Zoning Board of Appeal hearing

November 12, 2019

Case: BOA-594105 Address: 157 Cottage Street Ward 1 Applicant: Brian Scagliola

Case: BOA-1016770 Address: 121 Saint Stephen Street Ward 4  Applicant: Timothy Burke

Article(s): 32(32-4)

Purpose: Foundation & Structural repairs as per Structural Engineers plans, Pointing & Repairs to Exterior Masonry, New Roof, Upgrade Electrical & Plumbing systems to code, Sprinkler System, Fire & Security System, Insulation, Sheetrock, Carpentry, Upgrade Kitchens/Bathrooms per Architects plans, Painting.

Case: BOA-1015980  Address: 374-382 Congress Street Ward 6 Applicant: Kevin Joyce

Article(s): 32(32-4)

Purpose: Erect entry trellis structure and construct outdoor patio seating and service area for use by Pink Taco Restaurant as per plans filed herewith. Electrical and plumbing under separate permit. Use of premises applied for under application no. U491005454.

Case: BOA#1015627 Address: 920-926 Morton Street Ward 17 Applicant: Johnson Ogbeide

Purpose: Change legal occupancy from store to 2 retail stores, restaurant, & Beauty salon. All work done on SF281391, SF244243. Section: 9th Edition 780 CMR CHPT 09 Chapter 09. [F] 903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds 1,500 square feet (139.4 m2) and where there is not provided not fewer than one of the following types of exterior wall openings: 1.1 Openings below grade that lead directly to ground level by an exterior stairway complying with Section 10111 or an outside ramp complying with Section 1012. Openings shall be located in each 50 linear feet (15 240 mm), or fraction thereof, of exterior wall in the story on at least one side. The required openings shall be distributed such that the lineal distance between adjacent openings does not exceed 50 feet (15 240 mm).

Case: BOA#1015422 Address: 411 Shawmut Avenue Ward  9 Applicant: Adam Grassi

Purpose: Add new roof deck w/spiral staircase, frame new skylight openings, replace roofing and renovated bathroom. Section: 9th 780 CMR 1011 Stairways. 1011.12.2 Roof access. Where a stairway is provided to a roof, access to the roof shall be provided through a penthouse complying with Section 1510.2. Section 780  CMR 1011 Stairways. 1011.3 Headroom. Spiral stairway complying with Section 1011.10 are permitted a 78 inch headroom clearance.

Case: BOA-961472 Address: 210 Bremen Street Ward 1Applicant: 210 Bremen Street, LLC

Article(s): 27T-5 53(53-9)

Purpose: Amend ALT897671 to include a roof deck.

Case: BOA-997894  Address: 37 Horace Street Ward  1 Applicant: Joseph Trichilo

Article(s): 53(53-8) 53(53-9: Floor area ratio excessive, Building height excessive, Building height (# of stories) excessive, Side yard insufficient & Rear yard insufficient) 53(53-56) 27T(27T-9)

Purpose: Raze existing building and combine lots with parcel numbers 0104274145 and 0104275000 to create one lot consisting of 7,268 s.f.  Erect a Nine (9) Unit Residential Dwelling with Parking for Fourteen (14) Vehicles.  See ALT952947.

Case: BOA-998964  Address: 38 Lexington Street Ward 1 Applicant: 38 Lexington Street, LLC

Article(s): 53(53-8) 53(53-9: Floor area ratio excessive, Bldg height excessive (stories), Bldg height excessive (feet), Front yard insufficient, Side yard insufficient & Rear yard insufficient) 53(53-56.5(a) Off-street pkg maneuverability) 53(53-56: Off-street parking & loading req) 53(53-57) 27T(27T-5)

Purpose: Raze existing building and erect a 4 unit residential dwelling with rear and roof decks and parking in rear.

Case: BOA-998963 Address: 100 Lexington Street Ward 1 Applicant: Volnay Capital LLC

Article(s): 53(53-8) 53(53-9: Floor area ratio is excessive, Height is excessive (stories), Height is excessive (ft), Front

yard setback requirement is insufficient, Side yard setback requirement is insufficient & Rear yard setback requirement is insufficient) 53(53-56: Off street parking insufficient & Off-street parking req'mnt) 27T(27T-5)

Purpose: Raze existing buildings and erect a 9 unit residential dwelling with parking for 9 vehicles on newly created lot. See ALT940733 and ALT940730.

