Zoning Board of Appeal Hearing

March 16, 2023 & March 28, 2023

Case: BOA-1142426 Address: 81 Prince Street Ward 3 Applicant: Nicholas Zozula, Esq

Case: BOA-803394 Address: 246-248 Dorchester Avenue Ward 6 Applicant: Joseph Hanley, Esq., Partner

Case: BZC-32903 Address: 188 High Street Ward 3 Applicant: George Morancy, Esq

Case: BOA-1029221 Address: 837 Saratoga Street Ward 1 Applicant: Richard, Lynds, Esq

Case: BOA-1183158 Address: 99 Maverick Street Ward 1 Applicant: Richard, Lynds, Esq

Case: BOA-1110007 Address: 47 Condor Street Ward 1 Applicant: Richard, Lynds, Esq

Case: BOA-903635 Address: 235 Leyden Street Ward 1 Applicant: Lorene Schettino, Esq

Case: BOA-903636 Address: 237 Leyden Street Ward 1 Applicant: Lorene Schettino, Esq

Case: BOA-1137713 Address: 375 Cummins Highway Ward 18 Applicant: John Pulgini, Esq

Case: BOA-1027373 Address: 171-179 Bowdoin Street Ward 15 Applicant: Matt Mueller

Case: BOA-1015905 Address: 296 Columbus Avenue Ward 4 Applicant: Jeremy Ko

Case: BOA-1096128 Address: 10 Rockland Street Ward 12 Applicant: Andrew Litchfield

Case: BOA- 1447927 Address: 23 Bennington Street Ward 1 Applicant: Mauricio Menendez

Article(s): Article 9, Section 2 Change in Non Conforming Use Article 53, Section 11Use Regulations - 3 unit Row House (First story) Forbidden Art. 53, Section 56 Off Street Parking Insufficient Article 32, Section 4.GCOD, Applicability Article 27T 5 East Boston IPOD Applicability Article 53, Section 52Roof Structure Restrictions

Purpose: Change occupancy from 2 family/commercial to a 3 family. Scope includes complete interior renovation, structural modifications and addition of FP/FA. New low roof rear terrace and replacing exterior materials.

Case: BOA-1285218 Address: 94 Morris Street Ward 1 Applicant: Rafael Galdamez

Article(s): Art. 32 Sec. 32 4Groundwater Conservation Overlay District, Applicability

Art. 27G E Boston IPOD Art. 53 Sec. 08Forbidden -Multifamily use Art. 53 Sec. 56^Off street parking insufficient - Required: 6 spaces. Provided: 0 Article 53, Section 57.2Conformity Ex Bldg Alignment - modal not provided to verify compliance Article 53, Section 9 Lot Area 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 (Stories) Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9Usable Open Space Insufficient Article 53, Section 9Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient

Purpose: Erect a four (4) unit residential dwelling with roof deck.



Case: BOA#1285217 Address: 94 Morris Street Ward 1 Applicant: Rafael Galdamez

Purpose: Erect a four (4) unit residential dwelling with roof deck.

Violation: Violation Description Violation Comments

9th 780 CMR 1011Stairways 1011.12.2 Roof access through a penthouse.

Case: BOA-1438826 Address: 86 Saint Botolph Street Ward 4 Applicant: Garrett Clinton

Article(s): Article 32, Section 4.Groundwater Conservation Overlay District Applicability Article 41 Section 6 Rooftop Addtns. in Prot. Area - Restricted Roof Structure District Applicability Article 41 Section 17Use Regulations - Use: Residential Use converted for more Families: Conditional Article 41 Section 19Off Street Pkg Insufficient - Off Street Parking Insufficient

Purpose: Confirm Occupancy as a Lodging House. Change of Occupancy from Lodging House (18 person) to 13 Residential Units.

Case: BOA- 1444961 Address: 354 E Street Ward 6 Applicant: George Morancy-ARTICLE 80

Article(s): Art 68 Sec 8 Dim reg app in res sub dist - Insufficient additional lot area per unit (Not yet presented to the BOA 1.17.23) Art 68 Sec 8 Dim reg app in res sub dist - Insufficient open space per unit (Not yet presented to the BOA -1.17.23)

Purpose: No record of occupancy. Confirm as church and change to 35 dwelling units. Perform interior and exterior renovations to existing former church building; erect two four story rear additions and one six story rear addition; add interior garage parking.

Case: BOA-1210175 Address: 37 Pearl Street Ward 13 Applicant: Renato Valentin

Article(s): Art.65 Sec. 8 Use: Forbidden - Multifamily Art. 65 Sec.42.7 Narrow Side Yard for driveway

Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories)

Purpose : Confirm occupancy as a two family and change to an 8 family (Reduced to a 6 family 04/12/23). Proposed addition with roof decks and renovation to change use from a two family to eight 6 dwelling units, as per plans with 8 parking spaces.

