Zoning Board of Appeal hearing

January 26, 2021

February 2, 2021

Case: BOA- 746305 Address:4-8 Tileston Street Ward 18 Applicant: Robert Burk

Case: BOA-827500 Address: 72 Burbank Street Ward 4 Applicant: Leah Camhi

Case: BOA- 826724 Address: 1199-1203 Blue Hill Avenue Ward 14 Applicant: Armand Veliaj

Case: BOA-785812 Address: 86 Princeton Street Ward 1 Applicant: Salvatore Latina

Case: BOA- 667111 Address: 151 Liverpool Street Ward 1 Applicant: City Point Liverpool, LLC (by Anthony Leccese, Esq)

Case: BOA- 955733 Address: 95 Prescott Street Ward 1 Applicant: Celeste Ribeiro Hewitt

Case: BOA-901824 Address: 23 Blake Street Ward 18 Applicant: Kandaraj Krishnakumar

Case: BOA-788662 Address: 587 Albany Street Ward 8 Applicant: Jeffrey Drago, Esq

Case: BOA-1066920 Address: 532-534 East Third Street Ward 6 Applicant: George Morancy, Esq

Case: BOA-1044698 Address: 512-514 Poplar Street Ward 18 Applicant: John Pulgini, Esq

Case: BOA-1210644 Address: 39 Appleton Street Ward 5 Applicant: John M. Moran, Esq Articles: Article 32, Section 4. GCOD, Applicability Purpose :Amend ALT1157969. Excavate new basement below seven (7) feet above Boston City Base to finish garden level per plans.

Case: BOA-1215340 Address: 96 Beachview Road Ward 1 Applicant: Derric Small Articles: Art. 09 Sec. 01 Reconstruction /Extenion of Nonconfroming Bldg Article 53 Section 9 Excessive f.a.r. Article 53 Section 9 # of allowed stories exceeded Article 53 Section 9 Insufficient side yard setback Article 53Section 9 Insufficient rear yard setback Art. 53 Sec. 56Off Street Parking Article 27T 5 East Boston IPOD Applicability Purpose: Renovate the interior and exterior of the existing two family dwelling and extend living space into the attic area. 

Case: BOA-1103476 Address: 156 Webster Street Ward 1 Applicant: Oz DBA Articles:Article 53 Section 8 Use: Basement Apartment : Forbidden Article 53 Section 8 Use: Multi family Dwelling : Forbidden Article 53 Section 9 Lot Area for Additional Dwelling Units Insufficient Article 53 Section 9Floor Area Ratio Excessive Article 53 Section 9 Usable Open Space Insufficient Article 53, Section 56 Off Street Parking Insufficient Article 27T Section 9 East Boston IPOD Applicability Article 53 Section 57 Application of Dimensional Req Article 53 Section 9 Location of a Main Entrance of a Dwelling shall face the Front Lot Line Article 53, Section 56 Off Street Parking & Loading Req Purpose :Present existing conditions; Garden Unit #4 Floor Plan Change Occupancy from Three (3) Dwelling Units to Four (4) Dwelling Units

Case: BOA- 1160527 Address: 19-21 Lancaster Street Ward 3 Applicant: Lancaster Parking, LLCArticles: Art. 06 Sec. 03A Additional Conditions in Restricted Parking District - Relief is required from BOA for extension of use Purpose : The Applicant seeks to continue to use the premises for an open air public parking lot for a fee, capacity 17 spaces beyond existing expiration date of December 31, 2021, under Permit #U49821150 in conjunction with use of adjoining premises at 73 75 Causeway Street and 31 39 Lancaster Street.

Case: BOA-1160297 Address: 73-75 Causeway Street Ward 3 Applicant: Lancaster Parking, LLC Articles: Section 6 3A Restricted Parking District -Relief is required from BOA for extension use Purpose :The Applicant seeks to continue to use the premises for an open air public parking lot for a fee capacity two (2) handicap parking spaces beyond expiration date of December 31, 2021, under Permit #U49821161, in conjunction with 19 21 Lancaster Street and 31 39 Lancaster Street.

Case: BOA-1160299 Address: 31-39 Lancaster Street Ward 3 Applicant: Lancaster Parking, LLC Articles:Art. 06 Sec. 03A Additional Conditions in Restricted Parking District - Relief is required from BOA for extension of use Purpose : The Applicant seeks to continue to use the premises for an open air public parking lot for a fee, capacity 31 spaces beyond existing expiration date of December 31, 2021, under Permit #U49821167, in conjunction with use of adjoining premises at 19 21 Lancaster Street and 73 75 Causeway Street.

