►
Description
This is a recording of the Boston Zoning Board of Appeal Subcommittee Hearing held on October 13, 2022. It is in two parts because technical issues interrupted the recording. However, the full substantive hearing is available across parts 1 and 2. The Zoning Board will hold a vote on whether to approve or reject the subcommittee recommendations at its next full-Board hearing.
Watch Part 1 of this Meeting: https://youtu.be/pawXJQbmT58
A
Start
over
so
the
applicant
just
start
by
putting
your
name
and
address
on
the
record
and
then
describe
your
proposal.
B
Okay,
my
name
is
Rob
passione
I
live
at
78,
Highland
Circle
in
Waveland
Massachusetts,
so
we
are
proposing
to
put
a
small
addition
on
the
rear
of
the
structure
located
seven
enlargement.
B
The
reason
for
this
is
the
owners
wish
to
age
in
place
and
they
want
to
put
in
a
handicapped,
bathroom,
a
elevator
and
accessible
laundry
and
also
expand
the
bedroom
at
the
second
floor,
and
the
elevator
would
also
extend
up
to
that
level
as
well.
Unfortunately,
we
have
a
small
rear
yard
and
an
existing
garage
that
is
pushing
the
addition
into
the
setbacks
on
the
side
and
rear.
B
A
A
Foot,
oh,
okay,
all
right,
Miss
Barraza!
How
are
the
drawings.
D
Yes,
Mr,
chairman
of
the
board
Connor
Newman
with
the
mayor,
soft's
neighborhood
services.
At
this
time,
the
mayor's
office
like
to
defer
to
the
Judgment
of
the
board,
understand
that
the
applicant
receives
support
from
the
Bloomington
neighborhood
association
for
that
area,
and
our
office
is
unaware
of
any
concerns
from
a
Butters
with
that
we
defer
to
the
board.
Thank
you.
A
E
A
Else
testify
you.
F
C
A
And
you
seconded
Mr
Fortune,
yes,
all
right,
Mr
Fortune,
yes,
Miss
Barraza!
Yes,.
C
E
G
Good
evening,
Mr
chair
members
of
the
board
Matt
Fitzgerald
from
dla
Piper,
with
business
address
of
33
R
Street
in
Boston
I'm
here
on
behalf
of
Juan
and
Anna
Chavez,
the
owners
of
276
Fairmount
Avenue,
one
and
honor
up
here
before
you
this
evening,
proposing
to
construct
an
approximately
1100
square
foot,
two-story
addition
to
the
rear
of
their
single
family
home
on
Fairmont
Avenue,
Hyde
Park.
G
On
the
the
first
floor
of
the
two-story
Edition,
what
they
are
proposing
is
to
construct
a
master
bedroom
off
of
what
is
now
the
existing
living
room.
The
master
bed
will
include
a
bath
and
a
walk-in
closet
on
the
second
floor
directly
above
the
first
floor,
Edition
they're,
proposing
essentially
the
same
thing
it'll
be
a
a
master
bed
and
bath
walk-in,
closet
and
that'll
be
off
of
the
what's
now
office
space.
G
On
the
second
floor,
the
proposed
scope
of
work
will
also
include
a
new
deck
off
of
the
rear
of
the
existing
mud
room.
It's
approximately
270
square
feet
and
then
a
small
deck
off
of
the
second
floor.
The
proposed
second
floor,
master
bedroom,
that'll,
be
approximately
120
square
feet
and
that'll
essentially
be
right
above
what
is
now
the
existing
mud
room.
G
The
rear,
Edition
is,
is
sort
of
is
sort
of
assuming
the
footprint
of
what
is
now
a
rear
deck,
so
their
shift
they're,
essentially
Shifting
the
deck
over
to
the
to
the
to
the
other,
to
the
side
of
the
of
of
the
rear
Edition
the
home
is
located
in
a
1f
9000
sub-district
of
the
Hyde
Park
neighborhood
District.
We
hear
seeking
zoning
relief
only
for
far
the
required
far
and
the
one
F
9000
is
0.3
we're
proposing
a
0.75.
G
A
So
the
this
extension
doesn't
trigger
any
side
yard
or
rear
yard
violations
does
not
message
there.
This
is
a
single
family
owner
occupied
house,
correct.
Okay,
all
right.
How
are
the
drawings,
Ms
Brasso
Mr.
C
Chair
the
drawings
are
adequate,
I
just
had
a
question
regarding
the
proposed
swimming
pool
is.
G
My
my
apology,
so
the
the
so
the
proposed
pool,
was
part
of
the
plans
that
were
reviewed
by
ISD.
They
did
not
trigger
any
violations,
however,
one
and
honor
are
not
going
to
be
building
that
right
away.
They
obviously
want
to.
