Zoning Board of Appeal hearing

December 14, 2021

Case: BOA-943711 Address: 59 Gove Street Ward 1 Applicant: David Talarico

Case: BOA-1018347 Address: 36-40 Sprague Street Ward 18 Applicant: John Pulgini

Case: BOA- 1018350 Address: 38-40 Sprague Street Ward 18 Applicant: John Pulgini

Case: BOA- 875587 Address: 25 Bentley Street Ward 22 Applicant: Jeffrey Drago, Esq

Case: BOA- 985489 Address: 8 Fifield Street Ward 15 Applicant: Douglas Wohn, AIA

Case: BOA- 979536 Address: 346-348 West Broadway Ward 6 Applicant: George Morancy, Esq

Case: BOA- 975133Address: 411 East Third Street Ward 6 Applicant: George Morancy, Esq

Case: BOA- 663710 Address: 43 Lochdale Road Ward 19 Applicant: George Morancy, Esq

Case: BOA-1133495 Address: 174 Lexington Street Ward 1 Applicant: Mario Martinez Articles: Article 53, Section 56 Off Street Parking & Loading Req Article 53, Section 9 Floor Area Ratio Excessive Article 53 Section 8 Use Regulations Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Usable Open Space Insufficient Purpose: Change occupancy from a 3 family dwelling to a 4 family dwelling as per plans.

Case: BOA-1133497 Address: 93 Falcon Street Ward 1 Applicant: D. Bui Article(s): Article 27T 5 East Boston IPOD Applicability Article 53 Section 8Use Regulations - Three Family Dwelling Use : Forbidden Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient Article 53, Section 52 Roof Structure Restrictions Article 53 Section 56Off Street Parking & Loading Req - Off Street Parking Insufficient Purpose: Change of occupancy from two family to three family dwelling. Construct new third story addition third dwelling unit.

Case: BOA-1270451 Address: 46 High Street Ward 2 Applicant: Douglas MacDonald Articles: Art. 62 Sec. 30.13 2 or more Bldgs on 1 Lot Article 62, Section 8 Rear Yard Insufficient Art. 62 Sec. 19 Neighborhood Design Overlay Districts Art. 62 Sec. 62 30 12 A Dwelling Shall Not Be Built to the Rear of Another Dwelling- The 2 buildings shall be separated twice the side yard requirement (2.5' x 2= 5') Purpose: Application filed in conjunction with ERT1189752 46R High St (2 buildings on the same lot).

Case: BOA-1270456 Address: 46R High Street Ward 2 Applicant: Douglas MacDonald Articles: Art. 62 Sec. 08 Dimensional Regulations - 62.08.3- Within the Residential Subdistricts, the main entrance of a Dwelling shall face the Front Lot line. Art. 62 Sec. 19 Neighborhood Design Overlay Districts Art. 62 Sec. 62-30-12 A Dwelling Shall Not Be Built to - Buildings shall be separated minimum twice the side The Rear of Another Dwelling yard requirement (2.5'x 2 = 5') Art. 62 Sec. 62-8 Rear Yard Insufficient Purpose :Erect 3 story 3 family dwelling, Type VA over concrete and steel basement level garage structure. It is anticipated zoning relief will be sought at the Zoning Board of Appeals. In conjunction with ALT1229504

Case: BOA-1264575 Address: 417-423C West Broadway Ward 6 Applicant: P.I.C. Entertainment LLC Articles: Art. 68 Sec. 07 Use Regs.- Amusement game simulator for Commercial establishment- Forbidden Art. 68 Sec. 07 Use Regs.- Entertainment and Recreational Use Accessory Bar/Bar- Forbidden Art. 68 Sec. 07 Use Regs.- Basement Accessory Restaurant/Restaurant (footnote 1; ..Common Entrance) -Forbidden Art. 68 Sec. 07 Use Regs.- Production/PODCAST, Studio- Forbidden Art. 68 Sec.08 Excessive f.a.r. Art. 68, Sec.33 Off-Street Parking & Loading Req - None proposed Purpose: Change of occupancy of the unoccupied basement area from storage to an indoor golf facility with an accessory bar and restaurant to include "pod cast studio", then perform Tenant fit out per plans. *Work description updated/modified 11/1/21

