Zoning Board Of Appeal Hearing

November 15, 2022, November 17, 2022 & December 6, 2022

Case: BOA- 1035611 Address: 28 Goodale Road Ward 14 Applicant: Hezekiah Pratt, AIA

Case: BOA- 763614 Address: 7 Cleveland Street Ward 12 Applicant: Vernon Woodworth FAIA

Case: BOA- 1413023 Address: 41 Lagrange Street Ward 3 Applicant: SFH 48 Boylston LLC

Article(s): Article 32, Section 4.GCOD, Applicability

Purpose: New erect a 19 Story apartment building containing 126 units with amenity space.

Case: BOA-1393355 Address: 304 Paris Street Ward 1 Applicant: Roman Catholic Archdiocese of Boston Article(s): Art. 32 Sec. 04 GCOD Applicability Article 27T - 5 East Boston IPOD Applicability Article 53 Section 56 Off-Street Parking & Loading Req - Insufficient parking- 1/unit Article 53 Section 9 Insufficient lot size- 2,000sf req. Article 53 Section 9 Insufficient additional lot area per unit Article 53 Section 9 Excessive f.a.r.-1.0 max. Article 53 Section 9 Maximum# of stories exceeded -3 story max Article 53 Section 9 Insufficient open space per unit- 300sf/unit req. Article 53 Section 9 Insufficient rear yard setback -10' req. Article 53 Section 9 Side yard Article 53 Section 9 Dim Reg Applic in Res Sub Dist - Building height excessive (35' max)

Purpose:Raze existing structure and erect a three (3) unit residential dwelling with private roof deck. *Existing structure to be razed on a separately reviewed and issued demolition sf permit.

Case: BOA-1385988 Address: 817 East Broadway Ward 6 Applicant: Michael Ahern

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

Purpose: Construct a four story addition to the rear of the property with new rear stairs for egress eliminating the connecting balconies and allowing 817 and 819 to share new stair to grade (existing Base building is being renovated under SF1324468 for other associated work.)

Case: BOA-1365467 Address: 100 Allstate Road Ward 7 Applicant: Boston Land Bank Realty Trust

Article(S): Article 65 Section 15Use Regulations - Use: Accessory Parking: Conditional Article 65 Section 15 Use Regulations – Use: Multifamily Dwelling: Conditional Article 65 Section 16 Floor Area Ratio Excessive Article 65 Section 16 Building Height Excessive Article 65 Section 16 Rear 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 Loading Insufficient

Purpose: Construct a new 5 story, Mixed Use Building. On the Ground Level will be a Ten (10) Vehicle at grade Parking Garage. On the 2nd Floor will be Commercial / Office Use. On Floors 3 thru 5 will be Nine (9) Residential Units.

Case: BOA-1376022 Address: 210 West Springfield Street Ward 9 Applicant: Gregory McCarthy

Article(s): Art. 32 Sec. 04GCOD Applicability - GCOD: extension of any structure, will occupy more than 50 sq. ft. of lot areas. Art. 64 Sec. 09 Town House/Row House Extensions into Rear Yard Art. 64 Sec. 34Restricted Roof Structure Regs – In the South End Neighborhood District, no roofed structure designed or used for human occupancy.

Purpose: Addition of Rear Deck on 2nd floor, and addition of roof deck private to the top floor unit with interior access only for unit 2. Amendment to ALT1340313.

Case: BOA- 1396276 Address: 78 Rutland Street Ward 9 Applicant: Chris Rapczynski

Article(s): Art 64.9.4 Town/Rowhouse extension into rear

Purpose: SF1277295, SF1277289, SF1277298 Change of Occupancy from 3 family to single family new windows on front of building, new

main entry, rear decks, restore bay window, 2 windows on Trustees pocket park Emergency structural work at bow front window on level 3 (SF1277295, SF1277289, SF1277298) s

Case: BOA-1361351 Address: 1617 Tremont Street Ward 10 Applicant: Lubavitch of Cambridge, Inc

Article(s): Article 59, Section 7Use Regulations -Use: Transitional Housing: Conditional Article 59, Section 8 Floor Area Ratio Excessive Article 59, Section 8Building Height Excessive Article 59, Section 8Usable Open Space Insufficient Article 59, Section 8 Front Yard Insufficient Article 59, Section 8 Side Yard Insufficient Article 59, Section 37 Off Street Parking & Loading Req - Off Street Parking Insufficient Article 59, Section 37Off Street Parking & Loading Req - Off Street Loading Insufficient Article 59, Section 8 Rear Yard Insufficient Article 59, Section 7 Use Regulations - Use : Community Center on 2nd Floor: Forbidden

Purpose: Demolish existing Buildings. Combine ALT 130939 lot 1615 Tremont Street with ALT 1310943 lot 1617 Tremont for addition to1615 Tremont ALT1310951. Change Occupancy from a Two (2) Family Dwelling and Hall to become a Jewish Community Education Center & Social Work spaces for parsonage & short term Hospitality Suites for Families receiving medical treatment. Construct a 4 story addition attached to existing Building. There will be Classroom spaces located in Basement. On the 2nd Floor will be a Community Center

space. On Floors 3 & 4 will be temporary Lodging Rooms (12 Rooms total). Construct a common Roof Deck.

