ZBA Minutes 10.23.2019r
City of Beverly
Zoning Board of Appeals
October 23, 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 Victoria Caldwell, Vice Chairperson, Pamela Gougian, David Battistelli,
Jim Levasseur, Stefano Basso, alt. Kevin Andrews, alt.
Members Absent Joel Margolis, Margaret O'Brien, alt.
Others Present Leanna Harris, Zoning Board Administrative Assistant
Location 191 Cabot Street, 3rd. Floor, Council Chamber
Ms. Caldwell began the meeting at 7:00 pm. and introduced the Board members present.
I. NEW PUBLIC HEARINGS
A. Dunham Ridge, LLC
In a petition for a request for a Variance to decrease side yard setback to 10 feet from proposed
new building. The property is located at 50 Dunham Road in the IR zoning district.
Michael Aveni, Architect addressed the Board on behalf of the applicant and stated the subject
property is "44 Dunham Ridge ". Mr. Aveni stated when they bought the property there was only
one building (48 Dunham Ridge). Mr. Aveni provided an overview of the project as it stands
today and stated they have gone before the Planning Board, Conservation Commission and the
Fire Department and in June they received site plan approval to construct this building. Mr.
Aveni illustrated on the map where the access roads lead to. The original project was approved
without a Variance. Tonight they are requesting a Variance to push the building back 15' into the
setback. Mr. Aveni stated they aren't looking to enlarge the building or change the parking.
Moving the building back would help facilitate pedestrian access. There is a wooded buffer
behind the building that would remain. The site is greatly impacted by wetlands and the
associated buffer zones as well as a 20' grade change.
Mr. Aveni stated this request is not more detrimental to the property and area. The benefit of
relocating the building would be enhanced pedestrian circulation, safety and connectivity. It will
also allow them to add window wells to the lower level of the building for natural light and
ventilation. There will be no lights or parking behind the building.
John Mancini, 16 Harrison Avenue addressed the Board and stated he lives in Beverly and works
in Cambridge and he sees the impact of not having safe places for pedestrians to navigate.
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Mr. Andrews asked Mr. Aveni if he has a landscape plan and Mr. Aveni stated they do have an
approved landscape plan from the Planning Department.
Mr. Battistelli asked for more information on how moving the building closer to the hill would
allow for more windows. Mr. Aveni showed on the rendering where he will be able to build
window wells. Mr. Battistelli stated he is concerned about the City of Beverly's trees that will
overhang the property if they move the building back. Mr. Battistelli stated they will want to cut
the overhang to provide more lighting into the window wells.
Ms. Caldwell asked for confirmation that if the Variance is approved they will have to go back to
the Planning Department for site plan review and Mr. Aveni confirmed.
Ms. Caldwell asked Mr. Aveni to address the hardship for the Board. Ms. Gougian asked why
the Planning Board did not review the hardship that was submitted to the ZBA. Mr. Aveni stated
the site as a whole is challenged with significant topography changes and with significant
amounts of adjacent wetland areas.
Mr. Battistelli stated he loves the way the front of the building looks but questioned what would
happen if the Board only allowed them 17 feet and Mr. Aveni stated they would have to make
some adjustments.
Ms. Caldwell stated the Planning Department does not support this request.
Mr. Andrews and Mr. Levasseur are in agreement that moving the building back 10' is a big deal.
Mr. Aveni amended the request to 15' from the lot line.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Variance at 50 Dunham Road (Ridge)
to change the setback from the required 25' to 15', which is a modification from the
application, due to the topography of the lot creating a hardship, subject to the plans as
modified. Mr. Battistelli seconded the Motion.
Votes in favor 4 -1 (Battistelli, Gougian, Levasseur, Andrews)
Opposed 1 (Caldwell)
Motion carries.
B. Norma Morse
In a petition for a request for a Special Permit to construct a dormer on the front of a
nonconforming house within the current footprint. The property is located at 22 Liberty Street in
the R10 zoning district.
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Richard Accomando addressed the Board on behalf of the applicant and stated many of the
homes in the neighborhood are nonconforming. The applicant is looking to add a full length
dormer to the front of the home with two windows on top of the dormer.
