2008-10-28CITY OF BEVERLY
MASSACHUSETTS
PUBLIC MEETING MINUTES
These minutes are not a verbatim transcript of the public hearing or public meeting
of the Board of Appeals. Reviews of the decision or outcome of the public hearing
should include an examination of the Board's Decision for that hearing.
Board: Zoning Board of Appeal
Date: October 28, 2008
Place: Beverly City Hall, Councilor's Chamber, 191 Cabot
Street, Y Floor, 7:00 p. m.
Board Members Present: Full Members: Day Ann Kelley, Chairperson, Scott
Ferguson, and Margaret O'Brien. Alternate
Members: Joel Margolis, Jane Brusca, and Pamela
Gougian. Scott Houseman and Noelle Faris will
be present to vote on Curry Architecture at 9:00
p.m.
Others Present: Building Commissioner /Zoning Officer — Steve
Frederickson and Clerk of the Board -Diane Rogers
Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. She stated
Scott Houseman would Chair and Noelle Faris would vote on the continued case of Curry
Architecture which is located northwest of the intersection of Conant Street and Cherry
Hill Drive. The scheduled time for this proposal will be 9:00 p.m. this evening. She
added that the continued cases from the September 23, 2008 meeting would be heard
first.
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Chairperson Kelley stated that Stephen Drohosky, Vice President - General Manager of
Cummings Properties, wrote a letter October 3, 2008 requesting that the ZBA grant a
second two -year extension of time, through December 7, 2010, for the construction of a
hotel, suites hotel and restaurants at 950 Cummings Center. Mr. Drohosky stated the
original special permit was granted by the Board on November 23, 2004 and filed with
the City Clerk on December 7, 2004. The request was for a special permit under Section
29 -10.C. of the Beverly Zoning Ordinance. Mr. Drohosky added that in addition to
various municipal approvals. This project also required a Chapter 91 Waterways License
from the Massachusetts Department of Environmental Protection ( "DEP "), because the
building will be located on filled tidelands. He commented that Cummings filed a
Chapter 91 Waterways License Application with the DEP on January 7, 2005, but to date
after several telephone and written inquiries by the office, the application is still pending
with DEP. As such, construction has not begun. At the same time, market conditions are
such that an operator for the hotel remains unable to secure.
Chairperson Day Ann Kelley asked if there was anything in writing from the DEP in
reference to the Chapter 91 Waterways License. Mr. Drohosky responded that he did not
have anything in writing from the DEP. He added to date, notwithstanding several
telephone and written inquiries by his office, that the application remains pending.
Kelley stated to the Board that a one -year extension could be offered. The Board
members asked when the construction on the proposed hotel would begin. Mr. Drohosky
responded, that would depend on the market conditions. After due deliberation, the
Board found that Cummings Properties, LLC had demonstrated that "good cause" exists
for the delay in construction use. The Board then voted unanimously to extend the
special permit for a two -year period, with the condition that specific detailed information
from the Department of Environmental Protection be presented to the Board if there is
another extension sought.
181 Elliott Street — 500 Cummings Bldg, Suite 1100, IR Zone, Beverly Commerce
Park Inc.
Variance Request
Not heard
A WAIVER Will be signed and petition continued to the NOVEMBER
25 TH , 2008 MEETING
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8 Princeton Avenue — R -10 Zone — Stephen Picone
Variance Request
Mr. Picone spoke on his own behalf. He stated he was requesting to demolish the
existing one -car garage and breezeway and build a proposed one -story addition to contain
new covered porch, 4- Season room, mud room and attached two -car garage, that
encroaches ten -feet upon the required 15 -feet side yard setback. Mr. Picone stated the
proposed addition would allow the homeowner to reorient the driveway so that it is
accessed from Princeton Avenue, the front of the dwelling rather than from County Way,
which is a one -way street, which restricts the current access to the existing garage. He
added that he had provided the Board with the proposed first floor plan, proposed front
and right side elevations drawings designed by Tiro Design, which is located at 180
Cabot Street. He stated photographs of the front of the dwelling, located on Princeton
Avenue, side, located on County Way, new garage location and view of the rear property
were also provided for review. Mr. Picone stated he must drive his vehicle around the
block to access his existing garage. He added that County Way is a one -way street and
sometimes, backing out of his driveway is a safety concern for himself as well as his
neighbors. Mr. Picone stated he met with his abutters and they reviewed his proposal.
