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Zoning Board of Appeal hearing

The June 29, 2021, hearing will be held virtually via video teleconference and telephone via the WebEx event platform.

Please be advised of the following appeals to be heard on June 29, 2021, beginning at 9:30 a.m. and related announcements.

All matters listed on this June 29, 2021, hearing agenda have been noticed in accordance with the enabling act. Please be advised of the following participation instructions:

The June 29, 2021 hearing will be held virtually via video teleconference and telephone via the webex event platform.

Interested persons can participate in the hearing REMOTELY by going to our online meeting or by calling 1-617-315-0704 and entering access code 173 240 8070 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 617-635-5300 or emailing zba.ambassador@boston.gov.

The ZBAAmbassador will be available within the WebEx Event from 8:30 a.m. to 9:30 a.m. to answer questions about ZBA procedures and offer instructions on how to participate in the hearing via WebEx. Questions and/or concerns can also be emailed to the ZBAAmbassador at zba.ambassador@boston.gov.

If you wish to offer comment within the meeting platform, please use the “raise hand” function, if connected by video, or dial *3, if connected by phone. The requester will be administratively unmuted and 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 9 a.m. to ensure your connection is properly functioning.

The hearing can also be viewed via livestream 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 appear in person at City Hall, in the BPDA board room, 9th Floor, Room 900. 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. Individuals appearing at City Hall without an appointment will not be permitted to enter.

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 or from BPDA board room. 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-897041 Address: 204 West Seventh Street Ward 7 Applicant: Patrick Mahoney, Esq

    Case: BOA-897036 Address: 209-213 Tudor Street Ward 7 Applicant: Patrick Mahoney, Esq

    Case: BOA-914030 Address: 5 Parkway Street Ward 5 Applicant: Hezekiah Pratt, AIA

    Case: BOA-914035 Address: 7 Parkway Street Ward 5 Applicant: Hezekiah Pratt, AIA

    Case: BOA-874670 Address: 10 O Street Ward 6 Applicant: Nancy Minucci

  2. HEARINGS: 9:30AM

    Case: BOA-1194252 Address: 119 Addison Street Ward 1 Applicant: DCM Realty, LLC Articles: Art. 09 Sec. 02Nonconforming Use Change ERT permit of record is still under construction with a proposed use change >25% Article 27T 5East Boston IPOD Applicability ERT of record is still under construction Article 53 Section 25Use Regulations MFR USE FORBIDDEN Article 53 Section 25 Use Regulations Accessory parking ground floor Forbidden Art. 53 Sec. 56Off Street Parking Insufficient parking 16 spaces req. Purpose: Amend ERT881709 to change occupancy from 9 Executive Suites to 9 residential Units (Multifamily). No additional work to be done, all work shown on existing building permit.

    Case: BOA-1183730 Address: 437 Frankfort Street Ward 1 Applicant:441 Frankfort Street, LLC Articles: Article 27T 5 East Boston IPOD Applicability Article 53 Section 56Off Street Parking & Loading Req Insufficient parking 1.5/unit req. Purpose: Erect a four (4) unit residential with five (5) parking spaces.

    Case: BOA-1184868 Address: 289 Sumner Street Ward 1Applicant: 289 Sumner, LLC Articles: Article 27T 5 East Boston IPOD Applicability Article 53, Section 56Off Street Parking & Loading Req Off Street Parking Insufficient Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 52 Roof Structure Restrictions Article 53 Section 8Use Regulations Multi Family Dwelling Use : Forbidden Purpose: Combine parcel numbers 0104867000 and 0104866000 to create one lot consisting of 2,813 s.f., renovate the existing structure, confirm occupancy as three (3) family. Change occupancy to four (4) residential units and construct rear addition with deck and vertical 1 story addition with roof decks.

