Zoning Board of Appeal

• Governing Body: City of Boston Zoning Board of Appeal
• Meeting Date: September 08, 2026 at 09:30 AM
• Meeting Type: Remote/Virtual Hearing via Zoom
• Board Members Present: Norm Stembridge (Secretary), Giovanny Valencia, Shamaiah Turner, Hansy Better Barraza, Katie Whewell, Alan Langham.
• Approval of Minutes: The Board voted unanimously to approve the hearing minutes from August 11, 2026.

The Board considered a block of 12 extension requests. Board Member Valencia questioned the eighth extension request for 151 Liverpool Street, noting it spanned six to seven years. Staff clarified that granting extensions is at the Board's discretion under the Permit Extension Act, and denial would mean project abandonment.

• Motion: To grant extensions as requested for the following cases:
  • Case BOA-1349675: 4 Deaver Street
  • Case BOA-1599560: 7 to 9 Park Street
  • Case BOA-1304433: 10 Thompson Square
  • Case BOA-1153496: 59 Pillock Street
  • Case BOA-1625948: 115 to 121 Boston Street
  • Case BOA-667111: 151 Liverpool Street
  • Case BOA-1369555: 2207 Norchester Avenue
  • Case BOA-1626437: 58 Cedrus Avenue
  • Case BOA-1348765: 155 Portland Street
  • Case BOA-1552342: 43 Hutchings Street
  • Case BOA-1552344: 43R Hutchings Street
  • Case BOA-1398736: 5 Warren Avenue
• Vote: 7-0 (Unanimous approval).

The Board reviewed and voted on five cases previously approved by the subcommittee:

• Case BOA-1822390: 278 Washington Street
• Case BOA-1839200: 587 to 587A East Broadway
• Case BOA-1807140: 269 Silver Street
• Case BOA-1829000: 141 to 113 Norchester Avenue
• Case BOA-1833903: 107 Russell Street (Approved with Planning Department's design review)
• Motion: To approve subcommittee recommendations.
• Vote: 7-0 (Unanimous approval).

• Applicant/Representative: Attorney Jeff Drago (Drago & Toscano), David Freed (CHOI)
• Project Description: Seeking building code relief to allow low-profile roof hatch access (30 inches above the roof deck) instead of a full penthouse for two private rooftop decks on a newly constructed 4-unit condo building.
• Motion: To approve building code relief to allow for the hatches as opposed to the penthouse.
• Vote: 7-0 (Unanimous approval).

Case BOA-1873156: 8 Lawrence Street

• Applicant: Nestor Lemus
• Project Description: Seeking relief from restricted roof area rules to construct a 250 sq. ft. roof deck on a flat-pitched roof in Charlestown. The deck features a 10+ foot front setback.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) deferred judgment, noting no opposition at the June 22 abutters meeting. Ashley (Office of Councilor Edward Flynn) recorded support.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1849569: 560 to 562 Tremont Street

• Applicant: Chloe Roque-Nicholas
• Status: The applicant stated that ISD informed her that the permit denial was issued in error. No ruling was required, and the case was returned to ISD without a formal withdrawal or refusal letter.

Case BOA-1864808: 460 West Broadway

• Applicant/Representative: Attorney George Maranci, Shane Locey (Architect)
• Project Description: Adaptive reuse and a two-story addition to a historic 1948 classical revival bank building to house the South Boston Division of the Boston Municipal Court and Suffolk County District Attorney offices. Requires a use variance, height relief (49 feet proposed vs. 35 feet allowed), FAR relief (2.85 proposed vs. 1.5 allowed), and side yard setback relief.
• Public Testimony: Conor Newman (Mayor's Office of Neighborhood Services) deferred judgment, noting extensive community feedback that led to removing a 22-unit residential component and reducing height from 6 to 4 stories. Ashley (Office of Councilor Edward Flynn) recorded support. The Office of Historic Preservation/Boston Landmarks Commission recorded full support.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1838044: 42 Lambert Street

• Applicant/Representative: Gary J. Webster Jr. (TARZ Development), Dan Fuggeri (Stack Architecture)
• Project Description: Combine vacant lots at 40 and 42 Lambert Street to construct a new residential building with two townhomes and one off-street parking space. Violations include parking, lot area, FAR, open space, and setbacks.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) noted past abutter concerns regarding parking and shadows, but stated the current design was revised from 3 units to 2 units with parking to address those concerns. The neighborhood council voted in support. ONS deferred judgment.
• Motion: Motion of approval with the proviso that plans be submitted to the Highland Park Architectural Conservation District Commission for design review.
• Vote: 7-0 (Unanimous approval).

