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Zoning Board of Appeal Hearing

The July 25, 2023, hearing will be held virtually via video teleconference and telephone via the Zoom Webinar event platform.

Please be advised of the following appeals to be heard on July 25, 2023, beginning at 9:30 a.m. and related announcements. All matters listed on this July 25, 2023, hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The July 25, 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: 821 8044 0527 followed by # when prompted.

If you wish to offer testimony on an appeal, please 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 8:30 - 9:30 a.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 8:30 a.m. to ensure your connection is properly functioning. The hearing can also be viewed via live-stream on the City’s website. Closed captioning is available.



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. EXTENSIONS: 9:30AM

    Case: BOA-826724 Address: 1199-1203 Blue Hill Avenue Ward 14 Applicant: George Minasdis

    Case: BOA-1176005 Address: 1717-1719 Hyde Park Avenue Ward 18 Applicant: David Linhart, Esq

  2. BOARD FINAL ARBITERS: 9:30AM

    Case: BOA-606484 Address: 64-64C Allandale Street Ward 20 Applicant: Marc LaCasse, Esq

    Case: BOA-606486 Address: 66-66C Allandale Street Ward 20 Applicant: Marc LaCasse, Esq

    Case: BOA-606487 Address: 68-68B Allandale Street Ward 20 Applicant: Marc LaCasse, Esq

    Case: BOA-606488 Address: 70-70B Allandale Street Ward 20 Applicant: Marc LaCasse, Esq

    Case: BOA-606489 Address: 72-72B Allandale Street Ward 20 Applicant: Marc LaCasse, Esq

    Case: BOA-1365467 Address: 100 Allstate Road Ward 15 Applicant: Joseph Hanley, Esq

  3. CALL OF THE CHAIR:9:30AM

    Case: BOA-1432589 Address: 336R Pond Street Ward 19 Applicant Antonio Ferrara

    Purpose: Appellant seeks a determination that the Inspectional Services Department erred in its interpretation of the Zoning Code and refusal of a building permit application on grounds that the proposed project violates Article 55 of the Boston Zoning Code. Appellant contends that ISD incorrectly cited Article 55, Section 41.1, Conformity with Existing Building Alignment and improperly denied Permit # ERT1104783.

  4. HEARINGS:9:30AM

    Case: BOA- 1478134 Address: 361 Belgrade Avenue Ward 20 Applicant: Upton Belgrade Investment Partners, LLC-ARTICLE 80

    Article(s): Article 67 Sect 12Will exceed dimensional FAR of 1.0. The Project proposes a FAR of 3.0. Article 67 Sect 12 Will exceed dimensional Height of 35' (feet). The Project proposes Height of 63'(feet). Article 67 Sect 12 Will exceed dimensional stories height of 3. The Project proposes height of 5 stories. Article 67 Sect 12Will not meet the dimensional Front Yard setbacks of 10' (NS). The Project proposes Street Conformity (Modal Alignment). Article 67 Sect 12Will not meet dimensional Side Yard setbacks of 10'(NS). The Proposed project has a Side Yard setback of 3'.

    Article 67 Sect 12Will not meet dimensional Rear Yard setbacks of 10' feet (NS). The proposed Project will not have

    a Rear Yard setback, it will be 0' feet. Article 67 Section 32Off Street Parking & Loading Req - The number of Parking Spaces & Loading Bays are subject to BPDA Large Project Reviews. The Project proposes a garage for 86 vehicles.

    Article 67, Section 9 Front Yard Insufficient - Will not meet dimensional Front Yard setbacks of 20' (feet) for 2F 5000.

    Art. 67 Sec. 09 Side Yard Insufficient - Will not meet the dimensional Side Yard setbacks of 10' for 2F 5000

    Article 67, Section 9 Rear Yard Insufficient - Will not meet dimensional Rear Yard setback of 40' for 2F 5000. Art. 29 Sec. 04 Greenbelt Protection Overlay District ApplicabilityThe proposed project is subject to Greenbelt Protection Overlay District Applicability. Article 67, Section 8Use Regulations - Use Accessory Parking in the 2F 5000 subdistrict for the MFR use. (underground parking).

