ZBA Minutes 9.25.201900_ IWIS ;.
City of Beverly
Zoning Board of Appeals
September 25, 2019 at 7:00 pm
These minutes are not a verbatim transcript of the public hearing of the Board of Appeals.
Reviews of the Board's Decision or outcome of the public hearing should include an examination
of the Board's decision for that hearing.
Meeting Minutes
Members Present Joel Margolis, Chairperson,. Victoria Caldwell, Pamela Gougian,
David Battistelli, Margaret O'Brien, alt. Kevin Andrews, alt.
Members Absent Jim Levasseur, Stefano Basso, alt
Others Present Leanna Harris, Zoning Board Administrative Assistant
Location 191 Cabot Street, 3rd. Floor, Council Chamber
Mr. Margolis began the meeting at 7:00 pm. and introduced the Board members present.
I. ORDER OF REMAND TO ZBA
Alexander & Femino on behalf of 68 Dane Street LLC
Original: 8.24.2017
In a petition for a request for a Finding /Special Permit to allow the substitution of the legally
pre- existing nonconforming twenty unit rooming house use with six new two bedroom units to
be constructed within the existing building footprint and for the most part within the existing
building envelope, except for a approximately 719 sq. ft. addition to the rear of the building
above the existing second floor flat roof. The property is located at 68 Dane street in the R -6
zoning district.
After hearing the evidence, the Superior Court seeks clarification from the ZBA within 60 days
on the questions below. The original voting members were Joel Margolis, Victoria Caldwell,
Pam Gougian, Jim Levasseur and Kevin Andrews. David Battistelli was present at the original
meeting and will vote in Jim Levasseur's absence. Mr. Margolis stated the purpose of the
Remand is to have the ZBA answer the five questions presented by the Court. Mr. Margolis
stated this Remand is not a public hearing, it is an agenda item and hearing new evidence or
reviewing plans would only open the door for a new hearing and /or appeals. The ZBA did not
hear from the attorneys present or the public.
Page I of 12
Questions Presented
1. Since parking space 6 cannot be accessed if parking space 5 is filled, would the ZBA still
approve:
MOTION: Ms. Caldwell moved to uphold their original decision and approve
the six parking spaces as submitted. Mr. Andrews seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
2. Where defendant 68 Dane Street, LLC's driveway is 111.5 feet long, the six spaces take up
108 feet of that and parking space 1 intrudes onto the public sidewalk by 1' /2 inches would
the ZBA still approve:
MOTION: Ms. Caldwell moved to uphold their original decision and approve
the six parking spaces as submitted. Mr. Andrews seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion caries.
3. What did the ZBA mean on Pg. 3 of its Decision by installing "(1) a cobblestone apron along
the driveway," what size is required and where would it be located:
MOTION: Ms. Caldwell moved to define a cobblestone apron as a 3 -5' section
of cobblestone beginning where the sidewalk meets the driveway and expanding
the width of the driveway. Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion caries.
4. How will the requirement at Pg. 3 of its Decision that "(5) the condo association will truck
the snow of the property" be made known to prospective buyers and enforced.
MOTION: Mr. Margolis moved to require the removal of snow be made a part of
the condo documents and recorded with the Registry of Deeds, enforced by the
Condo Association, subject to zoning enforcement from the Building Inspector.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion caries.
5. On or before September 6, 2019, defendant's architect will provide measurements on the
design plans 3C, 3 -5, 3 -6, 3 -7 and 3 -8 which will include the measurements of all interior
and exterior space. Given the second floor unit with a deck of 446 sq. ft. and interior space of
695 sq. ft., would the ZBA still approve? Given the third floor unit with interior space of
1,200 plus square feet, including 719 square feet of addition, and exterior deck space of 516
sq. ft., would the ZBA still approve?
Page 2 of 12
Ms. Caldwell stated she would like there to be a condition that the decks cannot be enclosed
into living space but is unsure how enforceable that would be. Ms. Gougian stated she would
like it noted that the Zoning Board would like to prohibit these decks from being enclosed in
the future should an application for a Special Permit come before the Board at a later time.
