Zoning Board Of Appeal Hearing

Case: BOA- 1019011 Address: 22-24 Woodbine Street Ward 12 Applicant: Derric Small, ESQ

Case: BOA- 982435 Address: 198 Woodrow Avenue Ward 14 Applicant: Derric Small, ESQ

Case: BOA- 1183158 Address: 99 Maverick Street Ward 1 Applicant: Richard Lynds, ESQ

Case: BOA- 1253232 Address: 57 Delle Avenue Ward 10 Applicant: Anthony W. Macchi

Case: BOA-1446970 Address: 207-209 E Street Ward 6 Applicant: David Foss

Case: BOA-932844 Address: 192 Gladstone Street Ward 1 Applicant: Catherine Clifford

Case: BOA- 1163709 Address: 60-64 Saint Botolph Street Ward 4 Applicant: Joe Bamberg

Case: BOA- 773858 Address: 6 Evelyn Street Ward 14 Applicant: My Lam

Case: BOA- 1291093 Address: 41 Williams Avenue Ward 18 Applicant: Miguel Corporan

Case: BOA-1068596 Address: 1088 Saratoga Street Ward 1 Applicant: Richard Lynds, ESQ

Case: BOA- 1482725 Address: 247-251 Hancock Street Ward 15 Applicant: AU Manager LLC (by Daniel Moll)

Case: BOA-1270458 Address: 525 East Broadway Ward 6 Applicant: Marc LaCasse, ESQ

Case: BOA-1255410 Address: 19 Bennington Street Ward 1 Applicant: Ryan Gazda, ESQ

Case: BOA-1540489 Address: 26 Newburg Street Ward 20 Applicant: Darguin Fortuna, AIA, NCARB

Case: BOA-1686131 Address: 286 Perham Street Ward: 20 Applicant: Catriona Kinane

Article(s): Article 56, Section 8 - Consider relief for an excessive floor area ratio, the proposed basement living space addition exceeds the ratio limit for this district. West Roxbury floor area ratio limit: 0.40 Existing floor area ratio: 0.43 Proposed floor area ratio: 0.61

Purpose: Finishing unfinished basement

Case: BOA- 1682233 Address: 114 Eastwood Circut Ward: 20 Applicant: Jason Stelmack

Article(s): Article 56, Section 8 Rear Yard Insufficient

Purpose: Renovation and Addition



Case: BOA- 1686002 Address: 28 Shaw Street Ward: 20 Applicant: Chloe Manning

Article(s): Art. 56 Sec. 01 Extension of Non Conforming Use Article 56, Section 8 Floor Area Ratio Excessive

Purpose: Proposed rear addition to existing two family as per plans

Case: BOA-1686290 Address: 28 Chesbrough Road Ward: 20 Applicant: Matthew Butler

Article(s): Article 56. Section 8 Side Yard Insufficient

Purpose: Addition of family room, master bedroom, laundry room and full bathroom.

Case: BOA-1662019 Address: 118 Woodrow Avenue Ward: 14 Applicant: Douglas Arevalo

Article(s): Article 60, Section 60 4 Dimensional Regulations Table D - Front Yard Insufficient

Article 60, Section 60 4 Dimensional Regulations Table D - Side Yard Insufficient

Purpose: Expansion of existing dormer with complete first- and second-unit renovation. Update bathroom and kitchen, now including some structural work.

Case: BOA- 1631009 Address: 857-861 Dorchester Avenue Ward: 7 Applicant: Gavin Driscoll

Article(s): Art. 65 Sec. 41 Off street parking requirements - Insufficient parking Art.65 Sec.08 Conditional - Increase of non conforming uses occupant load for a restaurant with take out conditional

Purpose: increase of occupancy of existing un-used Café space.

Case: BOA- 1682573 Address: 401 West Fourth Street Ward: 6 Applicant: Timothy Johnson

Article(s): Article 68, Section 8 Rear Yard Insufficient Article 68, Section 29 Roof Structure Restrictions

Art. 68 Sec. 35 Nonconformity as to Dim Reqs.