No one spoke in favor or against.
Ms. Gougian asked for confirmation that this will be adding more living space in the front of the
house and asked if he plans to add a rear dormer. Mr. Accomando confirmed and stated the rear
of the home is already done.
Mr. Basso stated typically the Board doesn't like to approve a full length front dormer but they
have done a nice job designing it and using gable windows to break it up.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Basso seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, Andrews, Basso)
Motion carries.
MOTION: Mr. Basso moved to GRANT the Special Permit to construct a full length
dormer on the front of the house within the current footprint, the addition is not
substantially more detrimental to the neighborhood, subject to the plans submitted.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, Andrews, Basso)
Motion carries.
C. Angel Antonio Lopez
In a petition for a request for a Special Permit to allow the existing legally nonconforming 3-
unit building to be extended by dividing the first floor 4- bedroom unit into two 1- bedroom units,
dividing the existing second floor 4- bedroom unit into one 1- bedroom unit and one 2- bedroom
unit and dividing the existing third floor 4- bedroom unit into one 1- bedroom unit and one 2-
bedroom unit resulting in a total of six units within the existing building. The property is located
at 13 Beckford Street in the RMD zoning district.
Tom Alexander, Esq. (Alexander & Femino) submitted a letter requesting a continuance to the
November 26, 2019 meeting.
MOTION: Ms. Gougian moved to GRANT the request to continue the application to
the November 26, 2019 meeting, subject to signing the Waiver and Agreement.
Mr. Battistelli seconded the motion.
5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
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D. Mike and Stephanie Edsall
In a petition for a request for a Special Permit to construct a new open porch at the front of the
house. Porch will have a front yard setback of approximately 12.5', where 20' is required. The
property is located at 6 East Street in the R10 zoning district. IV
Brian Militania, Architect ( Militania Studios) and Mike Edsall addressed the Board and stated
the house is a 2- family home built in the 1850s. They are proposing to construct a covered front
porch that encroaches on the front setback. Previously there was a covered front porch that was
recently removed that went the length of the house. The Edsalls intend to age in place and they
would like a covered entrance to the house. The proposed porch keeps with the character of the
neighborhood, many houses have covered front porches that encroach into the setback.
No one spoke in favor or against.
Mr. Edsall provided a letter in favor from abutters at 3 East Street.
Mr. Edsall stated the front door needs to be replaced and so while he was replacing the door the
question came up as to why the door was warped in the first place. The covered porch will
prevent this from happening again.
MOTION: Mr. Levasseur moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Special Permit at 6 East Street to
construct an open covered front porch 12.5' into the setback, where a 20' is required,
subject to the plans submitted. Mr. Basso seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
F. John Mancini
In a petition for a request for a Variance to build a 2 -story garage with a height of 20' and with a
side setback of approximately 8.5', where 15' is required and with a front setback of
approximately IT, where 20' is required. The property is located at 16 Harrison Avenue in the
R10 zoning district.
John Mancini addressed the Board and stated it is an existing 2 -story home on an irregularly
shaped lot that is not typical to the neighborhood. Mrs. Mancini works from home and so they
are looking to create a separate home office space. The proposed addition will allow them to
continue to live in the home. They are unable to attach the garage since the home is older and
has a field stone foundation that would be very difficult and costly.
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Mr. Mancini provided 3 additional letters in favor from abutters.
Mr. Battistelli stated he is concerned about the living space above the detached garage. Mr.
Andrews agreed. Mr. Mancini stated he understands there may be concern that they would offer
the space as a short or long term rental but that is not their intent.
Mr. Andrews stated this is already a dense neighborhood and this proposed structure is large.
Pam Sweet stated she lives behind the applicant and agrees it is a very dense neighborhood and
there are many people who work from home. Ms. Sweet stated it doesn't make a difference if
Mrs. Mancini is working from home in a guest bedroom or over the proposed garage. Ms. Sweet
stated at this time, she would support the project but she is looking to the Board to apply the
guidelines as far as size and height.
Ms. Gougian stated she is concerned with the size of the garage and the amount of lot coverage.
