Zoning Board of Appeal Hearing

 June 11, 2019

Case: BOA-648704 Address: 1857-1859 Dorchester Avenue Ward  16 Applicant: Kevin Cloutier

Case: BOA-651938 Address: 49 Hamilton Street Ward 15  Applicant: Vargas Dasilveira

Case: BOA-651909 Address: 51 Hamilton Street Ward 15  Applicant: Vargas Dasilveira

Case: BOA-897293 Address: 32 Blaine Street  Ward 22  Applicant: 1 Arborvitaes, LLC

Article(s): 50(50-43) 51(51-8) 51(51-23) 51(51-9: Lot area for the add'l units is insufficient, Floor area ratio is excessive, Height requirement is excessive (stories), Height requirement is excessive (ft), Usable open space is insufficient,

Front yard setback requirements insufficient & Rear yard setback

requirements insufficient)

Purpose: To change occupancy from a single family dwelling to a four family dwelling. Also, to erect a two story addition and side addition.

Case: BOA-931868 Address: 25 Henshaw Street Ward  22 Applicant: Timothy Burke

Article(s): 51(51-8) 51(51-9) 51(51-56)

Purpose: Change Occupancy from a Three (3) Family Dwelling to a Four ( 4 ) Family Dwelling. No work required.

Case: BOA-927234 Address: 61-67 Brighton Avenue  Ward 21  Applicant: Brighton Commons, LLC

Article(s): 51(51-9) 9(9-1)

Purpose: Application to legalize living space in basement of 61 Brighton Ave-nue and 67 Brighton Avenue, Allston, which is a pre-existing, non-conforming condition. No work to be done. {Combine four buildings into one to be known as 61-67 Brighton Avenue.}

Case: BOA-939076 Address: 900 Beacon Street  Ward 21  Applicant: Shinmio Tea

Article(s): 61(61-10)

Purpose: Change of occupancy from 32 apartments 2 retails stores, underground parking and restaurant, to 32 apartments 1 retail store, underground parking and restaurant and a bubble tea shop/Café with takeout.

Case: BOA-940453 Address: 3850 Washington Street  Ward 19  Applicant: Tom Falcucci

Article(s): 55(55-40) 55(55-41) 33(33-16: MFR Forbidden, (1a) Insufficient open space exclusive for parking or loading (<50% of lot) & (1b) Project subject to BOSCONCOM approval. (No documentation provided.)

Purpose: Demolish the existing structure. Erect a four story building with six residential units and six garage parking spaces.

Case: BOA-923557 Address: 1667-1671 Blue Hill Avenue  Ward  18 Applicant: Joseph Consalvo

Article(s): 60(60-39)

Purpose: Change existing tri-vision billboard to digital billboard.

Case: BOA-936751 Address: 42A Como Road  Ward  18 Applicant: Martin J. Keogh

Article(s): 65(65-9: Lot Width Insufficient & Lot Frontage Insufficient)

Purpose: Erect a new Single Family Dwelling on existing 6,411 sq ft Lot. There will be 2 Parking spaces in Garage under building.

Case: BOA-905438 Address: 64 Nelson Street Ward   17 Applicant: Steven A. Connelly, Trustee

Article(s): 65(65-39) 65(65-9: Lot size to erect the two family is insufficient, Floor area ratio is excessive & Front yard setback requirement is insufficient)

Purpose: Erect two-family residence on vacant lot to include basement and two separate driveway parking spaces per plans submitted.

Case: BOA-927969  Address:  1 Peabody Square Ward  16 Applicant: Linval Chambers

Article(s):  65(65-8)

Purpose: Change occupancy to Restaurant build-out: Strip, repair and refinish existing concrete floor. Rewire building, new plumbing, blue board and plaster ceiling and HVAC system. Reglaze storefronts windows and doors. Prime and paint to finish; No structural changes to the interior layout. Install new restaurant equipment.

