CITY OF GLOUCESTER
ZONING BOARD OF APPEALS
3 POND ROAD, GLOUCESTER MA 01930
ZONING BOARD OF APPEALS
Meeting Minutes
July 9, 2026
Board Members Present:
- Joseph Parisi III, Chairman
- Lauren Norton, Vice Chair
- Michael Nimon
- Peter Cannavo- Absent
Alternate Members Present:
- Ronald E. Wilson
- Axel Ruiz
Also in Attendance:
- Natasha Dale, Clerk
- Rob Vicari, Building Commissioner
The Chair introduces the Members and reads from the Open Meeting Law.
Approval of Minutes:
Ms. Norton moves to approve the minutes from the 6/11/2026 and 6/25/2026 meetings.
Mr. Wilson seconds
All in favor, 5-0
Consent Agenda:
Mr. Wilson moves approval of the Chair to sign the following decisions.
a. 51 Wingaersheek Rd.
b. 4 Stewart Ave.
Mr. Nimon seconds
All in favor, 5-0
Application of Nicholas and Christine Gikas seeking a special permit and/ or variance to construct a single family home at 29 Flume Rd., Map 169, Lot 47 in the R-20 zoning district.
Applicants: Nicholas and Christine Gikas, 456 Locust Street, Danvers
Request: Special permit and variance to construct a single-family retirement home on a corner lot
Background & Proposal
- Continued from the June meeting due to absence of current plans.
- Applicants met with neighbors between meetings; at neighbors' request, moved the house 10 feet forward (closer to Flume Road) and reduced building height by 2.5 feet (from 35 ft to 32.5 ft).
- Two hardships cited: (1) walkout basement required due to septic system setback constraints, and (2) corner lot configuration triggering a 20-foot front setback instead of 12 feet.
Public Testimony
Speaking in favor:
- Nick Amblyotis (attorney) 99 Rosewood Drive, Danvers, MA and Margaret Banakos, 27 Flume Road, Gloucester— In favor of the revised plan; the 10-foot shift toward Flume Road preserves her view and that of neighbors to her west. Supported reduced roof pitch to 32.5 ft.
- Joyce Moore, 25 Flume Road — In favor; supported neighbors' requests.
- Sue Hersica, 24 Flume Road— Opposed.
- Purchased home in late April; was not notified of the original hearing and only learned through neighbors.
- Represented that the property would be built per R10 rules, with a house approximately 15 feet narrower than currently proposed.
- Estimated view loss of 75–80% due to the expanded footprint.
- Felt dominated at the neighborhood meeting and unable to retain legal counsel in time.
- Opposed the height variance as unnecessary
- Anne Scuderi, 26A Flume Road — Opposed. Concerns included: house too large for the lot, safety hazard at the corner for traffic and pedestrians, and road narrowing in winter.
Board Discussion & Key Findings
- Board identified that the original submitted footprint (per the Gateway drainage/sewage disposal plan) was fully within all setbacks — no variance would have been required to build a reasonable home.
- The expanded footprint with bump-outs created the need for setback relief; the board characterized this as a want, not a hardship
- On height: Ms. Norton read the special permit standard — height must be consistent with neighborhood character and must not cause obstruction of views, overshadowing, or other adverse impacts.
- Applicant's stated reason for height (7-ft basement clearance reduced by ductwork to ~5.5 ft) was noted but the board clarified that wanting a taller house is not a qualifying hardship for a height variance.
- Mr. Wilson noted that alternative framing methods could address the basement height concern.
- Mr. Nimon acknowledged the lot is irregular and odd-shaped, but noted this alone does not mandate the relief requested.
- Board noted the drainage plan footprint would yield approximately 2,000+ sq ft over two stories plus a garage
Outcome
Ms. Norton moves on the application of Nicholas and Christine Gikas seeking a special permit and/ or variance to construct a single family home at 29 Flume Rd., Map 169, Lot 47 in the R-20 zoning district to withdraw without rejudice.
Mr. Nimon seconds
All in favor, 5-0
Application of DLM Properties LLC seeking a variance to relocate and construct an 8' fence on the property line at 24 Kondelin Rd., Map 197, Lot 13 in the GI zoning district.
Application – 24 Kondelin Road (DLM Properties LLC) — Approved
Applicant: DLM Properties LLC / Eastern Way Services
Attorney: Joel Favazza, Seaside Legal Solutions, 123 Main Street, Gloucester
Request: Variance to relocate/construct an 8-foot fence on the property line
Context
- Property operates under a junkyard permit and is transitioning to a modern transfer station; screening fences are legally required.
