Zoning Board of Appeal hearing

JULY 13, 2021; JULY 27, 2021; AUGUST 10, 2021; AUGUST 24, 2021; AUGUST 31, 2021

Case: BOA-719823 Address: 29 A Street Ward 6 Applicant: George Morancy, Esq

Case: BOA-853785 Address: 68 Forest Street Ward 8 Applicant: Eunice Williams

Case: BOA-701484 Address: 331 Columbia Road Ward 15 Applicant: Robert Nicholas

Case: BOA-#1229831 Address: 839 Saratoga Street Ward 1Applicant: 893 Saratoga Street, LLC Purpose: Change of occupancy to 6 units residential dwelling with 6 parking spaces and roof deck with roof hatch access. (BOA proviso 10/9/20). Raze existing building under SF. Violation: Violation Description Violation Comments 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-#1224884 Address: 121 Havre Street Ward 1 Applicant: Mattera Irrevocable Trust 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. Violation Violation Description Violation Comments 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-1212777 Address: 486-490 Bennington Street Ward 1Applicant: Andrew Riggi Articles: Art. 27G E Boston IPOD Art. 53 Sec. 12 FAR: Max. allowed: 1 Proposed: 2.81 Art. 53 Sec. 12 Building Height: Max. allowed: 35' Proposed: 43.6' Art. 53 Sec. 12 Rear Yard: Required: 20' Proposed: 3.1' Art. 53 Sec. 12 Open space required: 450 sq ft insufficient Art. 53 Sec. 56 Off-Street Parking Required residential: 1.75*9= 15.75 spaces Provided: 6 spaces Art. 53 Sec. 57 Dimensional Application - 53.53.1 - Street wall continuity in NBS Purpose : New construction of a 4 story building where the ground floor contains a studio style dwelling unit and 8 additional residential units reside on the upper 3 floors. 6 indoor parking spaces.

Case: BOA-1222066 Address: 304 Sumner Street Ward1 Applicant: 304 Sumner St., 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 Bldg Height Excessive (Feet) 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 53 Section 8 Use Regulations -Multi Family Dwelling Use : Forbidden Article 27T 5 East Boston IPOD Applicability Purpose : Change occupancy from three (3) to four (4) residential unit. Construct two story vertical addition and four story rear addition with rear and front decks for Unit #4. Renovate the existing structure. 

Case: BOA-1202617 Address: 226 Havre Street Ward 1 Applicant: A Limited Liability Company, LLC Articles: Art. 27GE Boston IPOD Art. 53 Sec. 08 Forbidden - 4 family use Art. 53 Sec. 09 Floor Area Ratio Excessive Art. 53 Sec. 09 Side yard insufficient Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Lot Frontage Insufficient Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 9 Usable Open Space Insufficient -Required: 3*400 = 1,200 sqft Provided 0 sqft (parking spaces and driveway are not open space) Art. 53 Sec. 56^Off street parking insufficient - Required: 3 *1.5 = 4.5 spaces. Proposed: 3 Art. 53 Sec. 56 Off St.Parking Requirements - Design: Access is through a driveway shared with the neighbor's lot. Dimensional requirements: 50% of the spaces shall be 8.5'x20' Proposed are 8.3' x20' Purpose : Change occupancy from a one (1) to a four (4) unit residential dwelling by erecting an addition with rear decks with three (3) parking spaces in rear.

Case: BOA-1222307 Address: 70 Shawsheen Road Ward 1 Applicant: Trichilo Development, LLC Articles:Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Lot Frontage Insufficient Article 53, Section 9 Lot Width Insufficient Article 53, Section 9 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 5 unit dwelling and 6 parking spaces.

Case: BOA-1223820 Address: 14B Geneva Street Ward 1 Applicant: 14B Geneva St., LLC Articles: Art. 25 Sec. 5 Flood Hazard Districts Article 27T 5 East Boston IPOD Applicability Article 53, Section 52 Roof Structure Restrictions Art. 53, Section 56 Off Street Parking Insufficient - 4 < 6 req'd Article 53, Section 57.2 Conformity Ex Bldg Alignment Article 53, Section 9 Add'l Lot Area Insufficient Article 53, Section 9 Lot Width Insufficient Article 53, Section 9 Lot Frontage 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 Art. 53 Sec. 09 Side yard insufficient Article 53, Section 9 Rear Yard Insufficient Purpose : New construction of four residential units, 4 stories, with roof deck, four ground level parking spaces. Fully sprinklered building.