Case: BOA-1194015 Address: 5 Durham Street Ward 4 Applicant: Duane Lefevre & John Burke Articles: Article 16, Section 8 Roof Structure Restrictions Art. 41, Sec. 5 Excessive F.A.R. Article 41 Section 6 Rooftop Addtns. in Prot. Area Purpose : Renovate kitchen and bathroom. Headhouse addition on roof deck. Extend existing stairway.

Case: BOA- 1214293 Address: 276-278 Newbury Street Ward 5 Applicant: Kojam, LLC Articles: Art. 08 Sec. 03 Restaurant is a conditional use in a B 3 65 Subdistrict. Purpose :Add Restaurant occupancy to accommodate the requested fit out on the ground and first floor. A total of 4600 square feet, the work to include a full service bar, 2 restrooms and prep kitchen in the ground level. 1st floor work to include a full service bar, hot kitchen line and full service dining room.

Case: BOA-1193715 Address: 962-968 Massachusetts Avenue Ward 8 Applicant: Joseph FeasterArticles: Article 90 Section 7 Residential use forbiddenPurpose : Change occupancy from Warehouse, Wholesale Business, Offices and Food Processing and Retail Store and add one (1) apartment dwelling unit." Removal of existing flooring and drop ceiling; install new flooring; carpentry & installation of cabinets and fixtures; new appliances and related plumbing & electrical work; painting and drywall repairs.

Case: BOA-990440 Address: 195 Dudley Street Ward 12 Applicant: Rooted In, LLC Articles: Art. 50, Section 10 Use: Conditional - Cannabis establishment use is a conditional use Art. 50, Section 10 Use: Forbidden - Cannabis establishment located less than 2640 ft away from another one is forbidden. Purpose : Change of occupancy to add Recreational Cannabis Dispensary to existing occupancy. 

Case: BOA-1166824 Address: 25 Mallon Road Ward 14 Applicant: Ralph Parent Articles: Article 65, Section 9 Lot Area Insufficient 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 Building Height ( # of Stories ) Excessive Article 65, Section 9 Front Yard Insufficient Purpose : Subdivide lot (Parcel ID: 1401230000) into two lots. Erect new semi attached single family dwelling (townhouse style) to ERT1112054. Propose one (1) off street parking. Project is part of the Department of Neighborhood Development Neighborhood Homes Initiative (NHI).

Case: BOA-1213919 Address: 2200 Dorchester Avenue Ward 16 Applicant: Gavin Foundation, INC Articles:Article 65, Section 8 Use Regulations - General Group Care Residence Use : Forbidden Article 65, Section 8 Use Regulations - Administrative Office Use : Forbidden Purpose : Change occupancy to General Group Care Residence and Administration Office. Galvin House will renovate existing building and use building as part of their substance abuse program. Interior renovations, new structural openings for new windows, entrances, facade upgrades.

Case: BOA-1181513 Address: 61 Lyndhurst Street Ward 17 Applicant: Lu McPherson Articles: Art.65 Sec. 8 Use: Forbidden Art. 65 Sec. 42^ Conformity with Existing Building Alignment Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Rear Yard Insufficient Article 65, Section 9 Floor Area Ratio Excessive Purpose : To erect a new 3 family dwelling with rear balconies and parking at the rear of the building.

Case: BOA-1016312 Address: 69 Bailey Street Ward 17 Applicant: Timothy Johnson Articles:Article 65, Section 8 Use: Multifamily Dwelling : Forbidden Article 65, Section 8 Use: Accessory Parking : Forbidden Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Building Height Excessive Article 65, Section 9 Building Height (# of Stories) Excessive Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 41 Off Street Parking Insufficient Article 65, Section 41 Off Street Loading Insufficient Article 65, Section 42 Conformity with Existing Building Alignment Purpose : Combine Parcels 4522 & 4523. Demolish existing Building. Erect a new 3 story, 21 Unit Residential Building with Solar Panels on Roof. Units will be Compact Living Units. All Units will have individual exterior patios or exterior decks. Off Street Parking will be at grade and located in the Rear Yard.

Case: BOA-1190415 Address: 713 River Street Ward 18 Applicant: Michelle Pierre-Vilmont Articles: Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Add'l Lot Area Insufficient Article 69, Section 9 Side Yard Insufficient Article 69 Section 29 Off Street Parking & Loading Req Purpose : Subdivision of Parcel 1801548000 to build a three family house at 715 River Street Hyde Park, MA. Also see ERT1174038

Case: BOA-1186247 Address: 715 River Street Ward 18 Applicant: Michelle Pierre-VilmontArticles: Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Add'l Lot Area Insufficient Article 69, Section 30.1Conformity Ex Bldg Alignment Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient Article 69, Section 9 Usable Open Space Insufficient Article 69 Section 29 Off Street Parking & Loading Req Art. 10 Sec. 01 Limitation of off street parking areas Purpose : 715 River Street. Building a three family house with front and rear decks. Also see ALT1152509

