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Zoning Advisory Board of Appeal Hearing

The subcommittee meeting is holding a virtual hearing on Thursday, June 15, 2023, at 5 p.m.

Please be advised of the following appeals to be heard on June 15, 2023, beginning at 5 p.m. and related announcements. All matters listed on this june 15, 2023 hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The June 15, 2023, hearing will be held virtually via video teleconference and telephone via the Zoom webinar event platform.

Interested persons can participate in the hearing REMOTELY by going to our online meeting. You may also participate by phone by calling into the Zoom Webinar at 301-715-8592 and entering the Webinar ID: 832 9388 9736 followed by # when prompted.

If you wish to offer testimony on an appeal, sign up online. Please provide your name, address, the address and/or BOA number of the appeal on which you wish to speak, and if you wish to speak in support of or opposition to the project.

For individuals who need translation assistance, please notify the Board at least 48 HOURS in advance either by signing up online, calling 617-635-4775, or emailing zba.ambassador@boston.gov.

The ZBA Ambassador will be available within the Zoom Webinar Event from 4 - 5 p.m. to answer questions about ZBA procedures and offer instructions on how to participate in the hearing via Zoom. Questions and/or concerns can also be emailed to the ZBA Ambassador at zba.ambassador@boston.gov.

If you wish to offer comment within the meeting platform, please use the “Raise Hand” function that should appear on the bottom of your screen, if connected by computer or device, or dial *9, if connected by phone. On a computer or device, you will receive a request to unmute yourself from the event host. You must select yes before you can speak. On a phone, you will hear a prompt that the event host is asking you to unmute yourself. You must press *6 to unmute yourself before you can speak. Commenters will be asked to state their name, address and comment. Comments will be limited as time requires.

If you wish to offer testimony on an appeal, please log in to the hearing no later than 4 p.m. to ensure your connection is properly functioning.

Interested persons who are unable to participate in the hearing remotely may make an appointment to offer testimony. Please notify the Board at least 48 HOURS in advance either by calling 617-635-4775 or emailing isdboardofappeal@boston.gov for accommodations to be made.

Members of the community are strongly encouraged to help facilitate the virtual hearing process by emailing letters in support of or opposition to an appeal to zbapublicinput@boston.gov in lieu of offering testimony online. It is strongly encouraged that written comments be submitted to the board at least 48 hours prior to the hearing. When doing so, please include in the subject line the BOA number, the address of the proposed project and the date of the hearing.

The public can offer testimony.

Discussion Topics

  1. HEARINGS: 5:00 P.M

    Case: BOA-1422737 Address: 166-168 Bayswater Street Ward: 1 Applicant: Adrinne Salerno

    Articles (s): Article 53, Section 52 Roof Structure Restrictions – Reconfiguration of the roof

    Article 27T 5 East Boston IPOD Applicability

    Purpose : Convert an unfinished attic into a living space with two bedrooms, full bathroom, laundry, open kitchen/dry bar. Demolish existing hip asphalt roof. build new gable roof with two dormers Open deck on front of attic level. Add new front porch on 1st and 2nd levels.



    Case: BOA-1455532 Address: 530-532 Commonwealth Avenue Ward: 5 Applicant: Beantown Donuts, LLC

    Articles (s): Art. 08 Sec. 03 Conditional Uses - 36A REMOVE PROVISO

    Purpose: Remove "proviso" granted to this petitioner only and grant to "Beantown Donuts LLC.



    Case: BOA-1463331 Address: 761 East Broadway Ward: 6 Applicant: Todd & Alexis Anzlovar

    Articles (s): Art 68 Sec 29 Roof Structure Restrictions - Reconfiguration of existing roof profile

    Art 68 Sec 8 Dim reg app in res sub dist - Insufficient side yard setback

    Purpose: Renovations/ redesign with dormers; reconstruction and enlargement of existing rear addition with deck, all as shown on plans filed herewith.



    Case: BOA-1412546 Address: 36 G Street Ward: 6 Applicant: James Christopher

    Articles (s): Art 68 Sec 29 Roof Structure Restrictions - Reconfiguration of existing structures roof profile Art 68 Sec 8 Dim reg app in res sub dist - Extensions into rear >1,000GSF Conditional Art 68 Sec 8 Dim reg app in res sub dist - Extension of dimensional in an undesized lot 25% Insufficient lot size

    Purpose: Confirm Occupancy as a One family dwelling and erect a rear addition as per the attached plans with no change to occupancy.



