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ZBA Minutes 9.23.2020 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. • This meeting is being recorded and by participating you are giving your consent. 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. 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City of Beverly Zoning Board of Appeals September 23, 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, Jim Levasseur, Margaret O'Brien, alt, Members Absent: Kevin Andrews, alt. Stefano Basso, alt. Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: Google Meet 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 L NEW PUBLIC HEARINGS A. Pier Ann Petronzio In a petition for a request for a Special Permit to allow an accessory apartment in a proposed rear 1-story addition. Addition will comply with all setback requirements. The property is located at 2 Greenleaf Drive in the R15 zoning district. Pier Ann Petronzio addressed the Board and stated they have been in the house since February 13, 1970 and would like to construct an 891 sq. ft. addition to be used as an in-law apartment Ms. Petronzio stated she will be living in the in-law apartment and her three children will reside in the existing structure. No one spoke in favor or against. Mr. Margolis stated for the record this in-law is to be used strictly by a family member and any future owner will have to come before this Board to use as an in-law again. Page 2 of 14 MOTION: Mr. Battistelli moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Battistelli moved to GRANT the Special Permit at 2 Greenleaf Avenue to allow an accessory apartment in a proposed rear 1-story addition to be used by Pier Ann Petronzio, subject to the plans submitted. Second by Mr. Levasseur. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Jeremy Cutler and Elizabeth Cohen In a petition for a request for a Variance to construct an addition with a left side setback of 12'8" where 15' is required. The property is located at 12 Odell Avenue in the R10 zoning district. Bethany Giblin,Architect addressed the Board and stated they are requesting a Variance for a small addition to the southern side of the house for an interior mudroom. It would be built on an existing landing and stairs and not going any further into the current set back but minimally expanded back. Ms. Giblin stated the lot is restrictive due to the existing structure and it is already nonconforming on the northerly side. They are looking to have a spot to deal with snow and rain that is right off the driveway. This is the most cost-effective way to do this because they are using an existing landing. They have a letter in support from 10 Odell Avenue that was submitted with the original application. This addition is common for this neighborhood. Aesthetically they will be matching the look of the existing home keeping the same siding and colors. Mr. Margolis requested the hardship be summarized and Ms. Giblin stated the lot size is very skinny and the existing building basically goes from the side setback well into the setback on the other side and so it is already nonconforming when looking at the building and lot as a whole. No one spoke in favor or against. Ms. Caldwell complimented the presenter and stated the drawings were very clear and the work is very tastefully. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 3 of 14 MOTION: Mr. Levasseur moved to GRANT a Variance at 12 Odell Avenue to construct a mudroom addition with a left side setback of 12'8", where 15' is required, the hardship is the size and shape of the lot, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. C. Jamie Scialdone In a petition for a request for a Variance to construct rear 2-story addition to existing nonconforming house with a left setback of 5.3', where 15 is required. Addition will exceed 25%. The property is located at 7 Arlington Avenue in the R10 zoning district. Jamie and Roy Scialdone addressed the Board and stated they are looking to construct a rear addition to their nonconforming home extending out 16 feet keeping the same width of the current home. They have lived in the home since September 2015 and their family has grown and they would like to make the home more practical for their family. The yard is long and narrow and so this is the only reasonable place for them to expand. The lot size is an odd L- shape. They are looking to keep with the style of the neighborhood. The Scialdones' stated they have spoken with several neighbors and have submitted letters in favor. Benjamin Roy, 12 Arlington Avenue stated he is in favor of the project, they have a double lot that runs front to back. This proposed addition makes no changes to the front of the house, there is no accessory dwelling units or additional people, no new curb cuts and it is not visible from the street. Eric Fowler, Puritan Road stated he lives at behind the applicants and he opposes this request. It does not fit in with the neighborhood and the size of the addition could have an adverse effect on property value. Mary Ellen and Brian McNeil, 106 Dodge Street, oppose this request. Ms. McNeil stated she is teaching remotely in her home and already experiencing unbelievable noise from construction at 107 Dodge Street that greatly impacts her teaching. Megan Wilson, 4 Puritan Road stated she is directly behind their house and opposes this request because her real estate agent said it will lower her property value and the addition will be too close to her house. Ms. Gougian stated by looking at the plans it looks like they are increasing the square footage almost two times and asked what actually percentage of volume increase