ZBA Minutes October 28, 2020 - remoteCity of Beverly — Public Meeting Ground Rules
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City of Beverly
Zoning Board of Appeals
October 28, 2020 at 7:00 pm
These minutes are not a verbatim transcript of the public hearing of the Board of Appeals.
Reviews of the Board's Decision or outcome of the public hearing should include an examination
of the Board's decision for that hearing.
Members Present Joel Margolis, Chairperson, Victoria Caldwell, Pamela Gougian, David
Battistelli, Margaret O'Brien, alt, Kevin Andrews, alt., Stefano Basso, alt.
Members Absent Jim Levasseur
Others Present Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location Zoom
Mr. Margolis began the meeting at 7:00 pm. and as a preliminary matter, stated the following:
Before beginning the meeting, I am confirming that all members and persons anticipated on the
agenda are present and can hear me.
Members, when I call your name, please respond in the affirmative.
Staff, when I call your name, please r
Anticipated speakers
I. EXTENSION REQUEST
Alexander & Femino o/b /o Michal Foss
Original Request In petition for a request for a Special Permit /Finding to allow for the addition
of a dormer on the third floor and raise the rear section of the third floor roof to meet the existing
height of the front section of the roof on a building that is legally pre- existing with respect to the
side yard and front yard setback, and a dimensional Variance to allow a third unit on the third
floor resulting in 2,000 sq. ft. of land area per unit where the RHD District requires 3,000 sq. ft.
per unit. The property is located at 34 Pond Street in the RHD zoning district.
"Applicant seeks 6 month extension
Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated they should have
their building permit soon. The Variance expires in November 2020 and so they are requesting a
six month extension from that date.
No one spoke in favor or against.
Page 2 of 14
MOTION: Mr. Andrews moved to GRANT a six month extension of the Variance at 34
Pond Street to May 26, 2021. Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
II. New Public Hearings
Karen Shea
In a petition for a request for a Special Permit to demolish a 10' x 14' non - conforming rear addi-
tion and replace with a 17' x 12' 6" addition with a rear setback of approximately 14' where 20' is
required and a left side setback of approximately 8' where 10' is required. The property is lo-
cated at 16 Lovett Street in the RMD zoning district.
Karen Shea stated the house is from 1859 and has an L- shaped extension on the back. The
kitchen was put on bricks and it is in bad shape. Ms. Shea stated she would like to demolish that
addition and to rebuild a 14'x20' kitchen addition on a real foundation. It will be basically the
same size just moved over so she can attach the roof of the house. It is already nonconforming.
No one spoke in favor or against.
Ms. Caldwell stated she has no issue with this request, it's an appropriate extension of the house
and it will be to the benefit of the neighborhood. Mr. Battistelli agreed.
MOTION: Ms. Gougian moved to close the public hearing. Second by Mr. Andrews.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT a Special Permit at 16 Lovett Street to re-
place the existing L- shaped addition with a 14'x20' first floor addition, finding it is not
more detrimental to the neighborhood, subject to the plans submitted. Ms. Gougian sec-
onded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Steven Gabalis
In a petition for a request for a Special Permit to replace an existing nonconforming garage with
a new, larger garage with a left side yard setback of approximately 3.72' and a rear yard setback
of approximately 6.32', New garage will be no closer to the lot lines than the existing garage.
The property is located at 7 Pearl Street Ext in the R10 zoning district.
Steven Gabalis addressed the Board and stated the existing garage was built around 1948 and is
poor construction. It is leaning and needs to come down. Mr. Gabalis is seeking to rebuild a
similar size garage no closer to the lot lines than the existing garage.
Page 3 of 14
No one spoke in favor or against.
Mr. Frederickson stated the applicant is extending the garage to the left but not going any closer
to the lot line.
The Board asked for the height of the garage, it is not indicated on the plan. Mr. Basso stated the
plans show the ridge at approximately 13 feet and so the garage would be about a foot above
that.
Mr. Battistelli stated he would like that as a condition to the Board's approval that the garage will
not be higher than 15 feet. Mr. Gabalis stated he is comfortable with a 15 foot height limit.
MOTION: Ms. Caldwell moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favo 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso)
Motion carries.
MOTION: Mr. Battistelli moved to GRANT a Special Permit at 7 Pearl Street
Extension for a garage to be built no closer to the side set back than the existing garage
being demolished with a condition that the total height will be less than 15', subject to the
plans submitted. Ms. Caldwell seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso)
Motion carries.