    Case: BOA-1183162 Address: 173-177 Maverick Street Ward 1 Applicant: Maverick Orleans, LLC Articles: Art. 53 Sec. 08Forbidden Multi family dwelling unit is a forbidden use (9 units) Art. 53 Sec. 08 Forbidden Restaurant use is a forbidden use Art. 53 Sec. 09 Lot area for the add'l dwelling units is insufficient Art. 53 Sec. 09 Floor area ratio is excessive Art. 53 Sec. 09 Usable open space is insufficient Art. 53 Sec. 09 Front yard setback requirements is insufficient Art. 53 Sec. 09 Side yard setback requirements is insufficient Art. 53 Sec. 09 Rear yard setback requirements is insufficient Art. 53 Sec. 56Off Street Parking Parking requirements is insufficient Article 27T 5 East Boston IPOD Applicability Art. 53 Sec. 09 Height requirements is excessive (stories) Art. 53 Sec. 09 Height requirements is excessive (ft) Purpose: Combine Parcels 0105340000, 0105341000, and 0105342000 (See ALT1164486) and erect a mixed-use building consisting of nine (9) residential units and one (1) restaurant space.

    Case: BOA- 1187855 Address: 61 Horace Street Ward 1 Applicant: Richard Raimondi Articles: Article 53 Section 8Use Regulations Three Family Dwelling: Forbidden Use Article 53, Section 56 Off Street Parking & Loading Req Off Street Parking Insufficient Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 10, Section 1Limitation of Area Off Street Parking shall be located not less than 5' 0" from Side Lot Line. Article 27T 5East Boston IPOD Applicability Purpose: Erect a new three (3) family dwelling on newly created lot as per plans. See ALT1143477 for subdivision.

    Case: BOA- 1187853 Address: 63 Horace Street Ward 1 Applicant: Richard Raimondi Articles: Article 53, Section 56Off Street Parking & Loading Req Off Street Parking Insufficient Article 53, Section 9 Floor Area Ratio Excessive Purpose: Subdivide and combine parcel numbers 0101148000 and 0101149000. 63 Horace to then contain 2,640 square feet and 61 Horace to contain 4,735 square feet. Demo partial structure (foyer) on existing two-family dwelling. See ERT1143479 for new three family dwelling.

    Case: BOA-1132691 Address: 116 Cambridge Street Ward 2 Applicant: Adenike John Articles: Article 62, Section 17Use Regulations Cannabis Establishment Use: Conditional Article 62, Section 13 Use Regulations Cannabis Establishment Use: Conditional Purpose: Change of occupancy from retail use to Cannabis Establishment. Modify existing layout and conditions of building Interior.

    Case: BOA-1185727 Address: 204 W Brookline Ward 4 Applicant: Timothy Burke Article: Article 64, Section 9.4 Town House/Row House Extension Purpose: At Unit #4 construct new bracket mounted balcony at Third Floor level on rear wall. Remove window and enlarge masonry opening to install new door to balcony. Work includes new finishes and electrical work. 

    Case: BOA-1183248 Address: 2 Harbor Street Ward 6 Applicant: BCG-CG HARBOR PROPERTY, LLC Articles: Art. 06 Sec. 03AAdditional Conditions in Restricted Parking District Art. 25 Sec. 5Flood Hazard Districts Storage of Flammables in Flood Hazard District Art. 24 Section 1Off Street Loading Insufficient 4 required Art. 21, Section 1 Setback of Parapet Insufficient Northern Avenue. Required: 41' 7" Proposed: 0' Art. 21, Section 1 Setback of Parapet Insufficient Harbor Street. Required: 49' 4" Provided: 25' 5" Purpose: To combine lot ID 0602674115 (area: 142,434sqft) with lot ID 0602674110 (area: 47,553sqft) resulting lot: 189,987sqft to construct an approximately 380,800 square foot mixed use lab and office building with 325 parking spaces and associated driveway areas and open space.

    Case: BOA-1180183 Address: 2173-2189 Washington Street Ward 9 Applicant: Roxbury Prep Article: Art. 50, Section 10 Use: Conditional Purpose: Change occupancy. On the ground floor at secondary address 2177 Washington St, change the use of the 2200 sf former retail space "New York Fashions" to extend Charter School use, adding it (as 3 new classrooms) to the existing Charter School (on floors 1,2&3) at secondary address 2179 Washington St.