Case: BOA-921284 Address: 77-83 Hancock Street  Ward  15 Applicant: Carlos Cabral

Article(s): 7(7-4)

Purpose: Remove proviso for this petitioner only for takeout restaurant. BZC-368380

Case: BOA-921796  Address: 775 Morton Street  Ward 14  Applicant: Antonio Ruscito

Article(s):60(60-8:Use:RetailStoresForbidden&Use:MultifamilyDwelling:Forbidden) 60(60-40:Off-Street Parking Insufficient, Off-Street Parking Design / Maneuverability & Off-Street Loading Insufficient) 60(60-9: Lot Area for Additional Dwelling Units Insufficient, Floor Area Ratio Excessive, Building Height Excessive, Building Height ( # of Stories ) Excessive, Usable Open Space Insufficient & Rear Yard Insufficient)

 Purpose: Proposal includes the joining of Parcels 3945-000 and 3915-000. Erect a 4 story Mixed-UseBuilding on 18,118 sq ft Lot. On the Ground Level will be a 29 space Parking Garage with 2 Retail spaces. On Floors 2 thru 4 will be 27 Residential Dwelling Units.

Case: BOA-916272 Address: 2-6 Hancock Street  Ward  13 Applicant: Kenneth Augen

Article(s):  6(6-4)

Purpose: Removing proviso for take-out from previous owner and BOA decision and to create new proviso so that it can be transferred to new owner; no work to be done.

Case: BOA-927639 Address: 100 Mount Pleasant Avenue Ward  8 Applicant: Philip Hresko

Article(s): 65(65-8) 65(65-42) 65(65-41.5) 65(65-9: Lot area for the add'l dwelling is insufficient, Floor area ratio is excessive, Height is excessive, Side yard requirement is insufficient, Rear yard requirement is insufficient & Usable open space is insufficient)

Purpose: Change of occupancy from a 2 family to 7 apartments. Add rear addition and making 7 apartments within existing building and new addition.

Case: BOA-930460 Address: 499 East Sixth Street  Ward  7 Applicant: Edward Donovan

Article(s): 68(68-8: Side Yard insufficient & Rear Yard insufficient)

Purpose: Confirm occupancy as a two-family dwelling (Existing Condition) and

building rear decks - Floors 1 & 2 with new route to deck from second floor. Strip and re-shingle rear exterior with new window (in rear).

Case: BOA-929699 Address: 744-748 Dudley Street Ward  7 Applicant: Lucky One

Article(s): 6(6-4) 

Purpose: Remove proviso that was granted to this petitioner only. Change to Chong Ming Zhao (#746 Dudley Street).

Case: BOA-931471 Address: 47 Emerson Street  Ward 6  Applicant: Chris Glaropoulos

Article(s): 27S(27S-5) 68(68-8) 

Purpose: Confirm occupancy as single-family dwelling. Full renovation to include

extending living space to basement, add bathrooms, remodel kitchen, and new exterior stairway.

Case: BOA-927273 Address: 133 Beacon Street Ward 5  Applicant: George Morancy

Article(s): 6(6-4) 8(8-7) 

Purpose: Extend legal occupancy of the building as a dormitory beyond the current expiration date of 6/30/19, as set by previous Board of Appeal proviso. No work to be done.

Case: BOA-827500 Address: 72 Burbank Street Ward  4 Applicant: Parkside Tower, LLC

Article(s): 32(32-6) 66(66-42) 66(66-9: Floor Area Ratio Excessive, Usable Open Space Insufficient & Rear Yard Insufficient)

Purpose: Construct a new 6 story, 36 Unit Residential Building.

Case: BOA-935217 Address: 48-50 Salem Street Ward  3 Applicant: Peter Lyons

Article(s): 54(54-12)

Purpose: Change of Use from Restaurant to Retail Bank Branch with attendant ATM.

Case: BOA-935781 Address: 33-59 Congress Street Ward 3  Applicant: Sing Ho

Article(s): 8(8-3)

Purpose: Install bathroom & sinks, with approved BOH stamped plan, tile floor, lighting & counter tops, painting, install doors, HVAC duck work only, fire alarm and sprinkler adjustment no cooking apply new sign permit, apply new 36A,

cabinet install.