Four letters in support of the proposal were submitted for the Board to review from:
Jeffrey and Deborah Naugler of 6 Princeton Avenue, Mr. & Mrs. Peter Concannon of 12
Princeton Avenue, Peggy Friedland of 5 Princeton Avenue, and Gregory and Kathryn
Kowalski of 1 Dartmouth Street.
Chairperson Kelley asked if any member if the public had any questions or comments
relative to this petition. There being no one present she then asked the Board members
for their questions and comments. Ferguson stated he thought Mr. Picone did a fine job
presenting his proposal. He added that he believed the shape of the lot and the one -way
road is the hardship of this case. Brusca and Margolis concurred.
O'Brien: made a motion to approve the request for a variance at 8 Princeton Avenue to
demolish the existing attached garage and breezeway and to build a one -story addition to
contain new porch, 4- season room, mudroom and attached two -car garage, that
encroaches ten -feet upon the required 15 -feet side yard setback. The hardship is the
shape of the lot and the one -way road that the existing garage accesses on. Brusca moved
that the Board GRANT the application, subject to the plans submitted with the
application are complied with, referred to, and incorporated into, the Board's decision.
The Board made the following findings of fact Per Section 29- 28 -C -2 A.C.D.E. & F.
Seconded by Ferguson. Motion carries 5 — 0. (Kelley, O'Brien, Ferguson, Brusca, and
Margolis in favor)
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45 Cornell Road - R -10 Zone — Gregory Deschenes
Temporary Conditional Permit /Special Permit Request
Mr. Deschenes spoke on his own behalf. He stated he was requesting to allow an
accessory apartment that would accommodate a person (Beverly Hurley, In -law) to live
in proximity to, but with independence from, a relative. He added that originally the
basement was to be finished off for his children. As time evolved though his mother -in-
law lost her job and needed a place to live. Mr. Deschenes stated that he made the
decision to take part of the basement room and let her live with us. He added that he was
sorry for any confusion that this caused. He stated he is hoping that the Board would
allow this proposal so that she can continue to live with the family. A drawing of the
original proposed basement room and the new design of an In -Law apartment were
presented to the Board to review. Photographs of the property were also provided.
Letters were submitted to the Board from Hugh and Louise McKenna of 46 Cornell
Road, and Michael & Sheila Driscoll of 43 Cornell Road in favor of this proposal.
Chairperson Day Ann Kelley asked if anyone from the public would like to comment on
this petition. There being no one present she asked the Board members for their
questions and comments. O'Brien asked if a building permit was obtained for the
construction work Mr. Dechenes responded that he did obtain a building permit for his
construction work. Kelley asked if the proposal meets the setback requirements. Mr.
Deschenes responded that the construction met the front, side, and rear setback
requirements.
O'Brien made a motion to Grant the Temporary Conditional Permit for an accessory
apartment. This approval is subject to substantial compliance, to the extent feasible, with
the drawings provided. Pursuant to Zoning Ordinance Section 29 -24.C, the Temporary
Conditional Permit shall run for a period of 4 years and may be renewed every 4 years
thereafter, by the City Clerk. This temporary Conditional Permit, and any renewal of
said temporary Conditional Permit, shall terminate: (1) upon the death of the designated
occupant; (Beverly Hurley); or (2) upon the change of residence of the designated
occupant; or (3) upon the transfer of ownership of the premises, if such transfer is
unrelated to the issuance of the temporary Conditional Permit; or (4) upon the expiration
of the permit period set forth above. The City Clerk shall notify the Building
Commissioner of any change of occupancy Following termination of said temporary
Conditional Permit, the designated occupant (of the accessory apartment) shall have (90)
days to relocate; the kitchen built as a result of the temporary Conditional Permit shall be
removed by the owner ninety (90) days after the designated occupant leaves. The
dwelling will then revert to a single - family residence. The Board made the following
specific findings related to the request for the special permit factors associated with
granting a variance: (1) that the specific site is an appropriate location for the proposed
use, and that the character of the adjoining uses will not be adversely affected by
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allowing one more person to live in the accessory apartment; (2) that no undue traffic,
nuisance, or unreasonable hazard will result; (3) that adequate and appropriate facilities
such as electricity and city water and sewer currently exist on the parcel; (4) that there are
no valid objections from abutting property owners based on demonstrable fact; and (5)
that adequate and appropriate City services are or will be available for the proposed use.