Case: BOA- 1270821 Address: 123 Fisher Avenue Ward 10 Applicant: J. Andres Bernal Articles: Article 59, Section 38.12 Two or More Dwelling Same Lot Article 59, Section 8 Front Yard Insufficient Purpose: 2 Family new construction in a lot with an existing building.

Case: BOA-1256895 Address: 13 Alexander Street Ward 13 Applicant: Miguel Monteiro Articles: Article 10, Section 1 Limitation of Area of Accessory Uses Article 50 Section 29 Lot Area for Additional Dwelling Units Insufficient Article 50 Section 29 Floor Area Ratio Excessive Article 50 Section 29 Usable Open Space Insufficient Article 50 Section 29 Side Yard Insufficient Article 50 Section 29 Rear Yard Insufficient Article 50, Section 43 Off Street Parking & Loading Req - Location of Off Street Parking Article 50, Section 43 Off Street Parking & Loading Req - Off Street Parking Design / Maneuverability Purpose : Request Occupancy Committee. Change Occupancy to a Three Family Dwelling. Gut / rehab Building. New Kitchens / new Bathrooms. Install a new Steel Fire Escape. Installation of a new Fire Alarm & Fire Sprinkler system. Occupancy Committee has determined Structure to be an existing Single Family Dwelling.

Case: BOA- 1259499 Address: 1187-1195 Blue Hill Avenue Ward 14 Applicant: 1187-1195 Blue Hill Ave LLC Articles: Art. 60 Sec. 08 Use Regs appl in Res Subdistr - Cannabis establishment use: Conditional.Buffer zone conflict. Proposed is within 2,640 feet of another cannabis establishment. Art. 60 Sec. 08 Use Regs appl in Res Subdistr - Ancillary parking use: conditional Purpose: The existing two story commercial building on site will undergo level three alterations and a change of use. The existing commercial /restaurant use will be converted into Cannabis Retail and manufacturing facility with other commercial retail.

Case: BOA- 1268903 Address: 18-20 Parkman Street Ward 16 Applicant: Mark Little Articles: Art. 65 Sec. 08 Forbidden - Multi family residential dwelling use is a forbidden use Art. 65 Sec. 9 Floor area ratio is excessive Art. 65 Sec. 9 Height requirement is excessive (stories) Art. 65, Sec.42.2 Conformity w Ex Bldg Alignment - Conformity with existing front alignment of the block Purpose: Demo of existing structure. Construction of 9 new residential dwelling units with 17 off street parking spaces.

Case: BOA- 1271408 Address: 20 Gaylord Street Ward 17 Applicant: Andrew Litchfield Articles: Art. 65 Sec. 60-8 3 Family Detached Dwelling, Forbidden Art. 65 Sec. 9 Insufficient front yard setback Art. 65 Sec. 9 Excessive f.a.r. Art. 65 Sec. 9 # of allowed stories has been exceeded Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Insufficient lot width Art. 65 Sec. 9 Insufficient lot width frontage Art. 65 Sec. 9 Insufficient side yard setback Art.65 Sec. 8 Use: Forbidden - Accessory Use parking to a forbidden main use –Forbidden Art.65 Sec. 39 Screening & Buffering Req Purpose: Build a new 3 level, 3 family building with sprinklers, no elevator with 10' commonly owned access driveway for the parking of three motor vehicles in the rear (See ERT1212146)

