Zoning Board of Appeal hearing

 July 28, 2020 & August 25, 2020

Case: BOA-787634 Address: 500-502A East Broadway Ward 6 Applicant: James Christopher

Case: BOA-832215 Address: 36 Spring Garden Street Ward 13 Applicant: James Christopher

Case: BOA-921790 Address: 97 Pierce Avenue Ward 16 Applicant: John Pulgini

Case: BOA-909744 Address: 11 Ruggles Street Ward 9 Applicant: Marc LaCasse

Case: BOA-1163202 Address: 146 Beacon Street Ward 5 Applicant: Jeremy Sternberg Article: Article 32, Section 4. GCOD, Applicability Due to substantial rehabilitation Purpose: Change of occupancy from multi unit to single family dwelling. Renovations and gut rehab per plans. All new MEPs.

Case: BOA-1166902 Address: 535 Newbury Street Ward 5 Applicant: George Morancy Article: Art. 32 Sec. 04 GCOD Applicability according to Comm.'s bulletin, the construction cost exceeds 50% of the property's value Purpose: Renovate existing building and convert from current 4 unit use to 6 units. All work to be done as of right under zoning code. Full sprinkler system to be installed.

Case: BOA-1141109 Address: 121 Havre Street Ward 1 Applicant: Phenix Home, LLC Articles: Article 53, Section 56 Off Street Parking & Loading Req Off Street Parking Insufficient Article 53, Section 52 Roof Structure Restrictions Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 27T-5 East Boston IPOD Applicability Article 53 Section 8 Use Regulations Multi Family Dwelling (4 units) Use: Forbidden Purpose: Change occupancy from a two (2) to a four (4) unit residential dwelling by constructing 2 story vertical addition with new rear decks and roof deck as per plans.

Case: BOA- 1149723 Address: 197 Havre Street Ward 1 Applicant: Crespo Group, LLC Articles: Art. 25 Sec. 5 Flood Hazard Districts Lot is in an AE flood zone Article 27T-5 East Boston IPOD Applicability Article 53 Section 8 Use Regulations MFR is a forbidden use in a 3F 200 sub district Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient Article 53, Section 56 Off Street Parking & Loading Req 8 parking spaces required. Only 4 are provided Purpose: Raze existing structure and erect a five (5) unit residential dwelling with decks and parking for four (4) vehicles.

Case: BOA-1069141 Address: 61 Boardman Street Ward 1 Applicant: Oliver Ann, LLC Articles: Article 27T-5 East Boston IPOD Applicability Art. 25 Sec. 5 Flood Hazard Districts Art. 53 Sec. 08 Forbidden Multi family dwelling unit use is a forbidden useArt. 53 Sec. 09 Minimum lot size requirement is insufficient Art. 53 Sec. 09 Floor area ratio is excessive Art. 53 Sec. 09 Height requirement is excessive (ft) Art. 53 Sec. 09 Height requirement is excessive (stories) Art. 53 Sec. 09 Front yard setback requirement is insufficient (Boardman St.) Art. 53 Sec. 09 Side yard setback requirement is insufficient Art. 53 Sec. 09 Front yard setback requirement is insufficient (Ashley St.) Art. 53 Sec. 56 Off street parking insufficient Off street parking requirement is insufficient Art. 53 Sec. 09 In this zoning subdistrict, the main entrance of a dwelling unit shall face the front lot line. Purpose: Raze the existing building and erect a 7 unit residential dwelling with roof decks and parking for 7 vehicles.

Case: BOA-1164405 Address:353-355B Hanover Street Ward 3 Applicant: 353 Hanover North End, LLC Article: Article 54 Section 12 Use Regulations Use: Regulation located on 2nd Floor: Forbidden Purpose: To expand existing Restaurant Use to the 2nd Floor.

Case: BOA-1164409 Address: 353-355B Hanover Street Ward 3 Applicant: 353 Hanover North End, LLC Purpose: To expand existing Restaurant Use to the 2nd Floor. Violation: 9th 780CMR 101 Referenced Code 521 CMR 17.5 Dining Area All dining areas, including raised or sunken dining areas, mezzanines, loggias, and outdoor seating areas, shall be accessible.

Case: BOA- 1142756 Address: 114 Union Park Ward 3 Applicant: Thomas M. Realty Articles: Article 64, Section 8.2 Basement Units Forbidden Article 64, Section 9 Usable Open Space Insufficient Article 64, Section 36 Off Street Parking Insufficient 0 provided < 1 req'd Purpose: Add a new 1 bedroom garden level apartment to an existing 3 unit building, changing the occupancy to 4 units with an existing unfinished garden level. The 3 other units in the building are existing to remain. A new sprinkler system will be installed in the new unit only. Existing facade features will remain unaffected. 