is. Mr. Margolis asked Mr. Frederickson if he could determine the volume increase based on the plans and Mr. Frederickson stated based on the plot plan, he would guess a 2/3 increase. Page 4 of 14 Ms. Gougian asked if the existing shed will remain and Ms. Scialdone stated if it has to be moved, they can do that. Ms. Gougian asked how far from the back of the house the shed is and Ms. Scialdone stated she would guess 40'. Mr. Frederickson stated he did a quick calculation and they are increasing about 72%. Ms. Caldwell stated looking at the plans there is a long tail of property that goes back to Puritan Road but nothing will be built in that area so it would still give people that space in between. Ms. Caldwell stated she appreciates the comments regarding property values being adversely affected but stated she can't see an addition like being a negative, she sees it as a positive. Larger houses are valued more. Mr. Margolis asked Ms. Scialdone to clarify the hardship and Ms. Scialdone stated the hardship is that the shape of the lot and the existing home make this the only place to expand. MOTION: Ms. Caldwell moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell move to GRANT a Variance at 7 Arlington Avenue to construct a rear 2-story addition to existing nonconforming house with a left setback of 5.3, where 15' is required, the addition will exceed the 25% rule, the hardship is the shape of the lot and the position of the existing structure, subject to the plans submitted. Mr. Levasseur seconded the Motion. On the Motion: Mr. Battistelli asked the Board members why they would be in favor or not in favor. Ms. Caldwell stated she didn't believe the oppositions were enough of a reason to not move forward. Mr. Margolis stated he also agrees that it will not have an adverse effect on Puritan Road home values. Mr. Battistelli stated he is concerned that it takes up so much of the lot but he does not believe that it will adversely affect abutter property values. Mr. Battistelli would have liked to see it smaller and Ms. Gougian agreed. Votes in favor: 4-1 (Margolis, Caldwell, Gougian, Levasseur) Opposed: Battistelli Motion carries. D. Alexander & Femino o/b/o Ann Trask and Nancy Saliewicz In a petition for a request for a Finding to convey a triangular shaped sliver of land having an area of 72 sq. ft. to their abutters (Bret and Kristin Marciano) on a legal pre-existing lot so as to accommodate the location of a long existing and inadvertent encroachment of abutters steps and entry to their property. The property is located at 9 Gary Avenue in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) stated there is an existing encroachment that is Page 5 of 14 shown fairly well on the photos supplied with the application. This is being done by the owner with the encroachment so the subject abutter can have actual access to their property. The owners are seeking to make a small division of their pre-existing lot. The sliver of land would be triangular piece 4'x 36' (72 sq. ft). This is a minimal finding they are requesting to make what has been going on in practice, legal. The abutters are all in favor. It would have no impact on the neighborhood, it would allow the owner of the subject property and the abutter to have a situation that is in accordance with the law. No one spoke in favor or against. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Finding at 9 Gary Avenue to reduce a legally pre-existing, nonconforming lot so as to convey a triangular shaped sliver of land having an area of 72 sq. ft to their abutters, finding this reduction is not substantially more detrimental to the neighborhood, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. E. Alexander & Femino o/b/o Joseph and Hanna Grasso In a petition for a request for a Special Permit to add a second floor to an existing nonconforming dwelling with a left side setback of 12.8', where 15' is required. Addition will be no closer to side lot line than the existing structure. The property is located at 35 Jordan Street in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) stated he is here on behalf of the owners. This district requires 10,000 sq, ft of lot area and a 100'of frontage. Almost all of the lots in the neighborhood have less than the required lot area and frontage. The existing house is a 1 '/z story cape and they are looking to put a full second story on the home. The footprint would not change, it would allow the family more adequate living space. This addition is keeping with the style of the neighborhood, many of the homes in the area have a full second floor. It is harmony with the zoning ordinance, it is a continued single family use and it is an appropriate location. It won't adversely affect the neighbors. It will allow for this house to be brought up to current building and health codes. There are adequate public facilities servicing this home and street. Immediate abutters have signed in favor of this request. No one spoke in favor or in opposition. Page 6 of 14 Mr. Margolis stated other houses in the area have done the same thing. Ms. Caldwell stated she does not have a problem with it, but the windows in the drawing look a little small. Ms. Gougian agreed. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Caldwell seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Special Permit at 35 Jordan Street to construct a second floor addition to existing nonconforming dwelling with a left side setback of 12.8, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. F. Alexander & Femino o/b/o Charles E. Harris, Trustee of Ocean View Realty Trust In a petition for a request for a Special Permit to allow the construction of a new free standing carriage house/cabana that is 22' in height, where 15' is permitted and to allow the proposed free standing carriage house/cabana to be the third accessory building on the lot. The property is located at 9 Ober Street in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) stated he represents the owners. This lot is extremely large for this zoning district, it is 1.92 acres, which is 8 times larger than what is required in R10. The area where they are looking to build the garage/cabana is a wider part of the lot. The neighbor at 7 Ober Street who shares a long lot line and the most effected has submitted a letter in support that also states their appreciation of the owner taking them through the plans. Atty. Alexander stated he submitted a petition signed by 26 neighbors and everyone directly abutting, except for one abutter who was away, is in favor. This is very much in keeping with this neighborhood. It is an attractive design and the architects are present if there are any design questions. There is a garage at the front of the property used by Mr. Harris'father who occupies the abutting property. This request is in harmony with the zoning ordinance, it's on a very large lot, it does not negatively impact the neighbors, this is an appropriate location for this use, it will not adversely affect the neighborhood. There is adequate municipal facilities and parking on site. No one spoke in favor or against. Mr. Margolis asked Atty. Alexander to confirm that this is will not be living space. Atty. Alexander confirmed and stated there is no kitchen. Mr. Battistelli stated they should put a condition in the Motion. Ms. Gougian asked if there is a bathroom and a second floor and Atty. Alexander confirmed. Page 7 of 14 Patrick Ahearn,Architect stated the first floor will be a garage and the second floor will be used by Mr. Harris as an office. There will be a bathroom on the second floor. Ms. Caldwell stated this is the third accessory building, the garage out front is the first accessory building and asked what the second accessory building is. Atty.Alexander stated there is a shed out back and pointed it out on the plot plan submitted. Ms. Caldwell stated the design is tasteful and she is happy to see the support of the neighbors. Mr. Margolis agreed. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Caldwell seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Battistelli stated he would like the Motion to specify that there won't be a kitchen. MOTION: Ms. Gougian moved to GRANT a Special Permit at 9 Ober Street to construct a new freestanding carriage house/cabana that is 22' in height, where 15' is permitted and to allow the proposed free standing carriage house/cabana to be the third accessory building on the lot where the zoning ordinance provides for two, the plans do not include a kitchen and if a kitchen is desired they would have to come back before the Board, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. G. Neil Zarkades In a petition for a 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. Carl Dumas (Kneeland Construction) addressed the Board and stated the Zarkades family are life long residents of Beverly. They are looking to create a 2-story colonial style home that will be built directly over the main house. There are many colonials in the neighborhood and it will not be detrimental to the neighborhood. The house was built in the 50s-60s and it is a nonconforming lot. This lot would be perfect for a Variance because it is built into ledge, half of the basement is ledge as well as a large portion of the back yard. Mr. Zarkades stated they have lived here for thirteen years and have talked about this project for several years. There is a front porch that will not be extended any further forward, it would be stretched to the other side of the house as shown on the plot plan. No one spoke in favor or against. Page 8 of 14 Mr. Battistelli stated he thinks it will look terrific. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Caldwell seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Special Permit at 8 Sylvan Road 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, subject to the plans submitted. Ms. Caldwell seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. H. Julie Tsakir2is In a petition for a request for a Variance to construct a 1-story, 4' x 10'-6" addition to the front of house, with a 16.8' front setback where 20' is required and a special permit for a right side yard setback of 57 where 15' is required. Garage is to be no closer to right side lot line than existing structure Also, a Special Permit to add a 2nd floor to an existing nonconforming dwelling with a right side setback of 57 and a left side setback of 10.8' where 15' is required, to add a roofed landing and steps with a left side setback of 5.9' where 15' is required, and a rear deck with a left side setback of 14.9' and a right side setback of 9.9' where 15' is required. The property is located at 16 Fosters Point in the R10 zoning district. Julie Tsakiris addressed the Board and stated the existing home is a 1-story wood structure and she is looking to add a second story, garage and increase the deck. The second story would keep with the perimeter of the house and it would conform to the houses in the area. Ms. Tsakiris stated it is a one bedroom home right now and she needs more space. Ms. Tsakiris stated Conservation has approved the expansion of the deck and the garage. Mr. Margolis asked that Ms. Tsakiris specify the hardship for the Variance. Mr. Frederickson stated the Variance is for the garage and the Special Permit is for the second