Case: BOA-933749 Address: 1230-1264 Washington Street Ward 3  Applicant: Sue Saib

Article(s): 64(64-18)

Purpose: Change of Occupancy to include Restaurant with Take-Out at

1244 Washington Street.

Case: BOA-931560 Address: 149 Salem Street Ward 3  Applicant: Mira Giangregorio

Article(s): 54(54-21) 54(54-13: Floor Area Ratio Excessive, Usable Open Space Insufficient & Rear Yard Insufficient)

Purpose: Erect a new 6 story Mixed-Use Building.  There will be a Commercial space on the Ground Floor, and Nine ( 9 ) Residential Units above.  There will be a Roof Deck for the exclusive Use of the top Floor Unit ( Unit # 9 )only.  Existing Building to be razed under separate permit. Permit plans to be submitted upon ZBA approval.

Case: BOA-926108 Address: 27 Dwight Street Ward 3  Applicant: Ghita Akkar

Article(s): 64(64-9)

Purpose: This Amendment is filed to amend ALT801167/18 by revising the architectural, structural and fire protections plans. no cost see long form permit.* Rear deck/balcony extensions shown on plans.

Case: BOA-908555 Address: 290 Commercial Street Ward  3 Applicant: Mohamed Warsame

Article(s): 6(6-3A) 54(54-9)

Purpose: Extend proviso for Parking of 69 Vehicles for a fee.

Case: BOA-882063 Address: 181-183 North Washington Street Ward 3  Applicant: Mohamed Warsame

Article(s): 3(3-1A) 32(32-6) 54(54-12)

Purpose: Parking of 7 vehicles for fee.

Case: BOA-939082 Address: 25 Monument Avenue Ward 2  Applicant: Derric Small

Article(s): 62(62-8: Floor Area Ratio Excessive, Bldg Height Excessive (Feet), Usable Open Space Insufficient & Rear Yard Insufficient) 

Purpose: This application is for the construction of a three story rear addition. The existing non-habitable basement will converted to living space. The kitchen will be remodeled. A roof deck accessed by a hatch will be built as well.

Case: BOA-932408 Address: 20-22 Monument Street Ward  2 Applicant: Eric Darci

Article(s): 09(9-1) 62(62-25) 62(62-8: Insufficient rear yard setback, Excessive F.A.R. & Front yard requirements/ (62-30 (1) Conformity with existing building alignment)

Purpose: Renovate attic into living space, mechanical/storage space and deck. Install spiral stairway and half bath.

Case: BOA-931406 Address: 223 London Street  Ward 1  Applicant: Noel DiCarlo

Article(s): 53(53-56) 53(53-8:Table A- Basement units are forbidden & MFR-Forbidden) 53(53-9: Insufficient additional lot area per unit, Excessive F.A.R. & Insufficient open space)

Purpose: Confirm occupancy as  a three family residential dwelling, change to a four family residential dwelling. Also to extend living space into the basement and renovate the building. 

Case: BOA-900556 Address: 66 Wordsworth Street Ward 1  Applicant: 70 Wordsworth Street, LLC

Article(s): 53(53-56) 53(53-8) 53(53-9: Floor Area Ratio Excessive, Bldg Height Excessive (Stories), Side Yard Insufficient & Rear Yard Insufficient) 

Purpose: Erect a 5 Unit residential with parking for 4 vehicles.

Case: BOA-900554 Address: 216 Havre Street Ward 1  Applicant: 216 Havre Street, LLC

Article(s): 53(53-8) 53(53-56)

53(53-9:   Floor Area Ratio Excessive, Side Yard Insufficient, Rear Yard Insufficient,

 Bldg Height Excessive (# of Stories), Building Height Excessive, Lot Area for Additional Dwelling Units Insufficient & Usable Open Space Insufficient)

Purpose: Erect a new 4 story, Four ( 4 ) Unit Residential Dwelling.

Case: BOA-906215 Address: 41 Gladstone Street  Ward  1 Applicant: 45 Gladstone, LLC

Article(s): 53(53-8) 

Purpose: Erect a 3 unit residential dwelling with parking for 4 vehicles.

45 Minute Lunch Break

Case: BOA-899705 Address: 54 Bateman Street Ward  18 Applicant: Kira Gagarin

Article(s): 69(69-9)

Purpose: Extend living space to basement for Unit 1 to correct violation V386166.