Case: BOA-1152943 Address: 33 North Square Ward 3 Applicant: Anna Terrazzano Article: Article 54, Section 12, Use Regulations Use: Restaurant: Conditional Purpose: Change Occupancy from a Cab Office to a Restaurant. Expand existing Restaurant space at 33 North Sq into 37 North Sq for extra seating and install fire separation door activated by Fire Alarm system in conjunction with ALT1125041.

Case: BOA#1152948 Address: 33 North Square Ward 3 Applicant: Anna Terrazzano Purpose: Change Occupancy from a Cab Office to a Restaurant. Expand existing Restaurant space at 33 North Sq into 37 North Sq for extra seating and install fire separation door activated by Fire Alarm system in conjunction with ALT1125041. Violation: 9th 780 CMR 706 Fire Walls 706.1.1 Party Walls. Any wall located on a lot line between adjacent buildings, which is used or adapted for joint service between the two buildings, shall be constructed as a fire wall in accordance with Section 706. Party walls shall be constructed without openings and shall create separate buildings.

Case: BOA-1163239 Address: 353 Dorchester Street Ward 7Applicant: George Morancy Articles: Article 13, Section 1 Lot Area Insufficient Article 13, Section 1 Add'l Lot Area Insufficient Article 13, Section 1 Floor Area Ratio Excessive Article 13, Section 1Usable Open Space Insufficient Article 13, Section 1 Front Yard Insufficient Article 13, Section 1 Rear Yard Insufficient Article 18, Section 3 Traffic Visibility Across Corner Article 23, Section 1 Off Street Parking Req Off Street Parking Insufficient Purpose: Erect new three story building with six dwelling units. Existing building to be demolished by separate permit.

Case: BOA-1155532 Address: 4 Ward Court Ward 7 Applicant: Darren Ferguson Articles: Art. 68 Sec.08 Side yard setback is insufficient Art. 69 Sec. 09 Front yard setback is insufficient Art. 68 Sec. 33 Off Street parking Req. Off street parking requirement is insufficient Art 68 Sec 29 Roof Structure Restrictions Roof structures restricted district Purpose: Addition at 3rd, 4th floor and Roof per the plans and specifications 3rd floor: two bedroom and 1 bathroom 4th floor: office area Roof top deck Construction under 1.000 sqf.

Case: BOA-1163303 Address: 2-6 Readfield Place Ward 8 Applicant: Harvey Buck Articles: Article 50, Section 29 Floor Area Ratio Excessive Max. allowed: 0.8 Proposed: 0.97 Article 50, Section 29 Front Yard Insufficient Required: 20' Proposed: 5.8' Article 50, Section 29 Rear Yard Insufficient Required: 30' Proposed: 12.6' Purpose: Erect three attached townhouses. This is a nominal fee application drawings attached.

Case: BOA-1021131 Address: 1644 Dorchester Avenue Ward 16 Applicant: Timothy Johnson Articles: Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose: Erect a 3-Story, 9-Unit Building w/13 car garage, side and roof decks as per plans submitted. Raze existing building on separate permit. 

Case: BOA- 1161138 Address: 91 Ashmont Street Ward 17 Applicant: Theresa Burges Articles: Article 65, Section 9 Floor Area Ratio Excessive Max. allowed: 0.5 Existing: 0.7 Proposed: increasing FAR since the existing dormer is extending 4' Article 65, Section 9 Bldg Height Excessive (Stories) Max. allowed: 2.5 Existing: 3 Proposed: increasing non conformity (since it is increasing FAR) Purpose: Confirm occupancy as a 3 family and extend front stairway dormer for head room, replace rear deck and pantry on existing footprint, framing, roofing, siding repairs, finish carpentry, plumbing electrical, 1 kitchen, 1 bathroom, flooring, plaster, insulation, painting, window replacement.

Case: BOA- 1143314 Address: 11 Danforth Street Ward 19 Applicant: KM Construction Articles: Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Floor Area Ratio Excessive Building already has excessive FAR this will further extend the non conformance. Purpose: Attic renovation, no structural work or change of occupancy. Adding 2 bedroom, 2 bath and an interior stairway.

Case: BOA-827450 Address: 632-638 Centre Street Ward 19 Applicant: Andrew Zuroff Articles: Article 55 Section 17 Excessive F.A.R. Art. 55 Sec. 09 Insufficient open space (Roof Deck Removed;10.19.18) Purpose: Change occupancy on ERT of record issued From a 9 residential, office and retail to 18 residential and 4 commercial spaces; retail/office, and then construct additional story as per plans submitted. (Other costs shown on ERT issued).

