ZBA Minutes June 24, 2020City of Beverly
Zoning Board of Appeals
June 24, 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.
Members Present Joel Margolis, Chairperson, Victoria Caldwell, Pamela Gougian,
David Battistelli, Jim Levasseur, Margaret O'Brien
Members Absent Kevin Andrews, alt., Stefano Basso, alt.
Others Present Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location Google Meet
Mr. Margolis began the meeting at 7:00 pm. and as a preliminary matter, stated the following:
Before beginning the meeting, I would like to announce that this meeting is being recorded by
the City of Beverly and livestreamed by BevCam on both Channel 99 and via BevCam's
YouTube channel. I am confirming that all members and persons anticipated on the agenda are
present and can hear me.
• Members, when I call your name, please respond in the affirmative.
• Staff, when I call your name, please r
• Anticipated speakers
This Open Meeting of the Zoning Board of Appeals is being conducted remotely, consistent with
Governor Baker's Executive order of March 12, 2020 due to the current State of Emergency in
the Commonwealth due to the outbreak of COVID-19.
In order to mitigate the transmission of the virus, we have been advised and directed by the
Commonwealth to suspend public gatherings, and as such, the Governor's Order suspended the
requirement of Open Meeting Law to have all meetings in a publicly accessible physical
location. Further, all members of public bodies are allowed and encouraged to participate
remotely.
The Order allows public bodies to meet entirely remotely so long as adequate alternative public
access is afforded so that the public can follow along with the deliberations of the meeting.
Ensuring public access does not ensure public participation unless such participating is required
by law. This meeting may feature public comment.
For this meeting, the Zoning Board of Appeals is convening by telephone and video conference
via Google Hangouts as posted on the City's website identifying how the public may join.
Please note that this meeting is being recorded and televised live, and that some attendees are
participating by video conference.
Accordingly, please be aware that other participants or viewers may be able to see and hear you,
and anything that you broadcast may be captured by the recording. You have the option to turn
off your video if you are participating via computer. All participants should keep their
microphones or phones muted unless recognized by the Chair to reduce background noise and
feedback. Please wait until the person speaking has finished before speaking so we can clearly
hear all participants.
Meeting Materials
Supporting materials that have been provided to members of this body are available from the
Building Department. Please contact Building Inspector Steve Frederickson to request
supporting materials. The public is encouraged to follow along using the posted agenda unless
the Chair notes otherwise.
Meeting Ground Rules
We are not turning to the first item on the agenda. Before we do so, I will cover some ground
rules for effective and clear conduct of our business and to ensure accurate meeting minutes.
The Chair will introduce each speaker on the agenda. After they conclude their remarks,
the Chair will invite Board members to provide any comment, questions, or motions.
• Please remember to mute your phone or computer when you are not speaking.
• You may mute yourself or be muted by the meeting host by clicking the micro-
phone mute /unmute icon, pressing the mute button on your telephone, or by press-
ing *6 on your telephone keypad.
• Please reserve the Chat function for technical difficulties and not for public com-
ment.
o Please remember to speak clearly and in a way that helps generate accurate min-
utes.
For any response, please state your name and affiliation before speaking.
Regarding public comment:
o After members have spoken, the Chair will afford public comment as follows:
• The Chair will first ask members of the public who wish to speak to iden-
tify their names and addresses only;
• One the Chari has a list of all public commentators, I will call on each by
name and afford 3 minutes for any comments.
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For those individuals present in person, please take care to speak loudly and clearly so the
microphone associated with the webcam or telephone can effectively broadcast your
comments to those participating remotely.
Finally, each vote taken I this meeting will be conducted by a roll call vote
MEETING MINUTES
L NEW PUBLIC HEARINGS
A. Alexis and Kash Abare
In a petition for a request for a Special Permit to construct an addition to a nonconforming
single family house. Addition will meet all setbacks but will be more than 25% of the area of the
existing house. The property is located at 20 Longmeadow Road in the R10 zoning district.
Alexis Abare stated they have met with the Conservation Committee about this addition and the
next step is to gain ZBA approval. They are adding a 2 -car garage with as master bedroom on top
and two additional bedrooms.
No one spoke in favor or in opposition.
Ms. O'Brien stated it seems to be a double lot and the house is situated towards the left and so
even though the percentage is larger than what is allowed there is still plenty of surrounding land.
Ms. Caldwell agreed.
Mr. Battistelli asked why the slope of the roof is so minimal and Ms. Abare stated they are going
for a more contemporary feel.