Purpose: Renovation/addition to 3 story, single family dwelling to create new 3 story, two family dwelling as per plans submitted.

Case: BOA-1667594 Address: 68 F Street Ward: 6 Applicant: Timothy Johnson

Article(s): Article 68, Section 7.2 Basement Units Forbidden Article 68, Section 8 Add'l Lot Area Insufficient

Article 68, Section 33 Off Street Parking & Loading Req - Insufficient Off Street Parking

Purpose: Change occupancy from one to two family dwelling. no changes to exterior of building as per plans submitted.

Case: BOA-1687823 Address: 25 Brown Avenue Ward 19 Applicant: Simba Development Group

Article(s): Article 67, Section 9 Floor Area Ratio Excessive Consider relief for the addition of the proposed living

space exceeding the floor area ratio for this district. Floor Area Ratio limit: 0.5 Existing Floor Area Ratio: 0.46

Proposed Floor Area Ratio: 0.61

Purpose: Attic converted to living area with bathroom and bedroom

Case: BOA- 1690262 Address: 551-555 Beech Street Ward 18 Applicant: Matthew Arnold

Article(s): Art. 67 Sec. 08 Three family dwelling unit use is a forbidden use. The applicant will need to seek relief for the proposed used of three dwelling units (townhouses) in a single family zone. The use is forbidden.

Article 67, Section 9 Floor Area Ratio Excessive The applicant will need to seek relief for the excessive floor area ratio.

Article 67 Section 33 Application of Dimensional Req The applicant will need to seek relief for Two or More

Dwellings on the same lot. Article 67 33 (13).

Purpose: Construct a new 3 family building (3 Townhouses) Eplans filed.



Case: BOA-1679123 Address: 4280R Washington Street Ward 18 Applicant: Robert Trethewey

Article(s):Article 67, Section 33.7 Accessory Bldgs in Side or Rear Yd65' required front lot line setback not met.

Article 67, Section 9 Rear Yard Insufficient

Purpose: Rebuild garage in new location

Case: BOA-1685652 Address: 43 Algonquin Street Ward 17 Applicant: Michael Grannum

Article(s): Art. 65 Sec. 42 Off Street Parking Insufficient Article 65, Section 9 Side Yard Insufficient Article 65, Section 9 Front Yard Insufficient Article 65, Section 9 Floor Area Ratio Excessive Article 65, Section 9 Bldg Height Excessive (Stories)

Purpose: Converting single family to a 2-family home. Owner Occupy

Case: BOA- 1683263 Address: 64 Nelson Street Ward 17 Applicant: JCBT

Article(s): Art. 65 Sec. 42 Off Street Parking Insufficient Art. 65 Sec. 08 Forbidden MFR Use forbidden

Art. 65 Sec. 08 Forbidden Basement units forbidden Art. 65 Sec. 9 Insufficient lot size Art. 65 Sec. 9 Excessive f.a.r.

Art. 65 Sec. 9 Number of allowed stories exceeded Art. 65 Sec. 9 Height exceeded Art. 65 Sec. 9 Insufficient front yard setback Art. 65 Sec. 9 Insufficient rear yard setback

Purpose: Erect a 4 story 4-unit multifamily residential building with handicap unit on the first floor and a private roof deck. New utilities, sprinkler, and fire alarm system. Application assigned to FD by dept head Paul Williams on 12/27/24

Case: BOA- 1688468 Address: 1526-1530 Dorchester Avenue Ward 16 Applicant: Zeb Boutique LLC-CANNABIS

Article(s): Art.65 Sec.08 ConditionalYou need relief from the BOA for the said violation Cannabis establishment provided that any cannabis establishment shall be sited @ least one half mile or 2,640 feet from another existing cannabis establishment and @ least 500 feet from a pre existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be determined from the nearest lot line of the proposed establishment to the nearest lot line of an existing establishment or school. Use approval shall be applicable to the applicant only.