Case: BOA-1152694 Address: 2 Church Street Ward 20 Applicant: Antonio Ferrara Articles: Article 56, Section 8 Lot Area Insufficient Article 56, Section 8 Lot Width Insufficient Article 56, Section 8 Lot Frontage Insufficient Article 56, Section 8 Floor Area Ratio Excessive Article 56, Section 8 Bldg Height Excessive (Stories) Article 56, Section 8 Front Yard Insufficient Front yard along Centre Street Article 56, Section 8 Rear Yard Insufficient Purpose: Erect new single family dwelling with a 1 car attached garage. This application is in conjunction with approved ALT1094352, ERT1094476, ERT1094466 and newly submitted ALT1142058.

Case: BOA- 1152696 Address: 8 Church Street Ward 20 Applicant: Antonio Ferrara Articles: Article 56, Section 8 Lot Area Insufficient Article 56, Section 8 Lot Width Insufficient Article 56, Section 8 Lot Frontage Insufficient Article 56, Section 8 Floor Area Ratio Excessive Article 56, Section 8 Bldg Height Excessive (Stories) Article 56, Section 8 Rear Yard Insufficient Purpose: Erect new single family with a 1 car attached garage. This application is conjunction with approved plans ALT1094352, ERT1094466 & ERT1094476 and newly submitted subdivision plan ALT1142058.

Case: BOA-1152697 Address: 10 Church Street Ward 20 Applicant: Antonio Ferrara Articles: Article 56, Section 8 Lot Area Insufficient Article 56, Section 8 Lot Width Insufficient Article 56, Section 8 Lot Frontage Insufficient Article 56, Section 8 Floor Area Ratio Excessive Article 56, Section 8 Bldg Height Excessive (Stories) Article 56, Section 8 Rear Yard Insufficient Purpose: Erect new single family dwelling with a 1 car attached garage. This application is in conjunction with approved plans ALT1094352, ERT1094476 & ERT1094466 and newly submitted plans ALT 1142058, ERT 1142079 and ERT1142088.

Case: BOA-1152693 Address: 12 Church Street Ward 20 Applicant: Antonio Ferrara Article: Article 56, Section 8 Lot Area Insufficient Subdivision creates three undersized lots. This is a 1F 8000 Sub district which requires 8000sf min per lot. Purpose: This application is in conjunction with approved plan ALT 10942352. Proposal is to subdivide newly formed LOT C into 3 new parcels. New Lot C containing 6268 sq ft, New Lot D containing 6268 sq ft and New Lot E containing 6266 sq ft. Prior address was 12 Church St parcel ID 20 06239 000.

Case: BOA-1120705 Address: 223 Harvard Avenue Ward 21 Applicant: Peter Nassif Articles: Article 51, Section 9 Usable Open Space Insufficient Required: 2,800 sqft Proposed: 0 Article 51, Section 9 Add'l Lot Area Insufficient Required: 9,000 sqft Proposed: 6,343 sqft Purpose: Change use of basement spaces from Real Estate office and Laundromat to 2 residential units for a total of 14

Case: BOA-1121608 Address: 297 Newbury Street Ward 5 Applicant: Dennis Colwell Articles: Art. 08 Sec. 07 Use: Forbidden This proposed cannabis use location is within ½ mile from another existing cannabis establishment: Therefore, Forbidden Art. 08 Sec.07 Use: Conditional Use is conditional Purpose: Change of Occupancy to include Marijuana Dispensary. Demolition of interior non load bearing walls, construction of new walls for a security office, retail space, secure vault, and ADA lift in rear alley

Case: BOA- 1156143 Address: 64-66 Gove Street Ward 1 Applicant: Color Craft Corporation D.B.A Seal-A Deck Articles: Article 53, Section 52 Roof Structure Restrictions Access via exterior stair case Article 53 Section 9 Dimensional Regulations Insufficient side yard setback Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. MFR in a 3f subdistrict Purpose: Construct TWO New Roof Top "L" shaped deck 20x12 Pressure treated Pine substructure. Composite decking with composite 42" rails accessed from rear exterior stairs for units # 5 and #6.