Case: BOA-910016 Address: 17 Standard Street Ward 18 Applicant: Tim Longden

Article(s): 60(60-8) 60(60-9: Floor area ratio excessive, Bldg height excessive (stories), Usable open space insufficient, Front yard insufficient & Rear yard insufficient)

Purpose: Erect new 4-unit residential building on 6814 SF vacant land with propose 5 garage parking spaces.

Case: BOA-793903 Address: 24 Arcadia Park  Ward 15  Applicant: Patrick Mahoney

Article(s): 9(9-1) 65(65-8) 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-9) 65(65-9)

Purpose: Build addition and change occupancy from a 3 family to a 6 family dwelling. Consolidate lots per the plans. Combine parcel ID 1501557000 and Parcel ID 1501556000. Add off street parking for 5 cars.

Case: BOA-914035 Address: 7 Parkway Street  Ward 14  Applicant: Boston Homes Invest, LLC

Article(s): 10(10-1) 29(29-4) 60(60-9: Lot frontage requirement is insufficient, Front yard setback requirement is insufficient, Side yard setback requirement is insufficient& Rear yard setback requirement is insufficient)

Purpose: Construct new two family dwelling on a new subdivided lot created by subdividing 5 Parkway Street 5,702 square foot lot into two lots. New lot is for 7 Parkway Street which shall consist of 3,690 square feet and remaining shall be 2,012 square feet for 5 Parkway Street.

Case: BOA-914030 Address: 5 Parkway Street Ward 14  Applicant: Boston Homes Invest, LLC

Article(s): 60 (60-37) 60(60-9: Rear yard setback requirement is insufficient, Lot size for the dwelling units is insufficient, Floor area ratio is excessive& Usable open space is insufficient)

Purpose: Subdivide existing 5 Parkway Street 5,702 square foot lot into two lots. 2,012 square foot lot for 5 Parkway Street (Lot 1) and 3,690 square foot for 7 Parkway Street (lot 2) for construction of a new two family dwelling.  ERT904975 No work to be done for 5 Parkway Street.

Case: BOA-909790 Address: 33 Mayfield Street Ward  13 Applicant: Mai Phung

Article(s): 65(65-8) 65(65-9) 65(65-9) 65(65-9)

Purpose: Change of occupancy from a two-family to a three-family dwelling. Extend living space to attic for third unit. Construct new exterior side deck and stairway. Propose two (2) additional off-street parking.

Case: BOA-821297 Address: 10 Midland Street   Ward 13  Applicant: Vanko Studio Architects

Article(s): 65(65-8) 65(65-9: FAR excessive, Building height excessive.(feet), Building height excessive (stories), Side yard insufficient, Open space insufficient & Front yard insufficient)  

Purpose: Vertical 2 story addition. Change occupancy from 2 to 3 Family.

Case: BOA-821302 Address: 22 Edison Green  Ward  13 Applicant: Peter Vanko

Article(s):65(65-9: FAR excessive, Open space insufficient, Side yard insufficient & Rear yard insufficient)

Purpose: Complete renovation of 3 family dwelling ,extend living space into the basement, 3rd Floor Vertical Addition.

Case: BOA-903629 Address: 21-23 Wyman Street Ward  10 Applicant: Timothy Burke

Article(s): 55(55-8) 55(55-40) 

Purpose: Change occupancy from a three-family dwelling to a boutique hotel with 13 bedrooms.

Case: BOA-835792 Address: 3-5 South Whitney Street Ward 10   Applicant: Whitney South Nominee Trust

Article(s): 59(59-15) 59(59-16) 59(59-37)

 Purpose: Demolish the existing structure. Erect a new 6-story building with nine (9) residential units and seven (7) parking spaces.

Case: BOA-821295 Address: 40 Harvest Street Ward 7  Applicant: Peter Vanko

Article(s): 65(65-9: Floor Area Ratio Excessive, Bldg Height Excessive (Stories)

Front Yard Insufficient & Side Yard Insufficient)

Purpose: Change of occupancy from two-family to three-family dwelling. Reconstruct roof from gable to flat roof. Extend living space to basement and third floor. Construct new roof deck for Unit #3. Propose three (3) off-street parking.