Case: BOA-1448154 Address: 183 Fuller Street Ward 17 Applicant: Andrew Litchfield

Article(s): Art. 65 Sec. 9Residential Dimensional Reg.s -Insufficient lot size 5000sf req. Art. 65 Sec. 9Residential Dimensional Reg.s - Excessive f.a.r. .5 max Art. 65 Sec. 9Residential Dimensional Reg.s - Insufficient side yard setback 10' required Art. 65 Sec. 9Residential Dimensional Reg.s - Insufficient front yard setback 15' req.

Purpose : Raze existing garage(storage shed) and construct a new 2 1/2 story, two family, residential building (type 5),

on a 4,250sf lot with two off street parking spaces in rear. (Basement space unfinished)

Case: BOA-1446415 Address: 544 River Street Ward 18 Applicant: Francisco Camilo

Article(s): Article 60, Section 11 Use: Conditional

Purpose: Change occupancy from store to liquors store.

Case: BOA-1436463 Address: 132 Central Avenue Ward 18 Applicant: Derric Small

Article(s): Art. 69 Sec. 09 Dimensional Reg. - Parking space Insufficient Article 69 Section 37 Screening & Buffering Req - Parking space Insufficient Article 69, Section 8 Use: Forbidden - Multifamily- Use Forbidden Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Lot Width Insufficient Article 69, Section 9 Bldg Height Excessive (Stories)

Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient

Purpose: Erect a three family dwelling on the vacant parcel.



Case: BOA-1448332 Address: 727 Atlantic Avenue Ward 3 Applicant: Stone’s Throw Cannabis, LLC-CANNABIS

Article(s): Violation Description Violation Comments Aft.44 Sec.10 Leather District Use: Conditional(n) 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.Aft.44 Sec.10 Leather District Use: ConditionalFirst floor Cannabis establishment is a conditional use in

the Leather District.Aft.44 Sec.10 Leather DistrictUse: ConditionalSecond floor Cannabis establishment is a conditional use in the Leather District.

Purpose : Change occupancy to include cannabis retail, including reinforcing walls with wire mesh or flashing for two vaults (1st and 2nd Floor), adding a dumb waiter, and removing 7 walls on 2nd floor. Building a new wall to expand 2nd floor vault area. Security system install. Building gate on 1st floor entry.

Case: BOA-1445185 Address: 68 Tremont Street Ward 2 Applicant: Carey Rogers

Article(s): Art. 62 Sec. 25 Roof Structure Restrictions - Changing existing Roof Profile Article 62, Section 8 Rear Yard Insufficient

Purpose: Project consists of interior/exterior renovations 1 family single home. Scope includes reconfiguration of interior/Exterior spaces, extension of living space 3rd floor attic , New Rear deck, roof Raised up to 3 story height and repair with change to existing profile. Ref. ALT1408985

Case: BOA-1407945 Address: 160 West Seventh Street Ward 6 Applicant: Eric Zachrison

Article(s): Art 68 Sec 29 Roof Structure Restrictions Art. 68 Sec.08 Dimensional Req. - Insufficient front yard setback (per Architect letter)

Purpose: Extend size of existing roof deck for unit # two 4 Family #ALT832353

Case: BOA-1409915 Address: 32 Fisher Avenue Ward 10 Applicant: Kieran Maher

Article(s): Art. 59 Sec. 7Use Regulations - Multi Family Dwelling Use Forbidden Article 59, Section 8 Add'l Lot Area Insufficient Article 59, Section 8 Bldg Height Excessive (Stories) Article 59, Section 8 Floor Area Ratio Excessive

Article 59, Section 8 Usable Open Space Insufficient Article 59, Section 37Off Street Parking & Loading Req

Purpose: Change occupancy from three (3) to five (5) family dwelling, renovate basement for new unit, attic existing finished space to be legalized as 5th unit. Add small shed dormer 4.5 feet wide on left side to increase egress stairs headroom to code and small rear deck.

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

Article(s): 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.

Case: BOA- 1369555 Address: 2207 Dorchester Avenue Ward 17 Applicant: Shlomo Geva

Article(s): Art.65 Sec. 8 Use: Forbidden - Change of Use from a 3 Family to a 4 Family in the "Garden Level"

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

Purpose: The scope of the project is to add a new 2 bedroom garden level apartment to an existing 3 unit building with an existing unfinished garden level. The 3 other units in the building are existing to remain.

(Change of occupancy from three units to four units. Fourth unit in the "Garden Level").



