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Zoning Board of Appeal hearing

On Tuesday, December 6, 2016, the board will hold a public hearing on the appeals listed below.

The public can offer testimony.

Discussion Topics

  1. Approval of Hearing Minutes

    November 22, 2016

  2. 9:30 a.m.: Extension

    BZC 33606

    Address: 70 Green Street, Ward: 2, Applicant: Timothy Sheehan

  3. 9:30 a.m.: Board Final Arbiter

    BOA 615278

    Address, 10 Moon Street, Ward: 3, Applicants: Frank and Gloria Giammanco

  4. 9:30 a.m.: Hearings

    BOA 642862

    Address: 301-303 Border Street, Ward: 1, Applicant: Jeffrey Drago

    Variance Article(s): 53(53-9) 53(53-56)

    Purpose: To demolish existing buildings; one at 301 Border Street and one at 315-317 Border St. Combine the existing 5 lots into one lot. Erect a new 6 story, mixed-use building. On the ground floor will be a 42 space parking garage and a commercial space. On floors 2 thru 6 will be 64 residential units. There will be a common roof deck.

    BOA 587183

    Address: 194 Havre Street, Ward: 1, Applicant: Joseph Fareta (by Niles Sutphin)

    Variance Article(s): 25(25-5) 53(53-8) 53(53-9) 53(53-56)

    Purpose: New construction for Nine unit 4-Tory residential condominium including on-grade parking garage for 8 cars. Building construction to be concrete foundations and wood frame walls and floors. Building to be fully sprinklered. All new systems. Per plans.

    BOA 624314

    Address: 33 Leyden Street, Ward: 1, Applicant: MBC Ventures, LLC

    Variance Article(s): 53(53-8) 53(53-9) 53(53-56)

    Purpose: Erect six (6) unit residential dwelling with roof deck and six (6) off-street parking.

    BOA 578669

    Address: 34-42 Warren Street, Ward: 2, Applicant: Nova Partners LLC

    Variance Article(s): 62(62-14) 62(62-25) 62(62-29)

    Purpose: Change occupancy from a garage, storage of construction equipment, and indoor sale and display of used motor vehicles to a garage, retail store and offices. Construct a new 1-story addition onto the roof of the existing building. Convert part of the first floor garage space into retail space. Upgrade life safety systems throughout existing garage and new offices. Renovations to the building include: installation of new wheelchair accessible entrance, new elevator, structural work to add a new floor system, upgrades to existing MEPs, fire alarm & sprinkler systems.

    BOA 630299

    Address: 137-139 Pearl Street, Ward: 3, Applicant: One-37-139 Pearl Street Condo, M. Megelly

    Variance Article(s): 8(8-7)

    Purpose: Change occupancy from 4 family and retail to 4 family and retail with accessory take-out. No work done.

    BOA 620804

    Address: 65 Atlantic Avenue, Ward: 3, Applicant: Wharf Realty Trust

    Variance Article(s): 54(54-9)

    Purpose: Change occupancy of Unit 1 – Real Estate Office/Bank to Real Estate Office and Restaurant with take out. Build out restaurant to code and plans.

    BOA 646769

    Address: 1100-1102 Boylston Street, Ward: 4, Applicant: Alicia Lafuente

    Variance Article(s): 66(66-15)

    Purpose: Awning to cover outdoor seating area (private property, does not go over a public way.)

    BOA 629088

    Address: 196-210 Stuart Street, Ward: 5, Applicant: Jack Moriarty

    Extension of Non- Conforming Use & Variance & GCOD Article(s): 9(9-1) 63(63-12) 32(32-4)

    Purpose: Addition to extend building for access improvements to existing pool area and deck with accessible route through new vertical wheelchair lift and corridors with new handicap toilet facilities. All work will be in full compliance with 780 CMR, 527 CMR, 521 CMR as per plan.

    BOA 629093

    Address: 196-210 Stuart Street, Ward: 5, Applicant: Jack Moriarty

    Addition to extend building for access improvements to existing pool area and deck with accessible route through new vertical wheelchair lift and corridors with new handicap toilet facilities. All work will be in full compliance with 780 CMR, 527 CMR, 521 CMR as per plan. 521 CMR 28.12 wheelchair lifts/limited use elevator vertical wheelchair lift devices and limited use elevators may be used as part of an accessible route of travel in lieu of an elevator under certain circumstances. (Applicant did not comply with the circumstances) 8 th 780CMR101.4 Referenced Codes. Referenced Codes include the specialized codes of M.G.L c. 143, § 96 and other codes and regulations listed in 101.4.1 through 101.4.12 and shall be considered part of this code to the prescribed extent of each such reference. 8 th 780CMR101.4.7 MAAB 521 CMR see the architectural Access Board regulations at 521 CMR.