MOTION: Ms. Caldwell moved to uphold their original decision and approve
the units as submitted. Mr. Andrews seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
U. NEW PUBLIC HEARINGS
A. Scott Holden
In a petition for a request for a Special Permit to replace an existing shed roofed dormer in a left
side second floor bathroom with a full width gabled dormer on a nonconforming dwelling. The
property is located on 12 Lakeview Avenue in the R10 zoning district.
Scott Holden addressed the Board and stated he would like to replace an existing shed roofed
dormer and with a full gable on the second floor. The roof line is angled and he is looking to gain
interior headspace. The front and left side are nonconforming. Mr. Holden stated he is not
changing the footprint or the use of the structure.
Mr. Margolis stated it is a reasonable request and Mr. Battistelli stated it is a modest request. Mr.
Andrews stated it will enhance the appearance of the house, both visually and use wise. Ms.
Caldwell stated it's an attractive addition and meets all the criteria for a Special Permit.
No one spoke in favor or against.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to GRANT the Special Permit at 12 Lakeview Avenue
to construct a full width gabled dormer as it will not be more detrimental to the
neighborhood and meets all the criteria for a Special Permit, subject to the plans
submitted. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Page 3 of 12
B. Frank McClelland
In a petition for a request for a Special Permit to install wall and projecting signage at 112 -114
Rantoul Street in excess of the size and number of signs allowed by right. The property is
located at 112 -114 Rantoul Street in the CC zoning district.
Mr. McClelland addressed the Board and stated he is requesting approval for three exterior signs
projecting off of the building at 112 Rantoul Street. The Design Review Board has approved the
signage. The channel signage will be back lit, the blade sign will be internally illuminated and
the two round signs will not be lit. Ms. Gougian asked why there are two `Frank' signs and Mr.
McClelland explained it's a full service restaurant and a market so it will have two entrances, one
door to the restaurant and one to the market.
Ms. Caldwell stated the signs are very tasteful.
Mr. Margolis asked Mr. McClelland to clarify on the drawing which signs they are actually
approving.
Ms. O'Brien asked if he would consider constructing the blade sign from wooden or composite
and Mr. McClelland stated it is copper and explained how it is backlit.
Mr. Battistelli stated it is an attractive sign but he would prefer there was only one sign. Mr.
Andrews stated he would like to see a market be successful on Rantoul St.
Clarissa Smith, 116 Rantoul Street stated she is an abutter and Franks is her new view so she, is
concerned about light pollution. Ms. Smith requested to review the plans, specifically the north
corner. Ms. Smith asked what hours the signs would be lit and Mr. McClelland stated they will
be on a timer that will go off by 9:30pm, the last seating will be 9pm.
Jeff McGraw, 116 Rantoul Street stated he is also a neighbor and he is questioning the size of the
36" x 40" sign in relation to other signs in the area. There are a lot of signs on Rantoul Street
and he would like the ZBA to consider the size of the signs so it doesn't become Times Square.
Julia Means, 50 Rantoul Street stated she is really excited about this project.
MOTION: Ms. O'Brien moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
Ms. O'Brien asked Mr. McClelland if he would consider removing the top sign on the north
elevation so that it would be less bright for the abutters. Mr. McClelland clarified that the sign
she is referring to is not illuminated.
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Ms. Gougian stated the picture doesn't really show what the building will look like
with the blade sign lit up and she still thinks it is too many signs. Ms. Gougian, asked for
clarification on the size of the lettering.
MOTION: Ms. Caldwell moved to GRANT the Special Permit to approve the signs, as
submitted and approved by the Design Review Board.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
AMENDED MOTION: Ms. Caldwell moved to condition the Special Permit for the
illuminated signage to be turned off at 9:30pm. Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
C. Thomas Grondin
In a petition for a request a Special Permit to expand an existing bedroom over an existing 1 -car
garage which extends 3.4' into the required side yard setback of 15'. The property is located at
177 Essex Street in the R10 zoning district.
David Jaquith, Architect addressed the Board on behalf of Mr. Grondin and stated they are
expanding an existing bedroom over an existing one car garage. The existing structure is
nonconforming. Mr. Jaquith reviewed the plans and stated the present building has sloped
ceilings and they are looking for more space. They are taking the roof off the garage, turning the
gable the other way and adding a level. It will stay within the current footprint.