Case: BOA-1423269 Address: 1424 Blue Hill Avenue Ward 18 Applicant: Alfonso Sira

Article(s): Art. 60 Sec. 09 Floor Area Ratio excessive Art. 60 Sec. 09 ^ Usable open space insufficient

Art. 60 Sec. 40 Off street parking insufficient Art. 60 Sec. 60 9 Additional Lot Area Insuff

Art. 60 Sec. 08 Use Regs appl in Res Subdistr - Use: Multifamily Dwelling / Basement Apartment: Forbidden

Purpose: Change of Occupancy from a three family dwelling to a four family dwelling. Conversion of basement into a two bedroom, one bathroom unit and addition of bathrooms and pantry onto the existing rear porch throughout floors one through three.

Case: BOA-1432592 Address: 75 Tremont Street Ward 22 Applicant: Sarace Properties LLC, by: Joseph P. Hanley, Esq-ARTICLE 80

Article(s): Art. 51 Sec. 09 Excessive f.a.r.- .5 max Art. 51 Sec. 09 Number of allowed stories exceeded - 2.5 stories max Art. 51 Sec. 09 Dimensional Regulations - Max allowed height exceeded - 35' max Article 51 Section 8 Use Regulations - 70 Units in a 1 family subdistrict- Forbidden

Purpose : Erecting 70 Residential units with 74 garage and surface parking spaces. *Six stories (69'/74,000gsf)

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

Article(s): Violation Description Violation Comments Article 65, Section 8 Use Regulations Recreational cannabis establishment is a forbidden use in a 3F 5000 Sub district 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.

Purpose: Change occupancy from Food Processing and warehouse for food products to 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.

Case: BOA- 1406267 Address: 166 Chelsea Street Ward 1 Applicant: Gabriel Castano

Article(s): Art. 27G E Boston IPOD – Applicability Article 53, Section 9 Add'l Lot Area Insufficient Art. 53 Sec. 09 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 Rear Yard Insufficient Art. 53 Sec. 52^ Roof structure restrictions - Addition of 1 new floor Art. 53 Sec. 56^ Off street parking insufficient - New parking spaces required: 3.25 Proposed: 0 Art. 53 Sec. 01 Extension of nonconforming - Multifamily use is forbidden in a 3 family district. Use is conditional

Purpose: Seeking to change the occupancy from a 6 family dwelling to a 7 family dwelling. Also, to erect a fourth story addition.

Case: BOA- 1432527 Address: 184 Cowper Street Ward 1 Applicant: 184 Cowper Nominee Trustee

Article(s):Art. 25 Sec. 5 Flood Hazard Districts Art.53 Sec.08 Use Forbidden - Multi family dwelling unit use is a forbidden use. Art. 53 Sec. 09.3 Location of Main Entrance - In this zoning sub district, the main entrance of a dwelling shall face the front lot line (entrance walkway to the building is safely required) Art. 53 Sec. 09 Height requirement is excessive (2.5 stories max. allowed) the proposed is 3 stories.Art. 53 Sec. 53 57 Appl. of dimensional Req. - Front modal alignment Article 27T 5 East Boston IPOD Applicability Article 53, Section 9 Rear Yard Insufficient

Purpose: Combine two lots to make a bigger lot and construct a new 8 unit residential building on said lot.



Case: BOA-1406531 Address: 185 E Street Ward 7 Applicant: Garrison Equity LLC

Segio Vlad seeking with reference to the premises at: 185 E Street, Ward 07

Article(s): Art 68 Sec 29 Roof Structure Restrictions - Max allowed established height of 26.46' for the parcel has been exceeded Art 68 Sec 8 Insufficient additional lot area per unit Art 68 Sec 8 Insufficient rear yard setback Art 68 Sec 8 Dim reg app in res sub dist - Insufficient front yard setback (via revised plans show revised window designs

projecting into a required front yard at the second and third stories 3.9.23, 3.27.23)

Art. 68 Sec. 33 Off Street parking Req. - Design (space sizes)

Purpose: Combine parcels 0700523000, 0700526000 & 070052700, demolish existing structure on a separate permit and erect a new 3 story, 4 units unit residential building w/below grade garage and rear balconies as per plans submitted.