    Case: BOA-1130507 Address: 120 Hancock Street Ward 13 Applicant: Vernon Woodworth Articles: Article 65, Section 8Use Regulations Use: Accessory Parking: Forbidden Article 65, Section 8 Use Regulations Use: Multifamily Dwelling: Forbidden Article 65, Section 9Lot Area for Additional Dwelling Units Insufficient 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 9Side Yard Insufficient Article 65, Section 41 Off Street Parking & Loading Req Off Street Parking Insufficient Article 65, Section 41 Off Street Parking & Loading Req Off Street Parking Design / Maneuverability Article 65, Section 41 Off Street Parking & Loading Req Off Street Loading Insufficient Purpose: Erect 15 dwelling units. Nominal fee requested pending ZBA approval. Correct address is 120- 122 Hancock Street in Dorchester (address not available at ISD portal).

    Case: BOA- 1159425 Address: 9 Fayston Street Ward 14 Applicant: Jose Lopez Articles: Article 50, Section 29 Rear Yard Insufficient 18' < 25.3'min (Shallow Lot) Article 50, Section 29 Side Yard Insufficient 2.7' < 5'min Article 50, Section 29Usable Open Space Insufficient Article 50, Section 29 Floor Area Ratio Excessive 1.1 < 0.8max Purpose: 1st/2nd floor bathroom and kitchen renovation, opening space on with new Harwood floors, prime and paint walls. 1st floor rebuild exterior deck to a 3-season enclosed deck. Exterior egress for 1 2 3 floor. Finish basement as living space to 1st floor. see drawings. V530519 ON FILE

    Case: BOA-1068840 Address: 29 Tilesboro Street Ward 16 Applicant: Brendan O’Shea Articles: Article 65, Section 8Use Regulations Multi Family Dwelling: Forbidden Article 65, Section 42.3Traffic Visibility Across Corner Article 65, Section 9Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose: Erect new building for 6 units as per plan, 12 parking spaces on grade Raze existing structure.

    Case: BOA-1194538 Address: 74 Burt Street Ward 17 Applicant:74 Burt Street, LLC Articles: Article 65, Section 8Use Regulations MFR is a forbidden use in a 1F 7000 sub district Article 65, Section 9 Lot Area Insufficient Article 65, Section 9Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Bldg Height Excessive (Feet) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose: Demolition of existing single-family structure and erection of new five-unit structure with seven parking spaces. Three story building with first floor garage at street grade. Two living levels above first floor garage. This application is for rejection letter to begin ZBA process

  3. HEARINGS:11:00AM

    Case: BOA-1192263 Address: 335 Chelsea Street Ward 1 Applicant: Norton Point Chelsea Street LLC Articles:Art. 53, Section 8 Use: Forbidden 4F (MFR) in 3F zone Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Lot Area Insufficient 1,875sqft < 2,000sqft min Article 53, Section 9 Add'l Lot Area Insufficient 1,875sqft < 4,000sqft min Article 53, Section 9 Floor Area Ratio Excessive 3.1 > 1.0max Article 53, Section 9 Bldg Height Excessive (Stories) 4 > 3max Article 53, Section 9 Bldg Height Excessive (Feet) > 35'max Article 53, Section 57.2 Conformity Ex Bldg Alignment 0' provided Article 53, Section 9 Side Yard Insufficient 2.4'/0' < 2.5min (Cornice Line) Article 53, Section 9 Rear Yard Insufficient 1' < 17.5'min (Decks)(Shallow lot) Article 53, Section 52 Roof Structure Restrictions Art. 53, Section 56 ** Off Street Parking Insufficient 0 < 6 min req'd Article 27T 5 East Boston IPOD Applicability Art. 25 Sec. 5 Flood Hazard Districts Purpose: Raze existing structure and erect a four (4) unit residential dwelling with roof decks.

    Case: BOA- 1181104 Address: 29 Saint Andrew Road Ward 1 Applicant: JJ Construction Article: Article 27TEast Boston IPOD You need relief from the BOA ( Board of Appeals ) for the said violations. Purpose: Built new back porch, make wider stairs from first floor to second floor, finish the basement according drawings, upgrade the electrical, HAVC and plumbing.

    Case: BOA-1163285 Address: 229 Maverick Street Ward 1 Applicant: 231 Maverick Street, LLC Articles:Art. 27G E Boston IPOD exterior alteration proposing headhouse Article 53, Section 52 Roof Structure Restrictions Roof deck extends more than 1 foot above highest point of the roof. Access to deck is not through hatch or bulkhead with no more than 30" above such deck. Purpose: Construct 14' x 14' roof deck and install spiral staircase for access. Install LVLs and other supports per the recommendations of the attached engineer affidavit. Maintain current building enclosure instead of adding 3rd floor balcony as originally proposed.