Seconded by Brusca. Motion carries 5 — 0. (Kelley, O'Brien, Ferguson, Margolis and
Brusca in favor)
11 Rezza Road — R -10 Zone — Kevin and Jennifer Stacey
Section Six Finding Request
Mr. Stacey spoke on his own behalf. He stated he was requesting to allow the proposed
construction of a 2nd story addition, 28 -feet by 48 -feet over existing 1 st floor; and a front
porch, 5 -feet by 22 -feet to replace existing crumbling brick steps that have no railing to
the front door. He added that he would not be expanding beyond the existing footprint of
the dwelling. The proposed front elevation after second floor and attic is built and front
porch addition, were provided for the Board to review. He added that on the existing first
floor plan two bedrooms were to be converted to a family room and office. The proposed
second floor plan was provided. There will be (3) bedrooms, laundry, (2) bathrooms and
a master bedroom. The attic is to be unfinished on the third level. Photographs of the
property were submitted for review. Mr. Stacey said the property was purchased this
August. A petition containing 18 names and addresses in favor of the request were
submitted to the Board for review.
Chairperson Kelley asked if anyone from the public had any questions or comments.
There being no one present she then asked the Board for their questions and comments
regarding the petition. Kelley asked what the frontage of the lot was. Mr. Stacey
responded that he had 100 -feet frontage. Brusca commented that there was plenty of
room on the sides and in the rear for this second story addition proposal. Ferguson and
Margolis had no questions. O'Brien commented that she was in favor of this proposal.
O'Brien made a motion to GRANT the Section Six Finding to allow the construction of a
2nd story addition 28 -feet by 48 -feet over existing 1 st floor; and a front porch, 5 -feet by
22 -feet to replace existing brick steps to front door. The proposed alteration
reconstruction to this single - family residential structure does not increase the non-
conforming nature of said structure, and the proposed alteration - reconstruction will not
be substantially more detrimental than the existing non - conforming structure to the
neighborhood. The Board finds there is support from neighbors based on the petition
submitted. Therefore, I move that the Board grant the application subject to the plans
submitted with the application are complied with, referred to, and incorporated into, the
Board' decision. Seconded by Margolis. Motion carries 5 — 0. (Kelley, O'Brien,
Ferguson, Brusca, and Margolis in favor)
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555 (formerly 567) Hale Street — R -45 Zone — Caleb Loring, III
Modification of a Variance Request
Attorney Mark Glovsky spoke on behalf of the petitioner. He stated he was requesting a
Modification of a Variance dated April 26, 1983, which allowed the conversion of an
accessory building to a dwelling unit. The petitioner requests a proposed single - story,
one bedroom/one bathroom addition containing approximately 430 square feet of floor
area. Mr. Glovsky stated this property is surrounded by Lorings. He introduced Mr. and
Mrs. Loring to the Board. Mr. Glovsky stated that on April 26, 1983 a variance to allow
conversion and use of existing accessory building (detached garage) as a dwelling unit on
the same lot with an existing one - family dwelling at 567 Hale Street was granted. He
added that today, use variances are no longer allowed. Therefore, he is seeking a
modification of the variance of 1983. Mr. Glovsky stated presently there is an open
room above the garage and the Loring's would like to add a one - bedroom one - bathroom
addition. This would allow his grandchildren space to stay overnight. He added that the
garage was 350 feet from Hale Street and would not cause any traffic or noise to the
neighborhood.
Chairperson Kelley asked if anyone from the public would like to comment on this
proposal. There being no one present, she then asked the Board members for their
questions and comments. Board members reviewed the photographs, elevation drawings,
floor plans and cross sections drawn by Gary Tipson. The Board members did not have
any questions.
A motion was made by Bursca to GRANT the modification of the Variance dated April
26, 1983, which allowed the conversion of an accessory building to a dwelling unit.