Case: BOA-1224890 Address: 87 Putnam Street Ward 1 Applicant: Beachmont Investments, LLC Articles: Article 53Section 9 Insufficient additional lot area Article 53Section 9 Excessive F.A.R. Article 53Section 9 # of allowed habitable stories exceeded Article 53Section 9 Insufficient open space per unit Art. 53 Sec. 56 Off Street Parking -Insufficient parking Art. 53 Sec.08 Forbidden -4 unit dwelling Forbidden Art. 53 Sec.08 Forbidden -Footnote #7 Basement units Forbidden Article 27T 5 East Boston IPOD Applicability Article 53 Section 9 Insufficient side yard setback Purpose : Change occupancy from a three (3) to a four (4) unit residential dwelling and renovate existing building and add rear and roof decks as per plans.

Case: BOA-1226344 Address: 82 Moore Street Ward 1 Applicant: Eighty-Four Moore Street Trust Articles:Art. 27GE Boston IPOD Art. 53 Sec. 08 Forbidden - Multifamily use Art. 53 Sec. 52Roof Structure Restrictions Article 53, Section 57.3 Traffic Visibility Across Corners Art. 53 Sec. 09 Floor Area Ratio Excessive 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 9Rear Yard Insufficient Purpose : Raze existing structure, combine parcel numbers 0100867000 and 010086800 to create one lot consisting of 5,000 s.f. and erect a six (6) unit residential dwelling with parking for nine (9) vehicles.

Case: BOA-1226834 Address: 7 Columbus Square Ward 4 Applicant: David Cohen Articles: Art. 32 Sec. 32-4 Groundwater Conservation Overlay District, Applicability Art. 64 Sec. 09 Town House/Row House - Extensions into Rear Yard Article 64, Section 9 Floor Area Ratio Excessive Purpose: Amendment to BUILDING PERMIT ALT1145731 Extend the rear addition from 5'9" to 10'0" Convert large storage room on Garden Level to a bedroom with egress window. 

Case: BOA#1226846 Address: 7 Columbus Square Ward 4 Applicant: David Cohen Purpose: Amendment to BUILDING PERMIT ALT1145731 Extend the rear addition from 5'9" to 10'0" Convert large storage room on Garden Level to a bedroom with egress window. Violation Violation Description Violation Comments 2015 IEBC CH3 (780 CMR CHPT34) 03 Compliance Methods Fire Escapes 305 - Access shall not be through a window. Door required.9th 780 CMR 1021 Egress Balconies Egress balconies : shall be separated from the interior of the building by walls and opening protectives as required by Corridors. 9th 780 CMR 705 Exterior Wall Reference IBC table 705.8. Openings too close to the lot lines. One of the openings is giving access to the fire escape balcony.

Case: BOA-1206082 Address: 566 East Third Street Ward 6 Applicant: Josh Crowe Articles:Art 68 Sec 29 Roof Structure Restrictions Article 68, Section 33 Off Street Parking & Loading Req - insufficient parking spaces Article 68, Section 8 Bldg Height Excessive (Feet) Article 68, Section 8 Floor Area Ratio Excessive Article 68, Section 8 Usable Open Space Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Add'l Lot Area Insufficient Purpose : Change occupancy from 3 to 4 units (8BR total). Demo interior, front and rear building walls. Expand rear foundation, frame, add joist support. Create fourth 1BR/1Ba unit. Install 4 kitchens, 8 baths. Install new plumbing, electrical and windows throughout, new EPDM roof and 3 decks. All per code.

Case: BOA-1050100 Address: 680 Massachusetts Avenue Ward 8 Applicant: Scott Holmes Articles: Art. 32 Sec. 32-4 Groundwater Conservation Overlay District, Applicability Article 64, Section 9 Usable Open Space Insufficient Article 64, Section 36 Off-Street Loading Insufficient - article 64.36.5- Design (a) Article 64, Section 9 Floor Area Ratio Excessive Purpose : Change occupancy from five to six dwelling units. Renovate common areas.

Case: BOA-1212283 Address: 150 Quincy Street Ward 13 Applicant: Laura Palmer Articles: Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient Purpose : Erect new three family dwelling with proposed (3) off street parking on a vacant lot.

Case: BOA-1227691 Address: 241-243 Kittredge Street Ward 18 Applicant: Michelle C Archer Articles:Art. 67 Sec. 09 Side Yard Insufficient Article 67, Section 9 Excessive f.a.r. Purpose : Connect 2 existing mudrooms to create 2 larger rooms. Extend existing deck. Remodel 1 existing kitchen. Roofing and siding.

Case: BOA-1228408 Address: 69 Readville Street Ward 18 Applicant: Derric Small Articles: Art. 69 Sec. 30.1Bldg.Alignmnt Conformity - Modal not provided Art. 69 Sec. 30.13 2/More Bldgs on One Lot Art. 69 Sec. 29.5 Off St.Prk'g:Design - Incorrect parking spaces dimensions Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Side Yard Insufficient Purpose : Erect a two family dwelling with four parking spaces. In conjunction with ERT1193052.