Case: BOA-1198971 Address: 196 Havre Street Ward 1 Applicant: Eduardo Castillo Articles: Article 27T 5 East Boston IPOD Applicability Article 53 Section 8 Use: Multifamily Dwelling: Forbidden Article 53 Section 9 Lot Area Insufficient Article 53 Section 9 Floor Area Ratio Excessive Article 53 Section 9 Building Height Excessive Article 53 Section 9Building Height ( # of Stories ) Excessive Article 53 Section 9Usable Open Space Insufficient Article 53 Section 9 Side Yard Insufficient Article 53 Section 9 Rear Yard Insufficient Article 53, Section 56 Off Street Parking & Loading Req-Off Street Parking Insufficient Article 53, Section 56 Off Street Parking & Loading Req- Off Street Parking Design / Maneuverability Purpose :Raze existing structure and erect a 5 Unit Residential Dwelling with rear decks and Parking for 5 vehicles.

Case: BOA-1176283 Address: 74 G Street Ward 7 Applicant: Holly O’Brien Articles: Article 68, Section 29 Roof Structure Restrictions Article 68, Section 33 Off Street Parking & Loading ReqOff Street Parking Insufficient Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Bldg Height Excessive (Feet) Article 68, Section 8 Front Yard Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Purpose : Confirm occupancy as existing single family and change to a three family and renovate. Proposed third story addition, enlarge existing head house and add a roof deck, as per plans.

Case: BOA-1203941 Address: 903-909 Massachusetts Avenue Ward 8 Applicant: WeDriveU, A Division of National Express Articles: Article 50, Section 32Use Regulations in IDA-Bus servicing and storage is a conditional use in an IDA sub district Purpose : No construction change from taxi parking lot back to bus parking lot.

Case: BOA- 1197612 Address: 10 Northampton Street Ward 8 Applicant: Christopher Corey Articles: Article 50, Section 32 Use Regulations-Use : Clinic : Conditional Purpose : No proposed construction. Commonwealth Community Care currently leases this space as Office space. They would to add Clinic to their approved uses. The Tenant occupies this building as well as the building next door at 30 Northampton Street, which received a change of use for Clinic in 2015.

Case: BOA-1211031 Address: 134 Terrace Street Ward 10 Applicant: Terrace Charlie, LLC Articles: Art. 59, Section 18 Use: Forbidden - MFR in LI zone Article 59, Section 19 Building Height Article 59, Section 19 Rear Yard Article 59, Section 19 Usable Open Space Article 59, Section 19Floor Area Ratio Art. 59, Section 37 Off Street Parking Insufficient Purpose :New construction 6 story, 5 unit multifamily building.

Case: BOA-1101900 Address: 123 Terrace Street Ward 10 Applicant: Raices On The Hill, LLC Articles: Article 59, Section 18 Use Regulations - Cannabis establishment use Conditional Purpose : Change of Occupancy to include a Cannabis Establishment. The Applicant also proposes to modify the existing layout and conditions of the interior of the Building.

Case: BOA-1216892 Address: 35 Braintree Street Ward 22 Applicant: JSIP Braintree Street, LLCArticles: Article 51, Section 19 Multi Family Dwelling Use : Forbidden Article 51, Section 20 Floor Area Ratio Excessive Article 51, Section 19Use Regulations- Artists' Mixed Use (Live/Work Units): Forbidden Article 51, Section 20 Building Height Excessive Article 51, Section 20 Usable Open Space Insufficient Article 51, Section 20 Rear Yard Setback Insufficient Purpose : 149 rental units including 25 IDP units of various sizes and 4 artist live/work loft units

Case: BOA-1053181 Address: 661-661A Tremont Street Ward 4 Applicant: James Christopher Articles: Article 64, Section 9.4 Town House/Row House Extension Article 64, Section 9Rear Yard Insufficient Article 64, Section 9 Building Height Excessive Article 64, Section 9 Floor Area Ratio Excessive Article 64 Section 9 Insufficient side yard setback Article 64, Section 34 Roof Structure Restrictions Proposed penthouse with wet bar and roof deck Article 64 Section 9 Insufficient usable open space Art. 32 Sec. 04 GCOD Applicability Purpose: To construct a rear addition, and head house as per the attached plans. No change to occupancy.

Case: BOA-1172719 Address: 136 West Eighth Street Ward 6 Applicant: Homegrown Builders, LLC Articles: Article 68, Section 8 Lot Area Insufficient 1,311sqft < 2,000sqft min. Article 68, Section 8 Add'l Lot Area Insufficient 1,311sqft < 4,000sqft min. Article 68, Section 8 Floor Area Ratio Excessive 2.4 > 2.0max Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Side Yard Insufficient 0' < 3'min Article 68, Section 8 Rear Yard Insufficient 2'avg/0.8 < 15'min (Shallow Lot & Non parallel lot line) Article 68, Section 29 Roof Structure Restrictions Article 68, Section 33 Off Street Parking & Loading Req 2 provided < 4 min. Purpose: Build new construction three family home at vacant parcel of land. Also see ALT1156178.