Purpose: The existing commercial retail space will undergo minor cosmetic upgrades to become a cannabis retail establishment.

Case: BOA- 1689001 Address: 155 Dudley Street Ward 12 Applicant: William Singleton

Article(s): Article 50 Section 24 Use: Conditional

Purpose: Change of occupancy from beauty salon to a tattoo parlor with piercings and microblading. No work to be done taking over existing space.

Case: BOA- 1690706 Address: 507 Massachusetts Avenue Ward 9 Applicant: Armando Hernandez

Article(s): Article 50, Section 29 Floor Area Ratio ExcessiveMax. allowed: 1 Proposed is extending living space into

the garden level. Art. 50 Sec. 29 Usable open space insufficient600 extra sqft required. (200 per lodging unit) Article 50, Section 29 Add'l Lot Area Insufficient 3,000 sqft extra required. Art. 09 Sec. 01 Extension of Non Conforming Use Lodging house use is conditional.

Purpose :1) Increase existing lodging house occupancy from seven (7) lodging units to ten (10) total lodging units. 2) light demo, fire proof on demising wall between units and build 3 new bathrooms to each new unit. No FP needed. No exterior work 3) Increase total lodgers from 7 to 40. 4 lodgers per unit. eplan BOA



Case: BOA- 1693424 Address:20-24 Malcolm X Boulevard Ward 9 Applicant: 10 MX Owner LLC-ARTICLE 80

Article(s): Art. 50, Section 28 Use: ForbiddenLocal Retail Forbidden Art. 50, Section 28 Use: ForbiddenMulti family Dwelling Forbidden Article 50, Section 29Front Yard Insufficient Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Bldg Height Excessive (Feet) Article 50, Section 29 Bldg Height Excessive (Stories)

Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Add'l Lot Area Insufficient Art. 50, Section 28 Use: Conditional Ancillary Parking for 10 Malcolm X Blvd Conditional

Purpose: Erect a new building on newly created 35,782sqft lot, a 6-story mixed use building consisting of 111 dwelling units, ground floor local retail space and garage parking. building features amenity spaces, bike storage, solar roof, and outdoor landscape spaces. this is a sister application to alt1663270, alt1663264, and ert1663250.

Case: BOA- 1693422 Address: 70 Dudley Street Ward 9 Applicant: 10 Mx Owner LLC

Article(s): Art. 50, Section 28 Use: ForbiddenMulti Family Dwelling Forbidden Article 50, Section 29Rear Yard Insufficient Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Floor Area Ratio Excessive

Article 50, Section 29 Add'l Lot Area Insufficient Article 50, Section 44.2Conformity Ex Bldg Alignment Article 50, Section 29 Bldg Height Excessive (Feet)

Purpose: Erect a new 3 story multi family dwelling on newly created 36,220sqft lot, consisting of 12 condominium units and at grade parking. an existing 3 story commercial building will also remain on site. the proposed structure is 3 stories above grade with solar roof and a common roof deck. use group: residential (r2) construction type: 5a. see ert1663250, alt1663270,&alt1663264.

Case: BOA- 1694946 Address: 49-51 D Street Ward 7 Applicant: Sing Ming Chan-ARTICLE 80

Article(s): Art. 08 Sec. 03 Conditional UsesMulti Family Dwelling Conditional Article 15, Section 1Floor Area Ratio Excessive Art. 19 Section 1 Side Yard Insufficient Art. 21, Section 1 Setback of Parapet Insufficient Art. 23 Sec. 23 1 Off street parking insufficient Article 25A Section4CFROD Applicability

Purpose: Erect a new 9 story mixed use building, with 70 residential units and ground level retail. Building features amenity spaces, bike storage, and balconies for select residential units.