Matthew and Jessica Costa
In a petition for a request for a Special Permit to construct a right side addition to a
nonconforming structure. Addition is to have a front yard setback of 11.1' where 20' is required.
Addition will be no closer to street than existing structure. The property is located at 31 Guild
Road in the R10 zoning district.
Ryan McShera (Red Barn Architecture) addressed the Board and stated he represents the
applicants. The home was built in 1930 and it is an undersized lot with minimal frontage and it
also encroaches into the front yard setback. The existing roof over the front entryway is about
57 from the lot line and the front of the building is about 107 from the front lot line. The
applicants are proposing to tear down the existing garage and build an addition in its place. The
addition will be no closer to the existing nonconformity and will also not reach over into the side
yard setback. They are seeking to enclose the space over the front door to create a
mudroom/entryway. Mr. McShera stated the request is not substantially more detrimental to the
neighborhood than what currently exists.
No one spoke in favor or against.
Mr. Margolis asked for clarification on the size of the proposed addition.
Page 4 of 14
0
Ms. Gougian asked what the current square footage of the house is and how much
square footage will be added. Mr. McShera stated the existing house is 1,449 square feet and the
proposed would be 2,313 so they are adding about 860 sq. ft. which is a 59% increase.
Mr. Battistelli asked if there are future plans to add a garage and Mr. McShera stated they
currently do not and he discussed with the applicants what they would be giving up by
eliminating the garage and they have no intention of coming to the Board for additional massing.
MOTION: Ms. Caldwell moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso)
Motion carries.
MOTION: Ms. Caldwell moved to the GRANT a Special Permit at 31 Guild Road for
an addition to the nonconforming structure on a nonconforming lot that will create no
new nonconformities but will increase the gross living area of the home by 59% with a
finding that it is not substantially more detrimental to the neighborhood, subject to the
plans submitted. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso)
Motion carries.
Christopher and Jessica LeBlanc
In a petition for a request for a Special Permit to expand an existing non - conforming structure
and a Variance to construct a left side 16' x 24' addition with a left side setback of 12.9' where
15' is required. The property is located at 14 Beverly Hills Avenue in the R10 zoning district.
Jessica LeBlanc addressed the Board and stated the house was built in 1947 and they are
proposing to add a 16'x24' addition to their nonconforming house which will add a living room,
dining room and attic space. The increase is more than 25 %. The home predates the zoning
ordinance. The proposed addition will not be more detrimental to the neighborhood and the
character of the house will remain consistent with the neighborhood. Letters of support from
abutters were included with the application. The house will continue to be used as a single
family residence.
Mr. Margolis asked what the hardship is for the Variance portion of the request. Chris LeBlanc
stated it is an undersized lot and there is a hill above them. The addition is being put on the side
because they get water in their basement and they have had it looked at it and it can't be stopped.
The position of the house is not square on the lot.
No one spoke in favor or against.
Ms. Caldwell stated it is a minimal request for a Variance and she doesn't have a problem with it.
Mr. Margolis agreed.
Page 5 of 14
Mr. Andrews stated the architecture fits in with the neighborhood.
Ms. Caldwell stated the neighbors most effected have signed off in favor of the project.
MOTION: Mr. Andrews moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT a Variance at 14 Beverly Hills Avenue
providing relief for a 12.9' side yard setback where 15' is required finding a hardship
shown as the position of the existing structure on the lot and drainage issues in the rear of
the property, subject to the plans submitted. Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Ms. Caldwell move to GRANT a Special Permit at 14 Beverly Hills Avenue
for an addition that seeks to expand an existing nonconforming single family structure
with a 16'x24' addition that is in excess of 25% with a finding that it is not substantially
more detrimental to the neighborhood, subject to the plans submitted.
Mr. Andrews seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries
Alexander & Femino o/b /o Alan M. Williams and Debra A. Farley
In a petition for a request for a Special Permit and Finding to add a shed dormer to the existing
legally nonconforming garage (Finding) so as to accommodate an in -law accessory apartment
(Special Permit) to be occupied by Alan M. Williams, the son of the life estate holder and brother
of the other owner of the property. The property is located at 23 Bosworth Street in the R10
zoning district.
