Loading...
ZBA Minutes April 28, 2021 - remote City 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 participants. • 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 April 28, 2021 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: Victoria Caldwell, Vice Chairperson, Pamela Gougian, David Battistelli, Jim Levasseur, Kevin Andrews, alt. Members Absent: Joel Margolis, Chairperson, Margaret O'Brien, alt. Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: Remote Victoria Caldwell, Vice Chairperson began the meeting at 7:03 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 respond in the affirmative. • Anticipated speakers L CONTINUED PUBLIC HEARINGS Andrew Breton and Leah Knight request for a Special Permit to replace a nonconforming detached garage with a detached accessory structure, with no change in setbacks. Garage has a rear setback of 0.3'where 25' is required and a right side setback of 1.9'where 10' is required. The property is located at 31 High Street in the R6 zoning district. MOTION: Mr. Battistelli moved to continue to the May 26, 2021 meeting. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Page 2 of 14 II. MODIFICATION Neil Zarkades request for a Special Permit to add a 2nd floor addition and front porch/entry to an existing nonconforming dwelling with a front setback of 11.6', where 20' is required and a right side setback of approximately 13.3', where 15 is required. Additions will be no closer to property lines than existing structure. The property is located at 8 Sylvan Road in the R10 zoning district. Neil Zarkades addressed the Board and stated initially they planned to have the stairs come closer to the setback but then they realized that they would have to fill in and build a retaining wall. The new plan shows where the existing stairs used to be and that that are putting the stairs back there. No one spoke in favor or against. Ms. Gougian stated it's a minor request and she can't see a lot of difference, it looks fine. Mr. Battistelli agreed. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Andrews seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Minor Modification at 8 Sylvan Street based on the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. III. NEW PUBLIC HEARINGS Daniel and Tara Du22an request a Special Permit to add an attached garage with an accessory apartment above to right side of nonconforming dwelling. Addition will meet all setbacks but will increase footprint of existing house by more than 25%. Also, a Variance to allow the apartment to be used by a professional caregiver. This property is located at 16 Overlook Avenue and is in the R10 zoning district. Tara Duggan addressed the Board and stated they are hoping to create an opportunity for a live in therapist for their severely autistic son who is not progressing to the level they had anticipated at this point. Ms. Duggan stated they have elderly parents on both sides and so they think this would be the best opportunity for their son to have the support and services needed. No one spoke in favor or against. Page 3 of 14 Mr. Andrews stated it makes sense to create a space to care for family. The Board has looked at many of these types of situations and this does sound like a great solution for the family given the circumstances. Ms. Gougian stated she is concerned that this would be a non-family member that the Board would be granting approval for and questioned if the Board can do that given the ZBA bylaws stipulate it has to be for family members. Mr. Frederickson stated that is why they are requesting a Variance, otherwise it would just be a Special Permit. Ms. Caldwell stated it is with keeping with the spirit of what the current Zoning Bylaw provides. Mr. Battistelli stated since it's a Variance a hardship needs to be specified and one hasn't been stated yet. Ms. Duggan stated the hardship would be a financial one for them and an emotional one for their son who would be devastated if they had to leave the community that they are in. Ms. Caldwell asked Mr. Frederickson for confirmation that this is a `use'variance not a variance related to the land. They would be varying the requirement that it would be a family member. Mr. Battistelli stated he feels like there should be a time period on this approval even if its 20 years so that at some point they will need to come back before the Board, he is concerned it could become a two family. Ms. Gougian stated in a year they could sell the house and then they have an accessory apartment. Ms. Gougian asked if it is increasing more than 25% and what the current square footage is and how much the addition will be. Mr. Duggan stated above the garage is about 750 sq. ft. Ms. Caldwell stated the garage is 24'x27' and the addition is going above that. MOTION: Mr. Andrews moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. MOTION: Mr. Battistelli moved to GRANT a Variance at 16 Overlook Avenue to allow a nonfamily member to live in an accessory apartment addition, the apartment will be occupied by a professional caregiver, this approval will end with the sale of the property, subject to the plans submitted. Mr.Andrews seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Page 4 of 14 MOTION: Mr. Battistelli moved to GRANT a Special Permit at 16 Overlook Avenue to add an attached garage with an accessory apartment above on the right side of the nonconforming dwelling. Addition will meet all setbacks but will increase footprint of existing house by more than 25%, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Ralph and