Case: BOA-1013472  Address: 154 Lexington Street Ward  1 Applicant: 154 Lexington Street LLC

Article(s): 27T-5 53(53-9: Floor area ratio excessive & Rear yard insufficient) 53(53-52)

 Purpose: Amend ALT907988. Modify deck on second floor. Construct new roof deck. Construct partial addition to align exterior wall.

Case: BOA-1003908 Address: 224 Princeton Street Ward 1 Applicant: Ryan Acone

Article(s): 53(53-9: Lot area for the add'l dwelling units is insufficient, Floor area ratio is excessive, Height requirement is excessive (stories), Height requirement is excessive (ft), Front yard setback requirement is insufficient, Side yard setback requirement is insufficient, Rear yard setback requirement is insufficient & Usable open space is insufficient) 53(53-56) 53(53-8) 27T-5

Purpose: Four story with a four unit building, with one unit on each story. No parking. Exterior stair at rear of building, private roof deck.

Case: BOA-993940  Address: 60-66 Cambridge Street Ward 2 Applicant: Edward Owens

Article(s): 62(62-17)

Purpose: Increase existing open-air parking lot license (OPAIR-78695) from 193 vehicles to 431 vehicles and demo existing warehouse building.

Case: BOA-1016697  Address: 7 Cook Street Ward 2 Applicant: James Kingston

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

Purpose: Interior gut renovation and extension of living space to basement. Add roof deck and replace exterior siding and trim.

Case: BOA-971179 Address: 8-12 Battery Street Ward 3 Applicant: Mark Little

Article(s): 54(54-18) 54(54-10)

Purpose: Construct roof deck as per plans.

Case: BOA-957171 Address: 49-49R Charter Street Ward  3 Applicant: Simcha Weller

Article(s): 54(54-10: Floor area ratio excessive, usable open space insufficient & Rear yard insufficient) 54(54-18) 54(54-21)

Purpose: Seeking to change the occupancy from a six-family residential dwelling to an seven-family residential dwelling. Also, to erect a one-story addition to expand living space for unit 6, legalize the existing basement living space, and to renovate the building to have a full sprinkler system.

Case: BOA- 995641 Address: 23 Unity Street Ward  3 Applicant: Doug Scire

Article(s): 54(54-10: Excessive F.A.R. & Insufficient rear yard setback (10' minimum))

Purpose: Seeking to erect a first floor rear addition.

Case: BOA-990942 Address: 131 Appleton Street Ward 4 Applicant: Lan Ho

Article(s): 64(64-8: Forbidden use hair salon, Forbidden use attorney office (professional office) & Forbidden use art gallery)

Purpose: Original two apartments and two stores on the ground floor. Ground floor was previously two commercial uses. The ground floor was altered prior to purchase to accommodate three commercial uses. These uses are a hair salon, attorney office and art gallery. No changes to exterior elevation. change occupancy to include a third commercial space.

Case: BOA-1003817 Address: 32 Appleton Street Ward 5  Applicant: Eric Seitz

Article(s): 64(64-9: Town house/row house extension into rear yard & Dimensional regulations applicable in residential sub districts) 64(64-34)

Purpose: Add rear balcony and roof deck - to amend ALT968574. 

Case: BOA-1014209 Address: 87 O Street Ward  6 Applicant: Melissa Hughes

Article(s): 68(68-8: Front yard setback requirement is insufficient & Side yard setback requirement is insufficient) 68(68-29) 27S(27S-5)

Purpose: Addition of 3rd floor & basement renovation.

Case: BOA-982800 Address: 74 Brookley Road Ward 11 Applicant: Marcy Ostberg

Article(s): 55(55-9)

Purpose: We are turning the existing basement into a conditional living space with a bathroom, bedroom, office, family room and workshop.