*BOA plan submission and scope reduced 3.9.23

Case: BOA-1423032 Address: 48 Ellery Street Ward 7 Applicant: George Morancy

Article(s): Art. 23 Sec. 01 Off street parking requirements - Min. parking spaces required: 14x0.9 = 12.6 Proposed: 7

Article 13, Section 1 Add'l Lot Area Insufficient - Min. lot required: 15,000 sqft Proposed: 5,249 sqft

Article 13, Section 1 Floor Area Ratio Excessive - Max. allowed: 1 Proposed: 3.5 Article 13, Section 1 Bldg Height Excessive (Feet) - Max. allowed: 40' Proposed: 60' Article 13, Section 1 Bldg Height Excessive (Stories) - Max. allowed: 3 Proposed: 6 Article 13, Section 1 Usable Open Space Insufficient - Min. required: 2,800 sqft Proposed: 1,044 sqft Article 13, Section 1 Side Yard Insufficient - Min. required: 3' Proposed: 8" Article 13, Section 1 Rear Yard Insufficient - Min. required: 20' Proposed: 10' 4"Article 13, Section 1 Front Yard Insufficient - Street modal calculation not provided to verify compliance with conformity with existing building alignment.

Purpose: Combine two lots into one. Parcel ID 0703407000 (with 2,625 sqft) and parcel ID0703406000 (with 2,624 sqft) the resulting lot will be 5,249 sqft for erection of a new 14 unit, 6 story multifamily building with residential lobby, 7 parking spaces, utilities at ground level, with the residential units on the floors above. Demolishing existing structure under SF:# and garage structure under SF:#.

Case: BOA-1405701 Address: 518-520 Park Street Ward 17 Applicant: Huu Le

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

Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Floor Area Ratio Excessive

Article 65, Section 9 Add'l Lot Area Insufficient Art. 65 Sec. 42^ Conformity with Existing Building Alignment

Purpose: Confirm as a two family and change use to a three family. Proposed new dormers and renovate as per plans.

Case: BOA- 1445525 Address: 522 Park Street Ward 17 Applicant: Huu Le

Article(s): Art. 65 Sec. 65 41.4 Parking Location - Using Spaces for 518 Park st.

Purpose: Filed in conjunction with ALT1382678. Parking @ 522 Park Street for 518 520 Park Street (3 spaces).

Case: BOA-1452582 Address: 197 Lexington Street Ward 1 Applicant: Roderick Sembrano

Article(s): Article 53, Section 9 Usable Open Space Insufficient Article 53, Section 9 Rear Yard Insufficient

Article 53, Section 9 Side Yard Insufficient

Purpose: Remove rear decks and rebuild to plans. We anticipate being refused due to Zoning and Building Code issues

highlighted on building plans.

Case: BOA-1440851 Address: 37 Merrimac Street Ward 3 Applicant: David Sokol

Article(s): Art. 06 Sec. 04 Other Protectional Conditions - Seeking relief from sunset proviso for off street parking lot.

Purpose: Remove proviso of 2 year sunset. No work to be done. Applying for conditional use for open air parking lot.



Case: BOA-1441137 Address: 205 Newbury Street Ward 5 Applicant: CenPer Holdings, LLC, by: John Moriarty

Article(s): Article 6 Section 4 Other Cond Necc as Protection - Change to a Previous Decision of the Zoning Board of Appeal ( BZC 30940 ) Takeout Restaurant Use Granted to this Petitioner Only

Purpose: Existing restaurant space, no addition alterations or construction required. New operator CenPer Holdings, LLC requires relief from Boston Zoning Board Article 36A "Restaurant with Takeout". Prior operator was granted same.

Case: BOA- 1427944 Address: 294 South Street Ward 19 Applicant: Derek Thomas

Article(s): Article 55, Section 9 Add'l Lot Area Insufficient Article 55, Section 9 Floor Area Ratio Excessive

Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Usable Open Space Insufficient

Art. 55, Section 40 Off Street Parking Insufficient - Garage parking removed. Article 55, Section 41.12 Two or More Dwellings on Same Lot

Purpose: Application for existing dwelling at 294 South Street in connection to ALT 1318693. This is one of two dwellings on the same lot.

Case: BOA-1427946 Address: 294R South Street Ward 19 Applicant: Derek Thomas

Article(s): Article 55, Section 9 Lot Area Insufficient Article 55, Section 9 Lot Width Insufficient Article 55, Section 9 Lot Frontage Insufficient Article 55, Section 9 Floor Area Ratio Excessive Article 55, Section 9 Front Yard Insufficient

Article 55, Section 9 Side Yard Insufficient Article 55, Section 9 Rear Yard Insufficient Article 55, Section 9 Usable Open Space Insufficient Art. 55, Section 40 Off Street Parking Insufficient Article 55, Section 41.12 Two or More Dwellings on Same Lot

Purpose: Confirm occupancy as garage. Change of occupancy from garage to single family. Homeowner seeks to convert an existing 400 square foot accessory car garage into a livable accessory dwelling unit. Owner is participating in the City of Boston’s, and specifically Department of Neighborhood Development led, ADU (Additional Dwelling Unit) 2.0 pilot program. Easement proposed at 290 South St for fire truck access to new dwelling. See Also ALT1394066.