    Purpose: Erect a 5 story, 129,000 gsf building with 124 Residential units, 2600 sf of commercial space garaged parking for up to 86 vehicles and overall site upgrades.



    Case: BOA-1481408 Address: 1320 Dorchester Avenue Ward 15 Applicant: Doug George-ARTICLE 80

    Article(s): Article 65, Section 41 Off Street Parking & Loading Req - Off street parking is insufficient.

    Article 65, Section 16 Floor area ratio is excessive Article 65, Section 16 Building height in feet is excessive Article 65, Section 16 Rear Yard is insufficient,

    Purpose: Proposed new six story residential apartment building with 70 studio units, 4 parking spaces and ground floor commercial component. Project will be fully compliant with City of Boston Compact Living Guidelines.



    Case: BOA- 1428646 Address: 42 East Street Ward 15 Applicant: Bonnie Tan

    Article(s): Article 65, Section 9 Usable Open Space Insufficient Article 65, Section 9 Bldg Height Excessive (Stories)

    Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient

    Purpose: Demolish existing single family building and erect a new 3 story 3 unit townhouse will require variance for dimensional setback, FAR, and Lot Size.



    Case: BOA-1411034 Address: 177 Harvard Street Ward 14 Applicant: Stuart Schrier

    Article(s): Art. 60 Sec. 40 Off street parking insufficient Article 60, Section 8 Use: Forbidden - Accessory food pantry (Accessory retail) Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Side Yard Insufficient Rear deck Article 60, Section 9 Rear Yard Insufficient Rear deck

    Purpose: Change of occupancy from Adult education/offices to Place of Worship, 2 Residential Units (Parish house) and Accessory Food Pantry for ministry. Scope includes extension of floor area into basement for pantry, rebuild & extend existing 2 story rear porch, construction a new side accessible ramp down to basement, and a new rear stair down to basement. Also, includes renovation of parish building with new life safety, insulation, electrical, plumbing and heating. (See ALT39328 for previous approval by the ZBA on 3/8/2011, the work was not done due to financial hardship forcing a re application).



    Case: BOA- 1475908 Address: 78 Rutland Street Ward 9 Applicant: Ben Wild

    Article(s): Art. 64 Sec. 09 Town House/Row House Extensions into Rear Yard

    Purpose: SF1277295, SF1277289, SF1277298 Change of Occupancy from 3 family to single. new windows front, new main entry, rear deck, restore bay window, 2 windows on side. Emergency structural work bow front window.



    Case: BOA- 1435105 Address: 5 Swift Terrace Ward 1 Applicant: Marc LaCasse, Esq

    Article(s): Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Floor Area Ratio Excessive

    Article 53, Section 56 Off Street Parking & Loading Req Article 27T 5East Boston IPOD Applicability - ARTICLE 27T 8

    Purpose: Demolish existing structures on separate permit. Construct new 7 unit dwelling with parking for 5 vehicles; 3 private roof decks; basement storage.



    Case: BOA-1476698 Address: 964 Bennington Street Ward 1 Applicant: Diana Aponte

    Article(s): Article 27T 5East Boston IPOD Applicability - East Boston Interim Planning Overlay District Applicability

    Article 25 Section 5 Flood Plain Regulations - Flood Hazard District Article 53 Section 12 Floor Area Ratio Excessive

    Purpose: Make the Basement part of the First floor Unit. Install connecting stairs, new partitions, do all electrical, plumbing, and new windows to bring it up to Code.

  5. HEARINGS:11:00AM

    Case: BOA- 1455410 Address: 2 Wilkins Place Ward 19 Applicant: Patrick Michaud

    Article(s): Article 67, Section 9 Lot Area Insufficient Article 67, Section 9 Lot Width Insufficient

    Article 67, Section 9 Add'l Lot Area Insufficient Article 67, Section 9 Front Yard Insufficient

    Article 67, Section 9 Rear Yard Insufficient

    Purpose: Erect 1515 square foot two story single family home with 2 parking spaces similar in design to existing homes on Wilkins Place.