Case: BOA#982802  Address: 74 Brookley Road Ward  11 Applicant: Marcy Ostberg

Purpose: We are turning the existing basement into a conditional living space with a bathroom, bedroom, office, family room and workshop. Section: 9th Edition 780 CMR CHPT 02 Chapter 02. Section 202. Dwelling unit definition a single unit providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Case: BOA-1004357 Address: 71-73 Humboldt Avenue Ward 12 Applicant: Niles Sutphin

Article(s): 53(53-8) 53(53-56) 50(50-29)

Purpose: Change of Use and Occupancy; Existing Use Day School; Demolish existing Day School; Renovate existing space to construct two (2) new dwelling units; All new systems; Existing building is currently multi-family non sprinklered.

Case: BOA-1003945 Address: 20 Winthrop Street Ward 12 Applicant: Derric Small

Article(s): 9(9-1) 50(50-1)

Purpose: Unit One Basement Level will be undergoing level three alterations. to Amend ALT803509. *Unit #1 extension of living space into basement area.

Case: BOA-1008317 Address: 94 Alexander Street Ward  13 Applicant: Robert Nicholas

Article(s): 65(65-8: Use multifamily dwelling forbidden & Use accessory parking forbidden) 65(65-9: Lot area for additional dwelling units insufficient, Floor area ratio excessive, Usable open space insufficient & Front yard insufficient) 65(65-41)

Purpose: Combine existing Lots @ 92 / 94 Alexander Street.  New Lot size to be 4,673 sq ft.  Change Occupancy from a Single Family Dwelling to a Four ( 4 ) Family Dwelling.  Construct a new 3 story addition onto existing 3 story Building.  There will be Off-Street Parking located at-grade in Rear Yard.  Dwelling will be fully Sprinklered.

Case: BOA-917193 Address: 18 Middleton Street Ward 14 Applicant: Harold Raymond

Article(s): 60(60-9: Lot area insufficient, Front yard insufficient, Rear yard insufficient, Side yard insufficient, Usable open space insufficient & Floor area ratio excessive) 60(60-37)

Purpose: New construction of two family on vacant land.

Case: BOA-980910 Address: 493 Washington Street Ward  17 Applicant: Andrew Bulman

Article(s): 65(65-15) 65(65-41)

Purpose: Interior fit-up work for new tenant "Dollar Tree" in existing retail building. Stockroom, office, employee area, two accessible restrooms, drinking fountain, mop sink.

Case: BOA-941673 Address: 717-721 American Legion Highway Ward  18 Applicant: Silver Therapeutics, Inc

Article(s): 67(67-11)

Purpose: Change of Occupancy and renovation of existing commercial greenhouse(nursery) to Cannabis Establishment. Applicant also proposes partial demolition of existing greenhouse structures, add a new building entrance/waiting area and modify the existing layout and conditions of the interior of the building pursuant plans submitted with application.

Case: BOA-937921 Address: 1449-1453 Hyde Park Avenue Ward 18 Applicant: 1449 LLC

Article(s): 69(69-29) 69(69-30) 69(69-8) 69(69-9: Insufficient rear yard setback, Insufficient lot size, Excessive F.A.R., Number of allowed stories exceeded, Insufficient usable open space, Insufficient additional lot area/dwelling unit, Insufficient usable open space, Insufficient lot width & Insufficient lot area width frontage)

Purpose: Change occupancy of two family into an 11 unit MFR dwelling and construct addition per plan submitted. (This is one of two structures on the same lot, other structure is a two family (a.k.a. 8 Dacy Street).

Case: BOA-978482 Address: 9-11 Catherine Street Ward 19 Applicant: John Lydon

Article(s): 55(55-9: Add'l lot area insufficient, Side yard insufficient, Rear yard insufficient, Floor area ratio excessive, Usable open space insufficient, Bldg height excessive (feet) & Bldg height excessive (stories)) 55(55-41.12) 55(55-8) Purpose: Construction of two shared wall, townhomes. To be one of two structures on the same lot (See. ERT950568). Each townhome to consist of three bedrooms, two and one half bathrooms, first floor garage parking suf-ficient for two cars, and a roof-deck.