    BOA 644283

    Address: 13 Isabella Street, Ward 5, Applicant: Monte French

    GCOD & Variance Article(s): 32(32-4) 63(63-8) 63(63-20)

    Purpose: Interior renovation of building to five living quarters, community room and oratory room to existing building for Convent. Extend living space to basement for community room. Construct new elevator shaft, new exterior stairs and ramp, and new 8’-0” fence.

    BOA 621432

    Address: 658 East Sixth Street, Ward: 6, Applicant: Marc LaCasse

    Variance Article(s): 17(17-1)

    Purpose: Create two off street parking spaces at rear of building to be accessed by existing curb cut and existing paved driveway as shown on the plans.

    BOA 629564

    Address: 105 West Third Street, Ward: 6, Applicant: George Morancy

    Variance Article(s): 57(57-8) 57(57-9)

    Purpose: Combining parcels 0601362000, 0601363000, 0601364000, to make new parcel 5,073 SF in total area. Erect a new 4 story residential building with 9 units and parking in garage for 9.

    BOA 631546

    Address: 376-384 Dorchester Avenue, Ward: 7, Applicant: Luke McKinnon

    Conditional Use Article(s): 8(8-3)

    Purpose: Change occupancy to include body art establishment. Cosmetic changes to space as well as some additional plumbing. Require ZBA.

    BOA 630333

    Address: 192 I Street, Ward: 7, Applicant: Timothy Burke

    Variance Article(s): 17(17-1) 20(20-1) 19(19-1)

    Purpose: Construct three decks on rear of building as shown on the drawings.

    BOA 649308

    Variance Article(s): 65(65-15) 65(65-16) 65(65-41)

    Purpose: Erect two new attached 6 story Mixed-Use buildings, each to contain 20 residential units and ground floor commercial space, with 37 accessory parking spaces located on same lot. Building 1 will be completed for occupancy first. Construction on building 2 will commence after Building 1 is occupied.

    BOA 649316

    Address: 1268-1272 Massachusetts Ave, Ward: 7, Applicant: Patrick Mahoney

    Conditional Use & Variance Article(s): 65(65-15) 65(65-16) 65(65-41)

    Purpose: Erect two new attached 6 story Mixed-Use buildings, each to contain 20 residential units and ground floor commercial space, with 37 accessory parking spaces located on same lot. Building 1 will be completed for occupancy first. Construction on building 2 will commence after Building 1 is occupied.

    BOA 577806

    Address: 87-89 Sunnyside Street, Ward: 18, Applicant: Terence O'Reilly

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

    Purpose: Construction of 2-unit property double stack.

    BOA 633496

    Address: 8 Charles Street, Ward: 18, Applicant: Hussein Musa

    Variance Article(s): 69(69- 8) 69(69-9)

    Purpose: Change occupancy from a Two Family to a Three Family. New addition in basement. Electric work and sheet rocking Basement apartment.

  5. 10:30 a.m.: Hearings

    BOA 640141

    Address: 21-27 Batchelder Street, Ward: 8, Applicant: Kelly Robbins

    Extension of Non- Conforming Use & Variance Article(s): 9(9-1) 50(50-28)

    Purpose: Renovate interior and exterior of building to Office use. Construct new internal mezzanine. Construct new exterior employee decks. Parcel number 0800365000 will be used for parking for employees, clients and tenants operating out of our business on parcel number 0800366000. Parcel number 0800367000/0800367001 will be used for storage of trucks & construction equipment for our business operating out of parcel 0800366000.

    BOA 640152

    Address: 29 Batchelder Street, Ward: 8, Applicant: Kelly Robbins

    Variance Article(s): 50(50-28)

    Purpose: Use of premises for outdoor parking/storage of Construction Vehicles and equipment. This application corresponds to ALT621250 – 21-27 Batchelder Street.

    BOA 640157

    Address: 35 Batchelder Street, Ward: 8, Applicant: Kelly Robbins

    Variance Article(s): 50(50-28)

    Purpose: Use of premises for outdoor parking/storage of construction vehicles and equipment. This application corresponds to ALT621250 – 21-27 Batchelder Street.