Susan Oliver request a Special Permit to add a dormer to the front of a nonconforming detached garage and to convert the garage to a third dwelling unit. This property is located at 6-8 Ashton Street and is in the R10 zoning district. Katelyn Oliver addressed the Board on behalf of Ralph and Susan Oliver and stated they are looking to change an existing nonconforming 2-family dwelling to a 3-family dwelling by converting the existing garage and adding a dormer. Ms. Oliver stated she currently lives on Dane Street in Beverly and this would allow her to continue to live in Beverly more affordably. Ms. Oliver stated she agrees with Mayor Cahill's plan for Beverly to create more affordable housing. Dianne Moffett, abutter stated she is in favor of the project. Counselor Rotundo stated he lives a couple of streets away but he canvassed the neighborhood and didn't receive any negative feedback regarding the project. Mr. Rotundo stated Ms. Oliver is right that they are looking to address housing needs and making things more affordable. Susan Oliver stated there is a letter included in their application that is signed by all of the abutters in favor of this project. Mr. Andrews stated he applauds the effort to include the neighborhood in the design and project discussion. Ms. Gougian stated she thinks it's a very congestive area especially as you turn off of Bridge Street and she would hate to see any other expansions or additions in that vicinity. The parking plan is a little tight. Ms. Gougian stated the property looks great and they have done a great job with the exterior and the garage. Ms. Gougian stated she doesn't see how their rents are going to be any less than the going rate. Ms. Oliver stated there is some room to the left of the garage and they have plans to extend the driveway over 3 or 4 feet to fit all of the cars very comfortably. Ms. Oliver stated their rental rates are much lower than others in the area and they take a lot of pride that their rates are extremely affordable. Ms. Oliver stated its just the way they give back and allowing them to do this would be a great opportunity for their daughter. Page 5 of 14 Mr. Battistelli stated he was against this request five years ago as was most of the Board. It's a single family neighborhood and he wouldn't want this on his street. Mr. Battistelli stated he doesn't'understand why a few of the neighbors signed the petition. Ms. Caldwell stated it is unusual because it is a preexisting 2-family in a single family neighborhood. Ms. Caldwell stated because this doesn't change the exterior at all they are just adding people to the structure in an attractive way she thinks this is something she can support. Years ago there could have been 2 families living in there with 4 or 5 teenagers. Ms. Gougian stated if anyone in that neighborhood wanted to convert to a 2 family she would be against it. She lives in a neighborhood where 2 families have gone to 3 families and 3 families have gone to 4 families. What it is today may not be what it will look like fifteen years from now and so all the neighbors should consider that. Once you make that decision now and make it acceptable you can't go back. Ms. Oliver stated all of the abutters did sign and they did have discussions about what they wanted to do. They have no intention of selling the house, they have owned it for over 20 years and if she did sell it, they would sell it to their daughter. Ms. Oliver stated this won't change how they maintain the house. Ms. Gougian stated she has no doubt that that they will continue to care for the house but the decision is forever and once it's a 3 family it will always be a 3 family. Ms. Moffett stated this is not the only 2-family house there are several multifamily homes in the neighborhood and it has not been a problem Ms. Gougian stated according to the parking plan they have cars parked right up to the front door. They should have a parking plan that shows spaces to the left of the garage. Joseph White,Architect addressed the Board and clarified the plans and the parking plan. Mr. White stated it seems that Beverly is going to be decreasing the amount of parking spaces required per unit. Ms. Caldwell asked Ms. Gougian if she would like to see a new parking plan before she votes. Ms. Gougian stated she has a problem with seeing the asphalt come right up to the living quarters and that it is considered a parking area. Ms. Gougian would like to see some green around the living area. Mr.Andrews agreed and asked if they have to have six spots. Mr. White stated he was asking that as well since the 3rd unit will be a one bedroom and Beverly is working towards reducing parking requirements. Ms. Caldwell suggested the Special Permit expire upon the sale of the property. Ms. Oliver stated she is okay with that. Ms. Caldwell asked if the Board wants to see an updated parking plan. Ms. Gougian stated she can live with the parking plan with less asphalt. Mr. Andrews stated if they ask for a new Page 6 of 14 parking plan it's going to involve more asphalt. Mr. Andrews asked if they would consider having crushed clay or gravel. MOTION: Mr. Andrews moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. MOTION: Mr. Andrews moved to GRANT the Special Permit at 6-8 Ashton Street to add a dormer to the front of a nonconforming detached garage and to convert the garage to a third dwelling unit, subject to the plans submitted with the following conditions: (1) the Special Permit expires with the sale of the house; and (2)within 8' of the existing garage there will semi