Case: BOA-978464 Address: 13-15 Catherine Street Ward 19 Applicant: John Lydon

Article(s): 55(55-9: Add'l lot area insufficient, Floor area ratio excessive, Bldg height excessive (feet), Bldg height excessive (stories), Side yard insufficient & Usable open space insufficient) 55(55-8) 55(55-41.12)

Purpose: Construction of two shared wall, townhomes. To be one of two structures on the same lot (See. ERT950564). Each townhome to consist of three bedrooms, two and one half bathrooms, first floor garage parking sufficient for two cars, and a roof-deck.

Case: BOA-1012285 Address: 17-31 Charles Park Road  Ward 20 Applicant: West Brighton Acquisitions, LLC

Purpose: Conditional Use & Variance Article(s): 56(56-15) 56(56-16) 56(56-40.12) Purpose: Combine PID#2009237000-13977 SQFT and PID#209236000-12242 SQFT to create a new lot of 26219 sqft(SEE ALT 995947). for the construction of 8 new attached townhouses, numbers 17-31, fronting on Charles Park Rd, each with one garage parking space and one surface parking space. *This is one of two main dwellings on one lot (see ERT997994).

Case: BOA-1012286 Address:  180-198 Gardner Street  Ward 20 Applicant: West Brighton Acquisitions, LLC

Article(s): 56(56-15) 56(56-16) 56(56-40.12)

Purpose: Combine PID#2009237000-13977 SQFT and PID#209236000-12242 SQFT to create a new lot of 26219 sqft(SEE ALT 995947). for the construction of 10 new attached townhouses, numbers 180-198, fronting on Gardner St each with one garage parking space and one surface parking space. *This is one of two main dwellings on one lot (see ERT997991).

Case: BOA-1012287 Address: 199 Gardner Street  Ward 20 Applicant: West Acquisitions, LLC

Article(s): 56(56-15)

Purpose: Combine PID# 2009220000-16,088 square feet and PID#2009221000-10,888 square feet (SEE ALT995958, to create a new lot of 36,183 square feet for construction of a new four story building comprised of 70 units with 44 garage parking spaces and 26 surface parking spaces for a total of 70 parking spaces.

Case: BOA-980075 Address: 37 Colberg Avenue Ward 20 Applicant: Adam D. Rogoff Attorney at Law, P.C.

Article(s): 67(67-8) 67(67-9: Lot area insufficient, Floor area ratio excessive & Usable open space insufficient) 67(67-32)

 Purpose: Change is use from two-family residential to three-family. The change of use will conform to existing conditions, which were present at the time owner purchased property.

Case: BOA-1014145 Address: 11 Tafthill Terrace Ward 20 Applicant: Jay Walsh

Article(s): 67(67-8) 67(67-9: Floor area ratio excessive, Bldg height excessive (stories), Bldg height excessive (feet), Usable open space insufficient, Front yard insufficient, Side yard insufficient & Rear yard insufficient) 67(67-32) Purpose: Erect new 16 unit residential building as per plans. ZBA.

Case: BOA-954154 Address: 48 Allston Street Ward 21 Applicant: Patrick Foley

Article(s): 51(51-8) 51(51-9: Floor area ratio is excessive, Height requirement is excessive (stories), Height requirement is excessive (ft), Front yard setback requirement is insufficient, Side yard setback requirement is insufficient, Rear yard setback requirement is insufficient & Location of main entrance of a dwelling shall face the front lot line) 51(51-40-5(a)) Purpose: Erect a new 9 unit residential building with parking on ground level, as per plans. Existing house to be razed under separate permit. Permit set to be submitted upon ZBA approval.

Case: BOA-1012883 Address: 506-512A Park Drive Ward 21  Applicant: William Mohan  

Article(s): 8(8-7)

Purpose: Change of Occupancy from Convenience Store to Restaurant with Take-Out (Domino's Pizza).

45 Minute Lunch Break

Case: BOA-961467  Address: 47-51 Webster Street  Ward 1 Applicant: Fratt, LLC

Article(s):9(9-1)

Purpose: Restaurant outdoor seating for 22 with food and alcohol service.

Case: BOA-1005501 Address: 24-26 Elm Street Ward  2 Applicant: 24-26 Elm St, LLC

Article(s): 62(62-8)

Purpose: To change occupancy from a 2-family dwelling to a three-family dwelling. Also, to renovate the building, including a rear addition.