Petitioner requests a proposed single - story, one bedroom/one bathroom addition
containing approximately 430 square feet of floor area above the existing garage. The
Board finds that the application is subject to the plans submitted with the application are
complied with, referred to, and incorporated into, the Board's decision. The proposed
alteration will not be substantially more detrimental than the existing non - conforming
structure to the neighborhood. Seconded by O'Brien. Motion carries 5 — 0. (Kelley,
Ferguson, O'Brien, Margolis, and Brusca in favor)
CONTINUED CASES:
Withdrew Without Prejudice
2 -4 Vestry Terrace and 21 Vestry Street — RHD Zone — Cormier Realty Trust
Variance Requests
Page 7
Attorney James Sears spoke on behalf of the petitioner. He stated he was requesting the
Board to allow for (1) modification of parking plan submitted for the existing 1982
variance, by relocating six spaces and providing 3 offsite spaces and (2) the size of three
of these parking spaces to have a reduced dimension size of 8 -feet wide by 16 -feet long.
Mr. Sears stated the residential building on 2 -4 Vestry Terrace contained six one -
bedroom units (previously four units) and one single - family home located on 21 Vestry
Street. The property at 2 -4 Vestry Terrace requires 1.5 parking spaces for each of the six
dwelling units in the building, thus requiring a total of nine parking spaces. He added
that this new plan being submitted for the Board's approval is being put forward to
improve the layout and position of parking spaces on the existing plan on record (hand
dated August 20, 1982) and to make the spaces more conforming to setback
requirements. Since this plan is being submitted to correct deficiencies in the 1982 plan,
the petitioners are requesting that the Board allow that the total parking space
requirement of nine spaces per the 1982 requirements of Zoning Ordinance: Chapter 29
Section 29 -25 continue to be permitted for the new plan. Mr. Sears stated this new plan
identifies six of the nine required parking spaces located on 2 -4 Vestry Terrace and
Parcel `A' of the said plan. The remaining three parking spaces are being eased on the
parking lot identified as 130 Cabot Street, which is located within 500 feet of the subject
property. A letter dated August 7, 2008 from Jay Levy Trustee of 130 -140 Cabot Street,
indicated the agreement intent to lease (unsigned) document. He added that these three
leased parking spaces as allowed by Paragraph C. Sentence 1 in the said Ordinance, in
addition to the five on -site parking spaces on Parcel `A' and single parking space on the
2 -4 Vestry Terrace property, fulfill the total parking space requirements for the six -unit
building located on 2 -4 Vestry Terrace. Mr. Sears stated that in order to provide
adequate room for emergency vehicles that may enter the property located at 21 Vestry
Street and to preserve the integrity of that property, the petitioner is hereby requesting a
variance for parking spaces 1, 2, and 3 identified on Parcel `A' of the plan, that each of
the parking spaces be allowed to be sized as eight feet wide by sixteen feet long. Mr.
Sears submitted a letter dated July 22, 2008 containing the "History of Subject
Properties" written by Director/Building Commissioner Steven Frederickson for the
Board to review. Photographs of parking spaces #1,2,3, looking easterly toward 21
Vestry Street and 1, 2, 3,and 4 looking south - westerly, 4 and 5 looking northwesterly
toward 2 -4 Vestry Terrace and space six looking northeasterly (2 -4 Vestry Terrace on
left) were provided for the Board to review. Chairperson Day Ann Kelley asked if
anyone from the public had any questions or comments. Harry Coffee, Jr. and his wife
Nancy owners of 23 Vestry Street stated the street is one -car wide. He submitted
photographs of the properties. He asked where the hardship was relative to this case. He
commented the parking should be located upon 2 -4 Vestry Street and 21 Vestry Terrace,
which, was on the original plan. Thomas Walsh of 25 Vestry Street commented that
parking in the winter is even worse in that area. He stated he is concerned for the entire
neighborhood. He is of the opinion that (3) leased parking spaces down the street would
cause more problems. The leased parking space drivers would pull up to the residence
"just for a minute" and take the space away from the resident that occupies it. Robert
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Nelson owner of 24 Vestry Street sent a letter dated October 28, 2008 stating he would be
in favor of any proposal that would help alleviate the tight parking problem that exists in
the neighborhood, but the proposal would have to be guaranteed in perpetuity. He also
questioned the basis of the hardship in this proposal.
Attorney Sears stated he would agree to install a fence. He then presented letters in favor
of this proposal from the following: Jay Levy 145 Cabot Street who agreed to lease (3)
parking spaces for $1,800 a year on his lot. Mardee Goldberg of 16 Broadway, Mr.