permeable material used for grading and parking. Mr. Levasseur seconded the Motion. Votes in favor: 4 (Caldwell, Gougian, Levasseur,Andrews) Votes opposed: 1 (Battistelli) Motion carries. Justin and Cortney Negrotti request a Special Permit/Finding to allow a second floor and a front farmers porch addition to a house that is nonconforming with respect to side and front setbacks. Second floor addition and front porch will be no closer to the lot lines than the existing house. This property is located at 34 Northern Avenue and is in the R10 zoning district. Justin Negrotti addressed the Board and stated they are looking to change their nonconforming residence by adding a second story that will double their existing square footage. This change gives them the additional bedrooms to continue growing their family. They did explore other options and discovered ledge when looking into expanding into their back yard. They spoke to nearly every abutter and did not receive any opposition. A petition with abutters in favor was submitted. Mr. Negrotti stated they are confident that their design plans fit with the neighborhood and will add to the property values in the area. Mr. Battistelli stated they received the signatures from the neighbors but he doesn't see the neighbor at 432 on the left side. Mr. Negrotti stated the abutter is elderly and lives with a caregiver so they were unable reach her. Mr. Battistelli stated this will be good for the neighborhood. Mr. Andrews agreed and stated he agrees it looks very nice and it's good that the increase in size does not increase the footprint. MOTION: Ms. Gougian moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Page 7 of 14 MOTION: Mr. Andrews moved to GRANT the Special Permit at 34 Northern Avenue to allow a second floor and a front farmers porch addition to a house that is nonconforming with respect to side and front setbacks. Second floor addition and front porch will be no closer to the lot lines than the existing house, finding that the addition is not more detrimental to the neighborhood, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Joseph and Hillary Lacirignola request a Special Permit to encroach 8.1' into the front setback where 30' is required and a Variance to encroach .7' into the right side setback where 15' is required for a porch deck addition. This property is located at 47 Webster Avenue and is in the R15 zoning district. David Jaquith,Architect addressed the Board and stated they are looking to construct a porch deck addition on this is nonconforming structure. It will encroach .7' into the right side setback. The hardship is the size and shape of the lot and the position of the existing structure. Ms. Lacirignola stated they are looking to add on to their property, they are looking to stay in this house forever, they want this house to be a house of their dreams and this is one of the components. Mr. Jaquith stated they have talked with the neighbors and have not heard anything negative. Mr. Jaquith stated they are also widening the driveway. No one spoke in favor or against. Mr. Battistelli asked if they were able to get a signature from their neighbor at number 45 and Ms. Lacirignola stated she did speak with him and he is in favor but she didn't ask him to sign. Mr. Battistelli stated it will be attractive and not a detriment to the neighborhood so he is in favor. Ms. Caldwell stated it is a minimal Variance request in terms of the encroachment. Mr. Andrews stated it will be a fantastic addition without adding volume. MOTION: Mr. Andrews moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Page 8 of 14 MOTION: Mr. Levasseur moved to GRANT a Variance at 47 Webster Avenue to add a porch deck addition on the right side of the nonconforming dwelling due to the shape and size of the lot and the position of the structure on the lot creating a hardship, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. MOTION: Ms. Gougian moved to GRANT a Special Permit at 47 Webster to allow the encroachment of.7 where 30' is required as it will not be substantially more detrimental to the neighborhood, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Glovskv & Glovskv o/b/o Fresh Fields, LLC request a Special Permit to operate an adult-use recreational marijuana establishment, pursuant to Sections 300-91 and 300-122 of the Beverly Zoning Ordinance. This property is located on 350-354 Rantoul Street in the CC zoning district. Miranda Siemasko, Esq. (Glovskv & Glovsky) addressed the Board and requested a continuance to the May meeting to have additional time on design modifications. MOTION: Mr. Battistelli moved to GRANT the requesting to continue the application to the May 26, 2021 meeting. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries Alexander & Femino o/b/o Christine Malone request a Variance to construct a farmer's porch at the front of the house that is 23.6' from the front lot line, where 30' is required. The property is located at 4 Fern Street in the R15 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated this property is located in an R15 zone which requires 15,000 feet of frontage and it has over that. The property itself is set back further than others and it is abutted in the rear by land owned by the Trustees. The applicant is seeking to construct a farmer's porch 26.7'from the layout of Fern Street, the actual pavement is more like 30' away. Three houses in the immediate area have built similar farmer's porches by the same builder. Atty. Alexander stated it is a very attractive design and goes well in this neighborhood. The lot does have an irregular shape and there is only one place that you can locate a porch like this. This Variance could be granted without detriment to the neighborhood. In the signed petition there are 12 neighbors in support including neighbors on either side and across the street. This is a minimal request, it is a little over 5' and it will improve the aesthetics of this house. No one spoke in favor or against. Page 9 of 14 Mr. Andrews stated it's a good night for a porch, there have been a couple tonight and this one will also enhance the house and also match the neighborhood design. Ms. Caldwell stated it's a good community thing to have a front porch. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Andrews seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. MOTION: Mr. Andrews moved to GRANT a Variance for 4 Fern Street to construct a farmer's porch that will be 23.6'from the front lot line where 30' is required due to the shape and the size of the lot creating a hardship, subject to the plans submitted and approval by the Conservation Commission. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Alexander & Femino o/b/o Douglas and Susan Stone request for a Special Permit and a Variance to demolish the legally pre-existing nonconforming single family residence and shed, the single family residence having a side yard setback at its closest point of 6.7' and the shed 5.5' with the new house having a side yard setback of 6.7' on one side and 7.7' on the other, the new shed having the same 5.5' side yard setback. The property is located at 28 Fosters Point in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated this lot is nonconforming as to area and frontage. The lot is 9,065 sq. ft with 32 feet of frontage. It is a triangular shaped lot and it makes it difficult in the front. The rear has coastal bank on the Danvers River. Many lots in the neighborhood have sought and received zoning relief. The new house they are looking to build will be no closer to the setbacks than the existing house and so there will be no more impact to the neighbors. Atty. Alexander referred to the map submitted and noted the small lots and the lot next to this one is also a triangular lot that received almost the exact same zoning relief in 2011. At that time the Board sited the unusual shape of the lot and the proximity to the coast and that is also the case with this lot tonight. Atty. Alexander stated a literal enforcement of the zoning ordinance would result in a hardship and the relief sought would not be a detriment to the public good. This request conforms with the neighborhood. The dimensions of the proposed house would require a minimal Variance. The first floor would have a master suite and the second floor is smaller because there are just 2 modest bedrooms and a bathroom. Every abutter and abutter to abutter has signed the petition in favor of this project. The existing house is dilapidated and needs to be replaced. Brian DeLuiso, 34 Fosters Point stated they are excited about the Stone's joining the neighborhood. Mr. DeLuiso asked if there are plans to further encroach the river or if the existing footprint will be maintained. Page 10 of 14 Bob Griffin,Architect shared the plans and provided an overview. Mr. DeLuiso stated the position of the shed will block neighbor's view corridors. Mr. Griffin stated the shed is necessary due to the absence of storage. Mr. Griffin provided an areal view and showed how the new location will increase site lines. Mr. Frederickson asked for confirmation that this structure will be elevated above the floodplain and Mr. Griffin confirmed. Mr. Andrews stated he is concerned about the height of the building and the overall size of the house. Mr. Battistelli asked if the family room on the left side of the house will have a cathedral ceiling and Mr. Griffin confirmed. Mr. Battistelli stated he is surprised they do have a signature from the house on the left, they are coming close to his property. Mr. Battistelli stated it's an attractive building and people are likely looking forward to seeing something nice there. Mr. Battistelli stated he objects to the statement that the shed closer to the street will open up views. Ms. Gougian stated she is not impressed with the design of the building, it doesn't give a seaside feel. Mr. Battistelli would like the shed pushed towards the property line. Mr.Andrews stated he feels the shed is a smaller issue than the 2-car garage. Ms. Caldwell asked if they even need the shed on this plan, since they can put up a small shed without any permission. Mr. Frederickson stated only up to 100 sq. ft. Atty.Alexander stated the shed is just replacing a shed in the same spot. Mr. Battistelli stated it is not their job to protect everyone's views and Ms. Caldwell agreed. Ms. Gougian asked what height of the current building is and what will the new structure be. Mr. Griffin stated the existing building is about 15.5' and the proposed building will be 27Y high. Atty.Alexander stated the zoning ordinance allows 35'by right. No one spoke in favor against. Mr. Battistelli stated he still thinks the position of the shed is going to block views and that another foot might make a difference. MOTION: Ms. Gougian moved to close the public hearing. Mr. Andrews seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Mr. Battistelli asked if the applicant could move the shed over one foot further away from the lot line. Atty. Alexander asked the applicants and they agreed. Page 11 of 14 MOTION: Ms. Gougian moved to GRANT