Case BOA-1856279: 66 Rutland Street

• Applicant/Representative: Timothy Burke (Architect), Gaurav and Naya Mittal (Owners)
• Project Description: Single-family home restoration including a 6-foot-deep projecting rear balcony at the kitchen level, a dormer, and a roof deck with a 5-foot setback.
• Public Testimony: Devin Jones (Office of Neighborhood Services) deferred judgment, noting overwhelming neighbor support at the June 30, 2026 abutters meeting.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1827453: 11 Ashley Street

• Applicant/Representative: Michael Chavez (Social Impact Collective)
• Project Description: Infilling a third-floor rear area over the existing footprint of a single-family home to add a bedroom for a multi-generational household, increasing FAR from 0.58 to 0.67 (0.6 allowed).
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) deferred judgment, noting the Jamaica Plain Neighborhood Council voted in support.
• Motion: Motion to approve.
• Vote: 7-0 (Unanimous approval).

Case BOA-1868487: 388 Arborway

• Applicant/Representative: Attorney Jeff Drago, David O'Sullivan (O'Sullivan Architects)
• Project Description: Change occupancy from a two-family to a three-family dwelling by legalizing and expanding an existing garden/basement level unit to 1,407 sq. ft. with two bedrooms and two baths. Includes three off-street parking spaces.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) deferred judgment, noting support from the Jamaica Plain Neighborhood Council.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1837050: 17 Copley Street

• Applicant/Representative: Attorney Matt Eckel (Fletcher Tilton), Jennifer Ha (Kew Architecture)
• Project Description: Convert a pre-existing two-family Queen Anne Victorian into a three-family dwelling, adding strategic dormers and a rear addition to square off a cantilevered porch. All units will be 3-bedroom, 2-bathroom configurations.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) noted that while the Jamaica Plain Neighborhood Council and Eggleston Square Neighborhood Association supported the project, a direct abutter raised concerns regarding construction noise, parking accessibility, and potential tenant displacement.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1747507: 32 Wycliffe Street

• Applicant/Representative: Attorney Derek Small
• Project Description: Legalize an existing basement unit to change the official occupancy from 7 residential units to 8 residential units. Proposing an FAR of 1.16 vs. 0.8 required.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) noted abutter complaints regarding property maintenance, trash, and noise. Attorney Small responded that they met with the neighborhood group Roxbury Path Forward, completed exterior repairs, removed front satellite dishes, and secured a letter of support from the group.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1863179: 772 to 778 Adams Street

• Applicant: Edward Brooks (Owner, Landmark Public House)
• Project Description: Seeking a variance to continue operating an existing outdoor patio on private land at the rear of the restaurant, which has operated for five years since COVID-19 under temporary allowances.
• Public Testimony: Eva Jones (Office of Neighborhood Services) deferred judgment, noting support from the Cedar Grove Civic Association. Liam Remus (Office of Councilor John Fitzgerald) recorded strong support.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1847298: 97 Milton Street

• Applicant: Christopher McEachin
• Project Description: Enclose an existing first-floor walkway and a second-floor balcony attached to a bedroom to create additional interior living area for a single-family home.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) deferred judgment, noting support from the Greater Codman Square Neighborhood Association.
• Motion: Motion to approve.
• Vote: 7-0 (Unanimous approval).

Companion Cases: 72 Readville Street (BOA-1834435), 74 Readville Street (BOA-1834445), & 5 Waterloo Street (BOA-1834452)

• Applicant/Representative: Attorney John Pagini, Michael Bannon (Owner)
• Project Description: Combine two existing lots (74 Readville St. and 5 Waterloo St.) and subdivide them into three lots of approximately 4,130 sq. ft. each. The existing two-family home at 5 Waterloo Street will remain unchanged. A small existing house will be demolished, and two new 2.5-story, 4-bedroom single-family homes (approx. 2,100 sq. ft. each) with ground-level garages will be built at 72 and 74 Readville Street.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) reported majority opposition at the May 4 abutters meeting due to project scale, traffic, and the addition of two new driveways on a bus route. Readville Watch Neighborhood Association members were split. Residents Laura A. Sims and Mary Beth Benson spoke in opposition, citing traffic accidents, loss of street parking, and overdevelopment. Resident Jeremy spoke in favor.
• Motion: Motion of approval with the proviso that the project undergoes BPDA design review to minimize driveway maneuverability issues near the corner lot.
• Vote: 7-0 (Unanimous approval).