Tom Alexander, Esq. (Alexander & Femino) stated he represents the Williams family. This
property has been in the family dating back to 1948. The Williams are long time Beverly
residents and owned Dick and June ice cream. It is a good size lot for the district with 75 feet of
frontage. It was created as part of a subdivision in 1911. There is a 22'x24'garage on site which
they are seeking to convert to an in -law apartment for Alan Williams so he can be on site in his
mother's declining years. Mr. Williams and his mother are present to answer any questions. Mr.
Berry, the builder is also present to answer any questions. They have met with neighbors and
there were a few neighbors in the rear that had issues with the original design. They have
redesigned the plans so there is no second floor apartment with windows facing the back that
were overlooking the neighbor's property. Atty. Alexander stated they meet the criteria for an in-
law and reviewed the criteria. They have submitted signatures from 23 residents in the area in
support of this project.
Page 6 of 14
0
They are no longer requesting the Special Permit for the nonconforming setback
because they are no longer going up in height. This addition is less than 25% of the existing
structure.
No one spoke in favor or in opposition.
Mr. Battistelli stated the plans have changed significantly and he would not have been in favor of
the original plans. The revised plans are much more agreeable now.
Mr. Margolis agreed that the plans are pretty straightforward now and he doesn't see any
problem with it.
MOTION: Ms. Gougian moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to GRANT a Special Permit at 23 Bosworth Street for
an in -law accessory apartment to be occupied by Alan Williams and once that ceases it
will return to the main the part of the house, subject to the revised plans stamped October
19, 2020 submitted. Mr. Battistelli seconded the motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Alexander & Femino o/b /o William H. Waters, Trustee of the
127 Dodge Street Trust
In a petition for a request for a Modification to a Special Permit granted by the Zoning Board
of Appeals so as to replace the use as a professional office on the first floor with a residential unit
so that the result would be a residential unit on each of the three floors. There would be no
change to the building footprint or envelope. The property is located at 127 Dodge Street in the
R10 zoning district.
Tom Alexander, Esq. (Alexander & Femino) stated the applicant is retiring and is seeking to
move on from his practice. In the course of marketing the property, they have found there is no
market for a professional practice on the first floor of a residential dwelling such as this. So after
months of marketing it this way it makes sense to return it to a full residential dwelling. They
are seeking to make the first floor unit a dwelling unit resulting in three units, one on each floor.
There are plenty of onsite parking spaces, each unit would have two spaces and there would be
three spaces available for guests. This would a less intensive use and the neighbors are very
much in favor. Atty. Alexander has provided signatures of 15 abutters in favor including both
abutters who touch the property and those immediately across the street. All municipal services
are in place.
Mr. Battistelli agreed that this is a less intense use of the property and he is in favor of the
request.
Page 7 of 14
Ms. Caldwell stated given the history of the building and the location and the lack of opposition
she does not have a problem with it. Ms. Gougian stated she agrees. Mr. Margolis agreed as
well.
No one spoke in favor or against.
MOTION: Ms. Gougian moved to close the public hearing.
Ms. Caldwell seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Mr. Battistelli suggested turning some of the paved area into green space. Ms. Caldwell stated it
wouldn't be a bad idea.
Atty. Alexander stated typically in a situation as this the neighbors are happy that there is
additional parking available for guests.
MOTION: Mr. Andrews moved to GRANT the Modification to the Special Permit at
127 Dodge Street to change the use from a professional office to a first floor residential
unit resulting in three residential units in the building with a finding that this is not
substantially more detrimental to the neighborhood, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
III. CONTINUED PUBLIC HEARING
Handly & Cox o /b /o Greenhouse Naturals, LLC
In a petition for a request for a Special Permit to operate a marijuana establishment for retail
distribution of cannabis and related products to recreational customers. The property is located
at 13 Enon Street in the CG zoning district.
Joe Giannino addressed the Board and stated Marshall Handly is unable to attend the meeting
tonight.
Emily Hutchings from Planning stated they only received the additional information last week
and she is still reviewing it. Ms. Hutchings stated she can provide some comments. Signage is
not part of this Special Permit, it requires Design Review Board approval. The hours of
operation were reviewed at the last ZBA meeting and she does not believe that they were
specifically provided in the application although they are noted. The ZBA does have discretion
to limit those hours. The Ordinance requires that they are not be beyond the hours of liquor
stores. Ms. Hutchings stated no other applicant has requested hours beyond IOpm or starting
before 9am. The other applicant who has received a host agreement has received approval for
Page 8 of 14
hoursl0 -8pm seven days a week. The plan does not require linear distance from
libraries, parks
or childcare facilities. Ms. Hutchings asked if it is correct that the proposed public restroom has
been removed and Mr. Giannino stated they originally had two public restrooms and they were
told it was unnecessary, it was their option.