No one spoke in favor or against.
Mr. Battistelli stated they aren't encroaching any closer to the neighbors at 179 Essex Street, the
rendering doesn't show huge windows on that side and the neighbor's driveway is on that side.
MOTION: Ms. Caldwell moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the Special Permit at 177 Essex Street to
expand an existing bedroom over an existing garage within the current footprint finding it
meets the criteria for a Special Permit and will not be more detrimental to the
neighborhood, subject to the plans submitted. Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
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11' I J f
D. Joseph Boudreau
In a petition for a Special Permit to rebuild the existing second floor extending 19.6' into the
side setback of 20'. The expansion of the second floor is less than 50% of the required minimum
side yard setback. The property is located at 10 Cox Court in the RMD zoning district.
David Jaquith, Architect addressed the Board and stated this building was used as a rental office
and now they are looking to make it into a single residential space with two bedrooms and a
bathroom on the second floor and an open first floor. There will be a metal roof and there will be
two parking spaces in the adjacent lot. The footprint will not change.
Mr. Andrews stated the design looks like an improvement and will not add additional density.
No one spoke in favor or against.
MOTION: Ms. O'Brien moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the Special Permit at 10 Cox Court to
rebuild the existing second floor extending 19.6' into the side setback of 20' with the
expansion of the second floor being less than 50% of the required minimum side yard
setback, finding it meets the criteria for a Special Permit and it is not more detrimental to
the neighborhood, subject to the plans submitted. Ms. O'Brien seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
E. Syed Bukhari
In a petition for a Special Permit for an accessory apartment on the ground floor within existing
dwelling. The property is located at 90 Conant Street in the R10 zoning district.
Syed Bukhari addressed the Board and stated he is looking to create a two bedroom accessory
apartment on the ground floor. There is no exterior construction, just interior remodeling. Mr.
Bukhari has yet to move in. It has a separate entrance but looks like a single family. Mr.
Bukhari's daughter Sana Bukhari will live in the in -law apartment.
Mr. Margolis explained the guidelines for an in law apartment.
Glenn Terry, 13 MacArthur Road stated he would like to know who the owner of the house is
because the name on the notice is not the same name that is listed on the taxes. Mr. Terry would
like to know who is going to enforce the in -law apartment and stated he is against it being a two
family. Mr. Terry stated the current driveway shouldn't be there.
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Ms. Caldwell asked Mr. Bukhari when he purchased the house and Mr. Bukhari stated in 2018.
Ms. Caldwell stated sometimes it takes time for the tax records to reflect the current owner.
MOTION: Mr. Andrews moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Ms. Gougian asked for clarification on the plans and stated there isn't much submitted. Ms.
Gougian asked if the bathroom is already there and Mr. Bukhari confirmed.
MOTION: Mr. Andrews moved to GRANT the Special Permit at 90 Conant Street to
create a ground floor accessory apartment within the existing dwelling to be used by his
daughter, finding it meets the criteria for a Special Permit and it will not be more
detrimental to the neighborhood, subject to the plans submitted. Mr. Battistelli seconded
the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
F. Jeffrey and Lisa Drinkwater
In a petition for a Special Permit to add a second level to existing nonconforming dwelling and
add a 2 -story addition at front of house. Front addition will be 5.2' closer to front property line,
with an 8.5' setback where 20' is required. The property is located at 23 Bates Park Avenue in
the R10 zoning district.
Jeffrey Drinkwater addressed the Board and stated they have a small cape home and are looking
to add a second level for their growing family. The house is nonconforming on 3 sides.
Mr. Battistelli stated the design is very attractive.
No one spoke in favor or against.
Ms. Gougian asked if this will be one of the higher houses on the street and Mr. Drinkwater
stated his next door neighbor is at a comparable height.
Mr. Andrews asked for confirmation that they are going up a level and coming forward. Mr.
Drinkwater confirmed and stated they are coming forward within the existing covered area.
Mr. Andrews stated the front elevation design looks like a rear elevation, it doesn't look like the
front of a house anymore. Mr. Drinkwater stated they will be entering the house from the
driveway.