Case: BOA-866583 Address: 560 East Fifth Street Ward  6  Applicant: Marc LaCasse

Article(s): 27S(27S-5) 68(68-29) 68(68-33) 68(68-8)

Purpose: Change occupancy from 3 family to 4 family building w/4 car garage, first & third floor additions and side, rear and roof decks as per plans.

Case: BOA-900588 Address: 799 East Third Street Ward  6  Applicant: Russel Radcliffe

Article(s): 27S(27S-5) 68(68-33) 68(68-8) 68(68-8) 68(68-8) 68(68-8.3)

Purpose: Raze existing building. Erect new six (6) townhouse-style dwelling with propose garage parking on each dwelling.

Case: BOA-863411 Address: 141 West Second Street Ward  6  Applicant: David Arrowsmith

Article(s): 68(68-29: Proposed work exceeds aggregate 330sf/10% of roof area, Roof plateform > 12" above main roof & Access) 68(68-8) 68(68-27S-5)

Purpose: Roof Top Private Decks Installation Per Plans. Roof Top Common Deck Installation Per Plans. Roof Top Penthouse and Stair Installation Per Plans.

Case: BOA#863415 Address: 141 West Second Street Ward 6  Applicant: David Arrowsmith

Purpose: Roof Top Private Decks Installation Per Plans. Roof Top Common Deck Installation Per Plans. Roof Top Penthouse and Stair Installation Per Plans. Section: 9th Edition 780 CMR CHPT 01. ch 1, section 101.4; Referenced codes; 521 CMR Accessibility to common area roof deck required.

Case: BOA-915460 Address: 71-73 Gainsborugh Street Ward  4  Applicant: Peter Vanko

Article(s): 66(66-9) 66(66-42) 32(32-4)

Purpose: Within existing volume, create garden level unit to change the occupancy from a 9 unit building to a 10 unit building.

Case: BOA-845481 Address: 64-66 Salem Street Ward 3  Applicant: Frank Scire

Article(s): 54(54-12)

Purpose: Change of occupancy from Retail #36A to Retail #36A with Liquor Store.

Case: BOA-883295 Address: 2 Ludlow Street  Ward 2  Applicant: Timothy Sheehan

Article(s):  62(62-25) 62(62-8: Insufficient side yard & excessive F.A.R.)

Purpose: This is a new third floor addition on an existing two story single family residence. The new third floor will be 514 s.f. There will be a master bedroom and master bath along with a walk in closet. The new third floor will be accessed by a new stairway from the second floor. There will be limited plan changes on the second floor for the new stairway. We expect to go through the ZBA before we receive a building permit. We are abandoning our earlier application for a rear two-story addition (ALT668053).

Case: BOA-810158  Address: 25 Everett Street  , Ward 1 Applicant: William Moriarty

Article(s): 10(10-1) 53(53-8) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9) 53(53-9)

53(53-57.2) 53(53-56.5(a)) 53(53-56) 53(53-54)

Purpose: Demolish existing single family home at 25 Everett St and garage in rear at 3 Emmet Pl - Combine front lot with rear lot to create one lot and build a 4 story 8 residential unit building with 6 two bedroom units and 2 one bedroom units. *Single family to be razed on a separate permit.

Case: BOA-889514 Address: 343-345 Chelsea Street Ward  1  Applicant: 343-345 Chelsea Street, Realty Trust 

Article(s): 53(53-12) 53(53-12) 53(53-12) 53(53-12) 53(53-56) 53(53-54)

Purpose: Raze existing building and erect a four (4) story building with retail at grade and nine (9) residential units on floors 2-4.

Case: BOA-889104 Address: 306 K Street Ward 6  Applicant: Marc LaCasse

Article(s): 27S(27S-5) 

Purpose: Confirm occupancy of a three family dwelling and change to 5 Family Dwelling. Full interior renovation of building. Reconfigure interior layout. New finishes throughout. Install new hard-piped sprinkler system with monitored alarm. New windows. Update plumbing and electrical. Install new Hydro Air heat and air conditioning systems.

Case: BOA-823636 Address: 141-145 Norfolk Street  , Ward  17 Applicant: Vargas Dasilveira

Case: BOA-931274   Address: 220 Chelsea Street Ward:   1 Applicant: Jordan Lofaro

Article(s): 53(53-9)

 Purpose: 2 Story 2 unit stand-alone house. Extending first floor living space into basement as per plans.