They
want
to
do
the
renovation
of
the
home
first,
so
they're
not
going
forward
with
the
construction
of
the
in-ground
pool.
However,
the
in-ground
pool
was
part
of
the
application
of
this
application
and
it
was
not
cited
for
any
open
space
violations
or
setbacks,
or
anything
like
that.
Okay,.
C
So
Mr
chair
the
pool
you
know
it
is
under
a
zoning
code
under
article
69
under
High,
Park
neighborhood,
district
and
I
did
see
that
a
six
foot
fence
all
around
is
required
and
that's
why
I
was
kind
of
concerned,
because
the
proposal
had
42
inch,
vinyl
fence.
But
since
this
is
not
part
of
the
proposal,
I'll
just
make
sure
to
put
that
in
motion.
It
doesn't
violate
existing
zoning.
A
Yeah
good,
that
that
seems
like
the
right,
the
right
way
to
handle
it.
Okay,
is
anyone
here
to
testify
in
this
project?
Yes,.
D
Mr
chair
members
of
the
board,
Connor
Newman
with
the
mayor's
office
Neighborhood
Services.
This
time
the
mayor
saw
us
like
to
defer
judgment
to
the
board
background
information.
The
community
process
our
office
held
the
butters
meeting
on
August,
8th
2022.,
two
of
Butters
were
present
and
stated
that
they
felt
the
addition
looked
very
nice
and
our
office
received
no
opposition
to
many
other
Butters.
With
that
we
defer
to
the
board.
Thank
you.
A
Well,
the
applicant
is
saying
there
will
not
be
a
poll
right,
no.
G
Just
just
to
be
clear,
Mr
chair:
they
they
do
plan
eventually
to
install
the
pool.
It's
just.
That's
not
what
they're
they're
not
planning
to
do
that
in
the
near
future.
They're
going
to
do
the
renovation
first
and
then
be
on
the
line
to
go,
install
the
pool
and
I
just
wanted
to
make
clear
that
okay.
A
All
right,
then,
then
miss
baraza's,
the
framing
of
the
Proviso
mix,
total
sense.
So.
A
That
motion:
okay,
Mr
Fortune,
yes,
Miss
Peraza,
yes,.
C
C
G
E
Following
the
next
case,
calling
boa
one
three,
three:
four:
zero:
zero
Four
Thirteen
Austin
Street.
This
is
the
front.
This
is
adding
a
farmer's
porch
to
an
entry,
walk-in
closet
and
confirm,
as
occupancy
has
a
one
family
dwelling,
the
violations,
article,
69
69,
the
side
yards
insufficient
name
and
address
for
the
record.
Please.
H
Proposing
to
convert
an
existing
area
of
a
existing
Farmers
porch
to
a
walk-in
entry
closet,
the
door
is
to
the
right
in
front
of
that
area.
So
when
you
first
walk
in,
they
would
walk
in
and
they
would
have
a
closet.
And
it's
strictly
just
an
entry
closet,
that's
about
five
foot
by
eight
foot
but
and
it
stays
underneath
the
existing
Farmers
porch.
So.
H
Correct
it's
it's
it's!
It's!
It's
a
non-conforming
lot
yeah
and
so
the
side
setbacks.
Insufficient
I
would
like
to
point
out,
sir,
that
the
the
house
right
next
door
has
the
same
exact
conversion
in.
A
Fact,
I
think
we're
pretty
clear
on
what
is
being
proposed,
because
is
this:
this
is
a
single
family
home.
It
is
owner
occupied.
Yes,
okay,
all
right.
How
are
the
drawings
Mr
Rossa
this.
A
Is
there
anyone
here
to
speak
on
behalf
of
an
opposition
proposal?
Yes,.
D
Mr
chair
members
of
the
board,
Connor
Newman
with
the
mayor's
office
Neighborhood
Services
this
time
our
office
like
to
deferred
judgment
to
the
board.
We
have
not
received
any
letters
of
opposition
from
the
Butters
and
we
did
receive
letter
support
submitted
by
the
Hyde
Park
neighborhood
association.
With
that
we
defer
to
the
board.
Thank
you.
E
Mr
chair,
we
have
one
raised
hand:
Amy
Doherty,
oh
one.
Second
I,
apparently.
I
I
J
I
A
E
A
Second,
that
motion
all
right:
Mr
Fortune,
yes,
Ms,
Barraza,
yes
and
I-
do
them
in
favor
of
the
motion
passes.
E
Following
the
next
case,
calling
voa-135-3585-41,
this
is
the
construction
of
a
new
master
bedroom
and
bathroom
in
an
attic
space
along
with
the
small
seating
area
in
the
front
of
the
home,
the
violate
statical
67,
section
9,
the
building
has
accessible
stories
and
article
article
67,
section
9,
the
front
yards
insufficient
and
article
67,
section
9.