Tannebring, 32 Broadway, Roberta Wallace of 2 Vestry Terrace, Hilary McKinnon of 4
Vestry Terrace, Kim "Cavesky of 4 Vestry Terrace, Dianne Belisle of 4 Elm Street,
Dan/Dale Acciavatti and Anthony Maczura of 4 -6 Vestry Street.
Chairperson Kelley then asked the Board for their questions and comments. Kelley
stated that the parking requirements presently are two -cars per unit. Margolis stated that
to have (3) vehicles leasing parking spaces on Cabot Street could create problems. He
questioned what would happen when the lease ran out, the parking would have to go back
to the way it was. Mr. Kevin Cormier stated Mr. Levey would continue the lease. Kelley
questioned the ownership of the land and converting it to 2 -4 Vestry Street. O'Brien
asked if anyone could park up top? The response was that in the winter months the snow
is another issue. Kelley stated this proposal is requesting a variance. She is of the
opinion this is not a unique situation, which, is part of the criteria for obtaining a
variance. Brusca stated no hardship has been proven to her. The petitioner is trying to
square off one lot to sell. She is of the opinion it is not the Board's job to facilitate the
separation of lots.
Attorney Sears then requested that the Board allow him to withdraw without prejudice his
petition. After a discussion Ferguson made a motion to allow Attorney Sears to withdraw
without prejudice the Cormier Realty Trust petition at 2 -4 Vestry Street and 21 Vestry
Terrace. Seconded by Margolis. Motioned carried 5 — 0. (Kelley, Ferguson, O'Brien,
Brusca, and Margolis in favor)
29 -Rear West Street — CN Zone — Todd F. & Deborah Michaud
Modify and Expand a Variance
Attorney Thomas Alexander spoke on behalf of the petitioners. He stated the request was
to modify and expand a variance granted January 24, 1977 to substitute the use allowed,
operate a foreign auto repair service, with the use "operate a motor vehicle repair service"
and to remove the existing sheds and stairs at the rear of the building and replace them
with a one -story peaked roof addition of 28.5 -feet by 91.3 -feet encroaching 5.5 -feet upon
one side yard setback, 9.4 -feet upon the other side setback, and 24.67 in the rear yard
setback. The use of the addition would also be to "operate a motor vehicle repair
service ". Mr. Alexander stated this petition has been continued since August 26, 2008
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but not heard. A variance application was withdrawn without prejudice on April 26,
2005 to build a 28 -feet by 63 -feet one -story addition that would expand the auto repair
shop by more than 25 %. The original Variance to operate a foreign auto repair service
with a class two, used car dealers license, excluding the display of cars for sale, was
submitted to the Board to review. A site plan, proposed addition, and various elevations
drawings were prepared by George J. Zambouras, dated June 24, 2008. Mr. Alexander
stated the petitioner purchased some land in the rear of the property from the B & M
Railroad. This would provide a second entrance in the rear of the property for
commercial vehicles to enter and be parked inside the new proposed bays, which would
be constructed in the building. Mr. Alexander submitted a "site history" document for
the Board to review. He stated that this is the CN Zone (neighborhood commercial) and
the present building was built in 1960. In December 1923 Samuel Knight & Sons Co.
constructed a 32 x 56 x 56 wood storage building. In June of 1957 a new masonry
building 40 by 40 x 30 (contractors garage) was granted.
Mr. Alexander read into record the letter written from the Beverly Farms Improvement
Society. They acknowledged their full support for Mr. Michaud's variance request.
Wendy A. Drinkwater, President of BFIS stated that the proposed architectural plans will
aesthetically improve the existing building and that the new garage bays will provide
blockage from a segment of the train and tracks, and to some extent, serve as an
additional noise buffer for abutters. A letter dated August 25, 2008 from Cassandra R.
Smith of 37A West Street was in favor of the petition. A second letter dated September
22, 2008 from Kevin D. Monahan and Susan E. Monahan stated they had reviewed the
proposed plans and that they support the Michaud's application to modify the variance.
