ZBA Minutes 9.2.2020 - Special Meeting City of Beverly
Zoning Board of Appeals
Special Meeting
September 2, 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 Caldw vid Battistelli, Jim
Levasseur, Margaret O'Brien, alt, Kevin ws, alt. Stefano Basso, alt.
Member Absent: Pamela Gougian
Others Present: Steve Frederickson, Building issioner �0//
Leanna Harris, Zoning Bo ministrative AssistantO//j
Location: Google Meet
Mr. Margolis began the meeting at 7: and as a pre ary matter, stated the following:
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Before beginning the meeting, I am con Ing / embe persons anticipated on the
agenda are present and can hear me.
• Members, whe yo- e, ple and in th affirmative.
• Staff, when your nam ease r �
• Anticipated ers
This Open f the Board o is being conducted remotely, consistent with
Govern r tive of March 12, 2020 due to the current State of Emergency in
the onwealth She oJ ak of COVID-19.
i
In or de� itigate the tra ssion e virus,we have been advised and directed by the
Common to suspend is gatherings, and as such, the Governor's Order suspended the
requirement en Meeti aw to have all meetings in a publicly accessible physical
location. Furthe e of public bodies are allowed and encouraged to participate
remotely.
The Order allows public bodies to meet entirely remotely so long as adequate alternative public
access is afforded so that the public can follow along with the deliberations of the meeting.
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by law. This meeting may feature public comment.
For this meeting, the Zoning Board of Appeals is convening by telephone and video conference
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Meetin Mater'
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Ground
We are now turning to the first item o da. Befor do so, I will cover some ground
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Comm j/////j//
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MEETING MINUTES
NEW PUBLIC HEARING
William Sheehan o/b/o John Patrick Pi2sley, 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
respect 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 nonconformi The property is located
at 15 Rezza Road in the R45 zoning district.
William Sheehan, Esq. (MacLean Holloway, et al.) addresse and stated he represents
Mr. Pigsley and Ms. Noel. They are seeking to expand the of th use by more than 25%
from 1,628 to 4,125 sq. ft. The house is nearly 100 yea and sits o 8 000+ sq. ft. lot.
The main portion of the proposed house is 3 bedroo athrooms with ��car garage
underneath. The middle portion of the structure f s an outdoor kitchen o first floor and
a single 460 sq. ft. room. At the rear of the pro structure i 4-bay garage d by a
second floor with an 1,100 sq. ft. great room. The ants ntique cars and otorcycles.
The style of the house is colonial which is predomma eighborhood. They are seeking
relief under sections 300-11, 300-83 a 0-91B. This onconforming lot in the R45 lot
and they are requesting a special perm
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They received a stop work order because ecial p s ne XThey applied for a Special
Permit and submitted plan eptemb 19 he plans are substantially
the same except for one to do height o e middle portion of the building
The room over the o kitchen not sh on the original plans. The height is well
under the 35'heig ximum. %
There are 10 lots in the 15 district on Rezza Road. If this property
was 200' the istrict they co uild what they wish by right.
They cks of the pro ho e no different than the existing house, the front setback is
just o The side set are ver 19' on both sides.
Atty Shee X ted they me e required criteria of a special permit.
Atty. Sheehan re d do of the proposed house with others on the street and stated the
house has been desi minimize impact to the closest neighbors.
Relief was granted to 19 Rezza Road to build the house that exists there, it was granted Variance
relief twice.
Atty. Sheehan stated they are not seeking Variance relief as stated in opposing counsel's memo,
they are looking for a Special Permit/Finding.
Atty. Sheehan stated they aren't here with a clean slate, they are six months into construction
prior to receiving the stop work order. Atty. Sheehan is asking the Board to make a finding for
the house as described in the plans and requested the Board consider the relief requested is far
less than relief granted at 19 Rezza Road.
Effie Panagiotakis, Esq. (Opposing Counsel) addressed the Board and stated she represents the
households at 13, 14, 17 and 19 Rezza Road. They are asking the Board to issue an order to
demolish the second level addition. If there was a hearing before the ZBA a year ago when the
permit was requested the abutters would have opposed, but they were iven the opportunity.
The problem the abutters have is that they have a massive, monster re on their street and
they never had the chance to voice their disapprovals. The insp ook a couple of months to
review the renderings submitted a year ago and did not provi % ditions. Atty.
