Zoning Board of Appeal hearing

November 9, 2021 & November 16, 2021

Case: BOA-1016543 Address: 70 Eutaw Street Ward 1 Applicant: Maria Grimaldi

Case: BOA-890949 Address: 56 Faywood Avenue Ward 1 Applicant: Luciano Robadel

Case: BOA-1001052 Address: 60-62 Alpine Street Ward 12 Applicant: Norberto Leon, RA

Case: BOA-818377 Address: 111 Terrace Street Ward 10 Applicant: Michael P Ross, Esq

Case: BOA- 985935 Address: 705 VFW Parkway Ward 20 Applicant: Loutfi Nassif

Case: BOA- 1027373 Address: 171-179 Bowdoin Street Ward 15 Applicant: Joseph Feaster, Jr, Esq

Case: BOA- 923906 Address: 238 Saratoga Street Ward 1Applicant: Elia Goren

Case: BOA- 952103 Address: 658-660 East Broadway Ward 6 Applicant: John Pulgini

Case: BOA-463655 Address: 120 West Fourth Ward 6 Applicant: Marc LaCasse

Case: BOA-1118842 Address: 28 Hill Top Street Ward 16 Applicant: Deborah Nee

Case: BOA- 1151928 Address: 194-200 Shawmut Avenue Ward Applicant: David A. Gottlieb

Case: BOA-659702 Address: 86-88 North Washington Street Ward 3 Applicant: Dennis Quilty

Case: BOA# 1264412 Address: 14b Geneva Street Ward 1 Applicant: 14B Geneva St, LLC Purpose: New construction of four residential units, 4 stories, with roof deck, four ground level parking spaces. Fully sprinklered building. Violation Violation Description Violation Comments 9th 780CMR 1006.3Egress from stories or occupied roofs The means of egress system serving any story or occupied roof shall be provided with the number of exits or access to exits based on the aggregate occupant load served in accordance with this section. The path of egress travel to an exit shall not pass through more than one adjacent story.9th 780 CMR 1011 Stairways1011.12.2 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- 1266935 Address: 144-162 Charles Street Ward 5 Applicant: Ashley Tan Article(s): Article 32, Section 4.GCOD, Applicability - Groundwater Conservation Overlay District Applicability Purpose : Change occupancy. Add office use (and related renovations) on the upper (2,3,4) floors in the place of a portion of existing parking all within the existing building envelope. Add common main roof deck and a roof deck on the third story and create new bicycle storage on ground floor.

Case: BOA-1268004 Address: 77 Chestnut Street Ward 5 Applicant: Chestnut 77 Realty Trust Article(s): Article 32, Section 4.GCOD, Applicability - Groundwater Conservation Overlay District Applicability Purpose: Installation of infiltration system per BWSC requirements

Case: BOA-1030567 Address: 726 Eaat Eighth Street Ward 7Applicant: 726 East Eighth Street, LLC Article(s): Art. 29 Sec. 04 Greenbelt Protection Overlay District Applicability - GPOD APPLICABILITY Purpose : Erect a new three unit (3 unit) dwelling with 5 off street parking on ground level, as per plans. Existing house to be razed under separate permit.

Case: BOA- 1237032 Address: 340 Meridian Street Ward 1 Applicant: 340 Meridian Street, LLC Article(s): Article 27T 5 East Boston IPOD Applicability Art. 53, Section 8 Use: Forbidden 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 Usable Open Space Insufficient Article 53, Section 52 Roof Structure Restrictions Art. 53, Section 56 Off Street Parking Insufficient Purpose : Change the occupancy from a three family dwelling to a four family dwelling. Scope includes a new basement unit with interior renovations of existing building and a new roof deck.

Case: BOA-1264910 Address: 64 Haynes Street Ward 1 Applicant: Lightning Realty, LLC Article(s): Article 27T 5 East Boston IPOD Applicability Article 53, Section 57.3Traffic Visibility Across Corners 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 9 Usable Open Space Insufficient Article 53, Section 9 Front Yard Insufficient Article 53, Section 9 Side Yard Insufficient Article 53, Section 9 Rear Yard Insufficient Purpose: Erect a three (3) unit four (4) story residential dwelling with a roof deck and parking for three (3) vehicles.

