ZBA Minutes 7 27 2017 (2)a N� lib _
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Lola Eanes, 28R Putman Street stated when they looked into the process of putting solar panels
on their property they conferred with Mr. Servizio the whole time. Mrs. Eanes stated that Mr.
Servizio viewed a similar solar panel tracker at a friend's house prior to the Eanes installing
theirs and he had commented that it didn't look so bad as long as it wasn't in front of his front
door. Mrs. Eanes stated she had told Mr. Servizio that was not their intention and he stated that
if it was across from his driveway he wouldn't have an issue with it. Mrs. Eanes stated after it
was installed, Mr. Servizio stirred things up in the neighborhood and got the Building
Commissioner involved. The Eanes had a full survey conducted at their expense and had to
reduce their plans by four panels which reduced the capacity of the panels. Mrs. Eanes stated
they complied with everything the City required them to do, they adhered to the zoning
regulations. Mrs. Eanes stated there are over 800 houses in Beverly with 30+ roof mounted solar
panels and they only have 20 panels. The panels do rotate very slowly and are located 100' back
from the street.
Mr. Servizio stated Mrs. Eanes claims are untrue and what they told them they were going to do
is not what they did. Mr. Servizio stated he complained to Mrs. Eanes that the panels were 12' —
16' high and asked why they couldn't put them on their roofs or on the other side of their house.
Laurel Stevens, 31 Putnam Street Mrs. Stevens addressed the Board and distributed photos
showing what she looks at from her front windows. Ms. Stevens is located opposite the Eanes
driveway. Ms. Stevens stated she did sign a letter opposing the solar panels, along with other
neighbors right before they were installed.
Mary Downing, 40 Putnam Street Ms. Downing stated they knew this was happening in
November. Ms. Downing stated she sent out a letter to all the neighbors including the Mayor
and requested they be notified when the permit was pulled so they could have their input heard.
Ms. Downing stated they had several concerns regarding noise and glare and were just looking
for more information, however, they received no response. They consulted a lawyer who stated it
was acceptable but through research of the bylaws and learned the neighbors can't put any trees
up or other buildings that would interfere with the sun received by that solar array.
William and Christine Soares, 26 Putnam Street Mrs. Soares stated they have arborvitae
growing but they do not block out the view of the panel. They are direct abutters and were not
notified that this was going up. They had their property assessed and its value has diminished
due to the structure. The solar structure is so large, it is visible from the street and doesn't look
like it is attached to the property. Mr. Soares showed the Board several pictures and stated it is
closer to six abutters than to the residence it supplies. Mr. Soares stated there is a device on top
that swirls around and flashes light into his yard.
Mehmet Aktas, 28 Putnam Street Mr. Aktas stated they bought their house in August 2016 and
they didn't know anything about this at that time. Their neighbors informed them that solar
structure was being installed, but they didn't hear from the Eanes or the City of Beverly. They
signed the neighborhood letter and they received a negative response. When they asked Mrs.
Eanes why they didn't put the solar panels on the roof she stated she didn't like the way it
looks. Mr. Aktas stated the solar panels are closer to their house and are 15 -20' high and are
visible from their pool.
Page 2 of 5
Amy Morrison, 30 Putnam Street Ms. Morrison stated her property is a mirror image of the
Eanes and though she is pro solar panels this solar structure is gigantic. Their front yard is
directly next to the Eanes. She has a garden in her front yard and when she is out their gardening
she does hear a mechanical sound from the solar panels. Ms. Morrison stated people visiting her
home have thought that the structure provides energy for the whole neighborhood. It looks like
it belongs to an industrial building, not a residential home. Ms. Morrison is concerned where
this could go if regulations aren't put into place. Ms. Morrison stated she is unable to put up
arborvitaes or trees because it may impact the sun received by the panels, she can't put up a
fence so she can't get a dog. These panels are effecting the enjoyment of her home.
Donald
Martin,
27 Berrywood Lane
(Ward Five Counselor)
Mr.
