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Zoning Advisory Board Of Appeal Hearing

The subcommittee meeting is holding a virtual hearing on Thursday, June 13, 2024, at 5 p.m.

Please be advised of the following appeals to be heard on June 13, 2024, beginning at 5 p.m. and related announcements. All matters listed on this June 13, 2024, hearing agenda have been noticed in accordance with the enabling act.

Please be advised of the following participation instructions: The June 13, 2024, hearing will be held virtually via video teleconference and telephone via the zoom webinar event platform.

Interested persons can participate in the hearing REMOTELY by going to our online meeting. You may also participate by phone by calling into the Zoom Webinar at 305-224-1968 and entering the Webinar ID: 876 4095 8567 followed by # when prompted.

If you wish to offer testimony on an appeal, please sign up online. Please provide your name, address, the address and/or BOA number of the appeal on which you wish to speak, and if you wish to speak in support of or opposition to the project.

For individuals who need translation assistance, please notify the Board at least 48 HOURS in advance either by signing up online, calling 617-635-4775, or emailing zba.ambassador@boston.gov.

The ZBA Ambassador will be available within the Zoom Webinar Event from 4 - 5 p.m. to answer questions about ZBA procedures and offer instructions on how to participate in the hearing via Zoom. Questions and/or concerns can also be emailed to the ZBA Ambassador at zba.ambassador@boston.gov.

If you wish to offer comment within the meeting platform, please use the “Raise Hand” function that should appear on the bottom of your screen, if connected by computer or device, or dial *9, if connected by phone. On a computer or device, you will receive a request to unmute yourself from the event host. You must select yes before you can speak. On a phone, you will hear a prompt that the event host is asking you to unmute yourself. You must press *6 to unmute yourself before you can speak. Commenters will be asked to state their name, address and comment. Comments will be limited as time requires.

If you wish to offer testimony on an appeal, please log in to the hearing no later than p.m. to ensure your connection is properly functioning.

Interested persons who are unable to participate in the hearing remotely may make an appointment to offer testimony. Please notify the Board at least 48 HOURS in advance either by calling 617-635-4775 or emailing isdboardofappeal@boston.gov for accommodations to be made.

Members of the community are strongly encouraged to help facilitate the virtual hearing process by emailing letters in support of or opposition to an appeal to zbapublicinput@boston.gov in lieu of offering testimony online. It is strongly encouraged that written comments be submitted to the board at least 48 hours prior to the hearing. When doing so, please include in the subject line the BOA number, the address of the proposed project and the date of the hearing.

The public can offer testimony.

Discussion Topics

  1. HEARINGS: 5:00 P.M

    Case: BOA-1592730 Address: 135 Chelsea Street Ward: 1 Applicant: May Perez

    Article(s): Art. 53 Sec. 08 Forbidden - To change the use from Retail with four Residential Units

    above to a Beauty & Nail Salon with four residential Units above.

    Purpose: Change occupancy from Retail and 4 Residential Units to Beauty Shop and 4 Residential Units Floor Plans submitted for change of use. (Architectural plans of building are for Reference only. Plans used for ALT853287 issued 11/13/19 & COO1263163 issued 1/25/22).



    Case: BOA-1569956 Address: 867-871 Boylston Street Ward: 5 Applicant: Chi Bang

    Article(s): Art. 08 Sec. 03 Conditional Uses - Gym/Fitness- Conditional use in a B-8-120a Sub district

    Purpose: Change of occupancy to include fitness center (No work on this application) ALL Work performed on ALT1492495 *Existing restaurant with outside seating.



    Case: BOA-1584046 Address: 314-330 West Second Street Ward: 6 Applicant: Mariia Berkut

    Article(s): Article 68, Section 7 Use Regulations - Body art establishment use is Forbidden.

    Purpose: Change of occupancy from 51 apts, garage & 4 offices/ retail to 51 apts, garage, 3 offices & body art.

    Installation of furniture and equipment.



    Case: BOA-1576558 Address: 118 F Street Ward: 6 Applicant: David Winick

    Article(s): Article 68, Section 8 Floor Area Ratio Excessive

    Purpose: Proponent requests to add additional living space in basement as per attached plans.