Case: BOA-945581 Address: 14 Allston Street   Ward: 2  Applicant: Thomas Rand

Article(s): 62(62-25) 

Purpose: Reframe roof, add two dormers, Add new full 3rd floor bath and two bedrooms. Remodel 2nd floor bath. Ref to plans. Confirm occupancy as single family dwelling.

Case: BOA-926131 Address: 118 Elm Street   Ward: 2  Applicant: Timothy Sheehan

Article(s): 62(62-25) 62(62-8: Insufficient rear yard setback, Excessive F.A.R. & Insufficient open space)

Purpose: This application is for a third floor addition along with second floor layout changes and a new kitchen on the first floor. The existing third floor attic with a sloped roof will be removed. A flat roof with a roof deck accessed via stairs and a hatch. ZBA relief will be required.

Case: BOA-942137 Address: 3 Lawnwood Place   Ward: 2  Applicant: Stephen Um

Article(s): 62(62-8)

Purpose: Renovate existing basement to be a new kitchen and sitting area.

Case: BOA-931512 Address: 22 Oak Street   Ward: 2   Applicant: John Moriarty

Article(s): 62(62-25) 62(62-8: Side yard insufficient& Rear yard insufficient)

Purpose: Normal fee paid, building addition and renovation to owner occupied single family row house as per plans.

Case: BOA-937722 Address: 49 Ward Street   Ward:  7 Applicant: Patrick Mahoney

Article(s): 13(13-1) 

Purpose: Construct new side deck addition to existing single-family dwelling.

Case: BOA-919099 Address: 145 Theodore Park Road   Ward: 17  Applicant: April Greene

Article(s): 56(56-40)

Purpose: Construct second floor addition above existing first floor footprint for new bathroom to existing single-family dwelling.

Case: BOA-942597   Address: 10 Mariposa Street Ward: 18 Applicant: Audrey Miller

Article(s): 69(69-29) 69(69-8) 69(69-9: Usable open space insufficient, Side yard insufficient & Rear yard insufficient)  Purpose: Change occupancy from single family to two family residential.

Case: BOA-939818 Address: 49 Metropolitan Avenue  Ward: 18  Applicant: Oleh Kotsyuba

Article(s): 67(67-9: Floor area ratio excessive & Side yard setback requirement is insufficient)

Purpose: Rear and front additions, new dormers, interior renovations, new garage, new rear and front decks, new siding.

Case: BOA-922327 Address: 79-81 Spring Park Avenue  Ward: 19  Applicant: Kingsley Weihe

Article(s): 55(55-9)

Purpose: Install skylights and finish attic space for home occupation art studio space (404 sf ft).

Case: BOA-922327  Address: 305 Corey Street Ward:  20 Applicant: James Murphy

Article(s): 56(56-8)

Purpose: Interior renovations to existing two family dwelling at #305 Corey Rd by reconfiguring existing stairway and create exterior stairway in rear of existing two family.

Case: BOA-932813   Address: 7 Maple Lane Ward:  20 Applicant: Daniel Murray

Article(s): 56(56-8)

Purpose: Raise roof of house and add extra living space.

Case: BOA-941665 Address: 31 Maxfield Street   Ward: 20  Applicant: Micah Chapman

Article(s): 56(56-8)

 Purpose: Mudroom and Rear Deck.

Case: BOA-932424 Address:  160 Russett Road  Ward: 20  Applicant: Tomasz Adach

Article(s): 9(9-1)

Purpose: Remove existing deck and replace with a new deck same size first floor and extend second floor by 2ft (16x10 upper part) and 16x8 on the lower part) on the rear of the house.

Case: BOA-947918 Address: 56 Presentation Road   Ward: 22  Applicant: William Higgins

Article(s): 10(10-1) 51(51-9)

Purpose: Curb cut for 2 parking spaces.

Case: BOA-892543, Address: 616-618 East Eighth Street  Ward: 7 Applicant: Shayne Ferrara

Article(s): 68(68-29)

Purpose: Remove existing roof hatch, and install new head house.