story, side entry and the deck. No one spoke in favor or against. Ms. Gougian asked if she has any signatures from neighbors and Ms. Tsakiris stated she doesn't but she has spoken with them. Mr. Margolis stated they can't be considered unless it is in writing. Ms. Gougian asked for Ms. Tsakiris to further address the hardship for a Variance and stated it Page 9 of 14 has to be specific to the land or the building. Ms. O'Brien stated the Variance is only for 4' for the garage. In that neighborhood, there is no parking. Ms. Tsakiris stated she is taking space away from the house to build the garage. Ms. Caldwell stated it is a modest proposal and Mr. Margolis agreed. Ms. Gougian asked what the height of the house will be and Mr. Frederickson stated the plans show 32'to the ridge. Mr. Battistelli stated the plans are not specific enough, they are not buildable plans, there are no dimensions. Ms. Tsakiris stated she has existing and proposed plans with dimensions. MOTION: Ms. Caldwell moved to close the public hearing. Mr. Levasseur second the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Battistelli stated he is concerned that the plans aren't specific enough and a builder could do what they want. Mr. Frederickson stated there are complete plans with elevations. MOTION: Ms. Caldwell moved to GRANT a Variance at 16 Fosters Point to construct a 1-story, 4' x 10'-6" addition to the front of house, with a 16.8' front setback where 20' is required based on the size and shape of the lot and the location of the existing structure, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT a Special Permit at 16 Fosters Point for a right side yard setback of 57 where 15' is required and to add a 2nd floor to an existing nonconforming dwelling with a right side setback of 57 and a left side setback of 10.8' where 15' is required, to add a roofed landing and steps with a left side setback of 5.9' where 15' is required, and a rear deck with a left side setback of 14.9' and a right side setback of 9.9', with a finding that the plans are 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, Levasseur) Motion carries. IL CONTINUED PUBLIC HEARING A. Handle & 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. Page 10 of 14 Mr. Levasseur recused himself. Marshall Handly, Esq. (Handly & Cox) addressed the Board and stated today they completed the submission of all that is required by the Zoning Ordinance with the exception of the Security Plan. The Security Plan has been submitted to the Police Chief and he has worked with their consultant on the plan but he asks the Board's that it not be made part of the public record for obvious reasons. Ms. Caldwell asked if it is possible for the Police Chief to provide them with a letter indicating that he has received it and approved it. Atty. Handly stated they are here tonight with expert staffing prepared to answer questions the Board might have but he believes a decision on the application needs to be deferred until they receive written responses from each Department Head required to review. This is a first pass by anyone under this ordinance. They went through a year long vetting process with the Mayor and the Planning Department before they received the Host Community Agreement from the City. They went through a similar process with the Cannabis Control Commission. Atty. Handly stated in the package the Board has every one of the required submissions except for the required Department Head responses. They have also gone through required community outreach meetings where they have laid out the plans for this facility and have incorporated public comment into their program prior to the issuance of the Host Community Agreement and prior to the Cannabis Control Commission license. Atty. Handly stated what is left for this Board under the Ordinance is simply a matter of checking the boxes to make sure they have submitted everything. Mr. Margolis stated he is hopefully, being this is their first experience with this that they can check the same boxes. Atty. Handly stated the Planning Department has provided a checklist. This is a commercial building in the CG district and they aren't making any changes to the exterior of the building. It is appropriately zoned for this. Atty. Handly stated an Emergency Response Plan has been submitted to the Fire Department and they are awaiting their written response. This facility is dealing entirely with prepackaged products that leave the facility in the packages they arrive in. There is no opening of packages or consumption on site and so there is nothing to generate odors. Parking and Transportation has been included with the materials submitted. Jim Levasseur (abutter) stated he lives close to this location and he drives in the traffic on Enon Street and Dodge Street. It is difficult to believe that there wouldn't be an increase in traffic. There are going to be people coming from surrounding towns and the train station is also right there. Mr. Levasseur stated Lake View and Pershing will become a cut through and traffic will increase. Page 11 of 14 Atty. Handly stated an extensive traffic analysis was conducted and there are mitigation options if traffic does increase. The locations have been identified by the City, not the applicants. Locations include Rantoul Street, Cabot Street, Enon Street. The larger commercial thoroughfares are really the only places that have been identified by the City in the Ordinance as permissible locations for this. Atty. Handly stated with Covid, the use of this facility is going to be driven by appointment and not by massing. The access is going to be limited and in the proposal submitted, it was