The Board members discussed the height of the proposed garage and the zoning ordinance.
Julia Willwerth, 17 Harrison Avenue stated they live across the street from the applicant and she
is concerned that the garage will be too large, it is almost the same size as her home and it would
be going between two existing homes. Ms. Willwerth is hoping the applicants can get what they
are looking for but on a smaller scale. Ms. Willwerth stated she is also concerned that it could
turn into a rental.
Mr. Mancini requested a continuance to the November 26, 2019 meeting.
Mr. Battistelli stated if he was redesigning this he would have the side nearest their house go flat
with more of a salt box roofline. Ms. Gougian stated the garages in that area are more of a hip
roof.
MOTION: Mr. Andrews moved to accept the request to continue the application to the
January 2020 meeting, subject to signing the Waiver and Agreement.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, Andrews, Basso)
Motion carries.
G LightHouse Wine and Spirit /Cliff Ansara
In a petition for a request for a Special Permit to increase the maximum square footage of the
primary wall sign from 150 square feet to 210 square feet. The property is located at 144
Brimbal Avenue in the IR zoning district.
Andrew Layman (Sign Art, Inc.) addressed the Board and stated they are requesting a Special
Permit to increase the overall square footage of the primary wall sign to 180 sq. ft. as approved
by the Design Review Board.
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No one spoke in favor or against.
Mr. Andrews asked if there will be white behind the stars and Andrew clarified.
Ms. Gougian stated she thinks it all started with Whole Foods and all these signs are too big and
all the signs in the plaza should be on the same shut off time frame.
Mr. Battistelli asked if the sign will be higher than the existing signs on the other retail units.
Ms. Caldwell stated she thinks it looks nice and it looks better than the Loyal Companion sign.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Andrews seconded the Motion.
Votes in favor 5 -0 (Caldwell, Battistelli, Levasseur, Basso, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to Grant the Special Permit at 144 Brimbal Avenue to
increase the square footage of the primary wall sign to 180 sq. ft, subject to the plans
approved by the Design Review Board. Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Caldwell, Battistelli, Levasseur, Basso Andrews)
Motion carries.
H. Michael Magner o/b /o Prides 644 Hale St Realty LLC aka Prides Deli and Pizzeria
In a petition for a request for a Variance to extend delivery hours until 2:30 a.m. on Fridays and
Saturdays. This property is located at 644 Hale Street in the CN zoning district.
Michael Magner addressed the Board and stated at the last meeting he was given a 6 -month
probationary period that expired on October 3 without any issues. Mr. Magner stated they went
through all social media sites and revised their website to accurately reflect the hours. They
haven not been accepting orders after additional business after hours. Mr. Magner also met with
neighbors in the area and they are endorsed by Endicott College.
Mr. Magner addressed and fixed the issue with the back -up noise from their bread delivery truck
that was bothering the family next door.
Mr. Magner reviewed the abutters who were in favor at the last meeting.
Ms. Gougian asked if the police were called and Mr. Magner stated they weren't.
Doroth�Hayes, 680 Hale Street addressed the Board and asked happens to limit this Variance to
this restaurant and ownership only.
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MOTION: Mr. Levasseur moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Gougian, Battistelli, Levasseur, Andrews, Basso)
Motion carries.
MOTION: Mr. Andrews moved to GRANT the Variance at 644 Hale Street limited to
Prides Deli and Pizzeria only to extend delivery hours to 2:30 am on Fridays and
Saturday. Mr. Levasseur seconded the Motion.
Votes in favor 4 -1 (Gougian, Levasseur, Andrews, Basso)
Votes Opposed 1 (Battistelli)
Motion carries.
OTHER BUSINESS
Approval of September 25, 2019 ZBA Minutes (Battistelli)
MOTION: Mr. Battistelli moved to approve the Minutes from the September 25, 2019
meeting as written. Ms. Caldwell seconded the Motion.
All in favor.
Motion carries.
MOTION: Mr. Andrews moved to adjourn the meeting at 8:50pm.
Mr. Basso seconded the Motion.
All in favor.
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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