- The existing fence had been 6 feet into the public roadway since the facility opened in 1991.
- Board of Health required the fence to be moved as a condition of the transfer station building permit; the city's legal department then demanded immediate removal from city property.
- Conservation Commission approval already obtained as the property is in a buffer zone.
Relief Requested
- Front yard setback: From 10 ft required → 0 ft (currently at -6 ft)
- Right side yard setback: From 15 ft required → 0 ft
- Fences run along Kondelin Road and a paper road/right-of-way on the right side.
Hardship Justification
- A granite cliff runs diagonally across the site; pushing fences back 10 ft and 15 ft would require significant additional blasting, contrary to directives from every permitting body to minimize blasting.
- Insufficient room on site to meet setbacks given fire truck turnaround requirements.
- Industrial park context: fence on property line is consistent with expected use.
Public Testimony:
- Speaking in favor: none
- Speaking in opposition: none
Outcome
Mr. Wilson moves to approve the application of DLM Properties LLC seeking a variance to relocate and construct an 8' fence on the property line at 24 Kondelin Rd., Map 197, Lot 13 in the GI zoning district.
Mr. Nimon seconds
All in favor, 5-0
Application of Erin and James Watson seeking a special permit and/ or variance to add an addition to a single family home to convert to a 2 family at 11 Walker St., Map 236, Lot 1 in the R-40 zoning district.
Application – 11 Walker Street— Approved
Applicants: Erin and James Watson
Attorney: Joel Favazza, Seaside Legal Solutions, 123 Main St., Gloucester
Request: Special permit and variance to add additions converting a single-family home to a two-family dwelling
Family Context
- Plan enables two young Gloucester families to remain in the city: Ms. Watson's parents will move from 15 Walker to 11 Walker St; Ms. Watson's brother Sean and his family move into 15 Walker.
- Erin and Frazier have two sons and one more child on the way.
Site Details
- R40 rural residential district; lot is non-conforming at ~38,000 sq ft (40,000 required).
- Existing house already violates right side yard setback at 10.6 ft (30 ft required).
- Septic system is fairly new and sized appropriately for the addition; no new public services needed.
Relief Requested
1. Change of use special permit (single-family → two-family): Required because the conversion involves an addition; conversion without exterior wall changes would be by-right.
2. Special permit to alter and expand non-conforming structure on non-conforming lot: Right side yard setback worsens from 10.6 ft to ~8.1 ft.
3. Dimensional variance of 3 feet from front yard setback: Two modest bump-out corners penetrate the front yard line for architectural symmetry; rooms are small.
Hardship & Findings
- Septic tank (rear) and leaching field (left side) constrain expansion in those directions; only viable directions are toward the street and right side.
- Irregular front yard line runs along a rock wall, making compliance geometrically difficult.
- All neighboring third-party abutters consulted and supportive (shown as blue stars on plan).
Public Testimony
Speaking in favor:
- Jack Clark, 8 Walker Street — In favor; direct abutter (Walker is a private road); 35-year resident; former Planning Board chair and interim CAO of Gloucester; noted consistency with city housing policy goals.
- Speaking in opposition: none
Outcome
Ms. Norton moves to approve the application of Erin and James Watson seeking a special permit to add an addition to a single family home to convert to a 2 family at 11 Walker St., Map 236, Lot 1 in the R-40 zoning district.
Mr. Ruiz seconds
All in favor, 5-0
Application of Sue Ann Madruga seeking a special permit and/ or variance to construct a shed at 383 Western Ave., Map 201, Lot 14 in the R-30 zoning district.
Application – 383 Western Avenue— Approved
Applicant: Sue Ann Madruga, 383 Western Ave, Gloucester
Request: Variance to construct a replacement 8×12 shed in the same location as a prior shed
Key Facts
- Lot has significant topographic variation (ledge in front); the proposed slab location is effectively the only viable placement on the property.
- Same size as the prior shed (8×12)
Relief Requested
- Rear yard setback variance
- Distance between buildings variance (shed proximity to principal structure)
Public Testimony
- Speaking in favor: none
- Speaking in opposition: none
Outcome
Mr. Nimon moves to approve the application of Sue Ann Madruga seeking a special variances to construct a shed at 383 Western Ave., Map 201, Lot 14 in the R-30 zoning district.