    Case: BOA- 1443137 Address: 43-45 Stanton Street Ward 17 Applicant: Marc LaCasse, Esq

    Article(s): Art. 55 Sec. 65 41 Off Street parking insufficient - Parking spaces required: 21 Proposed: 191 accessible parking required, see building code refusal letter. Art. 65 Sec. 08 Forbidden - Multifamily use Art. 65 Sec. 41 Off St. Loading Req'mnts - 1 loading bay required Article 65, Section 9 Floor Area Ratio Excessive - Max. allowed: 0.4 Proposed: 1.2 Article 65, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 2.5 Proposed: 4 Article 65, Section 9 Bldg Height Excessive (Feet) - Max. allowed: 35' Proposed: 45' 2" Article 65, Section 9 Rear Yard Insufficient - Min. required: 30' Proposed: 13.1'

    Purpose: Change of occupancy from convent to multifamily with 14 dwelling units with 19 parking spaces; renovate existing structure and add new 4 story addition at rear of existing building; demolish one story garage at rear of property (Short Form #); new systems and add sprinkler system.



    Case: BOA- 1473828 Address: 114-122 Harvard Street Ward 14 Applicant: Travis Lee-ARTICLE 80

    Article(s): Article 60, Section 9 Addl' lot area Insufficient Article 60, Section 9 FAR insufficient

    Article 60, Section 8 Use: Forbidden - 16 units MFR Forbidden Article 60, Section 9 Usable open space insufficient

    Article 60, Section 9 Front Yard insufficient Article 60, Section 9 Rear Yard Insufficient Art. 60 Sec. 37Off St. Parking Requirements - Parking space insufficient Art. 60 Sec. 40(4) Off Street parking location - Non combine Lot Article 60, Section 41.2 Traffic Visibility Across Corner - Harvard St./Standish St.

    Purpose: Applicant submits nominal fee application to obtain zoning refusal letter for a proposed 3 story building with 16 residential units, about 1250sf of ground floor commercial space and 8 off street parking spaces.



    Case: BOA- 1473831 Address: 18-24 Standish Street Ward 14 Applicant: Travis Lee

    Article(s): Article 60, Section 9 Addl' lot area insufficient Article 60, Section 9 FAR Excessive Article 60, Section 9 Usable Open space insufficient Article 60, Section 9 Side yard insufficient Article 60, Section 9 Front yard insufficient

    Article 60, Section 9 Rear Yard insufficient Art. 60 Sec. 37 Off St. Parking Requirements - Parking space insufficient

    Article 60, Section 8 Use: Forbidden - 8 units MFR Forbidden

    Purpose: Applicant submits this nominal fee application to obtain a zoning refusal letter to facilitate the construction of a new 3 story building with 6 residential units and 3 off street parking spaces.



    Case: BOA- 1481099 Address: 222 Bowen Street Ward 6 Applicant: Anthony Monahan

    Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel exceeded Art. 68 Sec. 33 Off Street parking Req. - Maneuvering areas Art 68 Sec 8 Insufficient lot area per unit 1000/unit req. Art 68 Sec 8 Excessive f.a.r 2.0. max. Art 68 Sec 8 Excessive height in sub district 40' max Art 68 Sec 8 Insufficient open space 200sf/unit

    Art 68 Sec 8 Insufficient front yard setback 5' minimum (Note side walk narrower than 39") Art. 68 Sec.08 Insufficient front yard setback 5' minimum (Note side walk narrower than 39") Art.68 Sec. 33 Off Street Loading Req. - Insufficient parking unit

    Purpose: Erect new 4 unit residential building with 2 full parking spots, per plans * Clarification: Combine Parcel #'s 0600999000 and 0600998000 and Erect a new Four story, 4 unit residential building with two private roof decks and 2 full parking spots per plans on the newly created lot consisting of 2,289sf. *Existing structures to be razed on a separate permit demolition application w/article 85 approval.