Mr. Alexander stated because of the shape of the lot, it made sense to shift the new bays
in the rear of the property away from the residences. This building does not have
frontage on West Street. Currently, traffic flows through a congested area of commercial
and residential abutters by redirecting traffic to the newly installed private drive in the
rear of the building abutting only the railroad track. Mr. Alexander added that the
conditions have been met for Section 29- 28 -C2.
Chairperson Kelley asked if anyone from the public was in favor to this proposal. Steve
Brown of 29 -R West Street, Mark Solomon of 37 West Street, and Jeff Lawler of 114
Hart Street were in favor of this proposal.
A petition was submitted to the Board from Attorney King specifying the neighbor's
names and addresses who were opposed to this proposal. He stated the names on the
petition were residents of the condominiums. Mr. King also submitted photographs of
large trucks parked waiting to be repaired in the front of this business.
He added that the issue is not automobile repair anymore it is truck repair, which is not
allowed. He also asked what the hardship was on this proposal.
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Chairperson Kelley then asked the Board members for their questions and comments.
Margolis asked if the trucks due for repairs would be put in the new space if this proposal
were granted. Mr. Michaud responded the trucks would enter from the new driveway in
the rear and be brought into the proposed new addition. He added that his truck clients
never parked on the condominium parking area. Kelley asked why the addition had to
be so large. Mr. Alexander responded that Mr. Michaud is planning on taking the
vehicles out front and having them park in the rear. He added that there would be no
more repairs to vehicles out side of the building. Kelley asked if a buffer zone could be
installed by the condominiums? Ferguson stated he had no questions at this time. Brusca
reviewed the photographs of the trucks and commented that they were not parked on the
condo side of the building. She asked could a restriction be placed in the decision that
"no parking or servicing would be done on the condominium side "? Kelley stated she
often walks by Mr. Michaud's business and realizes that he is trying to improve his
property and alleviate the stress of the condominium residents. She added she was in
favor of this application but felt restrictions should be placed upon the decision. After a
discussion between the Board members Ferguson stated he was ready to make a motion.
Motion to GRANT the request to modify and expand a variance granted January 24, 1977
to substitute the use allowed, operate a foreign auto repair service, with the use "operate a
motor vehicle repair service ", and to remove the existing sheds and stairs at the rear of
the building and replace with a one -story peaked roof addition of 28.5 -feet by 91.3 -feet
encroaching 5.5 -feet upon one side yard setback, 9.4 -feet upon the other side setback, and
24.67 in the rear yard setback. The use of the addition would also be to "operate a motor
vehicle repair service" with the following conditions:
1. That no trucks park in the north side of the business.
2. That six vehicles be the maximum parked on the north side of the building.
3. That there will be no outside repairs done on the north side of the building.
4. That hedge plantings and vegetation be planted along the public parking area
and a screen of arborvitae on the west side of the property. This will create
a screen between the property and the adjacent town parking lot.
5. Subject to the plans submitted with the application are complied with, referred to,
and incorporated into, the Board's decision along with the letters and
photographs submitted.
Seconded by O'Brien. Motion carries 5 — 0. (Kelley, O'Brien, Ferguson, Margolis,
and Brusca in favor)
Mark Glovsky requested to WITHDRAW WITHOUT PREJUDICE
NW of intersection of Conant Street and Cherry Hill Drive — IR Zone —
Curry Architecture — Special Permit Request
Page 11
Attorney Mark Glovsky stated in a letter to the Board dated October 28, 2008 that in light
of the imminent change in the membership of the Board and the need for submission of
additional information, it has been determined that it would be appropriate to withdraw
the Application of his client, "Curry Architecture ", without prejudice. Mr. Glovsky
stated a new filing would be made in the near future. Ms. Kathy Faulk, representative
of the direct abutters stated she had raised objections. She added that she had attended
four hearings in 5 '/z months. Ms. Faulk commented that Curry Architecture had asked
specifically for 30 more days to gather information and tonight that time was up. She
asked the Board not to allow the petitioner to withdraw without prejudice because this is
the wrong project for this site. Mr. Glovsky stated that he had not been included with all
the discussions relative to this proposal.
O'Brien: Motion to allow Curry Architecture to withdraw without prejudice their
application. Seconded by Margolis. Motion carried 5 — 0. (Houseman, Ferguson,
O'Brien, Brusca, and Margolis voting in favor) Brusca commented that there should be
more substantial changes in the new proposal.