Mr. Giannino stated they are happy to mirror the liquor store hours, there is one in the plaza.
Ms. O'Brien asked for clarification on the restrooms. Mr. Giannino stated they still have two
restrooms and if the City would like them to add one back into the public space they can do that.
Ms. O'Brien asked what the City would prefer for a public restroom and Ms. Hutchings stated it
depends on the space and the needs of the space. There are some that have proposed public
restrooms, some have not.
Mr. Frederickson stated the plumbing code dictates restrooms.
Ms. Caldwell stated given the Planning Department is still reviewing the application she is not
ready to vote on this tonight. Mr. Margolis asked Ms. Hutchings if they should continue to the
November meeting and Ms. Hutchings stated she has reviewed it for completion but has not
reviewed it in its entirety. Ms. Gougian referred to the Memo from the Planning Department
suggesting they continue to November and Ms. Hutchings stated it would be prudent given they
haven't reviewed it in its entirety.
No one spoke in favor or against.
Ms. O'Brien stated it makes the most sense to continue to the November meeting so Planning
can complete their review. Ms. O'Brien stated it will give the applicant the opportunity to
present the linear distance to childcare facilities and parks. Ms. O'Brien stated given prior
discussions it doesn't seem that customers are in there very long and a public restroom does
seem unnecessary.
Mr. Battistelli stated he would like to see the Sunday hours reduced and also stated that signage
is going to be important to him.
Mr. Giannino stated the Cannabis Control Commission has strict regulations on signage. There
can be no definitive designation of marijuana. There is not going to be a neon sign, it won't be
any bigger than what is existing on the front blade sign.
Mr. Giannino asked the Board to entertain granting a motion subject to the Planning Board's
review.
Mr. Battistelli stated the ZBA is not the final sign off on this. Mr. Margolis stated he would
prefer to have the complete review from the Planning Department in case they find something
Page 9 of 14
that may impact their decision.
Ms. Gougian stated she agrees with Ms. Caldwell and Mr. Margolis. Ms. Gougian stated the
liquor store hours are much more limited on Sundays. Ms. O'Brien stated their Sunday hours are
12- 6pm in January and February and then in March they are open until 9pm.
Mr. Andrews asked what the ZBA's role is versus the Planning Board's role.
Ms. Hutchings stated it is the Planning Department that provides review, not the Planning Board.
The Planning Department will be able to provide a staff report with a list of potential questions,
concerns and recommendations.
Mr. Margolis asked when Ms. Hutchings thought she would have recommendations to the Board
and Ms. Hutchings stated she could have them well before the next meeting.
MOTION: Ms. O'Brien moved to continue the application at 13 Enon Street to the
November 24, 2020 meeting. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
William Sheehan o /b /o John Patrick Pigsley, Sr. and Lorna Jean Noel
In a petition for a Special Permit to construct an addition, which conforms to all required zoning
setbacks and height requirements, to a house which is presently legally nonconforming with re-
spect to the front yard and two side yard setbacks and to construct a front porch which does not
comply with the front setback but does not create a new nonconformity. The property is located
at 15 Rezza Road in the R45 zoning district.
William Sheehan, Esq. addressed the Board and stated he represents Mr. Pigsley and Ms. Noel.
