Gloucester Zoning Board of Appeals, Oct. 8, 2026

Speaker 1 (Kyrouz Auditorium): Good evening, ladies and gentlemen. Welcome to the City of Gloucester. Speaker 1 (Kyrouz Auditorium): Meeting of the Zoning Board of Appeals of October 8th, 2026. Speaker 1 (Kyrouz Auditorium): This meeting is being held in person here at Kyrouz Auditorium, and is also available Speaker 1 (Kyrouz Auditorium): There's a Zoom meeting, hybrid. Speaker 1 (Kyrouz Auditorium): For the record, the meeting ID is 880-9197-1226. Speaker 1 (Kyrouz Auditorium): I recognize in attendance myself, Joe Parisi. Speaker 1 (Kyrouz Auditorium): Lauren Norton, Ronald Wilson, and on Zoom, Michael Nyman, and I declare we have a quorum.

Peter Cannavo I'm here.

Speaker 1 (Kyrouz Auditorium): Peter Cannava just got on. Speaker 1 (Kyrouz Auditorium): So we do have a quorum. Speaker 1 (Kyrouz Auditorium): Our first order of business will be the approval of minutes. Speaker 1 (Kyrouz Auditorium): From September 10th and September 24th. Speaker 1 (Kyrouz Auditorium): Having reviewed those, I propose that they be accepted as shared. Speaker 1 (Kyrouz Auditorium): more than one… Okay, second. Speaker 1 (Kyrouz Auditorium): Motion made and seconded on the minutes. Roll call. Speaker 1 (Kyrouz Auditorium): Mr. Nyman?

Michael Nimon Yes.

Speaker 1 (Kyrouz Auditorium): Mr. Cannavo?

Peter Cannavo Yes.

Speaker 1 (Kyrouz Auditorium): Mr. Wilson? Yes. Ms. Norton? Yes. Speaker 1 (Kyrouz Auditorium): Mr. Parisi. Yes. Speaker 1 (Kyrouz Auditorium): Minutes are accepted.

Michael Nimon Natasha, I'm not sure what the settings are, but every time Peter speaks, it blocks my view of you guys.

Speaker 1 (Kyrouz Auditorium): Blocking.

Michael Nimon When Peter speaks, it was blocking. He like comes up, you know, as the.

Peter Cannavo Maybe you got to scroll over, Michael. I know I'm.

Michael Nimon Yes.

Speaker 1 (Kyrouz Auditorium): Mr. Cannavo.

Peter Cannavo Yes.

Michael Nimon Second.

Speaker 1 (Kyrouz Auditorium): Motion made and seconded, roll call. Speaker 1 (Kyrouz Auditorium): Mr. Nyman?

Michael Nimon Yes, I think that was a good decision for them to withdraw, personally.

Speaker 1 (Kyrouz Auditorium): Mr. Cannavo.

Peter Cannavo Yes.

Peter Cannavo You're stressing me out.

Speaker 1 (Kyrouz Auditorium): And we will… Speaker 1 (Kyrouz Auditorium): We hadn't taken testimony, so… But we will, allow the presentation of the… Speaker 1 (Kyrouz Auditorium): site plan that was given to us. I know some members had questions. Have those been satisfied, or…

Michael Nimon The copy that… the copy that I got, I can't read, so I'm just gonna trust that the dimensions are on the plan, and you guys have confirmed that they're on the plan.

Speaker 1 (Kyrouz Auditorium): Yeah, they, they're all there. The, Speaker 1 (Kyrouz Auditorium): Yeah, it was hard to read, but I got the, the other one, and… It's… Speaker 1 (Kyrouz Auditorium): It definitely had all the dimensions. The addition is to the left, where the largest Setback exists. Speaker 1 (Kyrouz Auditorium): We verified that it didn't exceed the 10% of block coverage. Speaker 1 (Kyrouz Auditorium): So it's basically just an alter and expand. Speaker 1 (Kyrouz Auditorium): A non-conforming structure on a non-conforming lot. Speaker 1 (Kyrouz Auditorium): Just, just a question that, 10%… The plan that we got said the whole property's on an AE, but the… it's the.

Michael Nimon You speak right into the mic, Lauren, please.

Speaker 1 (Kyrouz Auditorium): Sorry about that. That's right. The whole… lot. Speaker 4 (Kyrouz Auditorium): under AE, but the… I. Speaker 4 (Kyrouz Auditorium): Addition is less than 10%. Okay. Correct. Speaker 1 (Kyrouz Auditorium): Okay. Speaker 1 (Kyrouz Auditorium): We'll read the test. No? Alright. So we'll open public hearing. The… Speaker 1 (Kyrouz Auditorium): See if anyone has an interest. Speaker 1 (Kyrouz Auditorium): Anyone wishing to speak in favor of the application? Please come forward, or if you're on Zoom. Speaker 1 (Kyrouz Auditorium): Hit your raise hand button. Speaker 1 (Kyrouz Auditorium): If you happen to be on a cell phone, you dial star 9. Speaker 1 (Kyrouz Auditorium): And you'll be recognized.