Case: BOA-1271411 Address: 22 Gaylord Street Ward 17 Applicant: Andrew Litchfield Articles: Art. 65 Sec. 08 Forbidden - Three family Use-Forbidden Art. 65 Sec. 08 Forbidden - Accessory parkingForbidden Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Insufficient lot width Art. 65 Sec. 9 Insufficient lot width frontage Art. 65 Sec. 9 Excessive f.a.r. Art. 65 Sec. 9 # of allowed stories exceeded Art. 65 Sec. 9 Insufficient front yard setback Art. 65 Sec. 9 Insufficient side yard setback Art. 65 Sec. 9 Insufficient rear yard setback Art. 65, Sec.39 Screening & Buffering Req Purpose : Build a new 3 level, 3 family building with sprinklers, no elevator with access via a commonly owned 10' driveway between lots for three proposed parking spaces (see ERT1227291)

Case: BOA- 1273705 Address: 11 Yuill Ci Ward18 Applicant: George Morancy, Esq Articles: Art. 69 Sec. 09 Insufficient lot size Art. 69 Sec. 09 Insufficient lot width Art. 69 Sec. 09 Insufficient lot width frontage Art. 69 Sec. 09 Excessive f.a.r. Art. 69 Sec. 09 # of allowed stories has been exceeded Art. 69 Sec. 09 Insufficient open space Art. 69 Sec. 09 Insufficient front yard setbacks Art. 69 Sec. 09 Insufficient side yard setback Art. 69 Sec. 09 Insufficient rear yard set back Art. 69 Sec. 29 Off-St.Prk'g/Load'g - Insufficient parking Art. 69 Sec. 8 Forbidden -6 unit dwelling MFR forbidden Purpose : Combine 2 lots and construct a 6 family as per plans. *Existing structures on lot to be applied for, reviewed and razed on a separate permit application.

Case: BOA-1269775 Address: 2034-2044 Centre Street Ward Applicant: Joginder Saini Articles: Art. 06 Sec. 04 Other Protectional Conditions Purpose: Remove proviso this petitioner only BZC 532837.

Case: BOA- 1225452 Address: 127 Lexington Street Ward 1 Applicant: DLG Holdings, LLC Articles:Art. 53 Sec. 56 Off St.Parking Requirements - Insufficient parking Art. 53 Sec. 09 Excessive F.A.R. Purpose: Seeking to change the occupancy from a one family dwelling to a two family dwelling. Also, to extend living space into the basement and renovate.

Case: BOA-1242046 Address: 362 Sumner Street Ward 1 Applicant: Stan Klebaner Odessit Capital, Inc Articles: Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 56 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 53, Section 52 Roof Structure Restrictions Article 27T 5East Boston IPOD Applicability Purpose: Confirm occupancy as one family dwelling to a three family dwelling. Also, to extend living space into the basement, erect third story and rear additions, and renovate.

Case: BOA- 1242057 Address: 421 Saratoga Street Ward 1Applicant: Matthew Moore, Kinvarra Capital, LLC Articles: Article 53, Section 9 Rear Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 56 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 53 Section 8 Use Regulations - Multi Family Dwelling use : Forbidden Article 27T 5 East Boston IPOD Applicability Purpose: Erect a new 8 unit residential building with roof deck and 8 parking spaces. Raze existing structure under SF.

Case: BOA-1246098 Address: 114 Prince Street Ward 3 Applicant: Joseph Scarfo Articles:Art. 54 Section 18 Roof Structure and Building Height Restrictions - Penthouse Article 54, Section 10 Floor Area Ratio Excessive Article 54, Section 10 Rear Yard Insufficient Purpose: Filed in Conjuction with ALT1210814. Proposed amendment is to turn the currently finished basement space into legal living space for unit 1. And roughly 500 Sq ft 4th floor addition with deck accessed from 4th floor living space.

Case: BOA-1245349 Address: 468 Commonwealth Avenue Ward 5 Applicant: Ahmed Mahmood Articles: Art. 6, Section 4 Other Conditions Necessary as Protection - To remove Proviso #3: "Granted to this petitioner only for this use only" Purpose: Remove proviso granted to previous petitioner/owner and change to new owner. Reference BZC 21931/2001 & BZC 20143/1999.