Case: BOA-1167099 Address: 76 Montmorenci Avenue Ward 1 Applicant: Salvatore and Lisa LaMattina Articles: Art. 27G E Boston IPOD Art. 53 Sec. 08 Forbidden Two family Forbidden Art. 53, Section 9 Excessive F.A.R. .5 max Art. 53 Sec. 09 Insufficient rear yard setback 35' req. Art. 53 Sec. 09 Side yard insufficient 10 req. Art. 53 Sec. 56 Off Street Parking Insufficient parking Purpose: Change occupancy to from a single to a two family residential dwelling and erect addition on existing 5,397 square foot parcel as per plans.

Case: BOA-1133941 Address: 42 Irving Street Ward 3 Applicant: Timothy Burke Article: Article 13, Section 1 Rear Yard Insufficient Purpose: Confirm occupancy as a single family. Construct new stair to roof with head house and construct new deck on existing flat roof. Install new railings for deck. Install associated electrical, mechanical and plumbing work.

Case: BOA#1133951 Address: 42 Irving Street Ward 3 Applicant: Timothy Burke Purpose: Confirm occupancy as a single family. Construct new stair to roof with head house and construct new deck on existing flat roof. Install new railings for deck. Install associated electrical, mechanical and plumbing work. Violation: 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

Case: BOA-1163709 Address: 60-84 Saint Botolph Street Ward 4 Applicant: Ryan Lundergan Articles: Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.< 25% Conditional Art. 32 Sec. 04 GCOD Applicability Substantial Rehab Art. 41, Sec. 5 Establisment of Protec Areas St Botolph Protection Area Height exceeded 45' max Purpose: The substantial renovation of the Boston Housing Authority's Saint Botolph Apartments for continued multifamily residential use. The renovation project will include upgrades to the overall building, individual units, common areas, and the site. Requesting expedited rejection. 

Case: BOA-1165887 Address: 411 Adams Street Ward 16 Applicant: Yelson Baez Article: Article 65, Section 8 Use Regulations Restaurant and Restaurant with take out use: Forbidden Purpose: We will be installing a countertop to prepare smoothies and teas for take out. We will also be installing a 3 bay sink, a mop sink and hand sink. The necessary electrical work and plumbing work to be performed by a licensed contractor under the necessary permits. We are requesting a change to the use and occupancy from office, store to restaurant, smoothie and tea shop take out.

Case: BOA- 1158529 Address: 55 Everdean Street Ward 16 Applicant: Hai Tran Articles: Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose: New 2nd floor addition to existing dwelling, Finished Attic, Finished Basement, Attached Green Room on the side of the property.

Case: BOA-1156325 Address: 23 Mather Street Ward 17 Applicant: Krishna Balram Article: Article 65, Section 9 Rear Yard Insufficient Purpose: Construct a 16x18 Storage Building. There will be 2 windows 36 wide, door entry of 36 wide and 70 length, a front opening of a height of 8ft and 10ft wide with 2 swinging barn doors which is 8ft in height and 5ft wide. Also, adding cement board hard plank wrap and a rubber roof.

Case: BOA-945289 Address: 1006-1010 Bennington Street Ward 1 Applicant: East Boston Local Roots, LLC Article: Article 53, Section 11 Use Regulations Use: Cannabis Establishment: Conditional Purpose: Change of Occupancy to include a Cannabis Establishment. The Applicant also proposes to modify the existing layout and conditions of a portion of the interior of the Building. Please see the submitted plans for additional detail.

Case: BOA- 1110007 Address: 47 Condor Street Ward 1Applicant:47 Condor Street, LLC Articles: Article 27T Section 9 IPOD Enforcement East Boston IPOD Applicability 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 (Car Stacking Machine to be installed) Article 53, Section 8 Use Regulations Use: Multifamily Dwelling: Forbidden Article 53, Section 8 Use Regulations Use: Commercial Space: Forbidden, Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Building Height Excessive Article 53, Section 9 Building Height (# of Stories) Excessive Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient Purpose: Raze existing building. Erect a 4 story, Mixed Use Building consisting of one (1) Commercial Space on the Ground Floor, and an Eight (8) Unit Residential Dwelling above. There will be a Ground Level Parking Garage with Eleven (11) Parking spaces. Building will be fully Sprinklered. 