Speaker 1 (Kyrouz Auditorium): Being none, is there anyone wishing to speak in opposition to the project? Speaker 1 (Kyrouz Auditorium): Any opposition? Same thing? Speaker 1 (Kyrouz Auditorium): Hit your raise hand button, or star 9. Speaker 1 (Kyrouz Auditorium): I'll come forward. Speaker 1 (Kyrouz Auditorium): No one? Speaker 1 (Kyrouz Auditorium): We'll close public testimony. Discussion by the Board.

Michael Nimon I can make a motion whenever you want.

Speaker 2 (Kyrouz Auditorium): Looks good to me. Speaker 1 (Kyrouz Auditorium): Okay, Michael.

Michael Nimon Application of Kayla and Peter Cannavo Seeking a special permit to alter and expand. It is increasing the nonconformity. It's not substantially more detrimental to the neighborhoods. I would move approval of the special permit.

Speaker 1 (Kyrouz Auditorium): Second. Speaker 1 (Kyrouz Auditorium): We have a motion made and seconded for a special permit to alter and expand. Roll call vote. Speaker 3 (Kyrouz Auditorium): Mr. Nimon?

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Wilson, yes, Ms. Norton, yes. Speaker 3 (Kyrouz Auditorium): Mr. Parisi? Yes. Speaker 1 (Kyrouz Auditorium): positive My next continued application was the.

Peter Cannavo Thank you.

Speaker 5 (Kyrouz Auditorium): As to the lot itself, it is non-conforming as to lot area, lot frontage, and lot width, and the building is non-conforming as to front yard setback. Speaker 5 (Kyrouz Auditorium): right side yard setback, and rear yard setback. It does conform to lot coverage, and it will continue to conform to lot coverage if this relief is allowed. Speaker 5 (Kyrouz Auditorium): What the petitioner proposes to do. Elevations here.

Michael Nimon Hey Sal, can you make make sure that mic's close to your mouth please?

Speaker 5 (Kyrouz Auditorium): Sure. Thank you. Yep, better.

Michael Nimon Better.

Speaker 5 (Kyrouz Auditorium): Great, okay. Speaker 5 (Kyrouz Auditorium): This is the zoning table, which shows you what's conforming, what is not. Speaker 5 (Kyrouz Auditorium): And we are increasing some nonconformities in the rear yard. There is a new nonconformity being created in the right side yard. So, because that nonconformity is being created for the first time, we're seeking a variance for that. Otherwise, for the shed, which I'm going to talk about, and the structure, we only need a special permit for the rest. Speaker 5 (Kyrouz Auditorium): They propose to remove the rear yard single-story addition, and replace it with a two-story addition. The proposed work also extends the rear part of the building 3 additional feet, and includes an approximately 7-foot addition to a portion of the left side. Let's go through the elevations here.

Speaker 5 (Kyrouz Auditorium): This is the side elevation. I have the before and after. Speaker 5 (Kyrouz Auditorium): That's the front, before and after. Speaker 5 (Kyrouz Auditorium): And that is the right side before and after. As you can see, there's a deck there now that's gonna be removed. Speaker 5 (Kyrouz Auditorium): This is the rear yard before and after. Speaker 5 (Kyrouz Auditorium): So, we'll now have sort of recessed balconies instead. and. Speaker 5 (Kyrouz Auditorium): Here is the right side, excuse me, left side before and after.

Michael Nimon So Sal, is your variance left side or right side? It's left side, isn't it?

Speaker 5 (Kyrouz Auditorium): Yes, it's left side. Yep. Okay.

Michael Nimon Yeah, thank you.

Speaker 5 (Kyrouz Auditorium): It conformed to the 20 feet now it will not conform so.

Michael Nimon Sure.

Speaker 5 (Kyrouz Auditorium): So, the left side. Speaker 5 (Kyrouz Auditorium): So again, most importantly, this will still comply with the lot area — excuse me, with the lot coverage. It'll still be within the realm there. Speaker 5 (Kyrouz Auditorium): And they proposed to rebuild a shed also, which is in the rear right corner of the, of the property. Originally, they were going to raise the height of the shed approximately 4 feet to the 12-foot max. Speaker 5 (Kyrouz Auditorium): But as one of the accommodations we talked about, they are now going to keep it at the same height and substantially the same footprint. Updated plans were submitted. When I pulled the file yesterday, they hadn't made it into the package, but I believe Natasha did circulate those, and they were filed in advance of the 72 hours.

Speaker 5 (Kyrouz Auditorium): They just didn't somehow make it into the file. Speaker 5 (Kyrouz Auditorium): So the petition needs a special permit to alter and expand. And again, as to the left side yard, the encroachment will occur for the first time. It'll change from 21.3, where 20 feet is required, and it will be reduced to 14.8. So we'd be requesting a variance there of 5.4 feet. Speaker 5 (Kyrouz Auditorium): As this board knows, this matter was originally scheduled for August 27. We moved it first to one of the September meetings, and the neighbor who was most concerned couldn't make that, so we continued it to tonight. And I'm happy to report that we did come to a settlement. I'm going to talk a little bit more about that later on.

