Test one, two. >> Good evening, ladies and gentlemen. Welcome to the Rever Zoning Board of Appeals meeting for July 23rd. Could we rise and salute the flag, please? Pledge allegiance to the flag of the United States of America and to the
republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Roll call of the members. Mr. Leina >> here. Mr. Lopes here. Mr. O'Brien. >> Oh, absent.
>> Oh, Mr. Pelton >> here. Miss Pratt, alternate member >> here. and chairman Tucker >> here. >> Here quorum is present. The first matter on tonight's agenda is continuation from the previous meeting. Application of
Hitchum Alam 70 Warren Street requesting some variances to enable him to construct a 13tx 14 ft driveway at 70 Warren Street. >> Good evening, councils. Name and address for the record, please. >> Mr. Chairman, honorable members. James
Cipleta, 5 Fremont Street, Win Massachusetts. attorney for the um appellant. Uh when we were last before the zoning board of appeals, um the uh members looked at the plan that was submitted and found that uh it was not
um to the standard which um would give um adequate comfort level to the board uh to vote in the affirmative. Um the zoning board of appeals uh graciously allowed my client some time to have an
alternate plan uh drawn uh that would be more fitting and might be more um palatable to the board. Uh we engaged Rick Salvo at um Engineering Alliance uh in Saras. He has not been able to finish
the plan as um the chair and probably the members know. um these individuals are pretty difficult to nail down and impossible to get to do anything right away. So um he has communicated to me
that he would not be able to have that um plan ready for today. Um I was hoping that he would. Um, I know that he has other things on the back burner of mine that uh I had put out to
him earlier than um this clients and he has not gotten to those either. So, uh I hate to do this and ask for um further time until next month, but uh add an addendum to that
and say if it's not done by then, u then we would probably just ask to withdraw without prejudice until such time as um Mr. Salvo or one of his associates can come up with a a plan um for Mr. Well,
um, >> I'm sorry. I'm I'm sorry. It was just beyond our control. >> All righty. Um, seeing that it is a public hearing, I do have to ask if there's any proponents. Anyone in favor? Seeing and hearing none, I'll close that side of the hearing. Are there any
opponents? Anyone opposed? Seeing and hearing none, I'll close that side of the hearing. Is there any member that wishes to offer a continuation? There's a motion to continue. Shall the zoning board of appeals allow the applicant to continue to the August meeting? Mr. Lemonina,
>> yes. Mr. Lopes, >> yes. Mr. O'Brien is absent. Mr. Pelton, >> yes. >> Yes. Miss Pratt. >> Yes. And Chairman Tucker. >> Yes. >> Yes. The continuence has been granted. Next application is Ghana Realy LLC 343 Washington Street Newton Mass requesting
variances from the ZBA minimum front side rear yard setbacks lot frontage and area maximum FAR and minimum parking requirements to enable the appellant to build a two-story addition and add 13 new units to the existing six-unit
three-story residential structure at 641-6 643 Beach Street. >> Good evening, council. If you could state your name and address for the record, please. >> Uh, good evening, uh, chairman and members of the board. Uh, my name is
Nancy O'Neal. I am an attorney located at 14 Proctor Avenue. Uh, and I'm here tonight on behalf of the applicant, Ghana Realy LLC. And I'm joined here tonight uh, by Mr. Joshua Bloomberg of Ghana Realy as well as our architectural team. Uh Ghana Realy is the owner of 641
643 uh Beach Street uh which you can see here. The applicant proposes a transit oriented addition to this property. Uh this addition would consist of two stories and contain 12 units. A new unit would also be added uh at the basement
level. Uh so overall this addition would contain two affordable housing units which would help to ease the ongoing housing crisis uh and create vital housing for the River community. As part of this project the building would be revitalized. Uh but it is important to note that the existing building
footprint is not changing. uh two new stories would be added to the top of the building bringing the building height to around 50 ft which is within the allowed height for the general business district where this property is located. Uh so the height and density of the building
fit with the surrounding neighborhood which contains a number of similar similarly sized buildings. Uh so as part of this project, the building would receive an updated architectural facade that will greatly improve the appearance of the building and bring it in line with recent