    Case: BOA-1446767 Address: 340 West Second Street Ward 6 Applicant: George Morancy

    Article(s): Art 68 Sec 29 Roof Structure Restrictions - Proposing penthouse, stairway #2

    Article 68, Section 33 Off Street Parking & Loading Req - Reduction in the number of spaces from 70 to 54

    Article 68, Section 8 Bldg Height Excessive (Feet) - Increased non conformity from previously approved ERT

    Article 68, Section 8 Bldg Height Excessive (Stories) - Increased non conformity from previously approved ERT

    Purpose: Amendment to ERT236651 to reduce the original approved 70 parking spaces to 54 parking spaces in garage with new automated parking lift system; Relocate 2nd means of egress from garage; Extend Stair #2 to roof and create new headhouse same construction as stair#1; Install new rubber roof mats; Eliminate roof covers at light wells at two locations.



    Case: BOA- 1456430 Address: 119 Addison Street Ward 1 Applicant: DCM Realty, LLC

    Article(s): Art. 53 Sec. 08 Forbidden - 9 unit Forbidden use Article 27T Section 9 IPOD Enforcement

    Purpose: Change occupancy from 9 executive suites to 9 residential units with 1 voluntary inclusionary development unit. No work to be done.

  6. RECOMMENDATIONS: 11:30 AM

    Case: BOA-1464901 Address: 44 Brooks Street Ward: 1 Applicant: Hector Martinez

    Article(s): Art. 53 Sec. 08 Forbidden Take in in 3F 2000 is Forbidden

    Purpose: Two (2) Residential Units and Grocery Store for Ice cream (incidental use) With Takeout



    Case: BOA- 1416327 Address: 964 Saratoga Street Ward: 1 Applicant: MI Pueblito Orient Heights

    Article(s): Art. 9 Sec. 1 Nncnfrm'g Use:Structl Change Art. 25 Sec. 5 Flood Hazard Districts

    Article 27T Section 9 IPOD Enforcement

    Purpose: Construct at the outdoor seating, a seasonal canopy over the existing outdoor patio, which is currently being utilized by the restaurant.



    Case: BOA- 1480844 Address: 500 Boylston Street Ward: 4 Applicant: Oxford Properties Group

    Article(s): Art. 08 Sec.07 Use: Conditional 36A Retail Catering for Starbucks Coffee Shop/Café Art. 08 Sec.07 Use: Conditional 37 Take out for Starbucks Coffee Shop/Cafe

    Purpose: Former retail space "Talbots" to be converted to a new Starbucks Coffee café. We request a zoning use review with nominal fee as we are considered a takeout use 36A /37 and may need BOA.



    Case: BOA- 1480839 Address: 2 Park Plaza Ward: 5 Applicant: Moskow Holdings LLC

    Article(s): Art. 06 Sec. 04 Other Protectional Conditions Remove for this petitioner only

    Purpose: Tenant fit up for a new Starbucks Coffee shop. The space is currently a Boloco restaurant. Remove the proviso of this petitioner only.



    Case: BOA- 1447530 Address: 1250 Boylston Street Ward: 5 Applicant: Hashem Alatiyat

    Article: Art. 06 Sec. 04 Other Protectional Conditions

    Purpose: Food trailer



    Case: BOA- 1467752 Address: 10 Saint Margaret Street Ward: 7 Applicant: Justin Byrnes

    Article(s): Art. 07 Sec. 03 Conditions for Variance - Removal of previous BOA proviso order of record on parent permits conditions of variance approval; "No side yard variance granted"Art. 65 Sec. 9 Insufficient rear yard setback

    Art. 65 Sec. 9 Insufficient side yard setback Art. 65 Sec. 9 Excessive f.a.r. Art. 65 Sec. 9 Insufficient open space

    Purpose: Project to construct a 2-story addition, including garage and bedroom, to an existing one family residence. The ALT associated with this amendment is ALT1174108. Additional two story addition on left side of dwelling.