Speaker 5 (Kyrouz Auditorium): as to the special permit. As this board knows, it's a 2 prong test for a single and 2 family. Speaker 5 (Kyrouz Auditorium): The first part of the test is what we're doing increasing the nonconforming nature of the site and the property. If it isn't, then a building permit issues. If it is, we go on to the second prong of the test, which is whether or not the increase in nonconformity is substantially more detrimental to the neighborhood. Speaker 5 (Kyrouz Auditorium): As to the first prong, again, the rear yard nonconformity. Speaker 5 (Kyrouz Auditorium): Will increase. It's already nonconforming. It'll increase by 3 feet. And we're also adding more building bulk and footprint within an already undersized lot. So for those reasons, I would submit that this does increase the nonconforming nature of the site.

Speaker 5 (Kyrouz Auditorium): However, I don't believe that it is substantial or detrimental to the neighborhood for the following reasons. First off, coming to an agreement with the most affected neighbor, I think, to some degree itself. This is the neighbor to the rear. And they are now OK with the project with our concessions we're going to talk about. Speaker 5 (Kyrouz Auditorium): The view from the street won't change very much. It's very low down from the road. You won't see it very much of a change from the street. Speaker 5 (Kyrouz Auditorium): And… Speaker 5 (Kyrouz Auditorium): The lot is probably the smallest in area in the neighborhood. However, when you look at the size of houses to the size of lots, I think it does fit in ratio-wise to the rest of the neighborhood. Obviously, the larger lots have larger houses, but I think it does fit into the character of the neighborhood. And again, most importantly, we'll remain compliant with lot coverage.

Speaker 5 (Kyrouz Auditorium): The building was built in 1830, I believe it was some sort of shop for a while. So also, being able to do this allows, you know, that historic building to remain, just be renovated rather than torn down. Speaker 5 (Kyrouz Auditorium): Also, you saw in the elevation right here, there's a roof deck, and that facing the rear property, the property of the rear, excuse me, one could view that as, like, a bird's-eye view of the neighborhood, of the neighboring rear yard. That is being eliminated, which I think is important, and instead, there are going to be two recessed balconies there. Speaker 5 (Kyrouz Auditorium): So I think for those reasons, and we're not aware of any other adverse effects to the neighborhood, I do think that it is not substantially more detrimental, and that the special permit should issue.

Speaker 5 (Kyrouz Auditorium): As to the variants. Speaker 5 (Kyrouz Auditorium): I don't normally go over the standard, but because it changed recently, I'm going to go over it. Speaker 5 (Kyrouz Auditorium): The Board is now authorized to issue variances. If the if it specifically finds a strict enforcement of the ordinance would result in practical difficulty. Speaker 5 (Kyrouz Auditorium): In making this determination, the board must weigh the benefits to the petitioner and the public interest, including the interest in supporting production of housing against detriment to the public health, safety, and welfare. And in doing so, you may consider whether the difficulty relates to soil conditions, shape, or topography, or structures, whether strict enforcement would impose a financial hardship.

Speaker 5 (Kyrouz Auditorium): And whether the benefits sought can be achieved by some other feasible means. Speaker 5 (Kyrouz Auditorium): And also whether the practical difficulty was self-inflicted. And I'll just go over that now. I submit that the strict enforcement of the 20-foot setback on the left would be a practical difficulty for the petitioner. Speaker 5 (Kyrouz Auditorium): First, it relates to the location of the structure on the lot, and the fact that there is a sewer easement, going through the lot. that. Speaker 5 (Kyrouz Auditorium): So this sewer easement largely limits, obviously, anything you could do on that side of the house. Anything you need to do would be on the rear or the right of the left side of the house looking from the street.

Speaker 5 (Kyrouz Auditorium): Second, this… if you look, put it. photo. Speaker 5 (Kyrouz Auditorium): So if you look at this right here, this is. Speaker 5 (Kyrouz Auditorium): We're looking from the street to the left side yard. Speaker 5 (Kyrouz Auditorium): All that is there is a wooden railing. Speaker 5 (Kyrouz Auditorium): So there's not much to stop any vehicle from, God forbid, careening out of control, sliding down the hill across the street. So we didn't really want to cite any structure towards the front. I think that would increase the danger of this situation, and so we sort of kept it to the rear. So if you look at all that, it really does limit where you can put Speaker 5 (Kyrouz Auditorium): In addition here. So, you know, the only area would be, again, the rear and the, and the…

Speaker 5 (Kyrouz Auditorium): Back left corner. Speaker 5 (Kyrouz Auditorium): Also. Speaker 5 (Kyrouz Auditorium): And also the benefits sought here under the standard cannot be achieved by any other feasible means. I think what I just laid out shows you that we're kind of limited as to where this building can go. Speaker 5 (Kyrouz Auditorium): Also, my clients live in Cambridge, but do plan on retiring here. And right now, the way the building is laid out, you have to go out to the right side, below the driveway, and go all the way around the building to get to the left side yard. And the left side yard is really the only usable side yard. Speaker 5 (Kyrouz Auditorium): So this one thing will be added here is the hallway will be extended so that now they can go out to the left side yard without having to go all the way around the building, which I think is important and makes it a little bit easier to age in place on the property.