Case: BOA- 1247867 Address: 6-8 Nazing Street Ward 12 Applicant: Carpio L. Fermin Articles: Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Side Yard Insufficient Purpose: Add exterior dormers to third floor unit to expand living space.

Case: BOA#1247872 Address: 6-8 Nazing Street Ward 12 Applicant: Carpio L. Fermin Purpose: Add exterior dormers to third floor unit to expand living space. Violation Violation Description Violation Comments 9th 780 CMR 705 Exterior Walls 705.8 (Openings in exterior walls) [Table 705.8 new opening less than 5ft from lot line in a non sprinklered bldg]

Case: BOA-1272069 Address: 26 Tilesboro Street Ward 16Applicant: Marc Savatsky Articles: Article 65, Section 15 Use: Forbidden Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Lot Area Insufficient Article 65, Section 41 Off Street Parking & Loading Req Purpose: Demolish existing structure & erect unit a 4 unit dwelling "townhouse design" with roof decks on each townhouse and parking for eight vehicles at rear of building. This application shall supersede ERT1216048 and ERT1216053.

Case: BOA-1270390 Address: 19 Harrison Street Ward 19 Applicant: George Boggs Articles:Article 67, Section 9 Usable Open Space Insufficient Article 67, Section Use Regulations - Three Family Dwelling Use : Forbidden Article 67, Section 32 Off Street Parking & Loading Req - Off Street Parking Insufficient Purpose: Change of Occupancy type from two family to three family. Dormers are already built. A third floor kitchen has been added.

Case: BOA-1211702 Address: 95-97 Broadway Street Ward 5 Applicant: Peng Meichi Article(s):Article 32, Section 4. GCOD, Applicability Article 63, Section 20 Roof Structure Restrictions Article 63, Section 8 Floor Area Ratio Excessive Article 63, Section 8 Rear Yard Insufficient Purpose: Change of Occupancy from Office to Office and Two Residential Units. Construct new partial second floor and third floor addition.

Case: BOA-1175371 Address: 20 Centre Street Ward 9 Applicant: Michael Chavez Article(s): Article 50, Section 29 Lot Frontage Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient Art. 50, Section 28 Use: Forbidden Art. 50 Sec. 38Design Review Purpose : The property is actually located at 20 Centre St, NOT 22 Centre St. Please update database! Proposed building to be trades training center for Youth Build Boston. Main use to be wood shop with accessory educational space. Slab on grade, 2 stories, wood frame or light metal construction.

Case: BOA-1166627 Address: 60 Stanley Street Ward 15 Applicant: John Pulgini Articles: Art. 65 Sec. 08 Forbidden - 13 family use Article 65, Section 9Front Yard: Min. 15' Proposed: 1' and 3' Article 65, Section 9 FAR Max. allowed: 0.4 Proposed: 1.72 Article 65, Section 42.3Traffic Visibility Across Corner Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Sec 65 41Off Street Loading Req.-spaces required: 1.5*13 units= 19.5. Proposed: 13 Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose : To construct a new three story residential building with 13 residential units (UPDATED TO 8 RESIDENTIAL UNITS 03/03/21), with off street parking as per attached plans. To combine the 2 existing parcels; 1501963000 consisting of 3,995 SF and Parcel 1501692000 4,099 SF to create a new lot consisting 8,095 sqf

Case: BOA-1202529 Address: 55 Bowdoin Avenue Ward 14 Applicant: Kathalene MacPherson Articles: Art. 65 Sec. 08Three family dwelling is a forbidden use in this zoning sub district Art. 65 Sec. 08 Dwelling unit located in basement is forbidden Article 65, Section 9 Side Yard Insufficient Purpose : This is the renovation of an existing 2 family into a 3 family residence. A 1 car garage along with a loft space above which will be part of the adjacent unit. The existing lower unit 1 duplex will be converted into 2 units