    Case: BOA- 1399573 Address: 16 Holborn Street Ward: 12 Applicant: Oswald Webbe

    Article: Art. 50 Sec. 01 Floor Area Ratio excessive

    Purpose: Extension of living space into the basement from unit 1. Repair concrete basement floor, frame walls according to plans, install plumbing for bathroom and laundry, new electrical work, frame and insulate walls, blue board walls and ceilings, install doors and trims, tile floors and paint all walls and trims.



    Case: BOA- 1399546 Address: 45 Winthrop Street Ward: 12 Applicant: Steve Desmangles

    Article(s): Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient

    Article 50 , Section 43 Off Street Parking & Loading Req

    Purpose: Relocate existing curb cut.



    Case: BOA- 1461000 Address: 86 Grampian Way Ward: 13 Applicant: Maureen Marotta

    Article(s): Article 65, Section 9 FAR insufficient Article 65, Section 9 Side Yard Insufficient

    Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg - Extension of Non conforming use.

    Purpose: 3rd floor rear addition extending the existing bedroom and adding a bathroom and rear balcony. City of Boston Board of Appeal



    Case: BOA- 1019280 Address: 10-12 Bentham Road Ward: 15 Applicant: Arlene Cruthird

    Article(s): Article 65, Section 42 Application of Dimensional Req 65.42.7 driveway providing access to off street parking shall be not less than 10 feet Art. 10 Sec. 01 Limitation of off street parking areas

    Purpose: Off street parking for two residential vehicles.



    Case: BOA-1436951 Address: 10-10A Walk Hill Street Ward: 19 Applicant: Emiliano Amoroso

    Article: Art. 06 Sec. 04 Other Protectional Conditions - Remove proviso for a "petitioner only"

    Purpose: Remove proviso of this applicant only



    Case: BOA-1472867 Address: 210 Roslindale Avenue Ward: 20 Applicant: William Seweryn

    Article(s): Article 67, Section 9 Bldg Height Excessive (Stories) Article 67, Section 9 Floor Area Ratio Excessive

    Article 67, Section 9 Front Yard Insufficient Article 67, Section 9 Side Yard Insufficient Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.

    Purpose: New single story addition to rear of structure to serve as a family room. New back porch to accommodate addition. New dormers on 3rd floor to allow for unfinished attic to become master bedroom with full bath.



    Case: BOA-1471763 Address: 247 Willow Street Ward: 20 Applicant: James Feeney

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

    Purpose: Amending ALT1165872 scope of work. Removal of Attic scope; shed dormers and third floor living area removed from original plans. New scope involves rear addition now extending 2 stories; instead of 1 story. Reconfiguration of interior spaces included.



    Case: BOA- 1440414 Address: 89 Willowdean Avenue Ward: 20 Applicant: Matthew Palmer

    Article: Article 56. Section 8 Side Yard Insufficient

    Purpose: Construct 15x23 Addition and expand enclosed porch 8x14'2"



    Case: BOA- 1431753 Address: 12 Amherst Street Ward: 20 Applicant: Anthony Ross

    Article(s): Article 67, Section 8 Use Regulations Ancillary commercial parking for bank on adjacent lot Forbidden

    Article 67, Section 9 Dimensional Regulations Parking in minimal front yard setback on a lot is not allowed

    Purpose: Raze existing 2 family dwelling on a separate permit, grading and paving of lot for use as ancillary parking (11 parking spaces) for employee parking for adjacent bank.



    Case: BOA- 1433343 Address: 141 Colberg Avenue Ward: 20 Applicant: Eric Zachrison

    Article(s): Article 67, Section 9 Rear Yard Insufficient Art. 29, Section 4 Greenbelt Protection Overlay District

    Purpose: Addition to an existing single-family home.



    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.

    Reason for Prior Deferral: This was deferred due to the applicant changing the plans and having to refile with ISD.



    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.

    Reason for Prior Deferral: A deferral was requested to allow time to add more necessary details to the plans.