Case: BOA- 1673895 Address: 809 East Fifth Street Ward 6 Applicant: George Morancy, ESQ

Article(s): Art 68 Sec 29 Roof Structure Restrictions Roofline reconfiguration and proposed roof deck on lower roof

Purpose: Change of occupancy from a 2 family to a 1 family. Renovation and addition as per the plans. Zoning review as per ISD

Case: BOA- 1688805 Address: 605 East Second Street Ward 6 Applicant: Sean McNlff

Article(s):Article 68, Section 8 Side Yard Insufficient

Purpose: Interior renovation to second floor; third floor and attic addition; new roof and dormer. no change in occupancy, use or egress.

Case: BOA-1681147 Address: 821 East Third Street Ward 6 Applicant: Doug Keach

Article(s): Art 68 Sec 29 Roof Structure Restrictions Article 68, Section 8 Side Yard Insufficient

Purpose: Extension of living space in basement and attic, mechanical room, half bathroom, Closet, family room, study/Office space. New windows and siding. Repair and replace roof as needed. Remodel all 3 floors per architectural plans[ePlans]

Case: BOA- 1673348 Address: 151-153 Endicott Street Ward 3 Applicant: Vanessa Angelo

Article(s): Art. 54 Section 9 Use: ForbiddenBody art establishment is a forbidden use in this district.

Purpose: No additional work/construction needed for this change of occupancy. one of the stores is becoming a cosmetic tattoo studio.



Case: BOA-1482368 Address: 87 Morris Street Ward 1 Applicant: Carolina Linares

Article(s): 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 Usable Open Space Insufficient

Art. 53 Sec. 09.3 Location of Main Entrance Art. 53, Section 56 Off Street Parking Insufficient

Article 27T 5 East Boston IPOD Applicability Article 32, Section 4.GCOD, Applicability

Purpose: Change of occupancy to a 3 family. Remodeling the basement into a new apartment. Scope also includes upgrades to life safety (FA/FP). [ePlan]

Case: BOA-#1482374 Address: 87 Morris Street Ward 1 Applicant: Carolina Linares

9th 780 CMR 705 Exterior Walls705.8.1 Allowable area of openings. The maximum area of unprotected and protected openings permitted in an exterior wall in any story of a building shall not exceed the percentages specified in Table 705.8. [New/enlarged openings with less than 3ft separation from interior lot lines.] 9th 780 CMR 1030Emergency Escape and Rescue 1030.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R 2 occupancies in accordance with Tables 1006.3.2(1) and 1006.3.2(2) and Group R 3 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. [Only a 2.3ft exterior egress path provided, 36" (3ft) required at emergency egress

openings]

Purpose: Change of occupancy to a 3-family. Remodeling the basement into a new apartment. Scope also includes upgrades to life safety (FA/FP). [ePlan]

Case: BOA- 1688901 Address: 84R-86R Allandale Street Ward 20 Applicant: John Pulgini, ESQ

Article(s): Art. 56, Section 7 Use: Forbidden 2 units Article 56, Section 40.12Two or More Dwelling Same Lot 4 dwelling units in a lot. Article 56, Section 8 Lot Frontage InsufficientLot frontage required: 280’ Proposed: 222'

Purpose: Building B: New construction of 2.5-story townhouse design two units each with basement and garage, on a sloped site. Construction to be wood frame on concrete foundations. All work in conjunction with ERT1490049, ERT1490060 and ERT1490058.eplan – BOA

Case: BOA- 1688899 Address: 94R-96R Allandale Street Ward 20 Applicant: John Pulgini, ESQ

Article(s): Art. 56, Section 7 Use: Forbidden 2 units Article 56, Section 40.12Two or More Dwelling Same Lot 4 dwellings in one lot. Article 56, Section 8Lot Frontage Insufficient Min. required: 280 ft Proposed: 222 ft

Purpose: Building D. New construction of 2.5-story townhouse design two units each with basement and garage, on a sloped site. Construction to be wood frame on concrete foundations. All work in conjunction with ERT1490049, ERT1490053 and ERT1490058.eplan – BOA