Panagiotakis stated a layman could look at those drawings ee th plans are too big.
Section 3 of the Zoning Ordinance states if there is a co t etween e laws and the
ordinance, then the highest standard will govern thei Sion. Section 8 e Zoning
Ordinance addresses the 25% rule.Atty. Panagiot ated what Mr. Pigsley oposing is
over 4,000 sq. ft which is an additional 2,000 s feet and th ' almost doub existing
dwelling. Its an increase of 240%. Atty. Panagio / tate oard has the po r to enforce
the Zoning Ordinance and requirements particularly r o overcrowding the land. The
Zoning Ordinance is supposed to cove rly develop /of land. Arty. Panagiotakis stated
Mr. Pigsley claimed it would only cost to compl construction and clearly it is
going to cost more. The structure does a Os on t ilding permit application.
Atty. Panagiotakis stated t o reason t ' p� ulhave five garages. There
isn't any other property th that rages an e doesn't see why there should
be an exception mad im. ! l
Atty. Panagiotakis st aid A 's co son of other houses should not be
considered because whe footage of the other properties they are only
1,750 sq. ey is ng to add 2 es that. Any other home on the road that
receiv ariance bu wing the guidelines.
Atty. iotakis stated N red e n informed both Mr. Pigsley and his arty that anything
built aft cease order w laced ould be done at their own risk, meaning it may have to be
taken down ery room th s been built are not built within the square footage that Mr.
Pigsley claij/
Atty. Panagiotakis s her letter she listed conditions that she hopes the Board would
impose if they did issu a Finding. Other city departments to come in and inspect the building
and property.
Atty. Panagiotakis stated Mr. Sheehan claims Mr. Pigsley had engaged in construction for 6
months but that is not true because he didn't break ground until February 2020 and the stop work
order was issued in April 2020 so much of what has been built was built after the stop work
order. Atty. Panagiotakis stated w Mr. Pigsley is looking for mercy from the Board to not make
him take it down after he was told multiple times to stop and he didn't. There is a photo from
today with work being done on the cupola.
Atty. Panagiotakis stated her clients are looking for protection for their property values and the
quiet enjoyment and use of their homes. They would like uniformity in the neighborhood, this
house does not fit in with the neighborhood, the traffic alone is a problem. There are a number of
issues to be considered. This isn't just an addition, its three buildings and they are creating
breezeways to make it look like one building but its not. They are concerned as to what the
property will be used for in the future.
Atty. Panagiotakis stated the properties at 11 and 8 Rezza Road riginally single level
ranches that were built up to colonials but they stayed within / oot print and they also
got a Variance to do what they did. This is not what we ha e ha meone who built what
he wanted to before getting a Special Permit and he is b ng the City at.
Atty. Panagiotakis stated the structure exceeds th rule. They need a wai� tigation plan,
a real construction supervisor on site and noise ing fence er client at 1 za Road
suffers most of the noise disturbance right now. T eed t her than the one lanted by
the McKernans. They need a new land and topograph and they need an as-built plan
for comparison. They are looking to t and to enfor Zoning Ordinance, the
construction is not enhancing or beauti eighborh
Atty. Panagiotakis stated the health depa t issu ditioflne of which were met
because Mr. Pigsley had al molishe e
Chris McKernan 13 aRoad s over a fade ago he and his wife Jennifer purchased
their home. They felt it was t privilege obligation to maintain the neighborhood.
Mr. McKernan state / iglse ction not fit in this neighborhood, there has been
no willingness to addres o hand they were told bluntly by Mr. Piglsey
that he hen
orth ncerns. The is change in the topography will be more
F/Mdetrim as as b /aid. There are flooding issues. Mr. McKernan stated he
pla e shrubs 10 y go is now being used by Mr. Piglsey and his atty to say that
they otected by thos es. is so much noise coming from the property due to
configur of the three b 'ng an the concrete outdoor kitchen. The Board is being asked
to rectify a e that shout ve never arisen.
Carol Mallov.14 tated they have lived on Rezza Road for 30 years, everyone gets
along well. It is up o see three houses on one lot for two people. This has to mean more
people are going to liv here and where are they going to park. 15 Rezza Road has parked
heavy equipment, motorcycles and a pool on their property. Ms. Malloy stated she cannot
fathom what is going to happen there with the three buildings on one property.