Speaker 5 (Kyrouz Auditorium): Just go over the… show you the floor plans real quick. Speaker 5 (Kyrouz Auditorium): So as you can see, this is the increase right here. It's approximately 7 feet over here, 3 feet over here. You can see the before and after. It's a very modestly sized building. It's going to go from 1,021 feet to just over 1,400. So it's a 400-foot increase. Speaker 5 (Kyrouz Auditorium): This shows you another view here. Speaker 5 (Kyrouz Auditorium): the lower level. Speaker 5 (Kyrouz Auditorium): And again, this is a picture of the area I just discussed. Speaker 5 (Kyrouz Auditorium): This is the current view off of the back porch. So you see it kind of looming over that backyard of the neighbor.

Speaker 5 (Kyrouz Auditorium): And here is a view of the driveway area. So this is where it drops off on the right, and where the sewer easement is. Speaker 5 (Kyrouz Auditorium): This is a view of the side yard area, and as you can see, right in… if I get my mouse over there… right over here is where the addition's gonna be, right in the center. and OPEC. Speaker 5 (Kyrouz Auditorium): So this will enable them also to preserve this tree right here. We're not going too far out. They don't want to cut down trees if possible. Speaker 5 (Kyrouz Auditorium): And this is a view of the right side yard. You can see, again, the Speaker 5 (Kyrouz Auditorium): Railroad tie wall here. This is the door I was talking about, where they have to come out of here and go all the way around to get to the usable side yard.

Speaker 5 (Kyrouz Auditorium): This is a view looking up at the rear part of the building. Speaker 5 (Kyrouz Auditorium): And this is a view of the main living space in the interior, and we have a petitioner's dog, which is a nice shot here. So this is how it looks on the inside right now. Two stories of this. Very, very small. Speaker 5 (Kyrouz Auditorium): So I think that's it. So I think for those reasons that we have established a practical difficulty, and I believe that the variant should issue and the special permit should issue. Thank you. Speaker 1 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): Board questions up front?

Peter Cannavo What, was that a right yard setback, or a left side setback?

Speaker 5 (Kyrouz Auditorium): I'm sorry.

Peter Cannavo Thank you.

Speaker 1 (Kyrouz Auditorium): Okay, we'll open the public hearing. Anyone wishing to speak in favor of the application? Speaker 1 (Kyrouz Auditorium): Please come forward. You take it down, Sal. Thank you. Speaker 1 (Kyrouz Auditorium): Anyone wishing to speak in favor? Speaker 1 (Kyrouz Auditorium): Anyone wishing to speak in opposition to the project? Any opposition? Speaker 1 (Kyrouz Auditorium): None. Speaker 1 (Kyrouz Auditorium): Close the public hearing, no reason for rebuttal. Speaker 1 (Kyrouz Auditorium): Discussion by the board, or a motion?

Peter Cannavo Doesn't seem like anybody else came in opposition, and… With the support of the, you know… with the neighbor that's directly affected, I…

Speaker 5 (Kyrouz Auditorium): I.

Peter Cannavo Why are we not?

Speaker 5 (Kyrouz Auditorium): Jose. Speaker 5 (Kyrouz Auditorium): I apologize. Sorry, Peter, I apologize. I would like to read the conditions into the record. I meant to do that. Go ahead. I'd like to commend the… Speaker 5 (Kyrouz Auditorium): My clients, and also the neighbor, I think they both worked hard to compromise, and I think we have a pretty good situation. The conditions that we are requesting be placed in any decision would be Speaker 5 (Kyrouz Auditorium): And this is verbatim. The existing shed as repaired or replaced shall not be increased in height at either the eave or the ridge lines, and the shed's footprint shall not be enlarged or repositioned. Speaker 5 (Kyrouz Auditorium): Secondly, there should be no further structural enlargement of the dwelling, and there should be no additional decks, porches, stairways, or other extensions of the dwelling beyond the exterior walls depicted on the plans prepared by Olson & Lewis Architects, dated October 4th, 2026.

Speaker 4 (Kyrouz Auditorium): Sorry about that. Thank you. Speaker 4 (Kyrouz Auditorium): There's a question on the shed. Are you asking for any relief on the shed or no? Oh, I'm sorry. Speaker 5 (Kyrouz Auditorium): Yes, the shed does not comply as far as every setback except for distance from the street. So we just need a special permit for the shed. I kind of included that all in the one comprehensive special permit. Speaker 5 (Kyrouz Auditorium): The shed is, gonna be rebuilt pretty much… it's gonna look different, but pretty much as is. There's gonna be maybe a slight shift in the footprint, but not… not much significance at all if you look at the site plan. Speaker 1 (Kyrouz Auditorium): Okay.

Speaker 2 (Kyrouz Auditorium): Peter, did you have something.