The
side
yard
is
insufficient
name
and
address
for
the
record.
Please.
K
So
we
are
the
homeowners
and
we
are
have
a
single
family
home
here
in
Roslindale
and
we
are
proposing
a
shed
Dormer
addition
to
our
attic.
It's
an
existing
footprint
of
our
current
attic
attic
space,
which
is
a
walk-up
attic,
so
it
is
not
exceeding
height
of
the
current
Peak
and
also
same
as
the
side
yard.
There's
no
extension
from
the
existing
structure.
A
And
so
so,
what
will
happen
is
that
your
current
addict
is
not
habitable
space
and
it
will
become
having
a
little
space.
Is
that
correct?
That's.
K
Correct
it'll
be
a
master
bedroom,
bathroom
sitting
area
and
a
walk-in
closet.
Okay,.
A
So
when
it's
building
out
excessive
in
terms
of
stories
that
you're
cited
for
it's,
not
that
the
peak
is
going
to
be
any
higher,
it's
just
that
there
will
be
a
full
story.
In
addition,
okay,
what
is
the
what
will
be
that
floor
to
ceiling
height
in
the
in
this
new
attic
proposed
attic.
K
Inside
I
think
it
was
about
it's
it's
in
the
drums.
If
you
keep
going
I
think
the
max
height
was
the
lowest
height
with
was
seven
I.
K
A
Okay,
that
would
change
the
pitch
of
the
Dormer
as
long
as
the
peak
is
not
a
change.
That's
that's
all
right.
D
Mr
chair
members
of
the
board,
Connor
Newman,
with
the
mayor's
office
Neighborhood
Services
our
office,
held
in
the
butters
meeting
that
was
sparsely
attended.
However,
we
did
receive
five
statements
in
support
of
the
projects
and
the
applicant
went
before
the
West
Village
neighborhood
association.
With
that
we
defer
to
the
board.
Thank
you.
E
I
We
do
have
one
raised
hand:
Mr
Markowitz,.
L
Hi,
this
is
Leonard
Markowitz
45
nickish
Avenue
in
Roslindale
I'm,
a
director
butter
lived
here
since
1979
and
we're
in
full
support
of
this
project.
Thank
you.
C
E
You
calling
the
next
case
calling
voa-136-1549
35
Wooley
Street.
This
install
in
addition,
located
at
the
rear
of
the
existing
house,
in
addition,
consists
of
expanding
the
kitchen
adding
a
second
floor
balcony
the
violations,
article
56
section,
Section
8.
The
building
has
excessive
in
stories
name
and
address
for
the
record.
Please.
N
A
N
The
violation
specifically
is
to
the
Dormers
at
the.
B
F
N
The
building,
so
it's
in
the
attic
space
we
have
a
shed
Dormer
on
the
left
hand,
side
and
a
shed
Dormer
on
the
right
hand,
side,
both
of
which
fall
within
the
half
story.
Calculations
for
this
area,
the
violation
is
that
the
Dormers
are
limited
to
eight
feet
per
the
zoning
code,
but
we
believe
that
this
is
a
misinterpretation
and
that
the
eight
foot
Dimension
is
only
applicable
when
the
area
is
not
within
the
half
story.
Calculation.
N
A
I
Good
evening
Mr
chair
members
of
the
board,
Jake
Lacy
from
the
mayor's
office
of
Neighborhood
Services,
our
office
hosted
a
community
meeting
on
Wednesday
August
17th,
where
conversations
primarily
surrounded
how
the
addition
would
sit
on
the
property
and
how
privacy
would
be.
You
know
maintained
with
that
addition.
I
The
applicant
also
went
in
front
of
the
West
Roxbury
neighborhood
Council
on
Tuesday
August
23rd,
where
the
zoning
committee
voted
4-0
in
support
of
the
project.
Our
office
also
received
three
letters
of
support
from
Neighbors
on
Worley
Street
and
we
have
not
received
any
letters
of
opposition,
and
at
this
time
we
defer
judgment
to
the
board.
Thank
you.
Mr.
A
E
A
C
C
E
E
J
My
adults
on
41
has
a
progressive,
neuromotor
condition
called
myotonic
Dystrophy,
and
this
is
making
it
progressively
difficult
for
him
to
take
stairs.
So
what
we
are
proposing
is
adding
a
small
bedroom
on
the
first
floor
off
of
the
kitchen
on
the
existing
footprint
of
Our
Deck.
In
order
to
allow
him
to
have
a
bedroom
downstairs
and
avoid
taking
the
stairs,
he
had
a
bad
fall
this
summer
he
actually
broke
his
neck.
Fortunately,
his
spinal
cord
wasn't
involved,
so
he
has
recovered
from
that.