    Case: BOA-947509 Address: 221 Webster Street Ward 1 Applicant: Lyle Bradley Articles: Article 27T 5 East Boston IPOD Applicability Article 53 Section 9 Excessive F.A.R. Purpose: Expand existing dormer on rear yard roof from single window gable dormer to wider shed dormer. 

    Case: BOA- 1193016 Address: 8 Lilly Street Ward 6 Applicant: Dare Moynihan Articles:Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Rear Yard Insufficient Article 68, Section 8 Lot Area Insufficient Article 68, Section 8 Lot Width Insufficient Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 29 Roof Structure Restrictions Article 68, Section 8 Lot Frontage Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Purpose: Erect a new two-family house as per plans. Existing house to be razed under separate permit.

    Case: BOA- 1186589 Address: 64 Tolman Street Ward 16 Applicant: Tim Longden Articles: Article 65, Section 42.3Traffic Visibility Across Corner Article 65, Section 41 Off Street Parking & Loading Req Off Street Parking Insufficient Article 65, Section 9 Lot Area Insufficient Article 65, Section 8 Use Regulations Multi Family Dwelling Use: 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 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose: Raze existing 2 family dwelling and erect new 9-unit residential building with 9 garage under parking spaces and roof deck.

    Case: BOA-1144121 Address: 405 Washington Street Ward 17 Applicant: Vernon Woodworth Articles: Art. 65 Sec. 9 Excessive F.A.R. .5 max Art. 65 Sec. 9 # of allowed stories has been exceeded 2.5 stories max Art. 65 Sec. 9 Maximum allowed height has been exceeded 35' max Art. 65 Sec. 65 41.5 Parking Size & Maneuverability Access/Maneuvering areas Art. 65 Sec. 45 Off street parking requirements Insufficient parking Article 65, Section 8 Use Regulations 13 Unit MFR dwelling Forbidden Use Article 65, Section 39 Screening & Buffering Req MFR in a 2f subdistrict Article 65 Section 42.3 Traffic Visibility Across Corner Article 65, Section 9 Insufficient rear yard setback 30' req. Article 65, Section 9 Insufficient front yard setback 15' min. req.(corner lot rule) Purpose: New 13-unit multi family. Nominal fee requested pending ZBA approval.

    Case: BOA- 1173515 Address: 765 Washington Street Ward 17 Applicant: Fred Manigat Articles: Article 65, Section 9 Insufficient lot size Article 65, Section 9 Insufficient lot width Art. 65 Sec. 9 Insufficient lot width frontage Article 65, Section 9 # of allowed habitable stories exceeded Article 65, Section 9 Insufficient side yard setback Article 65, Section 9 Insufficient rear yard setback Article 65, Section 9 Insufficient open space Art. 65 Sec. 42 Appl. of Dimensional Req'mnts (5) Special provisions for corner lots Article 65, Section 42.2 Conformity w Ex Bldg Alignment Insufficient parking Art. 65 Sec. 41 Off street parking requirements Insufficient parking Art. 65 Sec. 42 Appl. of Dimensional Req'mnts (3) Traffic visibility across a corner lot Art. 65 Sec. 9Excessive F.A.R. Purpose: New 3 family building.

    Case: BOA-1202082 Address: 1817 River Street Ward 18 Applicant: Anthonio Ferrara Articles: Article 69 Section 29 Off Street Parking & Loading Req 3 Provided < 6 req'd Article 69, Section 9 Usable Open Space Insufficient Art. 09 Sec. 01 Extension of Non-Conforming Use Purpose: Subdivide the existing parcel at 1817 River Street parcel # 18 12374 into Lots A, B & C. Existing 3 family to remain on newly formed lot A containing 8k sq ft, New Lot B created will have 8156 sq ft and newly formed lot C will have 5172 sq ft. This alt is conjunction with 1811 & 1813 1815 River St. Also see ERT1161578 & ERT1161583 

    Case: BOA-1160393 Address: 80 North Beacon Street Ward 21 Applicant: John Walsh Articles: Article 51, Section 56 Off-Street Parking Insufficient Article 51, Section 8 Use: Forbidden MFR is forbidden in a 1F-3000 Subdistrict Article 51, Section 9 Floor Area Ratio Excessive Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Bldg Height Excessive (Feet) Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient Purpose: Erect new 8-unit building.