Martin stated
that although
solar
panels
are
a great idea,
he wouldn't want to look at this, it is
inappropriate
for the location.
Atty. Bobrowski stated they agree that the ordinance should be revised. There was a 1984
Variance issued that is the law for the Eanes property. There is no way that a Variance dating
back to 1984 could have predicted that this would encompass a solar panel array. Atty.
Bobrowski is urging the Board to enforce the 1984 Variance and in order to modify the Variance
a petition needs to be filed by the Eanes.
Mrs. Eanes showed the Board a picture of the antennae that some neighbors stated they are
bothered by. Mrs. Eanes stated there are at least 800 houses in Beverly with roof top panels but
her house is not conducive to having those.
Ms. Caldwell asked if the panels have been covering all of their energy use. Mrs. Eanes stated it
is covering about 75% of their energy needs, if they had the additional four panels it could have
possibly covered 100% of their expenses.
Mrs. Eanes confinned they do have 10 additional solar panels on the garage.
Richard Eanes, 28R Putnam stated he does to appreciate Mr. Servizio calling his wife a liar and
stated the neighbors were informed.
Ms. O'Brien asked Mr. Frederickson if the solar structure falls within the setbacks and Mr.
Frederickson stated they removed one row of panels to fall within the setbacks. There is nothing
in the ordinance preventing structures in the front yard and so based on that they had no choice
but to issue the building permit, it was allowed by right. They have no authority to notify the
neighbors, it was within their right. The ordinance doesn't address esthetics.
Mr. Frederickson questions whether this appeal was timely and when the 30 -days started. If it's
timely, there is nothing wrong with the permit. There is case law stating the cities cannot unduly
regulate solar facilities.
Ms.
O'Brien asked if the idea that someone cannot plant a tree
or block the
sun is from
the
City
and
Mr.
Frederickson
stated
it is from the
State.
Mr.
Margolis
stated
that
is
detrimental
to
a
home owner.
Page 3 of 5
Atty. Bobrowski addressed the timely appeal question and stated Mr. Frederickson never
responded to Atty. Handley's request for zoning enforcement in December 2016 and so when
Atty. Bobrowksi contacted him in May Mr. Frederickson responded in four days and that is what
brought them to this appeal.
Stephanie Williams, City Solicitor stated the question is whether or not to enforce the 1984
Variance and she suggested the Board look at that carefully.
The Board determined that they need more legal information from their City Counsel before
making a decision. Ms. Williams suggested getting more information on the modification of the
Variance.
MOTION: Mr. Levasseur moved to continue the public hearing to the August
24, 2017 meeting, subject to signing the Waiver and Agreement.
Second by Mr. Andrews.
Votes 5 -0 : Margolis, Caldwell, Gougian, Andrews, Levasseur)
Motion carries.
II. MINOR MODIFICATION
Gary Palardy
In a petition for a request for a Variance to allow the construction of an attached one car garage
and a second floor above with a right side set back of 10.5', where 15' is required. The property
is located at 15 Winthrop Avenue in the R10 zoning district.
Mr. Palardy addressed the Board and stated he is applying for a Minor Modification on a
Variance he received a few months ago. Mr. Palardy is looking to extend the rear wall of the
garage 4' both on the first and second level.
MOTION: Ms. Caldwell moved to GRANT the Minor Modification to the
Variance issued at 15 Winthrop Avenue to extend the garage an additional 4' to
the rear on both the first and second level, subject to the revised plans submitted.
Second by Ms. O'Brien
Votes 5 -0: (Margolis, Caldwell, Gougian, O'Brien, Levasseur)
Motion carries.
III. OTHER
MOTION: Mr. Levasseur moved to approve the Minutes from the June 22, 2017
meeting. Second by Ms. Caldwell
Votes 5 -0: (Margolis, Caldwell, Gougian, O'Brien, Levasseur)
Motion carries.
Page 4 of 5
MOTION: Mr. Levasseur moved to adjourn the meeting at 8:43pm.
Second by Ms. O'Brien.
All in favor.
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
Page 5 of 5