modernizations within the Shirley Avenue neighborhood. As outlined in our support letter of July 16, 2025, which I hereby incorporate by reference into this presentation, this particular property is well suited to variance relief uh due to various challenges at the lot. So
overall, this proposal represents a vast improvement over current conditions that will uh better suit the modern transitoriented uh character of the surrounding neighborhood. Uh now the proposed addition to this challenging property will have several benefits uh for the
surrounding neighborhood and city of River. Uh first the project will contribute to the ongoing revitalization of the Shirley Avenue neighborhood and provide transit oriented housing within 500 ft of the River Beach Blue Line station. Residents of this project uh
would utilize public transportation like the Blue Line and will not have cars. residents would walk to local small businesses in the Shirley Avenue corridor for day-to-day needs. So the traffic impact of this project uh if any is minimal. Uh so second, this project
will include a facelift for the existing building. The current structure uh dating from 1900 has fallen into some disrepair. So this project would rehab the building and improve its condition and appearance. The architectural facade will be updated in line with the modern
attractive buildings within Flity Square and the Shirley Avenue neighborhood as a whole. Um, also in consultation with councelor Novaski, this project will contain two designated affordable housing units. Uh, for the new units, 15% would be affordable, which is a
significant percentage uh of the construction. So, in today's environment and within the Shirley Avenue neighborhood, affordability is badly needed. This project would help to ease not only the ongoing housing crisis but also the ongoing affordability crisis.
It is important to note that this project enjoys the support of the city of River which has submitted a letter of support uh as well as ward counselor Novaski who has worked with the property owner to design a building that fits with the neighborhood and its needs uh which include the affordable housing. A
community meeting was also held for this project and there was no opposition. So overall uh this project will transform a declining 125-year-old building with a modern PA facade and provide transit oriented affordable housing uh within
this walkable and vibrant neighborhood. So we believe that this is a great project not only for the neighborhood uh but also the city as a whole and we would respectfully request uh the variances are granted and we are happy to answer any questions that you may have. Thank you.
>> Thank you. Seeing that it's a public hearing, I will ask if there's any proponents. Anyone in favor? First up would be the ward counselor if he wishes to speak. Thank you, Mr. Chairman, members of the commission. Iron Novaski, 53 Dhon
Street, W 2 counselor. I live right around the corner. I have worked with the uh proposer from day one. Uh, I helped with the design of the building and uh, I just have a specific thing that I wanted to see in certain buildings and how the design would be,
but uh, I didn't mind working with them. I got them reduced to a couple of rooms and uh, instead of four bedrooms, we did threes and um, we're just looking forward to a better looking neighborhood. So, um, it the height matches buildings across the street, you
know, the new buildings that were built at five stories. And, uh, we have no problem with it. You know, in the neighborhood that showed up, we had, I think, uh, we sent out, uh, about 300 emails and letters went out to the owners, you know, like like they usually
do for this meeting. And, um, I think we had three people show up. So, and they they had their concerns and we addressed them and they seem to be happy when they left. So, thank you and I'm in support of this. Thank you. >> Thank you. Are there any other
proponents? Please step up to the microphone, state your name and address for the record. >> Press the button there one time and it'll turn on. Nope, not yet. >> Okay. Uh my name is S Houseman and I own
the house 661 Beach Street. 661 663 Beach Street. This building is my neighbor like close to my house. And this guy like he built like 10 house over there or something like that like
five floor six floor and there and we are here like 30 years I I own this house but when you come you don't have any barkings but he don't left any parking sp one barking spot we asking he
>> sir before you speak are you a proponent in favor of This >> are you speaking in support? Yes. I >> I am not against I am not I am not like I I want him if he want to be if he want to invest it is good for the city is good for the people but I want him if he
want to build he have to left like parking spot for the his tenant >> that you don't take up here sir it's either yes or no. Are you in favor of what he's put in front of us? Yes or no? >> Yes. That's it. Yes or no? That's a question.