At the last meeting it was suggested they scale down the addition and they have done so. That
scaled plans are dated October 7, 2020 and titled Elevations. They have been submitted to the
Board. They attempted to meet with neighbors but due to bad feelings and emotions they were
unable to do so. Atty. Sheehan reviewed the documents provided to the Board. They propose to
extend to the main house that has existed since 1927 on the eastern side and they propose to
extend the house by a few feet away from Rezza Road. Atty. Sheehan stated they propose to
extend the westerly side with a 2 -story addition plus a one car attached garage that is 12' in
width. They are also seeking to add a 16'x36' 2 -story addition. Atty. Sheehan reviewed the floor
plans of these proposed additions. The total square footage of the enclosed area would be 2,812
sq. ft, substantially reduced from 4,125 sq. ft. It would be a 4- bedroom house. There are three
other 4- bedroom houses on the same side of the street. The proposed square footage is similar to
the square footage at 19 Rezza Road. They are not going to enlarge any dimensional
nonconformities. The house sits closer to Rezza Road than permitted under the ordinance, this lot
is a nonconforming lot. At its highest point the proposed addition is 25' which is substantially
Page 10 of 14
under the height requirement of 35' even including the cupola. No part of the house is
unusual compared to the other houses on Rezza Road. Five houses on Rezza sit in the
R15 zoning district and ten sit in the R45 district. The proposed house has two stories, 20% of
the houses on Rezza Road have three stories, the others have two stories. Atty. Sheehan asked
the Board to consider
the ratio of finished houses to lot sizes. Since September 2nd they have eliminated all living area
over the garage. It has been deconstructed. It allows them to present to neighbors at 11 and 13
Rezza Road a much lower profile at the rear of the property. There will still be a 4 -car garage
built by right. They have substantially reduced the overall height and appearance of the building.
Atty, Sheehan stated they are now seeking relief that is less than the relief obtained at 19 Rezza
Road. They do not need a Variance, they only need a Special Permit. Atty. Sheehan reviewed
the criteria for a Special Permit and how they satisfy those requirements.
Atty. Sheehan stated they have engaged Millennium Engineering to create a stormwater
mitigation plan to address the water issues effecting 13 Rezza Road.
Atty. Sheehan stated the relationship with neighbors is a poor one, however, they are hopeful
once construction is complete that can change and so he is asking the Board to separate the
emotional aspects from the facts.
Effie Panagiotakis, Esq. stated she represents the abutters. Atty. Panagiotakis stated her clients
wholly disagree with the proposal by Mr. Pigsley and his attorney. They stand firm that they are
over building and exceed the 25% rule in the Ordinance. They question the number of accessory
structures on the property, the pool, the pool kitchen and a 4 -bay garage. Atty. Panagiotakis
stated the applicant insists the 4- bay garage can be built by right but she does not agree with
that. Atty. Panagiotakis stated they question the amount of square footages proposed by Atty.
Sheehan. This would be the largest home on Rezza Road. Atty. Panagiotakis stated if you add
up all of the square footage of the accessory buildings it exceeds 25 %. Atty. Panagiotakis stated
since September 2nd there has been a significant amount of work happening at 15 Rezza Road,
windows and siding have been installed, and a sliding door over by the outdoor kitchen (middle
building). Atty. Panagiotakis stated they were making the construction weather tight at their risk
and there is confusion from the building department as to what that means. Atty. Panagiotakis
stated no one from the other side has reached out to them prior to the renderings on October 7t'
and they are not substantially reduced. Atty. Panagiotakis stated removing the top level of the
back building is insufficient. They are requesting a complete demolition of the second level
above the outdoor kitchen and the 4 -bay garage. Atty. Panagiotakis stated Mr. Pigsley is building
the new plans without approval form this Board and she questions why. Videos have been
submitted to the Board showing flooding from October 13t' in to neighboring properties. The
hay bales initially placed have been removed, there is no adequate fencing in between properties.
The fence between 15 and 17 Rezza Road is dilapidated and broken. Tilting the roof line does
not change the view from 17 Rezza Road, all she sees from her home is a giant wall. As far as a
4 -bay garage Mr. Pigsley stated he has motorcycles and cars but Atty. Sheehan stated it is for
when family is visiting. Atty. Panagiotakis suggests it would be a third accessory structure
Page 11 of 14
O which is not permitted in the Ordinance. Mr. Pigsley provided false information to the
Building Department relating to plans and the cost of this project. The Building
Department issued another permit for the interior of this construction for $1,000 which is
impossible.
Atty. Panagiotakis stated Mr. Pigsley has done nothing to have a productive discussion with
abutters before producing plans. They are asking that if this Board approves the Special Permit
there have 15 conditions they would like added to safeguard the properties in the area.
Mr. Margolis stated the Design Review Board rules on precedent, this Board does not. Any
information provided relative to all other houses and what they have done in the past is not taken
into consideration because they don't rule on precedent.
Chris McKernan, 13 Rezza Rd stated construction has taken place before approval has been
given and the ZBA is placed in a difficult position. The neighbors they fully respect what the
Board is doing tonight. Mr. McKernan stated he is not an atty or a contractor or an architect.