Ms. Norton seconds
All in favor, 5-0
Application– 3 Fuller Street— No Increase in Non-Conformity Determination
Applicant: Kevin Blatchford, 3 Fuller St.
Request: Deck expansion (4×8 → 8×10) and front stoop
Key Facts
- Non-conforming structure on a non-conforming lot; both proposed additions meet current setback requirements.
- Applicant moved front door from west to north side, necessitating the stoop.
- Lot coverage increase from the deck expansion is less than 1 percentage point
Board Determination
Mr. Wilson moves to determine that the application of Kevin Blatchford seeking a special permit and/or variance to enlarge a deck and add a mudroom to 3 Fuller St., Map 166, Lot 43 in a R-20 zoning district is not an increase in the non-conformity.
Mr. Nimon seconds
All in favor, 5-0
Applicant can proceed directly to building permits with the board's signed determination.
Application of David and Laura McSweeney seeking a special permit and/ or variance to construct a retaining wall at 6 River Rd., Map 118, Lot 69 in a R-20 zoning district.
Application 6 – 6 River Road— Approved
Applicant: David and Laura McSweeney
Contractor: Andrew Stevens, 10 Winter Haven Road, Gloucester
Request: Special permit and variances to construct a replacement retaining wall
Context
- Original stone wall was 5–6 feet tall, buckling toward the house — an extreme safety hazard requiring removal.
- Demolition of the adjacent house at 4 River Road (same contractor) created a temporary access window to bring machinery into the backyard — the only viable opportunity to rebuild the wall.
- After wall removal, no ledge was found immediately behind it, creating an opportunity to expand the usable backyard from a "moat" into a small terrace with stairs.
- Structural engineer engaged to design the new wall.
Relief Requested
- Special permit to alter and expand pre-existing non-conforming use
- Variance: distance between new wall and principal structure (accessory structure distance rule)
- Variance: left side yard setback
- Variance: right side yard setback
- Note: The old wall also failed to meet these requirements; the new wall moves further from the house (to ~16 ft, vs. the required 20 ft).
Hardship
- Lot is narrow with steep rear grade; retaining wall is structurally necessary.
- Work must occur now while adjacent house is down; once 4 River Road is rebuilt, machines cannot access the backyard (houses are only 4–5 feet apart).
Public Testimony
Speaking in favor:
- Hayes Stuppy, 4 River Road (Zoom) — Owner of adjacent lot; in support.
Speaking in opposition: none
Outcome
Mr. Nimon moves to approve the application of David and Laura McSweeney seeking a special permit and variances to construct a retaining wall at 6 River Rd., Map 118, Lot 69 in a R-20 zoning district.
Mr. Ruiz seconds
All in favor, 5-0
Application of Katherine Lamson Trustee seeking a variance to construct a pool at 35 Presson Point Rd., Map 229, Lot 69 in the R-20 zoning district.
Application – 35 Preston Point Road— Approved
Applicant: Katherine Lampson, Trustee
Attorney: Sean Lynch, Seaside Legal Solutions, 123 Main Street, Gloucester
Request: Variance to construct an in-ground pool closer to the street than the principal structure
Key Facts
- Pool construction is nearly complete but building permit was stopped by the building department after determining the pool is closer to Preston Point Road than the house.
- The issue arises because Preston Point Road bisects the lot, cutting it into two halves; any structure placed behind or to the sides of the house will technically be closer to this road than the house itself.
- Preston Point Road is described on older plans as a right-of-way, not a road; applicant did not contest the city's interpretation and proceeded with the variance request.
- Pool is approximately 75 feet from the road and sits at an elevation of ~30 feet above sea level, while the road is at 17 feet — limiting visibility from the road.
Why No Alternative Location Works
- West/front of house: Excessive granite precludes pool installation.
- South side: Insufficient room.
- East/north (rear/left): Any location here is closer to the road than the house due to the lot bisection — the core hardship.
Public Testimony
Speaking in favor: none
Speaking in opposition: none
Outcome
Mr. Ruiz moves to approve the application of Katherine Lamson Trustee seeking a variance to construct a pool at 35 Presson Point Rd., Map 229, Lot 69 in the R-20 zoning district.
Mr. Wilson seconds
All in favor, 5-0
Discussion by the Board:
Ms. Norton moves to continue the discussion on the 40B fees and application to a later meeting.
Mr. Ruiz seconds
All in favor, 5-0
Adjournment:
Mr. Ruiz moves to adjourn at 8:34 PM
Mr. Wilson seconds
All in favor, 5-0