Case: BOA-1228404 Address: 71 Readville Street Ward 18 Applicant: Derric Small Articles:Art. 69 Sec. 29.5 Off St.Prk'g:Design - Incorrect parking spaces dimensions Art. 69 Sec. 30.1 Bldg.Alignmnt Conformity - Modal not provided Art. 69 Sec. 30.13 2/More Bldgs on One Lot Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Side Yard Insufficient Purpose : Erect a two family dwelling with four parking spaces. This in conjunction with ERT1193049

Case: BOA-1185160 Address: 2363-2365 Washington Street Ward 9 Applicant: 2363 Washington St, LLC Articles: Article 50, Section 10 Use Regulations in Roxbury EDA - Cannabis Establishment Use:Conditional Article 50, Section 10 Use Regulations in Roxbury EDA - Any cannabis establishment shall be sited at least one-half mile or 2,640 feet from another existing cannabis establishment. Purpose: Change Occupancy from Store to "Cannabis Dispensary"

Case: BOA-11228936 Address: 7-11 Curtis Street Ward 1 Applicant: SawJnG, 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 Bldg Height Excessive (Feet) Article 53, Section 9 Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 57.3 Traffic Visibility Across Corners Article 53, Section 56 Off Street Parking & Loading ReqOff 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 residential building with 23 units and 17 parking spaces in a newly created lot containing 8,725 SF filed under ALT1227543. Raze building under SF1217082. See also ERT1207320.

Case: BOA-1228949 Address: 670-672 Saratoga Street Ward 1 Applicant: SawJnG, 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 Bldg Height Excessive (Stories) Article 53, Section 9 Floor Area Ratio Excessive Article 53, Section 9 Lot Area Insufficient Article 53, Section 56 Off Street Parking & Loading Req-Off Street Parking Insufficient Article 27T 5 East Boston IPOD Applicability Article 53 Section 8 Use Regulations - Multi Family Dwelling Use: Forbidden Purpose : Erect a new residential building with 6 units in a newly created lot containing 3,652 SF filed under ALT1227543. See also ERT1207314.

Case: BOA-1233748 Address: 14 Holborn Street Ward 12 Applicant: Norfolk Design & Construction Articles: Article 50 Section 29 Building Height ( # of Stories ) Excessive Article 50 Section 29 Front Yard Insufficient Purpose :To erect a new Two ( 2 ) Family Dwelling on vacant lot. This is a DND Project.

Case: BOA-1233752 Address: 15 Holborn Street Ward 12 Applicant: Norfolk Design & Construction Articles: Article 50 Section 29 Building Height ( # of Stories ) Excessive Article 50 Section 29 Front Yard Insufficient Article 10, Section 1 Limitation of Area -Limitation of Area of Accessory Uses Purpose : To erect a new Single Family Dwelling on vacant lot. This is a DND Project.

Case: BOA-1233756 Address: 15R Holborn Street Ward 12 Applicant: Norfolk Design & Construction Articles: Article 50 Section 29 Building Height ( # of Stories ) Excessive Article 50 Section 29 Front Yard Insufficient Article 50 Section 29 Rear Yard Insufficient Purpose :To erect a new 2 family dwelling on vacant lot This is a DND Project.

Case: BOA-1233758 Address: 17 Holborn Street Ward 12 Applicant: Norfolk Design & Construction Articles: Article 50 Section 29 Building Height ( # of Stories ) Excessive Article 50 Section 29 Front Yard Insufficient Purpose : To erect a new 1 family dwelling on vacant lot. This is a DND project.

Case: BOA-1216622 Address: 892 River Street Ward 18 Applicant: Thomas Geraghty Articles: Article 2A, Section 2A 1 Definitions - Entertainment Uses. Adult entertainment; amusement game machines in commercial establishment; amusement game machines in noncommercial establishment; bar; bar with live entertainment; bowling alley; billiard parlor; dance hall; drive in theater; fitness center or gymnasium; private club not serving alcohol; private club serving alcohol; restaurant with live entertainment not operating after 10:30 p.m. Applicant looking for 7 Day / 24 Hour operation. Purpose : Interior tenant buildout, New tenant/Fitness club operating 24 hours. Change in Occupancy from Dollar Tree (Retail) to 24 hour fitness(fitness/gym). Change of Use (Current Dollar Tree location)

Case: BOA-1157700 Address: 55 Neponset Avenue Ward 18 Applicant: Sandra Sanchez Articles: Art. 09 Sec. 01 Extension of Non Conforming Use Purpose : Per Plans description Build new exterior front egress to apt. 2 on second floor, install 36X80 door install 40sqft. of hardwood flooring install 6 floor joist on second floor install about 5/6 sheet of drywall finish.