Peter Cannavo I just wanted… yeah, thank you, Ron. No, Thank you, Attorney Frontiero for that. I just wanted to add that the, the neighbor that was directly affected by it. I'm glad to see that they came out in support. I know that can always be a challenge when looking at these applications, and I'm just glad to hear that they cleaned that up.

Speaker 2 (Kyrouz Auditorium): Yeah, I was just gonna say, I recall that, you know, we moved the hearings, because someone was gonna speak, and I assume Speaker 2 (Kyrouz Auditorium): Have they submitted anything? Speaker 2 (Kyrouz Auditorium): 2… Speaker 5 (Kyrouz Auditorium): I checked on Wednesday and they, no, nothing has been submitted. Right, so. Speaker 2 (Kyrouz Auditorium): That we have to let their absence mean… Yeah, they're satisfied. They're satisfied. Speaker 2 (Kyrouz Auditorium): No, I have no further questions. Speaker 1 (Kyrouz Auditorium): Entertain a motion. Speaker 4 (Kyrouz Auditorium): Omega.

Peter Cannavo In the application… Go ahead, Karen. Lauren, sorry.

Speaker 2 (Kyrouz Auditorium): And with the conditions that were… Speaker 2 (Kyrouz Auditorium): read into the record by Attorney Frontiero. Speaker 1 (Kyrouz Auditorium): Second. Speaker 1 (Kyrouz Auditorium): We have a motion made and seconded. Speaker 1 (Kyrouz Auditorium): For special permit and variance with conditions, roll call vote. Speaker 3 (Kyrouz Auditorium): Mr. Niman.

Michael Nimon Yes, for the special permit. Yes, for the variance.

Speaker 3 (Kyrouz Auditorium): Mr. Cannavo?

Peter Cannavo Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Wilson? Yes. Ms. Norton? Yes. Mr. Parisi? Yes. Speaker 1 (Kyrouz Auditorium): Alright, our decision's favorable, appreciate a draw. Be happy to do that, thank you. Speaker 1 (Kyrouz Auditorium): Thank you.

Peter Cannavo Good luck.

Speaker 6 (Kyrouz Auditorium): on the ledge, and I was afraid they were gonna fall into our… Speaker 6 (Kyrouz Auditorium): Garage, so we cut them down. Speaker 6 (Kyrouz Auditorium): And as we were doing it, we also dug, and it's, like, all granite up there. So we had to dig in order to see if we could even… Speaker 6 (Kyrouz Auditorium): put a tool shed or a storage shed or a garage up there. We can, unfortunately. Speaker 6 (Kyrouz Auditorium): We've decided that we'd like to pour a slab because of the weight, because there's so much granite up there that if we try to do sauna tubes. Speaker 6 (Kyrouz Auditorium): It… I just think it would be a nightmare, and with all the wildlife up there, we're just gonna…

Speaker 6 (Kyrouz Auditorium): Probably a lot of wildlife underneath. Speaker 6 (Kyrouz Auditorium): So the only thing we're asking for is a height, so it matches the garage that we just recently built back a year ago. Speaker 1 (Kyrouz Auditorium): Okay, so there's no… are we meeting all the setbacks? Speaker 1 (Kyrouz Auditorium): What we're saying? Speaker 1 (Kyrouz Auditorium): It's just the height then, okay?

Michael Nimon And Joe, it's a special permit, right? High exception.

Speaker 1 (Kyrouz Auditorium): Yeah, special permit for accessory height.

Michael Nimon Yep.

Speaker 6 (Kyrouz Auditorium): There's nothing up there. And actually, if you stand up there. Speaker 6 (Kyrouz Auditorium): If you walk any further, you're gonna drop 100 feet. Speaker 6 (Kyrouz Auditorium): Into my neighbor's yard, because it's a cliff. So. Speaker 4 (Kyrouz Auditorium): Have you talked to your neighbors? Speaker 6 (Kyrouz Auditorium): The ones next to me, some of them I have. Speaker 6 (Kyrouz Auditorium): The ones down the hill. Yeah, they know, they know it's thick, you know, I asked for it. Speaker 1 (Kyrouz Auditorium): Okay. Speaker 1 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): We'll open the public hearing. Is there anyone wishing to speak in favor of the project?

Speaker 1 (Kyrouz Auditorium): Anyone in favor. Speaker 1 (Kyrouz Auditorium): Come forward or raise your hand. Speaker 1 (Kyrouz Auditorium): None. Is there anyone wishing to speak in opposition? Speaker 1 (Kyrouz Auditorium): Any opposition? Speaker 1 (Kyrouz Auditorium): Being none, we'll close public hearing. Speaker 1 (Kyrouz Auditorium): Discussion or roll call vote? Speaker 1 (Kyrouz Auditorium): I mean, the discussion was…

Speaker 1 (Kyrouz Auditorium): On the issue of whether it's an increase in non-conformity, For anyone wishing to speak. Speaker 1 (Kyrouz Auditorium): In favor of that determination. Speaker 1 (Kyrouz Auditorium): In the public. Speaker 1 (Kyrouz Auditorium): Seeing none, is there anyone wishing to speak in opposition to that determination? Speaker 1 (Kyrouz Auditorium): Seeing none… So we will entertain a motion. Speaker 1 (Kyrouz Auditorium): I'd like to know… Speaker 2 (Kyrouz Auditorium): Nomination. I'd like to move that the application of David and Jacqueline Bell at one Banner Hill Way, that there is no increase in nonconformity.