Case: BOA- 1688897 Address: 80-82 Allandale Street Ward 20 Applicant: John Pulgini, ESQ

Article(s): Art. 56, Section 7 Use: Forbidden 2 units. Article 56, Section 40.1 Conformity w Ex Bldg Alignment Street modal established at 39.7' The building shall be located at this distance from front lot line. Article 56, Section 40.12 Two or More Dwelling Same Lot Article 56, Section 8 Dimensional Regulations Main access doors not facing front lot line. Article 56, Section 8 Rear Yard Insufficient Min. required: 40' Proposed: 28' Article 56. Section 8 Side Yard Insufficient Min. required: 15' Proposed: distance to imaginary line between buildings C and A is less than 15' and separation distance between buildings is less than 30'

Purpose: Building A: New construction of 2.5-story townhouse design two units each with basement and garage, on a sloped site. Construction to be wood frame on concrete foundations. All work in conjunction with ERT1490060, ERT1490053 and ERT1490058. To raze existing structure under SF:# eplan – BOA



Case: BOA- 1688898 Address: 90-92 Allandale Street Ward 20 Applicant: John Pulgini, ESQ

Article(s): Art. 56 Sec. 40 Conformity with Existing Building Modal calculation established at 39.7' The building shallAlignment be located at this distance from the front lot line. Art. 56, Section 7 Use: Forbidden 2 units Article 56, Section 40.12 Two or More Dwelling Same Lot 56.40.13- Four buildings in one lot. Article 56, Section 8 Dimensional Regulations Main access door not facing the front lot line. Article 56, Section 8 Rear Yard Insufficient Min. required: 40' Proposed: 16.8' Article 56. Section 8 Side Yard Insufficient Min. required: 15' Proposed: distance to imaginary line between building A and C is less than 15' and the separation distance between buildings is less than 30

Purpose: Building C: New construction of 2.5-story townhouse design two units each with basement and garage, on a sloped site. Construction to be wood frame on concrete foundations. All work in conjunction with ERT1490049, ERT1490053 and ERT1490060.eplan – BOA

Case: BOA- 1598189 Address: 1A-1B Mystic Street Ward 2 Applicant: Vahid Nickpour

Article(s): Article 62, Section 12 Use: Conditional Two Family Detached Dwelling (Bsmt, & First Story) - Conditional

Article 62, Section 12 Use: Conditional Two Family Detached Dwelling (Second Story & Above) - Conditional

Article 62, Section 13 Dimensional Regulations Floor Area Ratio Excessive

Purpose: Erect a new 3 story, two family (duplex), on newly created 2,643 sqft lot. Building features townhouse style, elevated window bays onto public way, and decks on first floor, second floor, & roof. See ALT1592346 for subdivision and related ERT1576723. Demolition of existing building to be filed under separate permit. [ePlan]

Case: BOA- 1598199 Address: 223-225 Bunker Hill Street Ward 2 Applicant: Vahid Nickpour

Article(s): Article 62, Section 12 Use: Conditional3F (Bsmt. & First Story) Conditional Article 62, Section 12 Use: Conditional Townhouse (Bsmt. & First Story) Conditional Article 62, Section 12 Use: Conditional3F (Second Story & Above) Conditional Article 62, Section 13 Dimensional Regulations Floor Area Ratio Excessive Article 62, Section 13 Dimensional Regulations Rear Yard Insufficient Article 62, Section 29.2 Traffic Visibility Across Corner

Purpose: Construction of 3 story, 3-unit townhouse dwelling, on newly created 2,071 sqft lot. Building features roof decks and elevated window bays onto public way. See ALT1592346 for subdivision and related ERT1576719. Demolition of existing structure to be filed under separate permit. [ePlan]

Case: BOA- 1690482 Address: 90-92 Perthshire Road Ward 22 Applicant: Patrick McKenna