Susanna Noon, 14 Hillcrest Road stated she is in support of the opposition of the construction
and stated she doesn't feel her property should be considered a comparable. Everyone coming
down Rezza Road immediately notices the construction and wonders what it is because it looks
like a business.
Steven Messinger corner of Hart/Haskell stated he is concerned about speaking out against this
project due to tires being slashed and other incidents happening. Mr. Messinger stated he
appreciates the Board taking the time to listen. This situation can be broken down in to three
parts, Respect, Intent and Community. Respect, what does it mean to be a good person and a
good neighbor? This house was purchased in 2017 and immediately turned into a questionable
circumstance. Mr. Pigsley never went to the neighbors on either side hem and talked with
them about what they would like to do. They just started doing thi a now that they have
been red handed caught, broken all sort of rules they are now to to talk to neighbors to see
what they can do. What is the purpose, what is the intent of ? What is going to
happen there, it is a single family, it is triple the size of an r hou the neighborhood.
This is not about improving or increasing the property, out expan 'diculously,paving
the entire property. It has nothing to do with increasi perry value. A on one side is
not benefitting and neither is the little old lady on er side of the prope a Board is
volunteering their time because they care about ommunity t they live in, eople
around you and the people on that street. O////////�
Jean Sword lived at 17 Rezza Road a ed three yea it drastically changed. Having to
deal with the patriarch of their family / awing to ® ith the neighbors next door
having not regard for them. Its upsettin �e ® e visits om. Ms. Sword stated right
before her father died he made her promis€ not vole d these are not good
people, you mother has to the rest er ' 't want her to have to deal with
this. Ms. Sword stated ally par her car. e is older, she can't navigate her
car around it Ms. S is conce about �gency vehicles going through there. Its been
a horrible three ye d it can't g any mor
Brian Kaszvnskv. 8 Rez space above the four car garage and stated
when the ov e told neighborhood that it was his intent to have
people
his ki grand ove re. So then it would become a two family. Mr. Kaszynsky
scat s allowed w goin revent other houses from requesting to become a two
fami
Board Discus
Mr. Battistelli sta e a few options, they can recognize a building permit was issued
and hold the applic e original plan, they could treat it as if building permit was never
pulled, the applicant c ask the Board to vote on how the building stands, the Board can
negotiate with the applicant to change what has been built or the Board can just approve the
current plans how it has been built. Mr. Battistelli stated most applicants haven't already built
something and we have the opportunity to work with them. Mr. Battistelli stated he can't totally
forget that someone has invested a great deal of money but he does believe what the applicant
has built does not add value to the abutting properties. Before this was ever before the Board,
back in April when Covid first hit and there was nothing to do and he just happened to take a ride
down Rezza Road, the first thing he thought was how can he not remember that being before the
Board. Mr. Battistelli stated he assumed it was a meeting that he wasn't at. A month later the
application came through. Mr. Battistelli stated he has a real problem with what has been built,
it's not something he would have approved. Mr. Battistelli stated the most he may consider is to
hold the applicant to the original plans that were submitted and approved by the Building
Department.
Mr. Margolis asked Mr. Frederickson if they are free to allow what is there subject to changes or
conditions to be approved or not approved. Mr. Frederickson stated in his opinion they can
approve or disapprove whatever they want. They built over 25% whic ould have to come
before the Board for approval. Mr. Frederickson stated the buildin ector didn't consider
that the house was nonconforming.
Ms. Caldwell asked Atty. Sheehan about his brief reference ea D memo with the 13
conditions. Atty. Sheehan stated he was ok with most o m with the tion of the first one.
Ms. Caldwell would like to hear which other conditi ey are opposed t Sheehan
referenced Number 10 relating to Chubb Brook.
Mr. Basso stated he is looking at the Site Plan, its 25' 1 'the side close the
driveway. Mr. Basso stated the way you are going to the house from the ground,
you're going to read all that building Mr. Basso s increasing from 1,600 sq. to 4,100
sq. ft is a 250% increase of area and h a hard ti h that number.
Ms. O'Brien stated it is almost 250%big s g a time getting around that.