    Case: BOA-1438281 Address: 155 Dorchester Street Ward: 7 Applicant: Frank Knippenberg

    Articles (s): Art 68 Sec 8 Dim reg app in res sub dist - Insufficient additional lot area

    Art. 68 Sec. 07 Use Regs. - Basement unit forbidden Art.68 Sec. 33 Off Street Loading Req. - Insufficient parking

    Purpose : Change occupancy to a two family. Remove the existing internal stair to the basement, add new unit door, add kitchen, and separate electrical service. *BASEMENT UNIT PROPOSED 1 Family #3706/1997



    Case: BOA-1419756 Address: 11 Plainfield Street Ward: 11 Applicant: Tom Malone

    Articles (s): Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Floor Area Ratio Excessive

    Purpose: Addition of shed dormer to right side rear of 3rd floor, expanding bedroom into area currently occupied by flat roof.



    Case: BOA-1450082 Address: 162-172 South Street Ward: 11 Applicant: Sweet Pea and Sage LLC

    Articles (s): Article 55 Section 16 Use Regulations - Conditional

    Purpose: Change of occupancy to flower shop from office space. (Job Site 166 168 South St. per plans).



    Case: BOA-1448512 Address: 39 Vernon Street Ward: 18 Applicant: RAV & Associates, Inc.

    Articles (s): Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient

    Purpose: Modify existing attached deck to a three season application and add new deck towards rear.



    Case: BOA-1422723 Address: 26 Ansonia Road Ward: 20 Applicant: Cynthia Weller-Brady

    Articles (s): Article 56, Section 8 Front Yard Insufficient

    Purpose : Adding roof dormers to front & side of home. No extension of living space, attic to remain as unfinished storage space. Remaining interior spaces to remain the same.



    Case: BOA- 1445557 Address: 224 Willow Street Ward: 20 Applicant: James Kim

    Articles (s): Article 56, Section 8 Front Yard Insufficient Article 56. Section 8 Side Yard Insufficient

    Purpose : Extension of living space up to attic. Scope includes attic renovation with addition of a dormer;

    adding a master bedroom and bathroom.



    Case: BOA-1450701 Address: 33-35 Shaw Street Ward: 20 Applicant: Ruben Rodriguez

    Articles (s): Art. 56, Section 8 Excessive f.a.r. Article 56, Section 8 # of occupied stories has been exceeded

    Art. 09 Sec. 01 ,Extension of Non Conforming Use - Two family in a one family subdistrict <25% Conditional

    Purpose : Confirm occupancy as 2 family and then perform extension of living space into attic from unit 2.



    Case: BOA-1450923 Address: 60 Cerdan Avenue Ward: 20 Applicant: Shaun McMahon

    Articles (s): Article 56, Section 8 Bldg Height Excessive (Stories)

    Purpose: Proposed 3rd floor dormer addition as per plans.



    Case: BOA-798718 Address: 38 Hardwick Street Ward: 22 Applicant: Ciaran Mc Evoy

    Articles (s): Article 51 Section 9 Floor Area Ratio excessive Article 51 Section 9 Height excessive

    Article 51 Section 9 Side Yard insufficient

    Purpose: Add dormer to back of house.



    Case: BOA- 1446236 Address: 152-154 Brayton Road Ward: 22 Applicant: Edwin Mendez

    Articles (s): Art. 51 Sec. 09 # of allowed stories has been exceeded 2.5 max Art. 51 Sec. 09 Insufficient lot width 50' req Art. 51 Sec. 09 Insufficient side yard setback 10' req. Art. 51 Sec. 09 Insufficient front yard setback 20' required(enclosure/stairs >36"h)

    Purpose : Adding 2 dormers. Create master suite in attic. Kitchen and bathroom renovation 2nd floor. Enclosing front porch to make sunroom. Demo and construct new front exterior stairway.

  2. RE-DISCUSSIONS: 5:00 P.M

    Case: BOA-1340198 Address: 109-109A Salem Street Ward: 3 Applicant: Warren Mustacchio

    Article(s); Art. 09 Sec. 01 Extension of Non-Conforming Use - Increase in volume >25% Conditional Art 54 12

    Purpose: Change seating capacity from 36 to 49 patrons, no work to be done.



    Case: BOA-1340204 Address: 111-111A Salem Street Ward: 3 Applicant: Warren Mustacchio

    Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Increase in nonconforming use volume is >25% Forbidden Art54 12 Art. 54 Section 13 Dimensional Regulations - Excessive f.a.r. (Change occupancy use of lower accessory kitchen and storage areas to accessory kitchen and sit down for 20 persons)

    Purpose: Change seating capacity from 40 to 60 patrons, no work to be done.

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