• Case BOA-18270832 (350 Athens Street): Attorney Ryan Spitz requested a deferral to modify plans based on Planning Department recommendations. Deferred to October 6, 2026 (Vote: 7-0).
• Case BOA-1833292 (336 East Street): Attorney George Maranci noted the case was advertised with an incorrect address ("East Street" instead of "E Street"). Deferred to September 22, 2026 (Vote: 6-1, Whewell voting no).
• Case BOA-1830082 (21 Couture Street): Attorney Matt Eckel presented a plan for a new single-family home on a vacant lot. Board members noted that architectural elevations were missing from the application. Deferred to September 22, 2026 to allow the applicant to submit full elevations (Vote: 7-0).
• Case BOA-1749423 (26 Birch Street): Attorney Ernst Guerrier requested a short continuance to meet with the neighborhood association. Deferred to October 6, 2026 (Vote: 7-0).
• Case BOA-1857936 (151 Lenox Street): Jacob Taylor requested a deferral to revise plans with the Boston Planning Department. Deferred to October 6, 2026 (Vote: 7-0).
• Case BOA-1836310 (44 Granger Street): Ethan Riddershaus requested a deferral due to notice issues. Deferred to October 6, 2026 (Vote: 7-0).

Case BOA-1848753: 24 Stimson Street

• Applicant/Representative: Attorney John Pagini
• Project Description: Convert a first-floor commercial space (originally intended as a daycare) into a 2-bedroom, 2-bathroom residential condominium unit within an existing 13-unit building. Residential use on the first floor is conditional in this neighborhood shopping district.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) deferred judgment, noting unanimous support from the West Roxbury Neighborhood Council.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1840166: 90 to 92 Elk Street

• Applicant: Don Juan Campos
• Project Description: Change of use from an existing laundromat to an ice cream/frozen yogurt shop. Proposed operating hours are 11:00 AM to 10:00 PM. Mercantile use requires a variance.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) noted that the City Point Neighborhood Association supported the application, but some neighbors raised concerns about traffic and past dry-cleaner site contamination. Lou Anne O'Connor (City Point Neighborhood Association) spoke in full support, noting the owner committed to no outdoor seating. Ashley (Office of Councilor Edward Flynn) recorded support.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1857851: 368 Athens Street

• Applicant/Representative: Attorney George Maranci
• Project Description: Combine two parcels (currently used as bank employee parking) into a 4,325 sq. ft. lot to construct a four-story residential building containing six units (all 3-bedroom configurations) and six ground-floor parking spaces. Requires variances for setbacks, lot area, and parking dimensions.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) deferred judgment, noting support from the St. Vincent's Neighborhood Association. Ashley (Office of Councilor Edward Flynn) recorded support.
• Motion: Motion of approval with a proviso that the project undergoes BPDA design review, paying special attention to the exterior materials of the first story and its transition to the top story.
• Vote: 7-0 (Unanimous approval).

Case BOA-1855511: 555-567 East Broadway

• Applicant/Representative: Attorney Francis Adams, Eric Fitzgerald & Nam O'Byrne (Owners)
• Project Description: Conditional use permit for a private 10x16 ft. roof deck accessed via an existing roof hatch on a single unit within a six-unit townhouse condo.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) noted that three direct abutters opposed the deck due to quality-of-life concerns, and the Gate of Heaven Neighborhood Association opposes all roof decks in their catchment area. Ashley (Office of Councilor Edward Flynn) read a statement requesting a deferral and criticizing ONS's community process determinations. Johnson clarified that a full abutters meeting was held.
• Motion: Motion of approval with the proviso that the guardrail be set back from the roof edge in accordance with Article 68, Section 29.
• Vote: 7-0 (Unanimous approval).