Michael Nimon Second.

Speaker 1 (Kyrouz Auditorium): Motion made and seconded, roll call. Speaker 3 (Kyrouz Auditorium): Mr. Nimon.

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Commissioner Cannavo?

Peter Cannavo Yes.

Speaker 7 (Kyrouz Auditorium): Thank you. I'm just gonna pull up. Speaker 7 (Kyrouz Auditorium): What I have here…

Speaker 7 (Kyrouz Auditorium): So, I'm just bringing up one more.

Speaker 7 (Kyrouz Auditorium): There was… Speaker 7 (Kyrouz Auditorium): A lot of conversation about making sure this site drained properly, making sure it could retain water, etc. Speaker 7 (Kyrouz Auditorium): And… The end result was a large vault system, underground vault system. Speaker 7 (Kyrouz Auditorium): And what happened is that the contractor who was in charge of installing it was supposed to go down, I believe it was to, like, elevation 38 and a half. Speaker 7 (Kyrouz Auditorium): They put the bottom of the tank there. Speaker 7 (Kyrouz Auditorium): And for… Speaker 7 (Kyrouz Auditorium): One reason or another, which we are still trying to determine, the bottom of the tank was installed roughly four feet higher than it was supposed to.

Speaker 7 (Kyrouz Auditorium): Product engineers were around the city engineers or everyone, you know, saw the stuff going in. No one. You couldn't eyeball it and know that it was four feet too high when it was down in the hole. Speaker 7 (Kyrouz Auditorium): So it actually wasn't picked up until the as-builts were being drawn up. You know, the ground had been covered, parking lots in, buildings up, and the project engineers for, Mr. Wheat, the principal behind Bigelow Real Estate. Speaker 7 (Kyrouz Auditorium): said, Well, hold on a second, you know, based on what we're measuring here at the bottom of this tank is too high. Speaker 7 (Kyrouz Auditorium): And… Speaker 7 (Kyrouz Auditorium): Confirm, you know, do some more digging and confirm that, yes, in fact, the tank was installed too high.

Speaker 7 (Kyrouz Auditorium): The… Plus side of this is, as you recall, the system was fairly robust, and so… Speaker 7 (Kyrouz Auditorium): despite being installed 4 feet higher than was proposed, it still functions as required. They've run all the… they've rerun all the calculations with the new elevation, it still holds all the water that the board was requiring it to hold, for the length of time it was requiring it to hold, etc. Speaker 7 (Kyrouz Auditorium): The one issue, as again, those who are on this board will remember, is that Speaker 7 (Kyrouz Auditorium): This board was very clear, as was the city, that Speaker 7 (Kyrouz Auditorium): We were to have no standing water. Speaker 7 (Kyrouz Auditorium): And the system was designed to make sure there'd be no standing water. I think an earlier design actually said, oh, in the 25-year storm, there'll be a couple inches around the catch basins, and we got very clear, no, there won't be, figure it out.

Speaker 7 (Kyrouz Auditorium): And so… Speaker 7 (Kyrouz Auditorium): What happened is, this contractor that put in the tanks put in a backflow preventer at the catch basin, it was on 48. Speaker 7 (Kyrouz Auditorium): Maplewood Avenue that belongs to Miss Work. She's here tonight. Speaker 7 (Kyrouz Auditorium): And what that backflow preventer will do is, in a large storm event, it'll prevent anything that's in the vault from flowing back and up and out of Ms. Work's catch base, hers being the lowest catch base in the system, right? So the lowest point is where the water would come up. So it stops that. What the backflow preventer doesn't do Speaker 7 (Kyrouz Auditorium): is prevent in those really really large storms.

Speaker 7 (Kyrouz Auditorium): prevent… Speaker 7 (Kyrouz Auditorium): the puddle we had gotten rid of at that catch basin from reappearing, because the water can't go into the tank because the tank's too high, water can't come back out of the tank because there's a backflow, and we said, well, that's kind of exactly the problem we were trying to solve, right? We were trying to make sure that even during the big storms, each catch basin Speaker 7 (Kyrouz Auditorium): is, you know, dry around the rim, no puddles, no standing water. So what the engineers for the project have proposed is to put a pump Speaker 7 (Kyrouz Auditorium): just inside, or just after the catch basin on 48, so that during those very rare large storm events where

Speaker 7 (Kyrouz Auditorium): If it was just the backflow preventer, it would shut, and there would be some puddling. It'll actually still pull down the water Speaker 7 (Kyrouz Auditorium): out of the catch basin on 48, and force it into the tank. And once it gets into the tank, it can't come back out. And the tanks are the correct size, with all the capacity that had been planned for there. It's just this one catch basin can no longer gravity feed into it on the biggest storm events. We'd like to install a pump to make sure that, again, when the big storm hits. Speaker 7 (Kyrouz Auditorium): The conditions on the ground are exactly as was promised to this board. Speaker 7 (Kyrouz Auditorium): We just need this more pump to make that happen.