Case: BOA-1344019 Address: 6 Moreland Street Ward 12 Applicant: Patrick Millane

Article(s): Article 50, Section 43Off Street Parking & Loading Req - Off street parking is insufficient

Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Floor Area Ratio Excessive

Article 50, Section 29 Add'l Lot Area Insufficient

Purpose: Convert basement currently used as storage to habitable space. Change occupancy from 4 to 5 units.

Case: BOA-1406168 Address: 750-754A Adams Street Ward 16 Applicant: Arrowsmith Davis, LLC/David Arrowsmith Manager

Article(s): Art. 55 Sec. 65 41Off Street parking insufficient - Required .3 per seat proposed 83 seats and proposed 0 parking space Article 65, Section 15 Use Regulations - Large Restaurant over 2500 s.f.: Use Forbidden

Purpose: Change of Occupancy from a Cafe with take out to Restaurant with takeout and Live Entertainment.

Case: BOA- 1399265 Address: 60RAlban Street Ward 17 Applicant: Andrea Dietrich

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

Article 65, Section 9 Front Yard Insufficient Article 65, Section 42.13 Two or More Dwellings on Same Lot

Article 65, Section 42 Application of Dimensional Req Article 65, Section 9 Bldg Height Excessive (Feet)

Purpose: Tear down an existing two car garage behind our house and replace it with a carriage barn style two car garage/two bedroom apartment for multi generational living space. The new structure would expand the footprint of the existing garage on our 13,500 foot lot in Dorchester.

Case: BOA- 1352046 Address: 48 Industrial Dr Ward 18 Applicant: Jason Parillo

Article(s): Article 69 Section 28Sign Regulations - 69 28.2(c) Free standing Signs: Forbidden. Bottom of sign lower than 8ft from grade. Area exceeds 15sqft

Purpose: Installation of one 8' 0" h x 3' 5 5/8" internally illuminated monument (free standing) sign for "Tesla".

Case: BOA-1387346 Address: 631-633 Cummins Highway Ward 18 Applicant: Sharon Quiroz

Article(s): Article 60, Section 9 Rear Yard Insufficient Article 60, Section 9 Side Yard Insufficient

Article 60, Section 9 Front Yard Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 8 Use: Conditional Article 60, Section 37 Off Street Parking Insufficient Ar.60. Sec 38 Parking screening & buffering

Purpose: Addition to existing building and change occupancy to financial literacy educational center.

Case: BOA- 1418171 Address: 169 Maverick Street Ward 1 Applicant: Trichilo Development, LLC

Article(s): Art. 53 Sec. 08 Forbidden - Four Residential units

Purpose: Erect addition, renovate, and change occupancy from three (3) to four (4) residential units with rear and roof decks.

Case: BOA-1412172 Address: 2 Coppersmith Way Ward 1 Applicant: Trichilo Development LLC (by Richard C. Lynds, Esq

Article(s): Article 27T - 5 East Boston IPOD Applicability - East Boston IPOD Applicability Article 32, Section 4. GCOD, Applicability - Groundwater Conservation Overlay District Applicability Article 53 Section 56 Off-Street Parking & Loading Req - Off-Street Parking Insufficient Article 53 Section 9 Lot Area Insufficient 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 Usable Open Space Insufficient Article 53 Section 9 Side Yard Insufficient Article 53 Section 9 Rear Yard Insufficient

Purpose: Erect a 4 story Three (3) Family Dwelling with Roof Deck exclusive to Unit #3.

Case: BOA-1306816 Address: 335 K Street Ward 7 Applicant: Ryan Spitz

Article(s): Article 68. Section 8.4 Dim Regs: Extension in Rear Yard Article 68, Section 8.3 Dim Regs: Location of Main Entrance Article 68, Section 8 Add'l Lot Area Insufficient Article 68, Section 8 Rear Yard Insufficient

Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Bldg Height Excessive (Feet) Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 7.2 Basement Units Forbidden Article 68, Section 29 Roof Structure Restrictions Article 68, Section 8 Front Yard Insufficient - Along 7th St.

Article 68, Section 33 Off Street Parking & Loading Req - Off street parking is insufficient

Purpose: Change from1 family/lodging house to three family, will be renovated and an additional floor added which will increase height of building. A two-car garage will be added to the rear of the building.