Mr. Andrews asked if they considered replacing the entire structure versus this renovation. Mr.
Drinkwater stated they did and it was going to be more money due to first floor renovations and
Page 7 of 12
a new foundation. There is also a pool outback.
No one spoke in favor or against.
MOTION: Ms. Caldwell moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT a Special Permit at 23 Bates Park Avenue
to add a second level to existing nonconforming dwelling and add a 2 -story addition at
front of house where the front addition will be 5.2' closer to front property line, with an
8.5' setback where 20' is required, finding it meets the Special Permit criteria and it is not
more detrimental to the neighborhood, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
G Patrick and Melissa Loerch
In a petition for a request for a Special Permit to construct a rear deck with a rear setback of
10.3', where 25' is required. The height of the new deck will not exceed 25 ". The property is
located at 2 Penny Lane in the R10 zoning district.
Patrick and Melissa Loerch addressed the Board and stated they are requesting to expand their
existing deck, the height will remain the same. They would like to add steps on each side. They
have included signed letters from direct abutters in favor. Mrs. Loerch stated they just want to
enjoy their backyard.
Susan Kuppens, 14 Hale Park Avenue asked how far from the fence behind them will the deck be
and stated she is concerned that it will set precedent for other homes in the area that are already
close to the setbacks. Ms. Kuppens asked if the neighbor behind their yard is in favor and Mrs.
Loerch stated they have a signed letter. Ms. Kuppens suggested putting a deck on the side of
their home. Ms. Kuppens requested there be a condition to not have a roof or enclose the deck.
Mr. Battistelli stated he is more concerned when people have 4' and 5' high decks.
Ms. Caldwell read into the record letters in opposition submitted by Matthew and Helen Lewis
(99 Bisson St.) and a letter from David D'ntremont (106 Bisson St.).
MOTION: Ms. Caldwell moved to close the public hearing.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
Page 8 of 12
MOTION: Ms. Caldwell moved to GRANT the Special Permit at 2 Penny Lane to
construct a rear deck with a rear setback of 10.3, where 25' is required. The height of the
new deck will not exceed 25 ", finding it meets the criteria for a Special Permit and will
not be more detrimental to the neighborhood, subject to the plans submitted. Plans to
cover or enclose the deck would require additional approval.
Ms. O'Brien seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
H. Roger Tremblay
In a petition for a Special Permit to construct an accessory apartment within the existing
dwelling. The property is located at 29 Hathaway Avenue in the R15 zoning district.
Roger Trembly addressed the Board and stated he is requesting to convert the existing 3 -car
gargge into an in -law apartment for his elderly father. The garage door on the right will remain a
garage. There will be a bay window where the left garage door is.
Mr. Andrews asked where the plumbing will be and Mr. Tremblay stated it is going to be right
next to the existing plumbing.
David Gelineau stated he is a neighbor and Mr. Tremblay keeps his house impeccable and he is
in favor of this project. The house is set back from the street.
MOTION: Ms. Caldwell moved to close the public hearing.
Mr. Andrews seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Mr. Andrews stated it is pretty straight forward and Ms. Caldwell stated it meets the criteria for a
Special Permit.
MOTION: Mr. Andrews moved to GRANT a Special Permit at 29 Hathaway Avenue to
construct an inlaw apartment for Mr. Tremblay's father within the existing structure
finding it meets the criteria for a Special Permit and will not be more detrimental to the
neighborhood, with the understanding that once the family member ceases to live there
the accessory use goes away, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
I. Lomas Law LLC
In a petition for a Variance to subdivide existing lot into two lots, each with insufficient frontage
and area. The property is located at 7 Porter Terrace in the R10 zoning district.
Page 9 of 12
1'� Mile
Eric Lomas, Esq. (Lomas Law LLC) addressed the Board on behalf of Brian Marks and stated
they are looking to split the lot into two lots. The new lots will lack the required frontage and lot
area. The existing dwelling will lack the side setbacks. They are looking for dimensional relief.