Speaker 7 (Kyrouz Auditorium): And so the decision for the board tonight is to decide whether or not this is a substantial change requiring a full public hearing, or whether this change is insubstantial enough that we can just, you know. Speaker 7 (Kyrouz Auditorium): do the work. So again, it would be to allow the tenants to exist where they were installed, which, again, is higher than was proposed, and allow for the installation of Speaker 7 (Kyrouz Auditorium): This pump. I should say, though, there's some catch-all in there. We've updated the… Speaker 7 (Kyrouz Auditorium): on-site drainage in collaboration with the city. There's, like, a new berm that wasn't shown in the original plan, so we've added that in as part of the request to, like, allow this one berm that redirects water from 50R into a catch basin that otherwise

Speaker 7 (Kyrouz Auditorium): Wasn't part of your original approval, but that's fairly minute. And the just the bigger ticket item here is, again, these tanks were put in. Speaker 7 (Kyrouz Auditorium): Too high. As a result, we need one pump. Speaker 7 (Kyrouz Auditorium): In one catch basin to make sure that the Speaker 7 (Kyrouz Auditorium): end result of no standing water, even during the big storms. Speaker 7 (Kyrouz Auditorium): is Matt. Speaker 1 (Kyrouz Auditorium): Okay. The. Speaker 1 (Kyrouz Auditorium): So, we just got this, I did review. Speaker 1 (Kyrouz Auditorium): None of us are engineers. Speaker 1 (Kyrouz Auditorium): Certainly sounds good. Speaker 1 (Kyrouz Auditorium): But we want… I think we're gonna want to, have some professional Feedback.

Speaker 1 (Kyrouz Auditorium): From our consultant. Speaker 1 (Kyrouz Auditorium): But One, so that we… We know if we approve this, It will, Speaker 1 (Kyrouz Auditorium): It's what it says it's gonna be. Speaker 7 (Kyrouz Auditorium): So in that case, your vote would be to declare it substantial and schedule a public hearing. Speaker 7 (Kyrouz Auditorium): And we presented them. Speaker 1 (Kyrouz Auditorium): Yeah, what we're gonna do, Speaker 1 (Kyrouz Auditorium): Well, it'd be up to the members, but… to… Speaker 1 (Kyrouz Auditorium): Only because we… it's not something we could comprehend. Speaker 1 (Kyrouz Auditorium): So I would think we'd probably… The consensus might be. Speaker 1 (Kyrouz Auditorium): And I, again, not speaking for myself.

Speaker 1 (Kyrouz Auditorium): To say it is substantial, Continue it to, Speaker 1 (Kyrouz Auditorium): My next meeting, which is 3 weeks, And… Speaker 1 (Kyrouz Auditorium): We're gonna have to re-enlist our consultant. Speaker 1 (Kyrouz Auditorium): was. and then Samson. Speaker 7 (Kyrouz Auditorium): So, Mr. Chair, just procedurally, these regs are a little confusing. Speaker 7 (Kyrouz Auditorium): So if if the Board would like to deem it substantial. Speaker 7 (Kyrouz Auditorium): it then has to advertise for a public hearing. Right. And so, given that we're already 3 weeks out, if we're able to… if the billing department's able to get it, you could link it up to your next meeting. If not, it would have to get… again, there's the statutory requirements to when it has to be done. I'm just letting everyone know that

Speaker 7 (Kyrouz Auditorium): So we don't fall down on this one. That, Speaker 7 (Kyrouz Auditorium): Public hearing would have to be noticed the normal way, and that obviously would be tight, but not impossible with the three weeks from now. deadline. Speaker 1 (Kyrouz Auditorium): So the statute also talks about 30 days. Speaker 7 (Kyrouz Auditorium): Yes, correct. And so if you weren't — We're going to have to have a —. Speaker 1 (Kyrouz Auditorium): Special meeting. Speaker 7 (Kyrouz Auditorium): If you can't get it advertised for the upcoming one. Speaker 1 (Kyrouz Auditorium): Right, we haven't done that. Okay, beautiful, okay. Right, so. Speaker 1 (Kyrouz Auditorium): I think that will be our method.

Speaker 1 (Kyrouz Auditorium): That way we get the hearing. Speaker 1 (Kyrouz Auditorium): Opened within 30 days. Speaker 1 (Kyrouz Auditorium): I mean, I'm speaking out loud, but does anybody agree?

Michael Nimon You're speaking for me, Joe. I'm in agreement.