Article(s): Art. 51 Sec. 09 Insufficient front yard setback Art. 51 Sec. 56 Off street parking requirements Insufficient parking Art. 51 Sec. 56 Off street parking requirements (d) Each car space shall be located entirely on the Lot. Fifty percent (50%) of the car spaces required by his Section 51-56 may be no less than seven (7) feet in width and eighteen (18) feet in length, and the remainder shall be no less than eight and one half (8-½) feet in width and twenty (20) feet in length, in both instances exclusive of maneuvering areas and access drives. (New variance cited; revised plan set 3.11.25)

Article 51, Section 57.13 Two or More Dwellings on Same Lot See other ERT Zoning refusal decision for other respective variances require for 4-unit structure in rear

Purpose The shire development bldg. 1 of 2. erect a new 2 story, 2 family dwelling (duplex). part of multiple dwellings on one lot development. at grade parking also included. raze existing structure on a separate permit. these two units to be 90 92 Perthshire road.*companion erection permit application for 4 unit detached dwelling in rear filed under ert1651774 *10.15.24 application filed assigned to fd by dept head Paul Williams on 11.1.2



Case: BOA- 1690484 Address: 94-100 Perthshire Road Ward 22 Applicant: Patrick McKenna

Article(s): Art. 51 Sec. 08 Use Regulations MFR use forbidden in a 2f subdistrict Art. 51 Sec. 09 Excessive f.a.r Art. 51 Sec. 09 # of allowed stories has been exceeded Art. 51 Sec. 09 Insufficient rear yard setback Art. 51 Sec. 09 Lot width minimum insufficient (Shared driveway street access)

Art. 51 Sec. 51-57 Appl.of Dimensional Req. Two or more Dwellings on a lot Art.51 Sec.56 Off St Parking Design #4 Location of Parking in front yard Article 51, Section 50.2 Conformity Ex Bldg Alignment Building in rear not conforming with existing street alignment Article 51, Section 56. Off-Street Parking & Loading Req Off street parking is insufficient

Purpose: The shire development - bldg 2 of 2. erect a new 3-story, 4 -family dwelling (townhouse). part of multiple dwellings on one lot

development. at-grade parking also included. raze existing structure on a separate permit. these four units entryways to be 94 -96 - 98 -100 Perthshire road *(this application has been filed in conjunction with ert1651770) *10/15/24 filing assigned to fd by dept head Paul Williams on 11.1.24 **revised plans reviewed on 2.7.25

Case: BOA- 1615071 Address: 93 Howard Avenue Ward 13 Applicant: Jason Futrell

Article(s): Art. 50 Sec. 43 Off street parking requirements 50-43.6.d - Parking Size Art. 50, Section 28 Use: Forbidden Multi-Family Dwelling – Forbidden Art. 50, Section 43 Off-Street Parking Insufficient Article 50, Section 29Add'l Lot Area Insufficient Article 50, Section 29 Floor Area Ratio Excessive Article 50, Section 29 Usable Open Space Insufficient Article 50, Section 29 Side Yard Insufficient Article 50, Section 44.2 Conformity Ex Bldg Alignment

Purpose: Erect a new 3-story, 9-unit multifamily dwelling, on vacant lot. Scope includes new rear parking. [ePlan]

Case: BOA- 1653182 Address: 59 Worcester Street Ward 9 Applicant: Derric Small

Article(s) Art 64.9.4 Town/Rowhouse extension into rear Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Excessive f.a.r Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Insufficient side yard setback Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Insufficient rear yard setback

Art. 64 Sec. 09 Dimensional Regulations Applicable in Residential Sub Basement units are forbidden Art. 64 Sec. 36 Off-St.Parking Requirements Insufficient off street parking Art. 64 Sec. 36 Off-St.Parking Requirements Design/maneuvering areas Art. 65 Sec. 64-34 Restricted Roof Structure District Proposed Dormer

Article 64 Section 8 Use Regulations Basement units are forbidden

Purpose : Change the legal occupancy from a two family dwelling to five residential units. Correct V755689