  7. RE-DISCUSSIONS :11:30 AM

    Case: BOA-1309386 Address: 75 Maywood Street Ward 12 Applicant: Fred Manigat

    Article(s): Violation Description Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient Art. 50 Sec. 18 Roof Structure and Building Height Restrictions

    Purpose: Proposal to erect 6 condo units with 6 parking spaces.

    Reason for Prior Deferral: The applicant requested a deferral to update the plans



    Case: BOA-1319563 Address: 1-3 Elmwood Street Ward 9 Applicant: Minkoo Kang-ARTICLE 80

    Article(s): Article 50, Section 43 Off Street Parking & Loading Req - No off street parking or loading provided

    Article 50 Section 24 Use Reg's Community Fac Dist - Restaurant is Forbidden in a Community College CF District

    Art. 50, Section 25 Building height in feet is excessive Max allowed 45'.Art. 50, Section 25 Usable open space is insufficient. 50sf/unit required. Art. 50, Section 25 Floor area ratio is excessive. Art. 50, Section 25 Rear yard is insufficient 20' required.

    Purpose : Combine parcels to create a new 5,331sf lot and construct: a seven (7) story 40 unit apartment building with

    elevator access. The basement and first floor will have commercial space Core shell only(retail/restaurant) and tenant

    amenities. Floor 2 7 will have compact living units with one owner occupied unit. The roof will have a common roof

    deck and private deck. The building will be type IV construction.

    Reason for Prior Deferral: 5 Member Board



    Case: BOA-1443969 Address: 404 West Second Street Ward 6 Applicant: Victoria Banos

    Article(s): Art 68 Sec 29 Roof Structure Restrictions - Roof deck access via stairs Art 68 Sec 8 Dim reg app in res sub dist - Insufficient rear yard setback

    Purpose: Add roof deck and stair.

    Reason for Prior Deferral: To allow BPDA to review plans



    Case: BOA-1475285 Address: 304 Paris Street Ward 1 Applicant: Roman Catholic Archdiocese of Boston

    Article(s): Article 27T 5 East Boston IPOD Applicability - IPOD Article 32, Section 4. GCOD, Applicability - GCOD

    Article 53, Section 9 Usable Open Space Insufficient - Usable open space insufficient.Art. 53 Sec. 09 Rear Yard Insufficient. Art. 53 Sec. 09 Side yard insufficient Art. 53 Sec. 09 Lot area insufficient. Art. 53 Sec. 09 Add'l lot area insufficient. Art. 53 Sec. 09 Floor Area Ratio Excessive Art. 53 Sec. 56 Off St.Parking Requirements - Parking space insufficient.

    Purpose: Erect a three (3) unit residential dwelling with a roof deck.

    Reason for Prior Deferral: 5 Member Board

  8. COURT REMAND: 1:00PM

    Case: BOA-1177912 Address: 82-84 Boston Street Ward 7 Applicant: Media Partners MRV LLC

    Article(s): Art. 09 Sec. 01 Extension of Non Conforming Use - Conditional Art. 11 Sec. 06 Signs Subject to Other Reg. b) no new billboards shall be allowed within six hundred sixty (660) feet of a federally funded highway subject to the Federal Highway Beautification Act unless approved by the Board of Appeal in accordance with Article 6 after receipt by the Board of Appeal of a planning recommendation from the Boston Redevelopment Authority.

    Art. 65 Sec. 9 Residential Dimensional Reg.s - side yard Aricle 65, Section 40 Sign Regulations - (3) Free standing signs (USE Forbidden) Article 11, Section 7 Electronic Signs – Conditional Art. 33 Sec. 16 Air Right OS Applicability - Pilon Sign Forbidden

    Purpose: Construct a single faced digital billboard Free Standing Pilon Sign to the rear of 82 Boston street per

    attached plans.

    The Suffolk County Superior Court has ordered that the Zoning Board hold a remand hearing on the above listed

    appeal, pursuant to its May 19, 2023 order in Media Partners MRV, LLC v. Boston Board of Appeal Et al, case

    No. 2284CV01482. The Board will determine whether it will grant or deny the required relief at the above listed

    address that would satisfy the requirements need for the Board to issue a Conditional Use Permit under Article 6,

    Section 6-3, or Variance under Article 7, Section 7-3 of the Zoning Code.