Speaker 4 (Kyrouz Auditorium): I agree also. Speaker 1 (Kyrouz Auditorium): All right, so if that's the case, let's, do we need to vote? Speaker 2 (Kyrouz Auditorium): Vote first on the that it's. Speaker 2 (Kyrouz Auditorium): a substantial change. Right, that's what we're… And then after we have that vote, we can… Speaker 2 (Kyrouz Auditorium): Vote to schedule it. Speaker 1 (Kyrouz Auditorium): Yeah, we're gonna vote that it is a substantial change. and. Speaker 1 (Kyrouz Auditorium): Schedule when it's going to be, and then we also want to figure out about cost For the engineering? Speaker 4 (Kyrouz Auditorium): I'm going to make a motion for all of that. Speaker 1 (Kyrouz Auditorium): Well, let's vote to determine it's substantial.

Michael Nimon Second.

Speaker 1 (Kyrouz Auditorium): Motion made and seconded, roll call. Speaker 3 (Kyrouz Auditorium): Mr. Nimon.

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Cannavo?

Peter Cannavo Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Wilson? Yes. Ms. Norton? Yes. Mr. Parisi? Yes. Speaker 3 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): Substain a motion to… The. Speaker 1 (Kyrouz Auditorium): Establish the date for the public hearing of October 29th. Speaker 1 (Kyrouz Auditorium): I'm gonna make that. Speaker 4 (Kyrouz Auditorium): Make a motion on the Speaker 4 (Kyrouz Auditorium): Application for comprehensive permit, 50R, Maplewood Avenue, to establish a public hearing date of October 29th, 2026.

Michael Nimon Second.

Peter Cannavo Okay.

Speaker 1 (Kyrouz Auditorium): Made and second, roll call. Speaker 3 (Kyrouz Auditorium): Mr. Niman.

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Cannavo.

Peter Cannavo Yes.

Michael Nimon Second.

Speaker 1 (Kyrouz Auditorium): Motion made and seconded. Roll call. Speaker 3 (Kyrouz Auditorium): Mr. Nimon.

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Cannavo?

Peter Cannavo Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Wilson? Yes. Speaker 3 (Kyrouz Auditorium): Ms. Norton? Yes. Mr. Parisi? Yes. Speaker 1 (Kyrouz Auditorium): And I'll instruct the building department to. Speaker 1 (Kyrouz Auditorium): Through legal, whatever, and the city engineer to notify them all of what's going on. Speaker 1 (Kyrouz Auditorium): And get that in place. Speaker 1 (Kyrouz Auditorium): Or the third party. Speaker 1 (Kyrouz Auditorium): And also, that the… City Engineer, beyond notice. Speaker 1 (Kyrouz Auditorium): That we'll be looking for feedback. Speaker 1 (Kyrouz Auditorium): Okay. Speaker 1 (Kyrouz Auditorium): Thank you. Speaker 1 (Kyrouz Auditorium): Now, we have one last thing on our agenda, and that's the, we've been reviewing the rules, regulations, and fees

Speaker 1 (Kyrouz Auditorium): for the 40 B applications for comprehensive permits. Speaker 1 (Kyrouz Auditorium): They've been… we've given feedback, we're not adopting them, we're just saying that we… Speaker 1 (Kyrouz Auditorium): Approve of them to go to the City Council for a final. Speaker 1 (Kyrouz Auditorium): Decision, and with that, we would need a motion. On that. Speaker 4 (Kyrouz Auditorium): I'll move that the, Speaker 4 (Kyrouz Auditorium): City of Gloucester Zoning Board of Appeals Rules and Regulations for the Comprehensive Permit. It's under 40B, Section 21. Speaker 4 (Kyrouz Auditorium): As provided to the board, be approved. Speaker 4 (Kyrouz Auditorium): And sent… To the council.

Peter Cannavo active.

Second. Speaker 2 (Kyrouz Auditorium): Come on, Natasha, toughen up. Speaker 2 (Kyrouz Auditorium): We'll call vote, please. Speaker 3 (Kyrouz Auditorium): Mr. Nimon.

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Cannavo.

Peter Cannavo Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Wilson? Yes. Ms. Norton? Yes. Mr. Parisi? Speaker 3 (Kyrouz Auditorium): Yes. Speaker 1 (Kyrouz Auditorium): Anybody have any other business? Speaker 1 (Kyrouz Auditorium): To bring forward? Speaker 1 (Kyrouz Auditorium): Hearing none, we'll entertain a motion to adjourn. Move to adjourn.

Michael Nimon Motion to adjourn. Second.

Speaker 1 (Kyrouz Auditorium): Aiden seconded roll call to adjourn. Speaker 3 (Kyrouz Auditorium): Mr. Nimon.

Michael Nimon Yes.

Speaker 3 (Kyrouz Auditorium): Mr. Cannavo.

Peter Cannavo Yes, and thank you, everyone.

Speaker 3 (Kyrouz Auditorium): Mr. Parisi? Yes. Oh. Mr. Wilson? Yes. Speaker 3 (Kyrouz Auditorium): Mr. Norton, Mr. Parisi.

Michael Nimon You don't want to forget Ron.

Speaker 3 (Kyrouz Auditorium): Sorry, Ron.

Michael Nimon Good night, all.

Peter Cannavo Good night, everyone.

Speaker 4 (Kyrouz Auditorium): Back to Peter. Speaker 4 (Kyrouz Auditorium): Yeah, we're adjourned.