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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: rb 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. Ensuring public access does not ensure public participation unless such participating is required by law. This meeting may feature public comment. For this meeting, the Zoning Board of Appeals is convening by telephone and video conference via Google Hangouts as posted on the City's website identifying how the public may join. Please note that this meeting is being recorded and televised live, and that some attendees are participating by video conference. Accordingly, please be aware that other participants or viewers may be able to see and hear you, and anything that you broadcast may be captured by the recording. You have the option to turn off your video if you are participating via computer. All participants uld keep their microphones or phones muted unless recognized by the Chair to re 'ackground noise and feedback. Please wait until the person speaking has finished be eaking so we can clearly hear all participants. Meetin Mater' Supporting materials that have been provided to me 'of this body are ble from the Building Department. Please contact Building In r Steve Frederickson uest supporting materials. The public is encouraged low along ng the poste da unless the Chair notes otherwise. Ground We are now turning to the first item o da. Befor do so, I will cover some ground rules for effective and clear conduct o x" r and to e accurate meeting minutes. • The Chair will intr ch speak n e 0 r they conclude their remarks, the Chair will i oa mbers t de any co ent, questions, or motions. o Pleas ember to e your e or computer when you are not speaking. o You mute you or be mu y the meeting host by clicking the microp mut re g the mute button on your telephone, or by ing * telepd. ery Chat function for technical difficulties and not for public Comm j/////j// o Pleas ere der to k clearly and in a way that helps generate accurate NM j • Fo M response pl state your name and affiliation before speaking. • Regar% ublic c ent: o A e have spoken, the Chair will afford public comment as follows: ■ X hair will first ask members of the public who wish to speak to i entify their names and addresses only; ■ One the Chari has a list of all public commentators, I will call on each by name and afford 3 minutes for any comments. • For those individuals present in person,please take care to speak loudly and clearly so the microphone associated with the webcam or telephone can effectively broadcast your comments to those participating remotely. • Finally, each vote taken at this meeting will be conducted by a roll call vote. 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 O///� 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. ...........t� 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.