Case BOA-1850688: 442 East 5th Street

• Applicant/Representative: Attorney Ryan Spitz, Michael Regan, Joe Santoro, Andrew Langone (Owners)
• Project Description: Convert an existing three-family home into a four-family home by transforming the 825 sq. ft. basement into a 3-bedroom residential unit. Includes a recessed rear stairwell/patio for egress. Requires variances for forbidden basement use, FAR (2.71 proposed vs. 2.0 max), open space, and parking.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) deferred judgment, noting one abutter concern regarding basement conversion precedents. Ashley (Office of Councilor Edward Flynn) recorded support.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

Case BOA-1854862: 120 to 120D Old Harbor Street

• Applicant/Representative: Attorney George Maranci, Tim Johnson (Architect), David Murphy (Developer)
• Project Description: Demolish an existing vacant two-story building and construct a four-story, five-unit residential structure configured as townhouse-style units. Each unit will feature a 2-car garage, front balcony, and a 168 sq. ft. private roof deck. Requires variances for lot area, side/rear setbacks, and main entrance configuration.
• Public Testimony: Siggy Johnson (Office of Neighborhood Services) deferred judgment, noting mixed feedback from neighbors regarding water runoff and garage door noise. The Dorchester Heights Neighborhood Association was in non-opposition. Ashley (Office of Councilor Edward Flynn) noted opposition to the roof decks. Abutter Kimberly Turner spoke in opposition, raising concerns about garage doors facing bedrooms and reduced setbacks.
• Motion: Motion to approve.
• Vote: 7-0 (Unanimous approval).

Case BOA-1861457: 2073 to 2189 Washington Street

• Applicant/Representative: David Lenhardt (Counsel), Martin Hemsley (Founder, NECAT), Madry Goode (Executive Director, NECAT)
• Project Description: Conditional use permits and a variance to relocate New England Culinary Arts Training (NECAT) to a new $9 million facility in Nubian Square. The project involves renovating the second and third floors of an existing building to install a large commercial training kitchen.
• Public Testimony: Jeremy Bembry (Office of Neighborhood Services) deferred judgment, noting that a subcommittee flyer was distributed to abutters and no negative feedback was received.
• Motion: Motion of approval.
• Vote: 7-0 (Unanimous approval).

• Applicant/Representative: David Higgins (Developer), Tim Sheehan (Architect)
• Project Description: Combine 18 and 20 Plain Street into a single 13,707 sq. ft. lot to construct a new 2,345 net sq. ft. single-family home. This would bring the total number of houses on the combined parcel to four. The applicant noted the project has been developed incrementally in phases since 2015.
• Board Discussion: Board Member Better Barraza raised significant concerns regarding the lack of a holistic master plan for the site, noting that seven total properties share a driveway. She emphasized the need for comprehensive reviews regarding fire truck access, parking layout, and green space.
• Public Testimony: Eva Jones (Office of Neighborhood Services) deferred judgment, noting overwhelming community opposition at the January 14, 2026 abutters meeting regarding construction trash, ongoing disruptions, and excessive zoning violations. Liam Remus (Office of Councilor John Fitzgerald) recorded opposition. Neighbor Martin Sweeney strongly opposed the project, citing a 10-year loss of green space and trees. Neighbor Zach Yachteen spoke in support.
• First Motion: Board Member Better Barraza moved to approve with a proviso requiring a comprehensive urban design site planning review with BPD and BTD to address fire safety, parking, and green space across all seven properties.
• First Vote: Failed (3-4; Better Barraza, Whewell, and Valencia voted yes; Stembridge, Turner, Langham, and the Chair voted no).
• Second Motion: Motion of denial without prejudice to allow the applicant to consult with neighbors and return with a holistic site proposal addressing Boston Fire Department, Boston Transportation Department, and BPDA concerns.
• Second Vote: 7-0 (Unanimous denial without prejudice).

• Applicant/Representative: Attorney Richard Lynds, David Choi (Architect)
• Project Description: Renovation and vertical/rear addition to a pre-existing three-story mixed-use building in Day Square. The project changes the occupancy to ground-floor retail with nine residential units across five stories (48 feet total height). One unit will be designated as an Inclusionary Development Policy (IDP) affordable rental unit at 60% AMI. Requires a conditional use permit for altering the roofline, alongside variances for lot coverage, permeable area, and ground-floor ceiling height.
• Board Discussion: Board Member Valencia asked if the applicant would consider a top-floor setback to reduce street massing. Board Member Better Barraza noted that while the five-story height aligns with new East Boston zoning guidelines, the project struggles to meet the 75% maximum lot coverage requirement. Attorney Lynds stated that reducing the footprint would make the ground-floor ADA-accessible unit unfeasible.
• Public Testimony: Eva Jones (Office of Neighborhood Services) deferred judgment, noting that the Eagle Hill Civic Association voted 9-2 in support of the project.
• Motion: Motion of approval with the proviso that the planning department works with the proponent to improve the project, with special attention to considering a setback from the street on the top floor.
• Vote: 7-0 (Unanimous approval).