ZBA Minutes July 22, 2020City of Beverly
Zoning Board of Appeals
July 22, 2020 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, Pamela Gougian, David Battistelli, Jim
Levasseur, Margaret O'Brien, alt, Kevin Andrews, alt. Stefano Basso, alt.
Members Absent Victoria Caldwell
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 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 web site 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.
o Please remember to mute your phone or computer when you are not speaking.
o 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.
o 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. Jennifer Martyn d /b /a The Tile Source
In a petition for a Variance to allow for the location of her 6,348 s.f business involving tile
sales, design, storage of product and distribution of tile and other masonry flooring and wall
surface materials. The property is located at 32 Dunham Road in the IR zoning district.
Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he represents
Jennifer Martyn d /b /a The Tile Source and she has leased a 6,300 sq. ft. space at 32 Dunham
Road which is the old Salem News building. The building has existed for over 50 years and the
property is in the IR zoning district which allows manufacturing and processing of materials. It
also accommodates some uses that would be tough given its approximation to the single family
neighborhood. The building owner has been sensitive to that and feels this tenant's business is a
good fit for the neighborhood. Atty. Alexander stated they did meet with neighbors, including
close abutters and explained how the tile business works. Ms. Martyn has been in operation at
the Cummings Center with just herself, her husband and one employee. There is a showroom
where people can come in and look at samples and get design ideas. The whole building itself
has a 37,000 sq. ft. footprint that was designed for newspaper distribution and it does not lend
itself to many other uses. This is an industrial district that abuts, and is partly surrounded by,
single family homes. Atty. Alexander stated this is a use that would work well in this particular
situation.
Atty. Alexander provided a list and abutter map of abutters in support.
Atty. Alexander stated to not allow this use would create a hardship to the building, the owner
and the neighbors because this is business would be compatible with this area.
No one spoke in favor or against.
Mr. Margolis asked what the future plan is for signage for the entire building and Atty. Alexander
stated there are no plans at this time.
Mr. Andrews stated given this location a tile company would be a good choice. Mr. Margolis
agreed.
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Ms. Gougian asked how often there would be deliveries of tile. Atty. Alexander stated
they don't deliver before 8:30am or deliver past 5 -6pm. Ms. Gougian asked if there are four
different companies delivering tile will there be four different deliveries or if they come from one
distributor. Ms. Martyn stated they do have about 10 -12 deliveries each week but some days
there are may be 2 or 3 trucks and other days there are none. Ms. Martyn stated they do try to
consolidate deliveries.
Ms. Gougian asked Atty. Alexander how many tenants are in the building and how it is divided.
Atty. Alexander stated there are 12 units. A moving company is going in which is utilizing 3 of
those units, so there may be 3 additional tenants. Ms. Gougian stated she will take The Tile
Source into consideration for other companies looking to rent space that will also have deliveries
being made. The building owner elaborated on the breakdown of the units.
Mr. Battistelli stated he can understand how a meeting with the neighbors would have gone well
with this type of usage. Mr. Battistelli stated he is sensitive to the neighborhoods along Dunham
Road and he understands the importance of buffering these neighbors and this use seems like it
would have minimal impact.
MOTION: Mr. Levasseur moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
Mr. Battistelli stated he doesn't consider this property to be on 128 and he would not want this
Board to think of it that way.
MOTION: Ms. Gougian moved to GRANT a Variance to The Tile Source at 32
Dunham Road to allow the business involving tile sales, design, storage of product and
distribution of tile and other masonry flooring and wall surface materials, with a hardship
created by the size and location of this building where an enforcement of the zoning
ordinance would cause harm to the building owner and the surrounding neighbors,
subject to the plans submitted. Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
B. Jacob Lindmark
In a petition for a request for a Special Permit to construct a right side entryway and covered
porch, with a right side setback of 12.5', where 15' is required. The property is located at 16
Winslow Road in the R -10 zoning district.
Ken Savoie, Architect stated he is attending with Jake Lindmark and also Rebecca Barden from
his office. Mr. Savoie stated after discussions with Mr. Frederickson it was determined the deck
meets the side set back and could be built by right.
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The issue is the enclosed entry on the right side of the house. Currently there is
currently a deck on that side that will be removed and they will construct an enclosed entry way
approximately 6' off of the house and 15' long. It will have a covered porch and it will meet the
front setback, it will be 12' out from the side line. This change requires a Special Permit even
though it is reducing the nonconformity of the house.
No one spoke in favor or against.
Ms. O'Brien stated there is a lot of space on those lots and so she doesn't think the setback is a
problem, it will be a nice addition to the house and all the neighbors are in favor.
MOTION: Mr. Levasseur moved to close the public hearing.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, O'Brien)
Motion carries.
Mr. Battistelli stated the applicant is requesting minimal relief, the project itself will be helpful to
the neighborhood property values.
MOTION: Ms. Gougian moved to GRANT the Special Permit at 16 Winslow Road to
construct a right side entryway and covered porch, with a right side setback of 12.5',
where 15' is required, subject to the plans submitted. Ms. O'Brien seconded the Motion.
Votes in favor Margolis, Gougian, Battistelli, Levasseur, O'Brien
Motion carries.
C. Oliver Bejarano
In a petition for a request for a Finding to construct a vertical addition which conforms to the
height requirements, to a house which is presently nonconforming with respect to the front yard
and one side yard setback. The property is located at 14 Beckford Street in the RMD zoning
district.
Oliver Bejarano stated this is an attic renovation, there won't be any expansion to the general
footprint of the house. They are looking to replace the roof system with a system that allows for
additional square footage. It will remain a single family residence. The appearance of the front
of the house will be similar, it will be a front facing gable. Mr. Bejarano stated he has signatures
from all abutters as well as a written letter from 12 Beckford Street in favor of the project.