Case: BOA-885367 Address: 6 Lagrange Place Ward  8  Applicant: The Greenville Group

Article(s): 10(10-1) 50(50-28) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29) 50(50-29)

Purpose: To raze existing structure and erect a three story building with eight residential units and eight parking spaces.

Case: BOA-969080  Address: 13B River Street  Ward 17 Applicant: Lucio Trabucco

Article(s):65(65-42: Conformity with Existing Building Alignment & Two or More Dwellings on the Same Lot)

65(65-9: Lot Area Insufficient, Lot Frontage Insufficient, Floor Area Ratio Ex-cessive, Building Height Excessive (ft), Building Height (# of Stories) Excessive, Usable Open Space Insufficient & Rear Yard Insufficient)

Purpose: Erect a new 4 story, Two ( 2 ) Family Dwelling on existing 11,663 sq ft Lot.  Parking will be located under Building.  This will be 1 of 3 Dwellings located on the Same Lot.  Building will be fully Sprinklered. Reference ERT892724 ( 13A River Street ) and ALT892712 existing building at 13 River Street.

Case: BOA-969078  Address: 13A River Street  Ward 17 Applicant: Lucio Trabucco

Article(s):65(65-42: Conformity with Existing Building Alignment & Two or More Dwellings on the Same Lot)

65(65-9: Main Entrance to a Dwelling shall Face the Front Lot line, Lot Area Insufficient, Lot Frontage Insufficient, Floor Area Ratio Excessive, Building Height Excessive, Building Height ( # of Stories ) Excessive, Usable Open Space Insufficient, Front Yard Insufficient & Side Yard Insufficient)

Purpose: Erect a new 4 story, Two ( 2 ) Family Dwelling on existing 11,663 sq ft Lot.  Parking will be located under Building.  This will be 1 of 3 Dwellings located on the Same Lot.  Building will be fully Sprinklered. Reference ERT892728 (13B River Street) and ALT892712 existing building at 13 River Street.

Case: BOA-969070  Address: 13 River Street  Ward 17 Applicant: Lucio Trabucco

Article(s):65(65-42) 65(65-9: Floor Area Ratio Excessive, Building Height ( # of Stories ) Excessive,

Usable Open Space Insufficient & Side Yard Insufficient) 

Purpose: Addition & Alterations to existing structure @ 13 River St - please see ERT892724 for 13A River St and ERT892728 for 13B River St (separate buildings in the rear of the lot.) ERT835368 incorrect application for work described.

Case: BOA-878988 Address: 822 Canterbury Street Ward 18  Applicant: Edwin Solano

Article(s): 67(67-8: 2 Family is a forbidden use & Basement units are forbidden for this location) 67(67-9: Insufficient usable open space, Insufficient rear yard setback & Excessive F.A.R.) 67(67-32)

Purpose: Add new basement unit and change occupancy from single family to two family per submitted plans.

Case: BOA-981595  Address: 1531 Centre Street Ward: 20  Applicant: Damon Darienzo

Article(s): 9(9-1) 56(56-8)

Purpose: Extend first floor unit of 2 family residential home into basement - adding 4 rooms (entertainment room, office, bathroom, wet bar area).

Case: BOA-991573  Address: 18 Caspar Street Ward: 20  Applicant: Christine Kennedy

Article(s): 56(56-8: Excessive F.A.R. & Insufficient side yard setback)

Purpose: Extend existing level into attic area to create one living level. HOME OWNER APPLICATION. *Scope of work clarification: Gut rehab of 1.5 Story Bungalow structure and increase to a two story dwelling in accordance with the submitted architectural plans and survey which identifies "New Addition" to be constructed.

Case: BOA-997186  Address:  70 Fletcher Street Ward: 20  Applicant: Gena Mavuli

Article(s): 67(67-32) 67(67-9: Add'l lot area insufficient, Floor area ratio excessive & Bldg height excessive (stories)) 67(67-9.3)

Purpose: Remove window on 3rd floor for new door and deck, Install 60" diameter spiral staircase. Enclose risers on all steps. Change occupancy to two family.