    BOA 640146

    Address: 42 East Cottage Street, Ward: 8, Applicant: Kelly Robbins

    Variance Article(s): 50(50-28)

    Purpose: Use of premises for employee parking. This application corresponds to ALT621250 – 21-27 Batchelder Street.

    BOA 642727

    Address: 28-34 Langdon Street, Ward: 8, Applicant: Eric Rainey

    Variance & Conditional Use Article(s): 50(50-28) 50(50-41)

    Purpose: Combine 5 parcels 0800611000, 0800610000, 0800609000, 0800608000, 0800607000 with a total of 9632 for a four unit building designated as four attached townhouses, each with one parking space, situated on one newly combined lot. All as per plans.

    BOA 625360

    Address: 44 Evergreen Street, Ward: 10, Applicant: John Pulgini

    Variance Article(s): 55(55-8) 55(55-9) 55(55-40)

    Purpose: Combine parcels 1002065002 with 100266000 to make new parcel 7892 SF change occupancy from a 2 family to a 4 family. Addition per attached plans. Requires zoning relief.

    BOA 611376

    Address: 89-89A Jamaica Street, Ward: 11, Applicant: Timothy Burke

    Variance Article(s): 55(55-9) 56(56-40)

    Purpose: Construct a new 2 ½ story two (2) family dwelling on existing 6,662 sq ft lot. Work includes site work, utilities, foundation, framing and finishes as shown on the drawings. Installation of all new mechanical, electrical and plumbing work.

    BOA 644348

    Address: 7 Wales Street, Ward: 14, Applicant: Sean Smith

    Variance Article(s): 60(60- 9) 60(60-40)

    Purpose: Construct new 3 family dwelling per attached drawings.

    BOA 630177

    Address: 1089 Blue Hill Avenue, Ward: 14, Applicant: Lester Thorne

    Variance Article(s): 60(60-9)

    Purpose: On second and third sloors; enclosed the partially enclosed porches to form fully enclosed pantry area for both porches on both floors. Plans filed.

    BOA 649948

    Address: 16 Ronald Street, Ward: 14, Applicant: Hearth Inc.

    Conditional Use & Variance Article(s):) 50(50-28) 50(50-29) 50(50-43)

    Purpose: Hearth at Four Corners- Construct a new 4 story, 54 unit Senior housing facility. There will be both affordable and market-rate units distributed throughout the building. There will be a community room and a leasing office located on the ground floor. Amenity spaces (laundry room/fitness room etc.) will be located throughout the building. There will be 14 at-grade parking spaces.

    BOA 647442

    Address: 198-210 Bowdoin Street, Ward: 15, Applicant: Family Nurturing Center of Massachusetts Inc.

    Conditional Use & Variance Article(s): 65(65-15) 65(65-16)

    Purpose: Build two story addition to existing health center (Family Nurturing Center).

    BOA 643434

    Address: 61 Dracut Street, Ward: 16, Applicant: Devin Bean

    Variance Article(s): 10(10-1) 65(65-41.5)

    Purpose: Add driveway with parking for two cars.

    BOA 640296

    Address: 1419-1435 Blue Hill Avenue, Ward: 18, Applicant: Chris Stamatos

    Conditional Use Article(s): 60(60-8)

    Purpose: “Change occupancy to grocery store, retail store, adult daycare (10 persons), infant/toddler daycare and beauty parlor, to include basement areas for offices storage and tenants’ use.” *Owner has deferred building code review at this time, pending ZBA decision

    BOA 639330

    Address: 500-510H River Street, Ward: 18, Applicant: Sean Lee

    Conditional Use Article(s): 60(60-16)

    Purpose: Change occupancy from stores, offices, beauty salon to stores, offices, beauty salon and nail salon, repair bathroom frame and finish 2 rooms, tile floor, paint install pedicure chairs and tables.

    BOA 623701

    Address: 56 Westminster Street, Ward: 18, Applicant: Catherine A Martin

    Variance Article(s): 9(9-2)

    Purpose: Requesting the Occupancy Committee review this to change the occupancy from a 2 family to a 3 family residence. *Occupancy committee approved two family only.

    BOA 637885

    Address: 405 South Huntington Ave, Ward: 19, Applicant: 405 South Hunting Ave LLC

    Extension of Non-Conforming Use & Variance Article(s): 9(9-1) 55(55-9)

    Purpose: Complete interior and exterior renovation of existing six family.

    BOA 649454

    Address: 400 Belgrade Avenue, Ward: 20, Applicant: John Pulgini

    GPOD & Conditional Use & Variance Article(s): 29(29-8) 56(56-15) 56(56-16) 56(56- 39)

    Purpose: Demolition of an existing 1 story structure (formerly a gas station). Erect a new 4 story, 20 unit residential structure with an underground parking garage.