Him and his wife are school teachers raising two young boys and their modest 1,800 sq. ft. home
is being compared to a monstrosity of a structure. Mr. McKernan stated Atty. Sheehan has
presented points that make it appear that this project fits in this community. There has been
nothing done to reduce the facade he sees at 13 Rezza Road when looking out the window.
There is a 2 -story structure with a cupola that faces his bedroom window. Mr. McKernan doesn't
believe this Board is ignorant as to what is being presented to them tonight. For weeks they have
watched construction done on this project. The Engineering Department has been diligent and
understanding that the water approaching his property is an infraction of his rights. On a daily
basis they listen to noise from the structures, not the construction. The way it has been shaped
has created an amphitheater. Mr. McKernan stated he opposes this project.
Mr. Margolis asked Atty. Sheehan what the linear length is from the front of the original house
on Rezza Road to the back of the 4 -car garage. Atty. Sheehan calculated lengths of the buildings
and Mr. Margolis suggested it is 82 feet. Mr. Margolis stated he is trying to establish a visual as
to what the abutting neighbor is looking at for a structure and they are looking at close to 100
feet of structure and he doesn't think that is reasonable in that neighborhood.
Ms. O'Brien stated that the linear feet doesn't include the break between the main house and the
garage and it doesn't incorporate the length of the house and the garage.
Ms. O'Brien asked Mr. Frederickson if the 4 -bay garage is in accordance with the Ordinance.
Mr. Frederickson stated if it complies with the setbacks and is no taller than 15' it is allowed by
right. Ms. O'Brien asked if two kitchens makes it a two family and Mr. Frederickson stated that
is not that case. Ms. O'Brien asked for confirmation that the outdoor kitchen is going to be open
to the elements in the winter and Atty. Sheehan confirmed that it will be seasonal.
Ms. Caldwell asked Mr. Frederickson if the Board were to deny the Special Permit would the
Page 12 of 14
garage remain and Mr. Frederickson confirmed as long as it is under 15 feet in height.
Mr. Battistelli asked if there are other accessory buildings on the lot and Mr. Frederickson stated
no, the pool is not an accessory building.
Mr. Basso stated if the garage is allowed by right, the rest of the project still requires a Special
Permit and the fact that the garage is there affects the way he feels about the rest of the project.
Mr. Basso referred to Exhibits 37 and 40 and stated he can't get over that they redesigned the
building but also constructed the building without ZBA approval. Mr. Basso stated he is
dumbfounded because what is the purpose of them being here when they reframe the whole
project without getting the ZBA approval again. Mr. Margolis agreed and stated that the 100 foot
structure is excessive and it is ridiculous. It is a tight neighborhood and he doesn't understand
why that would be acceptable. Ms. O'Brien stated she agrees.
Ms. O'Brien stated right now it appears the height of the pool house is the issue for her and she
doesn't know how that can be resolved. It is higher than the main house and it presents large
volume to the neighbor.
MOTION: Ms. Caldwell moved to close the public hearing.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, Basso, O'Brien)
Motion carries.
Mr. Battistelli stated this building is already built and its an eyesore that undoubtedly effects the
neighbors. Mr. Margolis stated he agrees and has been in the real estate business for fifty years.
Mr. Margolis stated he wouldn't want that structure next door to him.
MOTION: Ms. O'Brien moved to GRANT a Special Permit for the construction of the
addition at 15 Rezza Road, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in favor 0
Votes opposed 5 (Margolis, Caldwell, Battistelli, Basso, O'Brien)
Motion Denied.
IV. OTHER BUSINESS
Approval of September 23, 2020 ZBA Minutes (Battistelli)
MOTION: Mr. Battistelli moved to approve the Minutes from the September 23, 2020
meeting. Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, Basso, O'Brien)
Motion carries.
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Approval of September 2, 2020 Special Meeting Minutes (Battistelli)
MOTION: Mr. Battistelli moved to approve the Minutes from the September 2, 2020
meeting. Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, Basso, O'Brien)
Motion carries.
MOTION: Mr. Margolis adjourned the meeting at 9:52 pm.
Mr. Battistelli seconded the Motion.
All in favor.
Motion caries.
Leanna Harris, Administrative Assistant
Zoning Board of Appeals
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