Case: BOA#1264913 Address: 64 Haynes Street Ward 1 Applicant: Lightning Realty, LLC Purpose: Erect a three (3) unit four (4) story residential dwelling with a roof deck and parking for three (3) vehicles. 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-1256914 Address: 437 Frankfort Street Ward 1 Applicant: 441 Frankfort Street, LLC Article(s): Article 27T 5 East Boston IPOD Applicability Purpose :Erect a three (3) unit residential dwelling with parking for three (3) vehicles as per plans.

Case: BOA-1261554 Address: 125-131 Sumner Street Ward 1 Applicant: Clippership Apartments, LLP Article(s): Art. 53, Section 15 Use: Conditional Purpose : Cost included in SF1227747. Change occupancy to include fitness center/spin studio.

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- 1253478 Address: 322 Bunker Hill Street Ward 2 Applicant: James Kingston Article(s): Art. 62 Sec. 08^ Usable Open Space insufficient Article 62 Section 12 Roof Structure Restrictions - Headhouse and roof deck proposed exceeding 330sqft. Proposed: 400 sqft Article 62, Section 7 Use: Forbidden - Multifamily use forbidden. 5 units in 3 structures Art. 62 Sec. 19 Neighborhood Design Overlay Districts Art. 62 Sec. 29 Off street parking insufficient -Min. required: 1.5 x 5 units = 7.5 spaces. Existing: 5 spaces. Proposed: 4 spaces Article 62, Section 8 Side Yard Insufficient Purpose : Change of use to unit 1 which is currently a funeral home to a 3 bedroom residential apartment below 2 existing apartments.New use is a 3 family.Renovate unit 1 apartment. Add head house and roof deck.

Case: BOA-1250624 Address: 345-347 Hanover Street Ward 3 Applicant: Engle & Volkers Boston, Keith Shirley Article(s):Art. 54 Section 12 Use: Conditional - Real Estate office on the first floor is a conditional use in a CC sub district. Purpose :Refiling ALT1066515 by JK. Change/Legalize occupancy of first floor retail space into a real estate office. No work to be done.

Case: BOA-1237014 Address: 157 West Springfield Street Ward 9 Applicant: Michael DelleFave Article(s): Art. 32 Sec. 32 4 Groundwater Conservation Overlay District, Applicability Art. 64 Sec. 34 Restricted Roof Structur Regs Article 64, Section 9 Floor Area Ratio Excessive Article 64, Section 9 Usable Open Space Insufficient Article 64, Section 9 Rear Yard Insufficient Art. 09 Sec. 01Reconstruction/Extenion of Nonconfroming Bldg. Purpose :Renovate and extend existing building; change legal occupancy from Church (Doc #3562/00) to 9 dwelling units.”

Case: BOA-1266730 Address: 4-18 Cheney Street Ward 12 Applicant: Jamaica Plain Neighborhood Development Corp. Article(s): Art. 50, Section 20 Maximum floor area ratio: 1 Proposed: 1.63 Art. 50, Section 19 Use: Conditional - 9 Ancillary parking spaces for 20 28 Cheney St Art. 50, Section 20 Maximum building height: 45' Proposed: 55' Art. 50, Section 40.1 Street Wall continuity Art. 50, Section 43 Off Street Parking Insufficient - Parking spaces required: 59 Proposed: 28 9 ancillary = 19 spaces Purpose : Erect a 58539 sf, 4 story, 59 residential unit building with a 28 parking space (9 dedicated to 20 28 Cheney Street) garage in basement. Part of a Large Project Review along with 20 28 Cheney Street (ERT1254457) and 3 Schuyler Street (ERT1254454).

Case: BOA-1266732 Address: 20-28 Cheney Street Ward 12 Applicant: Jamaica Plain Neighborhood Development Corp Article(s): Art. 50, Section 28 Use: Conditional - 9 Ancillary parking spaces Art. 50, Section 28 Use: Forbidden - Multifamily Art. 50 Sec. 44.2 Existing Bldg Alignment - modal calculation not provided to verify compliance Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Front Yard Insufficient - Min. required: 20' Proposed: 12.8' at Cheney St and 7.5' at Harwell St. Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient Purpose : Erect a 10,738 sf, 3 story, 9 residential unit building with 9 parking spaces in the garage on the adjacent 4 18 Cheney Street . Part of a Large Project Review along with 4 18 Cheney Street (ERT1254459) and 3 Schuyler Street (ERT1254454).

