Loading...
ZBA Minutes October 28, 2020 - remoteCity of Beverly — Public Meeting Ground Rules This Open Meeting is being conducted remotely, consistent with Governor Baker's Executive Order of March 12, 2020, in response to the outbreak of COVID-19, which allows public bodies to meet entirely remotely so long as adequate alternative public access is afforded. • Other participants or viewers may be able to see and hear you. You have the option to turn off your video if you are participating via computer. • Mute microphones or phones unless recognized by the Chair to reduce background noise and feedback. Mute yourself by clicking the microphone mute /unmute icon at the bottom of the screen, pressing the mute button on your telephone, or by pressing *6 on your telephone keypad. The host may mute you. • Use the Chat function for technical difficulties and to indicate you'd speak and not for public comment. • Wait until the person speaking has finished before speaking so we can clearly hear all partici- pants. • State your name and address or affiliation before speaking. • Speak clearly, loudly, and in a way that helps generate accurate minutes. • Regarding public comment: • After speakers conclude, the Chair will invite Board members to provide comment, questions, or motions. • After members have spoken, the Chair may afford public comment as follows: • The Chair will first ask members of the public who wish to speak to identify their names and addresses only; you may also write "me" in the chat function. • Once the Chair has a list of all public commenters, she will call on each by name. • Public comment is at the Chair's discretion unless required by law (such as a public hearing). 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. Page 13 of 14 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 Page 14 of 14