Case: BOA-1397661 Address: 790 Columbia Road Ward 7 Applicant: Michael Higgins

Article(s): Art.65 Sec. 8 Use: Forbidden - Day Care Use Forbidden

Purpose: Add child care 15 months to 2.9 to existing school Saint John Paul, existing occupancy load of 39 to remain the same Music room number 116 to be changed to Daycare, Ground level show on plans submitted no work to be done, existing CI number 72217.

Case: BOA- 1408351 Address: 570R Warren Street Ward 12 Applicant: Derric Small

Article(s): Article 50 Section 28 Use Regulations 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 InsufficientArticle 50, Section 44.13 Two or More Dwellings on Same Lot

Purpose: Change occupancy from a two family to a lodging house for 10 lodgers.

Case: BOA- 1408344 Address: 570 Warren Street Ward 12 Applicant: Derric Small

Article(s): Art. 07 Sec. 03 Conditions for Variance - PROVISO: To petitioner only

Purpose: 17 Lodgers and 1 owner occupied ALT971844; Remove provision to this petitioner only, re: BOA1013092.

Case: BOA- 1381349 Address: 398 Neponset Avenue Ward 16 Applicant: Matthew Kinlin

Article(s): Article 9 Section 1 Extension of Nonconforming Use - Extension of a Nonconforming Use (Health Care Use is Forbidden in this Zoning District) Article 29 Section 4 GPOD Applicability - Greenbelt Protection Overlay District Applicability

Purpose: Extension of existing parking lot to add 21 parking spaces for patients at Daniel Driscoll Neponset Health Center. Work includes about 7000 SF of pavement area with segmental retaining wall sections and associated subsurface infiltration and drainage system that overflows to City drainage system.

Case: BOA-1364628 Address: 615 River Street Ward 18 Applicant: Rodney Romulus

Article(s): Article 60, Section 8 Use: Forbidden - 3 Family Article 60, Section 9 Side Yard Insufficient

Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Bldg Height Excessive (Stories)

Article 60, Section 9 Floor Area Ratio Excessive Art. 60 Sec. 40 Off street parking insufficient

Purpose: Change of occupancy from 2 family to 3 family. Scope includes the addition of a 3rd story to existing dwelling. Renovation and remolding according to plans, 3 bed 2 bath unit at newly added top level.

Case: BOA-1411320 Address: 15 Raymond Street Ward 22 Applicant: John Colarussoi

Article(s): Article 51, Section 9 Front Yard Insufficient - Required 20ft. Article 51, Section 8 Use: Forbidden - Proposed 6 Families = Multifamily Use Forbidden Article 51, Section 50.2 Conformity Ex Bldg Alignment Art. 51 Sec. 56^ Off street parking requirements - Parking required Forbidden

Purpose: Raze the existing building and construct 6 units building Revised plan (10/12/22). Change of Occupancy to 6 family building.

Case: BOA-1267825 Address: 295 Webster Street Ward 1 Applicant: Aaron Daigneault

Article(s): 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

Purpose: Change of occupancy from single family to three family dwelling. Extend living space to basement for additional unit. Renovate and upgrade M.E.P.

Case: BOA-1256992 Address: 221 East Eagle Street Ward 1 Applicant: Jose Carlos Medeiros

Article(s): Art. 53 Sec. 08 Forbidden - Multi family dwelling (6) units 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 Excessive Art. 53 Sec. 09 Usable open space requirements is insufficient Art. 53 Sec. 09 Height requirements is excessive (3stories max. allowed) 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. 09 Dimensional Regulations Art. 53 Sec. 09 Height requirements is excessive (35 ft high max. allowed) Article 27T 5 East Boston IPOD Applicability - E BOSTON IPOD APPLICABILITY Art. 53 Sec. 56 Off Street Parking - Off street parking requirements is insufficient

Purpose : Erect a multi family dwelling of six units with six parking spaces.

Case: BOA- 1303397 Address: 124 Leyden Street Ward 1 Applicant: Sandra Bonito

Article(s): Art. 53 Sec. 08 Forbidden Four family dwelling Use-Forbidden Art. 53 Sec. 09 Insufficient lot size

Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Number of allowed stories has been exceeded Art. 53 Sec. 09 Insufficient rear yard setback Art. 53 Sec. 09 Insufficient front yard setback Art. 53 Sec. 09 Insufficient side yard setback Art. 53 Sec. 56 Off-Street Parking Insufficient parking Article 27T - 5 East Boston IPOD Applicability

Purpose: See ALT 1262476 for subdivision permit application. Work proposed to include erection of new four family dwelling at 126 Leyden Street.Clarification; Subdivide 6004sf lot into two lots A (?) and B(?). Lot A 3634sf shall have a new structure to be known as 124 Leyden street and the existing structure known as 126 Leyden street (three family) on created Lot B 2370sf shall remain.