Case: BOA-1266736 Address: 3 Schuyler Street Ward 12 Applicant: Jamaica Plain Neighborhood Development Corp Article(s): Art. 50, Section 28 Use: Forbidden - Multifamily use Article 50, Section 44.2 Conformity Ex Bldg Alignment - modal not provided to verify compliance Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 29 Rear Yard Insufficient Purpose : Combine vacant 4,029 sf parcel #1202441000 with vacant 2,074 sf parcel #1202442000 totaling 6,103sqft to Erect a 5656 sf, 3 story, 6 residential unit building with 6 parking spaces on the lot. Part of a Large Project Review along with 4 18 Cheney Street (ERT1254459) and 20 28 Cheney Street (ERT1254457). 

Case: BOA-1253752 Address: 25 Doris Street Ward 13 Applicant: George Morancy Article(s): Art.65 Sec.08 Conditional - Two family detached conditional (variance required) Purpose : New two family construction . Court Case

Case: BOA- 1245715 Address: 11 Mclellan Street Ward 14 Applicant: Shannon Ishmael Article(s): Art. 10 Sec. 01 Limitation of parking areas - Proposed parking is within 5 feet to side lot line. Art. 60 Sec. 40 (5) Off street parking design/maneuverability Art. 60 Sec. 09 Rear yard insufficient Art. 60 Sec. 09 Floor Area Ratio excessive Art. 60 Sec. 9 Additional Lot Area Insuff Article 60, Section 9 Lot Area Insufficient Article 60, Section 9 Bldg Height Excessive (Stories) Article 60, Section 9 Bldg Height Excessive (Feet) Article 60, Section 9 Front Yard Insufficient Purpose :New Construction Three Family Triple Decker with four on grade parking spaces.

Case: BOA-1249024 Address: 8 Norton Street Ward 15 Applicant: Selwyn Eccles Article(s): Art. 65 Sec. 02 Conformity with Existing Building Alignment - modal not provided to verify compliance. Art. 65 Sec. 41Off street parking requirements - Design. Art. 10 Sec. 01 Limitation of off street parking areas Article 65, Section 9 Lot Area Insufficient Article 65, Section 9 Lot Frontage Insufficient Article 65, Section 9 Lot Width Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories) Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Purpose :Erect 3 family residential building with 3 tandem parking spaces

Case: BOA-1230101 Address: 35 South Russell Street Ward 3 Applicant: Edward O’Connell Article(s): Article 13, Section 1 Floor Area Ratio Excessive Purpose: Build new extension of living space to basement level.

Case: BOA#1235073 Address: 35 South Russell Street Ward 3 Applicant: Edward O’Connell Purpose: respects: Build new extension of living space to basement level. Violation Violation Description Violation Comments 2015 IEBC CH8 (780 CMR 08 Alterations Level 2 801.3 (Compliance) Minimum finished ceiling height to CHPT34) be 7' 0".

Case: BOA-1239322 Address: 109-119 Beach Street Ward 3 Applicant: Chad Lingle Article(s):Article 44, Section 6 Roof Additions in Leather Dist Article 44, Section 5 Maximum Building Height / FAR Purpose : Change occupancy from 43 residential and 2 commercial To 42 residential and 2 commercial. Combine two condominium units (units 5H and 5I) into a single larger living space, according to plans. Construct new penthouse addition and roof deck.

Case: BOA-1251648 Address: 250 Hanover Street Ward 3 Applicant: 250 Hanover Street, LLC Article(s): Article 54, Section 10 Floor Area Ratio Excessive Article 54, Section 10 Rear Yard Insufficient Article 54, Section 18 Roof Structure Restrictions Art. 54 Section 21 Off Street Parking Insufficient Art. 54 Section 21 Off Street Loading Insufficient Purpose : These plans are for zoning refusal only. Addition

Case: BOA- 1258540 Address: 498-528 Commonwealth Avenue Ward 5 Applicant: UMNVAG Kenmore, LLC (by Elsiana Zhaka) Article(s): Art. 23 Section 2 Off Street Parking (Public Assembly) Insufficient 2 add'l req'd Art. 32 Sec. 04 GCOD Applicability Purpose : 830 SF of proposed new solarium added to ground floor.

Case: BOA-1227118 Address: 47 Sumner Street Ward 7 Applicant: Swank Properties Article(s): Article 65, Section 9 Side 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 Purpose : Change of occupancy from a two family to a three family dwelling. Legalize third floor unit. Extend living space to basement, construct roof deck on existing front porch, and renovate as per plans. Proposed (1) off street parking.