  9. HEARINGS: 1:00PM

    Case: BOA-1482725 Address: 247-251 Hancock Street Ward 15 Applicant: AU Manager LLC-ARTICLE 80

    Article(s): Art.65 Sec. 8 Use: Forbidden - MFR Forbidden Article 65, Section 9 Floor Area Ratio Excessive

    Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Bldg Height Excessive (Feet)

    Article 65, Section 9 Side Yard Insufficient Art. 65 Sec. 41Off street parking requirements Art. 65 Sec. 41Off St. Loading Req'mnts Article 65, Section 42.2Conformity w Ex Bldg Alignment

    Purpose: New construction of a multifamily residential development, comprised of a six story building with 47 residential units, approximately 1,500 square feet public open space, roof deck, 18 accessory off street parking spaces and 57 bike storage spaces. Existing building shall be razed on a filed demolition permit.



    Case: BOA-1450131 Address: 60-70 Geneva Avenue Ward 14 Applicant: Michael P. Ross, Esq

    Article(s): Article 50 , Section 43 Off Street Parking & Loading Req Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Bldg Height Excessive (Stories) Article 50, Section 29 Bldg Height Excessive (Feet) Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Side Yard Insufficient Article 50 Section 28 Use Regulations Article 50, Section 29 Add'l Lot Area Insufficient

    Purpose: Applicant proposes to construct a 5 story, 50 unit residential building, inclusive of the existing masonry structure. (Job Site: 66 Geneva St.)



    Case: BOA-1475349 Address: 361 Centre Street Ward 10 Applicant: John Pulgini-ARTICLE 80

    Article(s): Art. 55, Section 8 Use: Conditional - Community Center Art. 09 Sec. 01Reconstruction/Extension of Nonconforming Bldg. Art. 55 Sec. 55 40^Off street parking insufficient - To be determined by BPDA through large project review process Art.55 Sec.41Appl of Dimensional Req. - Seven buildings in the same lot. Article 55, Section 9 Add'l Lot Area Insufficient - 55,000 sqft required in existing lot Article 55, Section 9 Floor Area Ratio Excessive - Increased with new addition Article 55, Section 9Bldg Height Excessive (Feet) - Max. allowed: 35' Proposed addition: 46' Article 55, Section 9 Bldg Height Excessive (Stories) - Max. allowed: 3 Proposed: 5 Article 55, Section 9 Side Yard Insufficient - Several buildings are being affected by the rear yard addition Article 55, Section 9Rear Yard Insufficient - Several buildings are being affected by the rear yard addition Article 55, Section 9 Usable Open Space Insufficient - 8,250 sqft required for the proposed 55 units.

    Purpose: The proposed adaptive reuse of the Blessed Sacrament Church will include 55 affordable rental units and new community space on the ground floor, 22 off street parking spaces. New construction additions and selective demolition/exterior renovations will improve site safety and accessibility for future residents and neighbors. Subject to BPDA Large Project review.



    Case: BOA-1466320 Address: 465 East Eighth Street Ward 7 Applicant: Ivonne Zapata

    Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel has been exceeded

    Purpose: *Clarification: Construct a third floor addition on top of the existing structure, (i.e. Third story addition) Exterior: new stair from level 3 to roof level, new headhouse at roof level, new roof deck + railing at roof level interior: plumbing and electrical circuit replacement.



    Case: BOA- 1463156 Address: 524 East Seventh Street Ward 7 Applicant: George Morancy

    Article(s): Art. 68 Sec.31Screening and Buffering - Screening and buffering required Article 68, Section 8 Usable Open Space Insufficient - Required 200 sf. per unit Art. 68 Sec. 33Off Street parking Req. - Location off street parking

    Purpose: Create four off street accessory parking spaces in the rear yard, to be accessed via an easement to be granted over an existing driveway, for the use of residents of 524 East Seventh Street.