Case: BOA- 962337 Address: 15 Mercer Street Ward 7 Applicant: Celora Caushi Articles: Art. 27P South Boston IPOD Article 68, Section 8 Add'l Lot Area Insufficient, Article 68, Section 33 Off Street Parking & Loading Req Parking insufficient Purpose: Change the Occupancy from 2 units to 3 units.( basement storage )

Case: BOA- 1125330 Address: 42 Shirley Street Ward 8 Applicant: Jack Zaylor Articles: Article 50 Section 28 Use Regulations 14 family use: Forbidden Article 50, Section 29 Add'l Lot Area Insufficient total lot area required: 22,000 sqft Proposed: 8,995 sqft Article 50, Section 29 Floor Area Ratio Excessive Max. allowed: 0.8 Proposed: 2.0 Article 50, Section 29 Bldg Height Excessive (Feet) Max. allowed: 35' Proposed: 42' 7 3/4" Article 50, Section 29 Bldg Height Excessive (Stories) Max. allowed: 3 Proposed: 4 Article 50, Section 29Usable Open Space Insufficient Required: 650sqft x 14 = 9,100 sqft Article 50, Section 29 Front Yard Insufficient Required: 20' Proposed: 12.4' Article 50, Section 29 Side Yard Insufficient Required: 10' Proposed: 4.5' Article 50, Section 29 Rear Yard Insufficient Required: 30' Proposed: 5.1' Article 50, Section 43 Off Street Parking & Loading Req 50.43.6.d) Insufficient parking space required dimensions Article 50, Section 44.2 Conformity Ex Bldg Alignment Modal not provided to verify conformity with existing building alignment Purpose: New 14 Unit Multi family building to be on one lot resulting of combining two lots on application ALT1053976. Eplan > BOA

Case: BOA- 1121088 Address: 31 Wabon Street Ward 12 Applicant: Stephen Siuda Articles: Article 50 Section 29 Insufficient lot size 5,000 sf req. Article 50 Section 29 Insufficient additional lot area 2,500sf/unit >2 req.Article 50 Section 29 Insufficient lot width 50' req Article 50 Section 29 Insufficient lot frontage 50' req. Article 50 Section 29 Excessive F.A.R. .8 max. allowed Article 50 Section 29 InsufficIent Usable open space 650sf/unit req. Article 50 Section 29 Front yard setback 20' min req. /Modal alignment Article 50 Section 29 Insufficient side yard setback 10' min. req.Article 50, Section 43 Off Street Parking & Loading Req Access/Maneuvering areas Purpose: New 4 story building with 6 4 residential units, 2 on the first level, 2 on the second level and two duplex units located on levels 3 and New three story, three family dwelling to include four off street parking spaces with easement access via 33 Wabon Street per revised plans submitted (U491109608 filed) * Modified 9.8.20

Case: BOA-1135948 Address: 33 Wabon Street Ward 12 Applicant: Stephen Siuda Article: Art. 09 Sec. 02 Nonconforming Use Change < 25% conditional (open space reduction) Purpose: Create an 20' access easement for pedestrian and motor vehicle use to pass and repass from 33 Wabon to 31 Wabon St. (4 Parking Spaces) Application filed in conjunction with ERT1006848.

Case: BOA-1130282 Address: 25 Vassar Street Ward 14 Applicant: Peter Vanko Articles: Article 65, Section 8 Use Regulations Multi family forbidden, Article 65, Section 9 Lot Area Insufficient, Article 65, Section 9 Lot Width Insufficient, Article 65, Section 9 Front Yard Insufficient, Article 65, Section 9 Rear Yard Insufficient, Article 65, Section 9 Bldg Height Excessive (Feet), Article 65, Section 9 Bldg Height Excessive (Stories), Article 65, Section 9 Floor Area Ratio Excessive, Article 65, Section 4 1Off Street Parking & Loading Req Parking insufficient, Article 65, Section 9.2 Dim Regs: Location of Main Entrance Purpose: Erect new Multi Family Dwelling (4 units). Raze building on separate permit. [ZBA ePlan] 

Case: BOA-1056275 Address: 4 Danny Road Ward 18 Applicant: John Barry Articles: Article 69, Section 8 Use: Forbidden Article 69 Section 9 Insufficient lot size Article 69 Section 9 Excessive f.a.r. Article 69 Section 9 # of allowed stories exceeded Article 69 Section 9 Insufficient open space Article 69 Section 9 Front yard setback Article 69 Section 9 Dimensional Regulations Article 60, Section 8 Use Regulations Accessory use Parking Purpose: To construct a new three family residential building, with off street parking, as per attached plans.

Case: BOA- 904516 Address: 1937 Beacon Street Ward 21 Applicant: HVV Massachusetts, Inc Article: Article 51, Section 16 Use Regulations Cannabis establishment is a conditional use in this zoning subdistrict Purpose: Change the occupancy from a bar/cafe to a Cannabis establishment and renovate building. ZBA

Case: BOA- 1090365 Address: 73 Sheridan Street Ward 19 Applicant: Dr Andrew King Purpose: The petitioner’s seeks a determination that the Inspectional Services Department erred in issuing the permit# ERT987106. The permit was issued as an allowed use.