Case: BOA-1249710 Address: 240 Blue Hill Avenue Ward 13 Applicant: Ariel Arias Article(s):Art. 50, Section 28 Use: Forbidden - Body art establishment (Tatoo) Purpose: Two Family dwelling & unisex salon converting into a Two family dwelling & Tattoo and barbershop.

Case: BOA-1258629 Address: 39 Hancock Street Ward 15 Applicant: Mandrell Company, LLC, Willie Mandrell Article(s):Art. 65 Sec. 08 Forbidden - Multifamily use Art. 65 Sec. 42^ Conformity with Existing Building Alignment Street modal calculation not provided to verify compliance 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 Bldg Height Excessive (Feet) Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Side Yard Insufficient Purpose :Combine lot ID1502668000 (2,881 sqft) and lot ID1502666000 (2,304sqft) to create one new lot totaling 5,185 sqft to be known as 39 Hancock Street and erect a new 4 family residential structure with 8 off street parking spaces.

Case: BOA- 124628 Address: 87-89 Minot Street Ward 16 Applicant: Cahill Karen Mary Article(s): Article 65, Section 42 Two or More Dwellings on the Same Lot Purpose : This will be 1 of 2 buildings on one Lot In conjunction Alt1134951.

Case: BOA-1234634 Address: 87R Minot Street Ward 16 Applicant: Cahill Karen Mary Article(s):Article 65, Section 9 Side Yard Insufficient Article 65, Section 42 Conformity with Existing Building Alignment Article 65, Section 42 Two or More Dwellings on the Same Lot Purpose : Convert the Accessory Garage into a Single Family Dwelling. This will be 1 of 2 Dwelling Units on one Lot Paper Drawings submitted.

Case: BOA-1260253 Address: 5 Rice Street Ward 16 Applicant: Dave France Article(s): Art. 10 Sec. 01 Limitation of off street parking areas - Parking within 5ft of side lot line. Article 65, Section 9.2 Dim Regs: Location of Main Entrance - Unit 2 entrance not facing front lot line. Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Rear Yard Insufficient Art.65 Sec. 8 Use: Forbidden - 4F in 2F zone Art. 25 Sec. 5 Flood Hazard Districts - Addition & Foundation work (underpinning) Purpose :Proposed addition and renovation to change use from a single family to four family, as per plans.

Case: BOA-1267438 Address: 60 Blake Street Ward 18 Applicant: J. Charles Lauture Article(s): Art. 69 Sec. 30.10 Rear Yard of Shallow Lot Purpose: Build handicap ramp, expand width of sunroom per attached plans, renovate kitchen.

Case: BOA-1255995 Address: 43 Como Road Ward 18 Applicant: Joe Consalvo Article(s): Art. 69 Sec.23 Neighborhood Design O.D. Article 69, Section 9 Side Yard Insufficient Article 69, Section 9 Rear Yard Insufficient Purpose : Change occupancy from 1 to 2 family dwelling per plans.

Case: BOA-1253228 Address: 55 Delle Avenue Ward: 10 Applicant: Anthony Macchi Article(s): Article 59, Section 8 Front Yard Insufficient Article 59, Section 8 Bldg Height Excessive (Feet) Article 59, Section 8 Bldg Height Excessive (Stories) Article 59, Section 8 Floor Area Ratio Excessive Article 59, Section 37 Off Street Parking & Loading Req-Off Street Parking Insufficient Purpose: Change of Occupancy from Single Family to Two Family Dwelling. Complete renovation of whole building. Install sprinkler whole building. Construct sunroom/headhouse and roof deck at existing roof level and rear addition.

Case: BOA-1253232 Address: 57 Delle Avenue Ward: 10 Applicant: Anthony Macchi Article(s): Article 59, Section 8 Bldg Height Excessive (Stories) Article 59, Section 8 Bldg Height Excessive (Feet) Article 59, Section 8 Floor Area Ratio Excessive Article 59, Section 8 Front Yard Insufficient Article 59, Section 37 Off Street Parking & Loading Req-Off Street Parking Insufficient Purpose: Confirm Occupancy as Single Family Dwelling. Change Occupancy to Two Family Dwelling. Construct new sunroom/headhouse at existing roof level and rear addition.

Case: BOA-1239375 Address: 10 Nottingham Street Ward: 14 Applicant: Winston Malcolm Article(s): Article 65, Section 9 Insufficient open space Art. 10 Sec. 01 Limitation of Area of Accessory Uses-5' Side yard buffer req. Purpose: Curb cut for driveway for 4 cars

Case: BOA-1251800 Address: 191 Milton Street Ward: 16 Applicant: Gerald Powers Article(s): Article 65, Section 9 Side Yard Insufficient Purpose: Install 10' x 10 Pergola. Four 8" x 8" posts on 12" x 48" footings. Pergola materials Radiata Pine.

