons, no work to be done, changing beds from one bed to two per room (previous drawings submitted to indicate building systems)


    Case: BOA-616257, Address: 153-173 Kneeland Street, Ward: 3, Applicant: Marilois Snowman

    Article(s): 11(11-6) 44(44-5)        

     Purpose: Accessory and non-accessory billboard