Case: BOA- 1004846 Address: 2R Perham Street Ward: 20  Applicant: Steven Petitpas

Article(s): 9(9-1)

Purpose: Renovate total home from fire and add addition.

Case: BOA-984586  Address: 11 Robin Street Ward:  20 Applicant: Phillip Cheetham

Article(s): 56(56-8)

Purpose: Renovate kitchen and adding a full bathroom off master bedroom.

Case: BOA-977602  Address: 56 Russett Road Ward: 20  Applicant: Jingsong Cao

Article(s): 9(9-1) 56(56-8: Floor area ratio excessive, Bldg height excessive (stories), Rear yard insufficient & Side yard insufficient) 

Purpose: Propose to have an addition of dormer in the attic level to extend the living area (vertical extension). The extended living area will belong to the 2nd floor unit (unit #2).

Case: BOA-999433  Address: 44 Zeller Street  Ward: 20  Applicant: Jessie Lortie

Article(s): 67(67-9)

Purpose: Replace existing deck, rear with two stories addition. Remodel existing kitchen.

Case: BOA-991005  Address: 6 Martinwood Road Ward:  19 Applicant: Giannalda Fontana

Article(s): 55(55-40) 55(55-9: Side yard insufficient & Front yard insufficient)

Purpose: Construct carport and rear mudroom addition to existing one family dwelling.

Case: BOA-987407  Address: 10 Draper Road  Ward:  18 Applicant: Clayton Samuels

Article(s): 69(69-9)

Purpose: Extend living space to basement on existing single-family dwelling. Perform interior ONLY, Non-structural. ZBA.

Case: BOA-993725  Address: 123 Glendower Road Ward: 18   Applicant: Guerda Conservce

Article(s): 67(67-9)

Purpose: Legalize existing work and basement and install new windows (2) and install new door.

Case: BOA-1001324  Address: 11 Walter Street Ward: 18  Applicant: Pamela Bardhi

Article(s): 69(69-8)

Purpose: Change Occupancy from  a One Family Dwelling to a Two ( 2 ) Family Dwelling & Workshop.  Existing condition for many years. No work to be done. I am only confirming a pre-existing Occupancy that is not reflected on ISD files and filing the correct documentation to make sure this is listed under the correct Occupancy.

Case: BOA-934040  Address: 33 Moultrie Street Ward: 17  Applicant: Nha Tran

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

Purpose: Adding a full bath in the basement.

Case: BOA-1001591  Address: 1664-1668 Dorchester Avenue  Ward: 16  Applicant: Future Leaders LLC

Article(s): 65(65-8)

Purpose: Change occupancy from cafe to daycare. Simple build out, sheet rock, painting, and flooring.

Case: BOA-989792  Address: 15-17 Tovar Street  Ward: 15  Applicant: Maria Gomes

Article(s): 10(10-1) 65(65-41) 65(65-9)

Purpose: Driveway Curb Cut. - I'm planning to remove a small shed on the side of the house to create extra space for parking, and pave the area. - I will also be removing a portion of the wall fence to create an entrance for the car. - Once the shed is removed the space would be 32' W x 16' L.

Case: BOA-984307  Address: 302-316 Bowdoin Street Ward: 15  Applicant: Elliott Beale

Article(s): 6(6-4)

Purpose: Remove proviso for take-out granted to this petitioner owner only.

Case: BOA-997066  Address: 34 Midland Street Ward: 13  Applicant: Mark Collins

Article(s): 65(65-9)

Purpose: Repair landings. Extend living space into basement for family room.

Case: BOA-979443  Address: 78 Harbor View Street Ward: 13  Applicant: Tuan Nguyen

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

Purpose: Construct new side addition for kitchen expansion on existing two-family dwelling.

Case: BOA-1003971  Address: 26 Jamaica Street Ward: 11  Applicant: Rebecca Rollins

Article(s): 55(55-9)

Purpose: Confirm Occupancy as a One Family dwelling as well as renovate interior, add bathroom, add bump-out additions on front and side, expand second floor above bump-outs.

Case: BOA-1000963  Address: 4 Noble Court Ward: 1  Applicant: Kristen Day

Article(s): 53(53-9)

Purpose: Confirm occupancy as single family dwelling and add a rear deck.