    Case: BOA- 1291960 Address: 17-19 Barrett Avenue Ward 7 Applicant: Peter Vanko

    Article(s): Article 68, Section 8 Add'l Lot Area Insufficient - Lot area required: 3,000 sqft Proposed: 2,766 sqft

    Article 68, Section 8 Side Yard Insufficient - Min. required: 3' Proposed: 0' (R) Article 68, Section 8 Rear Yard Insufficient - Min. required: 20' Proposed: 9.7'Article 68, Section 8 Usable Open Space Insufficient - Min. required: 400 sqft Proposed: 342 sqft

    Purpose: Construct a new 2 family, 3 story > (reduced to a 2 story 03/13/23) building with 3 outdoor off street parking spaces. See companion, lot combination ALT1286497.



    Case: BOA-1471767 Address: 556 East Broadway Ward 6 Applicant: Marc LaCasse

    Article(s):Art 68 Sec 29Roof Structure Restrictions - Max allowed height on parcel exceeded Art 68 Sec 8Max allowed height in the sub district has been exceeded Art 68 Sec 8 Excessive f.a.r. Art 68 Sec 29Roof Structure Restrictions - Proposed Roof deck on lower roof Art 68 Sec 8Insufficient side yard setback Art 68 Sec 8Insufficient rear yard setback

    Purpose: Gut renovation of existing 3 family dwelling; proposed new 4th floor addition; new roof deck at second floor on roof of existing rear addition; renovate entire structure; remove rear masonry wall at 2nd and 3rd floors and install glass curtain wall on 2nd, 3rd and proposed 4th floor; new MEP systems.



    Case: BOA-1468765 Address: 251-255 West Third Street Ward 6 Applicant: Steven Deering

    Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed height on parcel exceeded Art. 68 Sec. 34 Appl. of Dim. Req. - Insufficient traffic visibility across a corner lot Article 68, Section 8 Max allowed height in sub-district exceeded Article 68, Section 8 Max allowed f.a.r. exceeded Article 68, Section 8 Insufficient lot area per additional unit Article 68, Section 8 Insufficient front yard setback Article 68, Section 8 Insufficient side yard setback

    Purpose: Erect a four story Three family structure consisting of a (3) Unit Townhouse design with garage parking and

    roof decks, per plans filed herewith. (note: Combining lots/parcel# 0601647000 + 0601647000 = 2731sf lot size) *Existing structure to be razed on a separately filed and issued SF demolition permit *Three family (Townhouse units)



    Case: BOA- 1449394 Address: 99 Blackstone Street Ward 3 Applicant: Sterling Sign Systems, LLC

    Article(s): Article 11, Section 7 Electronic Signs

    Purpose: Installation of one 40"x 15' 10" internally illuminated wall sign for "Gordon Ramsay Burger".

  10. RECONSIDERATION: 1:00PM

    Case: BOA-1421808 Address: 1 Mount Vernon Street Ward 7 Applicant: Jake Federico

    Article: Article 65, Section 8 - Use Regulations - Recreational cannabis establishment is a forbidden use in a 3F 5000

    Sub district. Definition of cannabis establishment includes delivery. Art. 65 Sec. 08 Forbidden - Table A: Fn14.

    Cannabis Establishment, provided that any cannabis establishment shall be sited at least one half mile or 2,640 feet from another existing cannabis establishment and at least 500 feet from a pre existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only.

    Appellant seeks reconsideration of the Board's vote on May 9, 2023 to deny Appellant's appeal of BOA1421808, seeking to change occupancy of the property at 1 Mount Vernon Street from food processing and warehouse for food products to a recreational cannabis establishment. The applicant is not proposing any construction. The applicant intends to utilize the current footprint of the building. The building will be occupied as-is, without need of building modifications.

  11. Discussion Of Open Meeting Complaint

    Discussion Of Open Meeting Complaint Regarding BOA1444979, BOA1475322 & BOA1464137

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