>> That's it. If you want to speak to him about something else, you speak for to him. But we're talking about this one property right here. >> Okay. No. Okay. >> Thank you. Are there any other proponents? Anyone in favor? Kindly step up to the microphone. State your name
and address for the record. >> Anthony Dessery, 596 River Beach Boulevard. Um, we own the building around the corner, 1510 Northshore Road. Uh, I know Josh personally. I sold him the building. I was previous owner. Uh, we have business in the area, Atlas
Automotive. I live down the street on the beach. I think the project fits in very well with the neighborhood. Um, to speak to Josh's personal character. He's a gentleman. He was great to do business with. I just think it fits well in the neighborhood. >> Thank you, sir. Are there any other
proponents? Seeing here not, I'll close that side of the hearing. Any opponents? Anyone opposed? Seeing here not, I'll close that side of the hearing. Any members wish to speak? >> Yeah, I get a question. Uh Iris this uh consist of our normal parking
restriction this building >> we put that yes it will be without not interrupting you but there will be a restriction they cannot get permits >> we we are asking for a restriction of uh no no permits to any of the tenants >> okay
>> as part of the uh variance. Thank you. >> Thank you. >> Sorry to interrupt you but that's just unknown. Anyone else? What's the wish of the members? >> To approve >> a motion to approve with our restrictions.
>> The restrictions the conditions from the ZBA if approved shall be as follows. If the rights authorized by this variance are not exercised within one year of the date of the grant of this variance, the right shall lapse. This variance shall not be valid until the appellant has recorded this variance and plan in the sepa county registry of deeds and
submits document recording numbers and dates to the city clerk and building inspector of the city of river. The appellant must receive site plan review approval prior to applying for a building permit and the property shall not be eligible for participation in the city of Rivier's residential and visitor
on street permit parking program. Shall the zoning board of appeals grant the relief requested subject to those conditions? Mr. Lemonina. >> Yes. >> Yes. Mr. Lopes. >> Yes. >> Yes. Mr. O'Brien is absent. Mr. Pelton. >> Yes. >> Yes. Miss Pratt.
>> Yes. And Chairman Tucker. >> Yes. >> Yes. The variance has been granted subject to those conditions. And final application for this evening is the application of Kenneth Lefouchi, 16 Naples Road, Rever, Mass, appealing to the decision of the building inspector to issue building permit
number B250041 on June 12th, 25 to allow the construction of a canopy within the fire lane between 16 Naples Naples Road and 22 Naples Road. An alleged violation of condition number four. There shall be an unobstructed 20ft fire lane provided
along both sides and rear of the building of the city council special permit for the operation of a commercial garage granted to 22 Naples Road on April 8th of 2021. >> Is the applicant present to speak or >> is present on?
>> Okay. Up to the microphone. Press the button once and state your name and address for the record, please. >> Jay Satin, 26 Columbia Road, Marblehead, uh, representing Kenneth Leosy, uh, basically a 19 Naples Road. Uh, my
understanding is that the building permit has been withdrawn and if so, we would withdraw our petition. Not knowing that, sir, I'm going to continue on with this hearing. >> Very good. >> We have not been informed.
>> Okay. >> Oh, I'm sorry. It is in the packet. >> Do we still have >> to go on with the petition? >> I mean, go on with the application. Yes. >> That's what I thought. >> So, we'll continue on with our hearing
even though we have a a a letter in file saying that it's been withdrawn. We still have to continue with the hearing. >> Very good. Um I I will continue then. Um on April 8th, 2021, the city council um issued a special
permit allowing um Mr. Morangi to build on that property, 22 Naples Road. Uh there were restrictions in there condition number four that on all sides of the building or three sides except for the frontal
that there be a 20ft fire lane uh with no building within that area. Um the building is with still within the by about a couple of inches it's within 19 feet odd feet of the property line. um
by putting a steel awning around the building. Uh that would certainly violate the special permit of the city council. Um further I I think the board of appeals has to wonder uh what the awning would be used for. Um you know
certainly this is an area that that borders the marsh uh unseen from most roadways unless you happen to go down this deadend street. and to beautify it with these awnings covering the entire property or entire covering the 20 ft
all around the building. Again, the board of appeals has to wonder what is that going to be used for now? Is it going to still be retained as a fire lane or is it going to be storage? Um, that would be all we would have to say at this point. Again, based on the
special permit, the building permit that was allowed violates the special permit and should not be allowed. >> Thank you. Are there any proponents? Anyone in favor?