Case: BOA-1203714 Address: 241 Chestnut Avenue Ward: 19 Applicant: Timothy Burke Article(s): Art. 09 Sec. 01 Reconstruction/Extenion of Nonconfroming Bldg. Art. 55 Sec. 09 Insufficient rear yard setback Purpose: Install new decking and railings on existing deck framing to remain and extend deck as shown. Install new hot tub and associated mechanical and electrical services.

Case: BOA-1254317 Address: 293 Stratford Street Ward: 20 Applicant: Paula Callaghan & Krista Fulton Article(s): Art. 56 Sec. 08 FAR Excessive- Max. allowed: 0.4 Proposed: 0.43 Art. 56, Section 8 Bldg Height Excessive (Stories) Purpose: The proposed addition consists of a front dormer 11’ 9” wide by 4’ 4” deep and rear shed dormer 28’ wide by 10’ 9” deep, new third level includes a master suite with bedroom, bathroom, and closet space.

Case: BOA-1256458 Address: 176 Faneuil Street Ward: 22 Applicant: Theresa Gallagher Article(s): Article 51, Section 9 Bldg Height Excessive (Stories) Article 51, Section 9 Front Yard Insufficient Article 51, Section 9 Side Yard Insufficient Purpose: Converting the second floor attic space into living space with a shed dormer one side and a small dormer the other side. The living area will consist of two bedrooms, a bathroom and a hallway/office area. All work will be done to the architectural and structural plans provided.

Case: BOA-1194620 Address: 33 Bartlett Street Ward: 2 Applicant: Timothy Sheehan Articles: Art. 62 Sec. 25 Roof Structure Restrictions Article 62, Section 8 Side Yard Insufficient Purpose : This is the renovation of an existing third floor attic. The renovated space will consist of a master bedroom along with bath and guest bedroom. The existing gable roof will be enlarged with the addition of shed and gable dormers. 

Case: BOA- 1235458 Address: 11 Atlantic Street Ward: 7 Applicant: Jeremy Sears Article(s): Article 68, Section 8 Add'l Lot Area Insufficient Article 68, Section 8 Side Yard Insufficient Article 68, Section 8 Front Yard Insufficient Article 68, Section 29 Roof Structure Restrictions Purpose : Confirm occupancy as a one family and change to two family. Complete interior renovation, basement and roof structural work, and install new roof deck.

Case: BOA-1244821 Address: 16 Courtney Road Ward: 20 Applicant: Mai Phung Article(s) Article 56, Section 8 Floor Area Ratio Excessive Article 56, Section 8 Side Yard Insufficient Purpose: Proposed to construct a two and half story addition of 20’x26.5’ at the rear of an existing structure with full basement, kitchen and family room on first floor and master bathroom and full bath on second floor.

Case: BOA- 1125330 Address: 42 Shirley Street Ward 8 Applicant: Jack Zaylor Articles: Article 50 Section 28 Use Regulations 14 family use: Forbidden Article 50, Section 29 Add'l Lot Area Insufficient total lot area required: 22,000 sqft Proposed: 8,995 sqft Article 50, Section 29 Floor Area Ratio Excessive Max. allowed: 0.8 Proposed: 2.0 Article 50, Section 29 Bldg Height Excessive (Feet) Max. allowed: 35' Proposed: 42' 7 3/4" Article 50, Section 29 Bldg Height Excessive (Stories) Max. allowed: 3 Proposed: 4 Article 50, Section 29Usable Open Space Insufficient Required: 650sqft x 14 = 9,100 sqft Article 50, Section 29 Front Yard Insufficient Required: 20' Proposed: 12.4' Article 50, Section 29 Side Yard Insufficient Required: 10' Proposed: 4.5' Article 50, Section 29 Rear Yard Insufficient Required: 30' Proposed: 5.1' Article 50, Section 43 Off Street Parking & Loading Req 50.43.6.d) Insufficient parking space required dimensions Article 50, Section 44.2 Conformity Ex Bldg Alignment Modal not provided to verify conformity with existing building alignment Purpose: New 14 Unit Multi family building to be on one lot resulting of combining two lots on application ALT1053976. Eplan > BOA