  4. RE-DISCUSSIONS: 12:30PM

    Case: BOA-1173987 Address: 42 Everett Street Ward 1 Applicant: Sunrise Bay, LLC Articles: Article 27T East Boston IPOD Art. 53 Sec. 09 Insufficient open space Article 53 Section 8 Use Regulations Six units(MFR) – Forbidden Article 53 Section 9 Insufficient additional lot area/unit Article 53 Section 9 Excessive F.A.R. Article 53 Section 9 Excessive # of stories Article 53 Section 9 Rear yard insufficient Article 53 Section 9 Max allowed height exceeded (3.31.20 New plans provided show an increase of two feet height; changed to 38’-7”/37’) Article 53, Section 52 Roof Structure Restrictions Article 53, Section 52 Off-Street Loading Reg’s Insufficient parking Purpose: Change occupancy to a seven (7removed) 6 unit residential dwelling by erecting an addition and adding a unit to the basement. Work description updated 3.8.21

    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-1134769 Address: 363 Albany Street Ward 3 Applicant: Noah Ziomek Article: Article 64, Section 35 Sign Regulations Bill board sign installation is forbidden in this zoning sub district Purpose: We will be removing the existing billboard on the corner of the building and installing a new structure, and 2 20'x60' digital billboards.

    Case: BOA- 1073949 Address: 233 Metropolitan Avenue Ward 18 Applicant: Pamela Bardhi Article: Article 67, Section 9Usable Open Space Insufficient Purpose: In reference to permit #Ert1068572, the property on 233 Metropolitan Avenue is to be split into two lots. Total lot size of the parcel currently is 14,019 SF. The two lots will be split into lot A & lot B. Lot A is 7125 SF and Lot B is 689 No work to be done on existing structure. Just subdivision

    Case: BOA-1073954 Address: 233R Metropolitan Avenue Ward 18 Applicant: Pamela Bardhi Articles: Article 67, Section 9 Lot Frontage Insufficient Article 67, Section 28 2.2e Design and Architecture Building orientation to the street. Proposed lot and building are behind another building and lot. Purpose: Build new construction single family home as of right. [ePlan] 

    Case: BOA-1014112 Address: 59A Strathmore Road Ward 21 Applicant: A Limited Liability Company, LLC Article(s): Article 51 Section 9 Insufficient additional lot area/unit Article 51 Section 9 Excessive F.A.R. Article 51 Section 9 Excessive height Article 51 Section 9 Insufficient open space/unit Article 51 Section 9 # of allowed stories exceeded Article 51 Section 9 Insufficient side yard setback Article 51 Section 9 Insufficient rear yard setback Article 51, Section 56 Off Street Parking Insufficient Purpose: Seeking to change the occupancy from four residential units to five residential units. Also, to add a fifth-floor addition and renovate.

  5. RECONSIDERATION: 1:00PM

    Case: BOA-1137459 Address: 19 Hansborough Street Ward 14 Applicant: Hope Whyte “Request for reconsideration, pursuant to Article 5-3, of the Board’s 03/09/21 Decision to Deny the requested relief for we are seeking approval to cut the sidewalk curb to access our driveway. The driveway fits 2 cars, and has been in place since the home was purchased by our family in the 1970’s. Public Works has already approved our curb cut request. Per Article 10 Sec. 01: Limitation of off-street parking areas 5’ Buffer requirement of side yard seeking with reference to the premises at: 19 Hansborough Street, Ward 14 From the terms of the Boston Zoning Code (see Acts of 1956, c.665) in the following respects: Variance Article: Art. 10 Sec. 01 Limitation of off-street parking areas 5' Buffer requirement of side yard Purpose: We are seeking approval to cut the sidewalk curb to access our driveway. The driveway fits 2 cars, and has been in place since the home was purchased by our family in the 1970's. Public Works has already approved our curb cut request.

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