    Case: BOA-1548719 Address: 293 Northampton Street Ward: 9 Applicant: Christopher Kennedy

    Article(s): Art. 06 Sec. 04 Other Protectional Conditions - Change in Previous Decision of the the Zoning Board of appeal.

    Purpose: Extend the current use under Boston Transportation Department License # OPAIR 78839 until November 30, 2026. The current use expires November 30, 2023



    Case: BOA-1548439 Address: 111-113 H Street Ward: 7 Applicant: Michael Barone, Jr

    Article(s): Art. 06 Sec. 04 Other Protectional Conditions - Proposed removal of previous BOA proviso orders of record

    Purpose: Remove Proviso granted that petitioner only under BOA966578. Application to modify Boston Board of Appeals Decision No. BOA966578 to remove the proviso that “[beer and wine limited to one (1) cooler with two doors” so as to permit the retail sale of all alcoholic products at 111 113 H Street, Ward 7, Boston, MA 02127. No construction to be required. *Legal use of structure: Five Family & Store with Liquor Alt923519/2019



    Case: BOA- 1262365 Address: 18 Coleus Park Ward: 14 Applicant: Neal Kennedy

    Article(s): Article 50, Section 29 Front Yard Insufficient Article 50, Section 29 Side Yard Insufficient

    Purpose: Construct third story addition on existing two-family dwelling. Proposed renovation as per plans.



    Case: BOA-1542663 Address: 11 Adams Street Ward: 15 Applicant: James Guerrier

    Article(s): Art. 65 Sec. 9 Residential Dimensional Reg.s - Excessive f.a.r. Art. 65 Sec. 9 Residential Dimensional Reg.s - Number of allowed occupied stories exceeded Article 65, Section 9 Insufficient rear yard setback

    Article 65, Section 9 Insufficient side yard setback

    Purpose: Additional changes to the Roof.



    Case: BOA-1578198 Address: 8 Dacy Street Ward: 18 Applicant: David Higgins

    Article(s): Article 69, Section 9 Front Yard Insufficient Article 69, Section 9 Bldg Height Excessive (Stories)

    Article 69, Section 9 Usable Open Space Insufficient Article 69, Section 9 Floor Area Ratio Excessive

    Article 69, Section 9 Lot Area Insufficient Article 69, Section 9 Add'l Lot Area Insufficient Article 69, Section 8 Use: Forbidden Article 69 Section 29 Off Street Parking & Loading Req

    Purpose: Renovate Existing 2 Family, Change Roof style from A frame roof to square rubber roof & add living space on 3rd Floor.



    Case: BOA-1589504 Address: 130 Central Avenue Ward: 18 Applicant: Derric Small

    Article(s): Article 69, Section 9 Side Yard Insufficient

    Purpose: Create off street parking for two vehicles.



    Case: BOA-1567349 Address: 30-32 Eatonia Street Ward: 22 Applicant: Edward Lee

    Article(s): Article 51, Section 9 Side Yard Insufficient Article 51, Section 9 Floor Area Ratio Excessive

    Purpose: Extending living space from unit 1 into the basement. Replace existing floor tile with new. Replace exist in old dry wall. Build new 3 bedrooms in basement.



    Case: BOA-1597342 Address: 21 Holton Street Ward: 22 Applicant: Peninsula Capital Group

    Article(s): Art. 51 Sec. 08 Use Regulations - MFR use forbidden in a three-family subdistrict Art. 51 Sec. 09 Insufficient additional lot area per unit Art. 51 Sec. 23 Off street parking requirement - Insufficient parking

    Purpose: Change of occupancy from 3 to 5 units. Renovate the existing dwelling and erect two three story additions for a total of five units and 5 parking spaces.

  2. RE-DISCUSSION: 5:00 P.M

    Case: BOA-1552488 Address: 340 Baker Street Ward: 20 Applicant: Shadeed Anwar

    Article(s): Art. 09 Sec. 02 Nonconforming Use Change -Extension of a non conforming use structure < 25% Conditional Art. 56, Section 16 Insufficient rear yard setback

    Purpose: Full gut renovation, new kitchens, new bathrooms, install new sonotubes for second floor deck on rear, second egress exit will be through rear deck stairs, lower basement floor, reframe/reinforce structural member up to code, add dormers on both side of roof, raise first floor kitchen ceiling height.*2 Family #3502/1940

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