Case: BOA-1303651 Address: 126 Leyden Street Ward 1 Applicant: Sandra Bonito

Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg.-reduction of lot size via subdivision of a nonconforming USE >25% Forbidden Art. 53 Sec. 56 Off Street Parking - Insufficient parking Existing removed

Art. 53 Sec. 09 Insufficient lot size Art. 53 Sec. 09 Applicable in Residential Sub Districts (open space insufficient; Insufficient lot width Art. 53 Sec. 09 Insufficient lot width frontage Art. 53 Sec. 09 Excessive f.a.r. Art. 53 Sec. 09 Insufficient side yard

Purpose: Proposed to subdivide 126 Leyden Street existing lot into Lots A and B as shown on attached subdivision plan. (Companion application to the ERT filed for 124 Leyden street) *Structure to remain on lot =3 Family doc#446/1892



Case: BOA -1214604 Address: 423 William F McClellan Highway Ward 1 Applicant: Sons Divine Providence Inc.

Article(s): Art.11 Sec.06 Billboard Signs Article 11, Section 7 Electronic Signs - electronic/digital Art. 53, Section 28 Use: Forbidden - Use not identified in table "D" Art. 53, Section 55 Sign Regulations - Insufficient front yard setback

Art. 53, Section 55 Sign Regulations - Max allowed height exceeded

Purpose: Erect an outdoor advertising device (digital billboard) consisting of a single monopole with back to back digital faces with dimensions of 14 ' by 48 ' (60' Height) facing William F. McClellan Highway, East Boston.

Case: BOA-1280423 Address: 5 Magnolia Place Ward 13 Applicant: Akash Lalla

Article(s): Article 50, Section 29 Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive

Art. 50 Sec. 29 Usable open space insufficient Article 50, Section 29 Side Yard Insufficient

Art. 50 Sec. 43 Off street parking requirement - Design: Tandem space. Maneuverability.

Art. 10 Sec. 01 Limitation of off street parking areas - Parking spaces on the side yard shall be separated 5 feet from the side lot line, and shall not be located in the front yard area. Article 50, Section 29 Front Yard Insufficient

Art. 50 Sec. 29^ Lot Area Insufficient

Purpose: Convert single family dwelling to 3 Story 2 family dwelling. Expand house footprint as shown on proposed plot plan. Proposing 1 tandem space (2 parking spaces).

Case: BOA -950222 Address: 1 Carmen Street Ward 14 Applicant: James Christopher

Article(s): Article 65, Sec 65-41 Off-Street Loading Req. Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Lot Frontage Insufficient 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 Rear Yard Insufficient

Purpose: To Construct a new three story three unit residential building in association with lot subdivision ALT931392.

Case: BOA -950227 Address: 1A Carmen Street Ward 14 Applicant: James Christopher

Article(S): Art. 65 Sec. 41 Off street parking requirements - Off street parking requirement is insufficient

Art. 65 Sec. 9 Minimum lot width requirement is insufficient Art. 65 Sec. 9 Minimum lot frontage requirement is insufficient Art. 65 Sec. 9 Minimum lot size required for the existing three family after subdivision is insufficient

Art. 65 Sec. 9 Floor area ratio is excessive Art. 65 Sec. 9 Usable open space is insufficient

Art. 65 Sec. 9 Side yard requirement is insufficient

Purpose: Subdivision of the existing lot at 1 Carmen St. To create two lots 1 Carmen St. Parcel No. 1440571000 to be 3,256 square Feet. New parcel will be 2720 square feet.

Case: BOA 1346254 Address: 10 Woodhaven Street Ward 18 Applicant: Derick Joyner

Article(s): Article 60, Section 11 Use: Forbidden Article 60, Section 9 Lot Width Insufficient

Purpose: To erect a two family dwelling with 4 off street parking space in the rear.

Case: BOA-1348905 Address: 120-124 Babson Street Ward 18 Applicant: Sketchone Studios

Article(s): Article 60, Section 8 Use: Forbidden - Elderly Housing Article 60, Section 8 Use: Conditional - Day care center, elderly

Purpose: 18 independent elderly housing plus adult daycare on ground floor.

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

For a rehearing on the applicant’s appeal to erect a billboard at 82-84 Boston Street.

On October 25, 2022, the Board granted the applicant’s request for Reconsideration and instructed the applicant to have all elevations and renderings completed, evaluated by ISD for zoning compliance, and submitted to the Board by the next hearing date. The Board also requested that the applicant specifically identify the billboards that they intend to remove as part of their proposal at the next hearing.

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. 9Residential 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