Case: BOA-1213458 Address: 500-502 Western Avenue Ward 22 Applicant: 50 Western Avenue, LLC Articles: Article 51, Section 8 Use: Forbidden - Parking lot is a Forbidden use in a 3F 4000 Sub district Article 51 Section 16 Use Regulations - Parking for a fee is a Forbidden Use Purpose : Parking for a fee.

Case: BOA-1213461 Address: 7-9 Richardson Street Ward 22 Applicant: Rosine L. Garabedian Articles: Article 51, Section 8 Use: Forbidden - Parking lot is a forbidden use in a 3F 4000 sub district Purpose : Parking for a fee.

Case: BOA-1133499 Address: 117 Coleridge Street Ward 1Applicant: Jorge Betancur Articles:Article 9, Section 2 Change in Non Conforming Use Article 53, Section 9 Bldg Height Excessive (Feet) Article 53, Section 52 Roof Structure Restrictions Article 53 Section 8 Use Regulations - Multi Family Dwelling Use: Forbidden Article 27T 5 East Boston IPOD Applicability Purpose : Change of Occupancy from 3 unit to 4 unit Residential Building. Legalize existing basement unit. Construct side deck. Proposed (5) off street parking.

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-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- 1164225 Address: 390-396 West Second Street Ward 6 Applicant: Jeffrey D Boyer Articles: Article 68, Section 8 Front Yard Insufficient Article 68, Section 29 Roof Structure Restrictions Purpose: Four roof decks and two headhouses built on top of existing roof.

Case: BOA-1178769 Address: 19 Granada Park Ward 11 Applicant: Walter Lemus Articles: Art. 55, Section 8 Use: Forbidden 3F in 2F Zone Article 55, Section 9Usable Open Space Insufficient Purpose: Change of occupancy to 3 family. Update to the original building project (ALT898873), enclose 3rd floor deck. The contractor did something outside of the current building plan and we are working to get approval. We also have a contractor ready to put sprinklers in the unit but need a new building permit approved. Updated Plans Attached.

Case: BOA-1203726 Address: 89 Woodrow Avenue Ward 14 Applicant: 89 Woodrow, LLC Articles: Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Add'l Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Rear Yard Insufficient Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 37 Off Street Parking Insufficient Purpose: Subdivide existing parcel into two lots; (1. Lot B 3250 sq. ft. to contain existing 8-unit dwelling structure.); (2. Lot A 10,150 sq. ft. ,to be known as 8 Oakhurst St to contain new 9-unit dwelling structure and accessory parking.) No work to be done on this permit. New construction on separate ERT. 

Case: BOA-1178048 Address: 8-8A Oakhurst Street Ward 14 Applicant: 89 Woodrow, LLC Articles: Article 60, Section 8 Use: Forbidden MFR is a forbidden use in a 3F5000 Subdistrict Article 60, Section 9 Add'l Lot Area Insufficient Article 60, Section 9 Floor Area Ratio Excessive Article 60, Section 9 Usable Open Space Insufficient Article 60, Section 9 Rear Yard Insufficient Purpose: Erect new three story, 9 dwelling unit building with 13 accessory parking spaces at grade. New structure to be located on newly created lot of 10,150 sq. ft. under subdivision application ALT1155354.

Case: BOA-1184282 Address: 67 Hopedale Street Ward: 22 Applicant: Linceo, LLC Articles: Article 51, Section 8 Use: Forbidden 2F in 1F Zone Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Rear Yard Insufficient Purpose: Change occupancy from 1 family to 2 family; renovate existing basement living area as part of Unit 1; add 2 new egress windows in basement. Renovate kitchens on floors 1 and 2 and bathrooms on floors basement, 1, 2 & 3. Add exterior rear stair and deck. Add parking for 4 cars in rear yard from existing driveway as shown on plans.

Case: BOA-1164448 Address: 1778 Columbia Road Ward 7 Applicant: Andrew Enright “For a Remand Hearing pursuant to an Order of the Superior Court (Dkt. No. 2184CV1372) to determine whether any reasonable site plan conditions are required for Greenbelt Protection Overlay District compliance under standards of Article 29, Section 6 of the Zoning Code.” Purpose :Erect new three family dwelling with roof deck and parking garage.

Case: BOA-1150574 Address: 153-155 Blue Hill Avenue Ward 12 Applicant: Loretta Sparrow Et al Purpose: The petitioner’s seeks a determination that the Inspectional Services Department erred in issuing the permit# ALT1067111. The permit was issued as an allowed use.