J
But
we
are
really
concerned
about
the
stairs,
and
so
we
want
to
get
this
done
so
that
risk
is
removed.
It
is
a
small
144
square
foot
bedroom.
Again
it's
an
existing
footprint
of
a
deck
and
my
architect.
Erin
Riley
is
here
to
answer
any
more
technical
questions.
You
may
have.
A
So
how
how
is
this
room
act
accessed.
P
The
right
yes
I'm,
sorry,
yes,
Aaron
Riley
I,
live
at
28,
Bayview
road
in
Wellesley,
Massachusetts
and
I'm,
a
licensed
architect
in
Massachusetts,
okay
and
I'm
working
for
the
early
stories.
P
A
I
mean
that's,
you
know,
that's
my
only
concern
that
that
we
that,
if
it's
going
to
be,
if
this
is
around
accessibility,
which
seems
like
a
noble
thing
to
be
doing,
then
this
needs
to
be
completely
accessible.
You
know
from
from
Soup
To
Nuts,
so
Miss
Baraza
comments
on
the
drawings.
C
P
The
the
existing,
the
the
can
I
show
you
something
on
the
screen.
Sorry
I
I
had
submitted
these
late,
but
yeah.
P
The
the
the
proposed
room
is
mostly
within
the
the
allowed
setback
and
we're
only
asking
for
about
five
feet
extra
and
it's
only
for
about
a
12
foot
length
of
so
the
answer
is
no
there
you
really
wouldn't
be
able
to
fit
anything
in
there
as
it
is.
The
bedroom
is
only
seven
and
a
half
feet
wide.
It's
really
as
minimal
as
it
can
be.
P
That
is
seven
feet:
okay,.
A
Is
there
anyone
here
to
speak
on
behalf
or
an
opposition
to
this
proposal?
Yes,.
M
Good
evening
Mr
chair
members
of
the
board
Frank
Mendoza
here
mayor's
office,
Neighborhood
Services
liaison
to
Austin
Brighton
the
proponent
before
you
had
a
very
sparsely
attended,
a
Butters
meeting,
no
major
opposition
from
the
community
and
the
local
civic
association.
The
Austin
civic
association
just
this
morning
sent
a
letter
of
support
to
the
board
with
the
Proviso
that,
in
support
of
the
project
with
the
Proviso
that
no
building
code
release
be
granted,
our
office
would
also
like
to
go
on
record
as
being
in
support
of
this
project.
Thank
you
very
much.
A
O
A
I
A
So
I
think
we
I
see
the
ACA.
Apparently
you
know
suggested
there'd
be
no
provider
for
no
building
code
relief.
That
makes
sense
in
terms
of
the
questions
that
you
and
I
were
raising
Mr
Ms
Barraza
about
accessibility.
A
Okay,
I
all
right,
I
think
it
would
be
advisable
if,
if
I
mean
either
they'll,
either
need
a
lift
or
a
ramp.
You
know
one
of
the
other.
A
All
right
and
Mr
Fortune,
second
Mr
Fortune,
yes,
Mr
brother,
yes,.
A
That
that's
some
form
of
accessibility,
be
continuous
motion,
passes.
Good
luck,.
E
The
last
case
of
the
night
calling
case
boa
one:
three,
four,
nine,
six,
seven,
five,
four
Denver
Street.
This
is
a
demolition
of
existing
coach
in
the
rare
construction
of
Newport
on
the
same
footprint,
an
extension
of
habitable
space.
On
the
second
floor
level,
the
violation
article
65
section,
9,
the
48
ratio,
is
excessive
name
and
address
for
the
record
police.
Q
Valerie
Davis
for
Diva
Street,
Dorchester.
Q
Okay,
so
the
the
porch
as
it
as
it
is
now
that
is
in
a
dilapidated
state,
is
going
to
come
down
and
be
in
rebuilt.
Now
in
the
same
footprint,
nothing
is
changing,
however,
we
are
closing
in
a
portion
of
the
porch
to
become
a
closet.
A
And
the
only
violation
is
far
because
of
the
the
enclosed
closet,
correct.
A
Q
A
Anyone
here
to
testify
either
for
against
the
project.
D
Yes,
Mr
chair
members
of
the
board,
Connor
Newman
with
the
mayor's
office
Neighborhood
Services
this
time
the
mayor's
office
likes
to
defer
judgment
to
the
board.
They
went
through
the
community
process
and
received
support
from
the
directive,
others,
as
well
as
the
local
civic
association
with
that
we'd
refer
to
the
board.
Thank
you.
A
D
C
A
And
I
too,
am
in
support.
The
motion
passes
good
luck,
Miss
Davis,
thank.
A
Right
and
with
that
good
news,
the
the
hearing
is
adjourned.