Mr. Marks purchased the property in January 2018 and he has gone before the Planning Board
and Conservation Commission to improve Livingston Avenue. They were looking to create 3
single family homes on 10,000 sq. ft lots and after meeting with the Planning Department and
neighbors that was not a preferable plan for that land. They are now looking to split the front
portion and leave the back portion as is. The lots in that area are all around the same size.
Mr. Battistelli asked if the lots were all purchased at the same time and Atty. Lomas confirmed.
Ms. Gougian asked if they are bringing the lot line closer to the house and Atty. Lomas clarified
on the plans.
Mr. Margolis asked them to address the hardship. Atty. Lomas stated the hardship is the size and
shape of the lot, there is a lot of land without adequate frontage and the back lot is all filled with
ledge.
Mr. Marks submitted letters from neighbors in support of the project.
Debra McLaughlin, Porter Terrace stated she is two houses down from where they are proposing
the new house. She is concerned about (blasting) the ledge removal that would need to happen
to build on that lot. Ms. McLaughlin stated older neighbors have said there was fly ash dumped
in that area and so she would like to see testing done. There are a lot of children and elderly in
that neighborhood. There are flooding issues and so she suggests the house be required to have a
French drain and a sump pump to direct water away from their houses.
Mr. Marks stated they would construct on a slab, they wouldn't be removing ledge to create an 8'
basement.
Damien Nisula, 5 Porter Terrace stated he lives next door to the right. Mr. Nisula stated the
applicant has other viable options, they are creating their own hardship. The Planning Board
gave them options and they are choosing not to go with them.
MOTION: Mr. Andrews moved to close the public hearing.
Ms. Caldwell seconded the Motion.
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews)
Motion carries.
Mr. Andrews stated dividing the lot will make the lots similar to the lots around it. Mr. Battistelli
stated he doesn't feel like they need to do this all over Beverly, they don't need to fill in all areas.
Ms. Caldwell stated she doesn't have an issue with this request. The Planning Department will
make the final decision as to whether it gets subdivided, the ZBA just gives the Variance.
Page 10 of 12
MOTION: Ms. Caldwell moved to GRANT the Variance at 7 Porter Terrace to reduce
the dimensional requirements of the lot to two 5,300 sq. ft. lots, each with insufficient
frontage and area and provide relief from dimensional requirements finding a hardship
exists due to the size of the lot relative to those of its neighbors and the ability to have the
highest and best use of the lot, subject to the Plot Plan submitted and finding that meets
the criteria for a Special Permit. Mr. Andrews seconded the Motion.
Votes in Favor 4 (Margolis, Caldwell, Gougian, Andrews)
OOpposed 1 (Battistelli)
Motion carries.
J. Mai Phung, Architect
In a petition for a Special Permit to change the rear section of a hip roof to a gable framed roof
on a non - conforming structure. New roof will be no closer to lot lines than the existing structure.
The property is located at 20 Mason Street in the RMD zoning district.
Mai Phung, Architect addressed the Board and provided plans for them to review. The roof line
is a hip roof with two dormers in the front and one in the back. They are proposing to remove
the rear dormer and create a gable roof to provide access to the second floor.
No one spoke in favor or against.
Ms. Caldwell asked how much higher the roof will be and Mr. Phung stated it will remain the
same. Ms. Caldwell stated the plans look nice. Ms. O'Brien stated it's a minimal change and she
is in favor of the plans. Mr. Battistelli stated he agrees it's a minim change.
MOTION: Ms. O'Brien moved to close the public hearing.
Mr. Battistelli seconded the Motion
Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
MOTION: Ms. O'Brien moved to GRANT the Special Permit at 20 Mason Street to
change the rear section of a hip roof to a gable framed roof on a non - conforming
structure. New roof will be no closer to lot lines than the existing structure, it satisfies the
criteria for a Special Permit, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien)
Motion carries.
Page 11 of 12
.
=� OTHER BUSINESS
Approval of August 28, 2019 ZBA Minutes (O'Brien)
MOTION: Ms. O'Brien moved to approve the Minutes from the August 28, 2019
meeting. Mr. Andrews seconded the Motion.
All in favor.
Motion carries.
MOTION: Mr. Margolis moved to adjourn the meeting at 10:35 pm.
Ms. O'Brien seconded the Motion.
All in favor.
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
Page 12 of 12