>> Good evening. Anthony Carlandro, W3 city councelor. I am a proponent of this. This was complete a complete mistake by the building department. They overlooked the special permit. I understand that it's been withdrawn. Uh, and I'm not going to beat a dead horse here, but I do have two questions.
One, I want to know why the permit was surrendered. And two, I'd like to know what all of you think. Even though you don't have to vote on it tonight, this issue could come up again. I have never had to do this as a counselor before, and I don't want to make a habit of challenging the building
commissioner. I don't. So, those are my two questions through you, Mr. Chair. I know the council is here for the um for 22 Naples Road. Maybe he can answer, but those are the two questions I have. Thank you. >> Okay. I still have to continue on with the
with the hearing. Are there any other proponents? Anyone in favor? Seeing a hearing none, I'll close that side of the hear. Any opponents? Mr. Chairman, members, James Cipple, Litify, Fremont Street in Winthrop on behalf of Mario Morangi. Um, as uh the
clerk had noted um last week, we filed for the record uh a withdrawal of the building permit and surrendered it to the uh Reier uh building inspector. So, um I would suggest that the uh the issue is moot. However, um since there might
be some questions in the mind of uh the members and perhaps the councelor as well, uh why would we withdraw uh a permit when we feel that it was issued correctly uh as a result of uh one site
plan review uh meeting uh a zoning review by the building inspector and then the building inspector being requested to withdraw the or uh to withdraw that permit and denying it, why
would we withdraw it? Um, issues like this become very expensive when you get into litigation. And whoever won this um contest uh between these two neighbors
um might have won a a pirick victory. whoever lost uh would certainly um in my view have taken an appeal under chapter 48 section 17 to the uh suffix superior court or to the land court which would go on for
months if not a year and would be expensive. So my client uh weighed those options um and decided he would do something else and uh did not see it worthy of his time uh nor his money. uh
to invest in this. Uh what would it be used for? It's not going to be used for anything. I mean, the fire lane's there. It's marked. Uh it's been remarked and refreshed. And um I I think that the issue now is is a non-issue.
Thank you, Mr. Chairman. Thank you. If anyone else wishes to speak, please step up to the microphone, state your name and address for the record. I speak before but like just you said yes or no. I like I want him to building
make investing and for good for the city for the everybody and >> sir are you speaking for the gentleman who owns the building on Naples road. >> I know I'm speaking for 661 BC >> but that's done that's done. >> And I don't I don't mind. And I said bes
you said like yes yes yes or no yes or no. If you want to speak to the jud this is the board of appeals. If you want to speak to him about his property you go and you speak to him on >> just I said I want him to make the like parking spot for the people. I don't
mind if he building or something. I don't mind. >> You should go and speak to the ward counselor and speak to that gentleman but nothing to do with the board of appeals right now. If he investing is good for the city, for me is make the value for my house is better. But thank you. But like you said like yes or no is
not good. I want him to build that's make like a parking spot. >> Thank you. >> On the subject of the withdrawal. Um the withdrawal is final. If there was a wrong, it's been corrected. And for me, that's the end.
>> So, what's the wish of the council? To withdraw without prejudice or what are we doing here? >> Without prejudice. >> Council, >> it get it gets a little bit of a little bit convoluted legally, but uh we withdrew the we surrendered our building
permit. Um it is not our petition so we can't withdraw anything before the >> the gentleman could request to withdraw it though prejudice or we continue on with a yes or a no vote. So right what's the wish of the person
>> on behalf of the petitioner we would request to withdraw our petition at this time based on the circumstances again without prejudice should it arise again. Thank you. Withdraw without prejudice. A roll call,
please. >> Shall the zoning board of appeals allow the appeal to be withdrawn without prejudice? Mr. Limina? >> Yes. Mr. Lopes? >> Yes. >> Yes. Mr. O'Brien is absent. Mr. Pelton, >> yes. >> Yes. Miss Pratt. >> Yes. And Chairman Tucker. >> Yes. >> Yes. The application has been withdrawn
without prejudice. There's no further business. >> No further business. Our next meeting will be August 27th. >> Good evening.