Mr. Andrews stated he it and neighbo' property on the left side it is
pretty much a wall o e that y e. It's t of house on this lot and he is also concerned
with drainage with / mount of a It they w ut down. The amount of impervious
material added to thi signi • ������j//
Mr. Leva e ag ith Mr.Andreegarding the amount of impervious area on
the lot Iooki e si is pretty significant and the neighbor's are complaining
abo wage. Mr. Le ur s he can see how there will be issues going forward.
Ms. Cal asked for a br own the square footage of the house and garages. Atty.
Sheehan st e main hou ontains 2,164 sq. ft, the amount of finished area on the middle
portion is 468 and the ge has 1,194 sq. ft over the garage. The garage is set way back
in the property, i g D be visible to people driving down Rezza Road. Ms. Caldwell
asked what the plan e driveway, will it be asphalt or pavers. Atty. Sheehan stated he did
talk to Mr. Pigsley tod regarding pervious material for the driveway.
Ms. O'Brien stated it sounds like the square footage on the middle building is not part of the total
volume. Atty. Sheehan stated the bottom level does not count as area because it is an outdoor
area.
Mr. Basso stated the assessor's terms for `building area' are different than the building
departments terms. Mr. Basso asked for confirmation that anything with a roof is part of the
square footage. Mr. Frederickson stated the definition of structure in the zoning ordinance is
defined by whether it has a roof but it doesn't determine square footage.
Ms. Caldwell asked Mr. Frederickson what his perspective is on whether the applicant continued
to build after the stop work order. Mr. Frederickson stated he thinks that is when the building
department gave them permission to make what was already framed weather tight.
Mr. Margolis stated he has been to the property twice and he has read all the communications.
After listening to the presentations, he feels there is overwhelming ev' ce that the applicants
have total disregard and respect for the neighbors and the City of B 's Zoning Ordinance as
well as the conditions required by the Engineering Dept. and H ept. This oversized project
negatively effects everyone on this private Beverly Farms Ro �argolis reviewed the
criteria for a Special Permit and how the project at 15 Rezz ad do t meet it. Mr. Margolis
stated nothing angers him more than have an applicatio e before th and asking for relief
than when they knowingly defy the process.
Mr. Battistelli and Ms. O'Brien agreed with Mr. , olis's scat nts.
Ms. Caldwell stated this is not something they would o ed if it came before them. Ms.
Caldwell stated the detriment to the n ' rhood is the ing dispute. Ms. Caldwell stated
she would be open to seeing a scaled pt because"'
oesn't think seeing an ongoing
construction site is what is best for the n bj0
Mr. Margolis stated this is to get e Iv � on they make tonight, it is
going to end up in Cou is state sn't this ey can resolve it with
stipulations or condi
Atty. Sheehan sugges�ow th a recei edback from the Board members can it
be continued to the next me back with something else.
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Mr. B i st � mot issues with the neighbors are a very small portion of his
rea of not being or. attistelli stated he does not see a need to continue.
Atty. Pa takis stated sh� rees wit Mr. Battistelli and she does understand Ms. Caldwell's
reasoning l% arating the c truction from the emotional aspect. Atty. Panagiotakis stated it is
mp a severe ia he neig s daily lives. Atty. Panagiotakis disagrees with a continuance.
Mr. Margolis state t in favor of a continuance at this point, this thing is going to get
dragged on and the nei hors are going to continue to suffer.
Mr. Andrews stated he agrees with Mr. Margolis. The foundation has been poured, how different
could revised plans be.
Atty. Sheehan stated they would be willing to continue to the October meeting.
Mr. Margolis stated they will need to meet with all of the neighbors prior to the meeting and
review the plans with them otherwise they are wasting everyone's time. Atty. Panagiotakis stated
she is with all of her clients and they all just listened to the discussion about meeting with the
neighbors and it is their position that it would be a waste of time. Mr. Margolis stated he doesn't
think that things will be drastically different
MOTION: Ms. Caldwell moved to GRANT a continuance to the September 23, 2020
meeting, subject to signing a Waiver and Agreement.
Withdrawn
MOTION: Mr. Battistelli moved to GRANT a conti he October 28, 2020
meeting, subject to signing a Waiver and Agreemen . con s. Caldwell.
Votes in favor: 5-0 (Margolis, Caldwell, Battist evasseur,
Motion carries.
MOTION: Ms. Caldwell moved to ad* /he meetin 9:49 pm.
Second by Mr. Basso.
All in favor.
Motion carries.