Ms. Gougian stated while she appreciates a contemporary style this design borderlines a doctor's
office. Ms. Gougian stated she is trying to look for architectural integrity that goes with the
design but it just looks like a basic flat roofed building and so she would like to have something
in writing from neighbors stating they are okay with the plans. Ms. Abare stated they don't have
anything in writing but they are close with their neighbors and they are really exited about it.
Ms. Caldwell stated the neighbors did receive notice of the meeting and so if they had an issue
with the design she would think they would be here. Ms. Caldwell stated she likes the design and
that it is well thought out. Ms. Abare stated the use of shingles was to help blend the structure in
with the neighborhood and the landscape plan they have discussed with the Conservation
Committee is quite beautiful with a lot of hydrangeas and rhodendrums.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli.
Votes in favor 5 -0 ( Battistelli, Levasseur Gougian, Caldwell, Margolis)
Motion carries.
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MOTION: Ms. Caldwell moved to GRANT a Special Permit at 20
Longmeadow Drive to construct an addition on the existing nonconforming home totaling
2,100sq ft. with 800 sq. ft. being the garage, subject to the plans submitted. Second by
Mr. Battistelli.
Votes in favor 5 -0 (Battistelli, Levasseur Gougian, Caldwell, Margolis)
Motion carries.
II. MINOR MODIFICATION REOUEST
A. Thomas Grondin
Original Request 9.25.2019 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 stated the revised floor plan is the same, it's just the ridge goes the other
way than what is on the plans. Mr. Jaquith stated a building permit was granted based on the
original plans, but the plans do not match what the Board originally approved.
Ms. Caldwell asked what the difference is and Mr. Jaquith stated the original gable went front to
back and now it goes left to right. The interior space is virtually the same.
Ms. O'Brien asked if the neighbors had feedback and Mr. Jaquith stated as far as he knows there
are no complaints. Mr. Frederickson confirmed.
Mr. Margolis asked what the height of the building is and Mr. Jaquith stated it is about 25'.
Mr. Margolis stated the Board needs to determine if this request is a minor modification.
No one spoke in favor or against.
Ms. Gougian questioned if this is something that the Board can do once a Special Permit is
granted based on the plans submitted. Mr. Frederickson stated the Board can determine if this is
a Minor Modification and then the Architect can revise their plans. If the Board does not vote
it's a minor modification then they will have to come back before the Board.
MOTION: Ms. Gougian moved to close the public hearing. Second by Ms. Caldwell.
Votes in favor 5 -0 (Battistelli, Levasseur Gougian, Caldwell, Margolis)
Motion carries.
Mr. Battistelli stated someday there will be a case where they have to come down hard on
someone but he feels this is a minor modification and it is acceptable to him. Mr. Margolis stated
he agrees as long as it does not encroach on sidelines or anything he doesn't have an objection
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MOTION: Mr. Battistelli moved to the Board to determine the new plans submitted are
a Minor Modification. Second by Mr. Levasseur.
Votes in favor 5 -0 (Battistelli, Levasseur Gougian, Caldwell, Margolis)
Motion carries.
III. CONTINUED PUBLIC HEARINGS
A. 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 17', where 20' is required. The property is located at 16 Harrison Avenue in the
R10 zoning district.
Mr. Margolis read the request dated June 18, 2020 from Mr. Mancini requesting a continuance to
the September meeting.
No one spoke in favor or against.
Mr. Battistelli stated he has concerns with the lack of communication from the applicant with the
building department.
The Board discussed the length of time this application has gone on. Ms. Caldwell suggested
that this be the last approved continuance and she would like the abutters noticed and have
access to the plans prior to the hearing.
MOTION: Ms. Gougian moved to close the public hearing. Second by Mr. Levasseur.
Votes in favor 5 -0 (Battistelli, Levasseur Gougian, Caldwell, Margolis)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the continuance at 16 Harrison Avenue
provided that it is the last continuance granted on this matter, contingent on the petitioner
providing a copy of the revised plans in a PDF to the Building department, two weeks
prior to the hearing so abutters may review and abutters will be sent updated notices of
the September 2020 meeting. Second by Mr. Margolis.
Votes in favor 5 -0 (Battistelli, Levasseur Gougian, Caldwell, Margolis)
Motion carries.
IV. OTHER BUSINESS
Approval of May 20, 2020 ZBA Minutes (Andrews)
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MOTION: Mr. Margolis moved to adjourn the meeting at 7:51 pm.
Second by Ms. Gougian.
All in favor.
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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