    BOA 644100

    Address: 191-193 Parsons Street, Ward: 22, Applicant: Owen Kelly

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

    Purpose: Erect one full shed dormer and one shed dormer on each side of house. Remove the rear porches and replace with open decks as per plans.

    BOA 621947

    Address: 18-32 Penniman Road, Ward: 22, Applicant: Thirty Penniman Realty Trust

    Variance Article(s): 51(51-56) 51(51-19)

    Purpose: Change occupancy from 8 artist live/work spaces, 5 artist spaces and 7 commercial units to 8 Artist live/work spaces 9 residential units and 3 commercial spaces (health club, restaurant and sound studio). Renovate building.

    BOA 622903

    Address: 1234 Soldiers Field Road, Ward: 22, Applicant: The Skating Club of Boston

    Variance & Conditional Use Article(s): 51(51-17) 51(51-56) 51(51- 16)

    Purpose: Clarify address for 1234-1240 Soldiers Field Road to be two separate parcels 1234 Soldiers Field Road, with 51,267 SF and 1240 Soldiers Field Road with 85,650 SF.

    BOA 622899

    Address: 1240 Soldiers Field Road, Ward: 22, Applicant: The Skating Club of Boston

    Conditional Use Article(s): 51(51-16)

    Purpose: Clarify address for 1234-1240 Soldiers Filed Road to be two separate parcels 1234 Soldiers Field Road with 51,267 SF and 1240 Soldiers Filed Road with 85,650 SF.

  6. 11:30 a.m.: Re-discussions

    BOA 618075

    Address: 161 Cottage Street, Ward: 1, Applicant: Nicholas Dilibero

    BOA 557905

    Address: 30 Pearl Street, Ward: 2, Applicant: Patricia Dewey

    BOA 526603

    Address: 33-39 Ward Street, Ward: 7, Applicant: Niles Sutphin

    BOA 586549

    Address: 16 Gene Street, Ward: 7, Applicant: James Chtistopher

    BOA 617598

    Address: 139 Stoughton Street, Ward: 13, Applicant: Mya Lam

    BOA 586332

    Address: 101 Parsons Street, Ward: 22, Applicant: Michael Flaherty

    BOA 566677

    Address: 296 North Beacon Street, Ward: 22, Applicant: Samuels Jaguar Motors LTD

    BOA 539624

    Address: 61 Braintree Street, Ward: 22, Applicant: Sixty-One-83 Braintree Street

  7. 11:30 a.m.: Hearing/Recommendations

    BOA 647805

    Address: 164 Bigelow Street, Ward: 22, Applicant: Mai Phung

    BOA 640208

    Address: 117 Beech Street, Ward: 20, Applicant: Rachel Brooks

    BOA 640477

    Address: 51 Vogel Street 20, Applicant: Thomas Dever

    BOA 633714

    Address: 94 LaGrange Street, Ward: 20, Applicant: Jason Kurtz

    BOA 638714

    Address: 85 Greenwood Avenue, Ward: 18, Applicant: Richard Floyd

    BOA 638793

    Address: 109 Greenwood Avenue, Ward: 18, Applicant: William Rios

    BOA 621968

    Address: 635 Hyde Park Avenue, Ward: 18, Applicant: Civelis Marte

    BOA 606743

    Address: 721-725 River Street, Ward: 18, Applicant: David Nazaire

    BOA 643073

    Address: 266 Quincy Street, Ward: 15, Applicant: Willie Wilkerson

    BOA 637956

    Address: 6 Marlin Way, Ward: 15, Applicant: Hoang Huynh

    BOA 622726

    Address: 1052-1054 Blue Hill Avenue, Ward: 14, Applicant: Joseph Lutz

    BOA 643350

    Address: 78-80 Jamaica Street, Ward: 11, Applicant: Sha Li

    BOA 617475

    Address: 167 Dorchester Street, Ward: 7, Applicant: Shannon Baillie

    BOA 639307

    Address: 12 Ward Street, Ward: 7, Applicant: Kenneth Morin

    BOA 639307

    Address: 225 Newbury Street, Ward: 5, Applicant: Anthony Virgilio

    BOA 620656

    Address: 9 Arborway TE, Ward: 19, Applicant: Robert Davol

  8. 12:00 p.m.: Discussion On Open Meeting Law Compliant: OML 2016- 156
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