Variance at 28 Fosters Point to encroach 7.7'to the left side of the property where 15' is required due to the shape and size of the lot creating a hardship, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 4 (Caldwell, Gougian, Battistelli, Levasseur) Votes Opposed: 1 (Andrews) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Special Permit to demolish the existing house and construct a new house within the same right side setback including a shed with a side set back of 6.5', subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. Alexander & Femino o/b/o Ewica Cuccina of Beverly LLC d/b/a REV Kitchen & Bar request a Variance to allow the construction of an awning with retractable sides above the area where currently there is a patio accommodating outdoor dining so s to extend the outdoor dining season. The awning would be 14.5 feet from the front lot line where the zoning ordinance provides for 30 feet. The property is located at 45 Enon Street in the CG district. Atty. Alexander stated there is an existing outdoor patio to accommodate more seating. Due to the pandemic outdoor seating has been extended and so they are seeking to build an awning with retractable sides to go over the existing seating. There won't be additional seating it will just extend the amount of time for outdoor dining. Atty. Alexander stated the relief can be granted without detriment to the public good. This dimensional Variance is minimal because it doesn't change what is being done at that location it just extends the season. A few abutters did sign a petition in favor. This particular property is surrounded on 3 sides by commercial properties and is in a commercial zone. William Welch, 7 Lincoln Street stated during the pandemic the applicant has had options with the City to erect tents for outdoor dining and they never applied. A Variance is permanent. Mr. Welch feels the permit granted to build the patio was granted in error. Mr. Welch stated this awning is a building Paul, 5 Lincoln Street stated he agrees with Mr. Welch's statements. There have been a lot of broken promises. Mr. Battistelli asked the applicant what their plans are for live music. Nick Harron stated they are no different than what they have been approved for. They have normal speakers outside that are permitted by the City. Mr. Harron stated they are not here to make waves or disrupt the neighborhood. The awning with retractable sides will actually dampen the sound. Mr. Harron stated we have a family restaurant and we are just looking to extend our Page 12 of 14 outdoor dining season. They currently close at 9pm and the Planning Board has approved them to have live music until 9pm. Mr. Battistelli stated they are going to have to have a contingency on piped in live music. Mr. Harron stated they have not had live music since the summer of 2018, its not something they do a whole lot of. Ms. Caldwell asked if the live music was outside on the patio or inside and Mr. Harron stated it was outside on the patio. Atty. Alexander stated they are just here about the awning and that Mr. Battistelli's suggestion for a restriction is reasonable. Ms. Caldwell asked for clarification that they are talking about live music or just any music and Mr. Welch stated all music, not just live music. MOTION: Mr. Andrews moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 3 (Gougian, Levasseur,Andrews) Votes opposed: 2 (Caldwell, Battistelli) Motion carries. Ms. Gougian stated they are here about an awning and the Planning Board has already set guidelines and now the abutters here are voicing concerns about noise and she is unsure what the ZBA can impose guidelines on. Mr. Harron stated the patio already exists and seating will not be increased,just the season will be extended. Ms. Caldwell stated the issue with the awning is that they are going to expand their business. Mr. Battistelli stated if there are 10 people outside the piped in music will be at one level but if there are 40 people outside, they will raise the volume. Ms. Caldwell suggested music ends at 9pm during the week and 9:30pm on the weekends. Mr. Battistelli asked Mr. Harron what he would like the contingency to be. Mr. Harron suggested Sunday through Thursday until 9pm and Friday and Saturday until IOpm. for music. Mr. Harron stated his main objective is get approved for the awning. Ms. Caldwell asked Atty. Alexander to address the hardship and Atty.Alexander stated the hardship is the location of the outdoor patio and the ability to provide enhanced outdoor seating. MOTION: Mr. Battistelli moved to GRANT a Variance at 45 Enon Street to allow the construction of an awning with retractable sides over an existing patio to extend outdoor dining season, the awning would be 14.5' from the front lot line where the zoning requires 30', music on this patio will end at 9pm Sunday through Thursday and 1 Opm on Page 13 of 14 Friday and Saturday, the hardship being there is no other location for the patio to go, subject to the plans submitted. Mr. Andrews seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. OTHER BUSINESS Approval of March 24, 2021 ZBA Minutes (Gougian) MOTION: Ms. Gougian moved to approve the ZBA Minutes from the March 24, 2021 meeting as written. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Caldwell, Gougian, Battistelli, Levasseur,Andrews) Motion carries. MOTION: Ms. Gougian moved to adjourn the meeting at 9:45pm. Mr. Andrews seconded the motion. All in favor. Motion carries. Leanna Harris,Administrative Assistant Board of Appeals of the Zoning Ordinance Page 14 of 14