Case: BOA-1172724 Address: 138 Eighth Street Ward 6 Applicant: Homegrown Builders, LLC Articles: Article 68, Section 8 Floor Area Ratio Excessive Article 68. Section 8.4 Dim Regs: Extension in Rear Yard Article 68, Section 8 Side Yard Insufficient 0' < 3'min Article 68, Section 29 Roof Structure Restrictions Article 68, Section 8 Rear Yard Insufficient 10.7'avg/9.9' < 15'min (Shallow Lot & Non Parallel Lot Line) Purpose: Expand existing single family home located at 138 West 8th St. New rear and third floor finished additions. Gut renovate existing living spaces. All new systems throughout. Combining, to then sub divide, parcels 0600801000 & 0600802000, new square footage of each to be 970sqft & 1,311sqft, respectively. Also see ERT1156173.

Case: BOA-1173962 Address: 28 Hansborough Street Ward 14 Applicant: EJS Investments, Inc Articles: Article 60, Section 8 Use Regulations Multi-Family Dwelling Use: Forbidden Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Add’l Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Bldg Height Excessive (Stories) Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Bldg Height Excessive (Feet) Article 60, Section 9 Front Yard Insufficient Article 60, Section 9 Side Yard Insufficient Article 60, Section 9 Rear Yard Insufficient Article 60, Section 40 Off-Street Parking & Loading Req Inappropriate maneuvering area. Proposed Driveway is less Than 10’-0” Purpose: Seeking to erect a seven unit residential dwelling with seven parking spaces.

Case: BOA-1167470 Address: 13 Norton Street Ward 18 Applicant: Falcucci Properties, LLC Articles: Art. 69 Sec. 09 Lot frontage is insufficient Art. 69 Sec. 30.1 Bldg.Alignmnt Conformity Front building alignment Art. 69 Sec. 30.12 2/More Dwellings on Same Lot Two or more dwellings on the same lot Purpose: Seeking to erect a single family residential dwelling. One of three buildings on one lot. See ERT1050411 and ERT1050408.

Case: BOA-1167473 Address: 15 Norton Street Ward 18 Applicant: Falcucci Properties, LLC Articles: Art. 69 Sec. 09 Rear yard setback is insufficient Art. 69 Sec. 30.1 Bldg. Alignmnt Conformity Front building alignment Art. 69 Sec. 30.12 2/More Dwellings on Same Lot Two or more dwellings on same lot Purpose: Seeking to erect a single family residential dwelling. One of three buildings on one lot. See ERT1050402 and ERT1050411.

Case: BOA-1167475 Address: 17 Norton Street Ward 18 Applicant: Falcucci Properties, LLC Articles: Art. 69 Sec. 30.1 Bldg.Alignmnt Conformity Front building alignment Art. 69 Sec. 30.12 2/More Dwellings on Same Lot Two or more dwellings on the same lot Purpose: Seeking to erect a single family residential dwelling. One of three buildings on one lot. See ERT1050402 and ERT1050408. 

Case: BOA-1151073 Address: 365 Western Avenue Ward 22 Applicant: Joe Hassell Articles: Article 51, Section 16 Use Regulations MFR Use – Conditional Article 51, Section 17 Excessive F.A.R. Article 51, Section 17 Excessive Height Article 51, Section 17 Insufficient rear yard setback Article 51, Section 56 OffStreet Parking & Loading Req Insufficient parking Article 51, Section 56 Off-Street Parking & Loading Req Access/maneuvering areas Article 51, Section 57.2 Conformity Exist Bldg Alignment Front yard setback requirements Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability Purpose: Raze existing 1 story building. Erect new 6 story, 60 unit building with 37 parking spaces.

Case: BOA-1038178 Address: 30-36 Batterymarch Street Ward 3 Applicant: Sonder USA, INC reconsideration of the Board's March 30, 2021 vote 6-1 to approve the relief requested below. Per Article 5, Section 5-3 of the Zoning Code, the applicant has requested to reopen the record for the Board to remove provisos from its decision that entered with the Inspectional Services Department on May 21, 2021. From the terms of the Boston Zoning Code (see Acts of 1956, c.665) in the following respects: Conditional Use Articles: Article 45 Section 14 Use Regulations Conditional Purpose : To change the occupancy from commercial spaces and 26 residential units to commercial spaces and 26 executive suites. Also, to complete interior renovations. *Stores, Restaurant#36A, Medical Office, 26 Executive Suites & restaurant; renovations to unit 5A.