identified should traffic become an issue there are mitigation options. Atty. Handly stated this is an important source of revenue. The Host Community Agreement outlines the tax increases for the City are substantial and the revenues are going to become important, delay is costly. Ms. Caldwell stated the Host Community Agreement gives the City the control to specify appointment only and has been effective in managing crowds. Ms. Caldwell asked if deliveries if they will be in the rear of the plaza and how often will there be delivery vehicles for the business in addition to customer traffic. Joe Giannino stated it has been a dynamic process conducted by City during their vetting process. A lot of the feedback was incorporated into their plans. Mr. Giannino stated they are building out their website to have a very robust online ordering system and they are planning to have points in their building for folks to come in very quickly and pick up their orders. As the number of stores open increase, the general numbers of people coming to one location as a destination diminishes. It is their strong intention to not be ignorant to the fact that there could be in influx of people and traffic and so they have done what they can to mitigate that. Generally speaking, the time someone walks in and leaves with their products is approximately eight minutes. Mr. Giannino stated deliveries are also included in their Security Plan. Products will be delivered in a nondescript vehicle arriving at random times during the day, possibly two or three times each week. The retail facility requires two unarmed security personnel. The City sets the hours, we do not. This is a 5-year license, it is not permanent. The City has the absolute ability to tell us to pack our bags and unlike other facilities there are a lot more hoops they have had to jump through to get where they are. Mr. Battistelli asked if they would be expected to vote on this without knowing their hours of operation and will they be open on Sundays. Mr. Giannino stated their hours mirror other retail spaces in the area and they would like to be open on Sundays. Mr. Battistelli stated he would be very against a Special Permit to allow any signage size that is larger than what the Ordinance allows. Ms. Caldwell stated the Cannibis Control Commission has very strict signage guidelines. Ms. Gougian stated typically the Board has authority to govern when deliveries happen and questioned if that is not the case. Atty. Handly stated the deliveries are so small and infrequent that they would be better controlled by the Security Agreement. Ms. O'Brien stated she is wondering if what Atty. Handly is presenting to us and with what the City and Commission has determined that this Board just needs to confirm the six criteria for a Special Permit are met and Atty. Handly confirmed. Page 12 of 14 Mr. Levasseur stated the hours they have listed are M-F until IOpm and Saturday and Sunday until l 1pm. Mr. Giannino stated the Mayor was not in favor of those hours and he is sure they have been scaled back. Ms. O'Brien stated she is wondering if they can pass the Special Permit tonight without having approvals from the Department Heads and Atty. Handly stated that would not be appropriate. Jeffrey Dirk, Traffic Consultant discussed the traffic study that reviews new traffic and parking demands in the area. The report basically states delays will increase by a matter of seconds and ques will go up by a vehicle or two. Traffic is dispersed as it arrives on site. Ms. Caldwell stated the Board of Appeals can set conditions on the Special Permit as long as they are not in conflict with the City or the CCC. Mike Allen, Chief of Security stated reviews were done by the Fire Chief and the Chief of Police. Back in August the Chief of Police gave notification that they have reviewed everything. On the 13'h of August he had email correspondence from the Fire Department that he had sent favorable notification to the Board as well. MOTION: Ms. Caldwell moved to continue the discussion of the Special Permit for Greenhouse Naturals, LLC, subject to signing the Waiver and Agreement to the October 23, 2020 meeting. Ms. O'Brien seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries III. EXTENSION REQUEST A. Glovskv & Glovskv on behalf of L. Jeff Ha2meier and Mark Phillips Original Request 11.29.2016: In a petition for a request for a Variance and a Finding that the proposed alterations to the pre-existing nonconforming single family residence and the construction of an accessory garage will not be substantially more detrimental to the neighborhood than the existing nonconforming home and a variance to build an accessory structure in the front yard and to exceed the maximum accessory structure height. The property is located at 121 Valley Street in the R45 zoning district. Mike Dissette, Esq. (Glovskv & Glovsky)requested a 12-month extension from October 2020 and stated the Declaration of the Emergency delayed everything. MOTION: Mr. Battistelli moved to accept the request for a 12-month extension of the Special Permit/Finding at 121 Valley Street to October 31, 2021. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries Page 13 of 14 IV. OTHER BUSINESS Approval of August 26, 2020 ZBA Minutes (Battistelli) MOTION: Mr. Battistelli moved to approve the Minutes from the August 26, 2020 meeting Minutes, as written. Ms. O'Brien seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries MOTION: Mr. Margolis move to adjourn the meeting at 10:05 pm. Second by Ms. Caldwell. All in favor. Motion carries. Leanna Harris,Administrative Assistant Board of Appeals of the Zoning Ordinance Page 14 of 14