No one spoke in favor or against.
Mr. Andrews asked for more information on the roofing system.
Mr. Margolis asked what the height of the building will be and Mr. Bejarano stated 35'.
Ms. O'Brien stated Beckford Street is turning into a nice area as everyone is fixing up their
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houses. Ms. O'Brien asked if Mr. Bejarano has approval from his Gage Street abutter.
Mr. Bejarano explained the double lots and the layout of the abutting yards and stated it is not a
visual impact for the neighbors.
Ms. Gougian asked if the neighbors on Gage Street signed the petition and Mr. Bejarano stated
they did not.
Ms. Gougian stated there are some beautiful homes on Beckford Street that are in need of repairs
but they still maintain their architectural integrity and she asked if he is going to add or replace
the siding and the moldings. Mr. Bejarano stated they chose an architectural design to maintain
the visual appeal and they will be residing the entire house. They will have exterior window
casings.
Mr. Andrews stated keeping a pitched roof is a good idea, the addition doesn't stand out to other
houses at the streetscape side.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to Grant a Finding at 14 Beckford Street to construct a
vertical addition that conforms to the height requirements on a nonconforming house,
subject to the plans submitted. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
D. Robert Gulla o /b /o Ali Akanda & Sayema Hug
In a petition for a request for a Special Permit to construct a new garage addition in the space of
an existing nonconforming garage. New garage will be no closer to lot lines than existing garage
The property is located at 15 Princeton Avenue in the R10 zoning district.
Robert Gulla, Architect requested to withdraw the application without prejudice.
MOTION: Mr. Andrews moved to accept the request to Withdraw Without Prejudice the
application for 15 Princeton Avenue. Ms. Gougian seconded the Motion.
Votes in favor 5 -0 ( Gougian, Battistelli, Levasseur, Andrews, Margolis)
Motion carries.
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E. Glovsky & Glovsky o /b /o Nicholas and Jennifer Lamson
In a petition for a Special Permit and Finding to expand an existing nonconforming single
family dwelling by more than 25% in an R -90 zone. Applicant proposes to add 940 square feet
of living area over a new attached garage and existing deck area. The proposed expanded area
conforms to current setbacks. No new nonconformities are proposed. The existing dwelling and
lot are nonconforming as to front setback, frontage and lot area. The property is located at 5
Leather Lane in the R90 zoning district.
Michael Dissette, Esq. (Glovsky & Glovsky) stated the owner Nicolas Lamson as well as the
Architect Art Dioli are present. Atty. Dissette stated they are looking to expand a modestly
designed house that is presently 1,600 square feet to create additional living space up to 2,540 sq.
ft. which is over a 50% increase. The new footprint complies will all setbacks. The 3
nonconformities that require the Special Permit are the lot area (21,895 sq. Ft) in an R90 zone,
the 125' frontage where 225' is required and the front setback on the existing house is 11.7'
where 30' is required. The project itself is sensitive to the neighborhood in size and style and
they are not creating any new nonconformities. At the rear of the house will be a new deck and a
screened in porch. The applicants have reached out to all of the abutters and have received no
negative feedback. There are two letters included in the application from two of the immediate
abutters who support the project. The photos submitted also show the immediate abutter to the
right at 3 Leather Lane has a similar expansion on the other side of their property. They have
had their first meeting with the ConCom.
No one spoke in favor or against.
Mr. Margolis asked Mr. Frederickson if they are looking for both a Special Permit and a Finding.
Mr. Frederickson stated the Ordinance requires a Special Permit. Atty. Dissette clarified they are
requesting both a Finding and a Special Permit.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Battstelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT a Finding at 5 Leather Lane to expand an
existing nonconforming single family dwelling by more than 25% by building 944 sq. ft.
of living area with an attached garage and deck, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
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MOTION: Mr. Levasseur moved to GRANT a Special Permit at 5 Leather Lane to
construct an additional 940 square feet of living area over a new attached garage and
existing deck area, based on the plans submitted. Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso)
Motion carries.
F. Sign Art o/b /o 10 Congress Street Owners LLC
In a petition for a request for a Special Permit to install a freestanding sign for the Sedna
Apartment Building Project. The property is located at 12 Congress Street in the WDR zoning
district.
Andy Layman (Sign Art) addressed the Board and stated they do not yet have Design Review
Board approval. Mr. Margolis stated there was a lot of discussion on this request, the drawings
are not a true representation of what is being proposed and the Design Review Board asked them
to come back with a redesign.
MOTION: Mr. Andrews moved to GRANT the request to continue 12 Congress Street
to a later meeting with Design Review Board recommendation.
Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
II. MODIFICATION
A. 106 and 108 Bridge Street
Original Request In a petition for a request for a Variance to allow a side setback of 8 feet,
where 15 feet is required (existing building is 7.2 feet from the side property line) and a rear yard
setback of 15 feet, where 25 feet is required (existing garage, to be removed, is 8 feet from the
rear lot line) and a Finding to reconfigure the 2 existing nonconforming lots such that 108
Bridge Street (Lot A) is increased from 4,314 square feet to 6,153 square feet (Lot A -1) and 106
Bridge Street (Lot B) is decreased from 6,386 square feet to 4,548 square feet (Lot B -1) to allow
for an addition to the existing building at 108 Bridge Street to accommodate four residential
townhouse units, all having two parking spaces each, and a Use Variance to allow all of the
building to be residential use, without attachment to a commercial building. The property is
located at 106 and 108 Bridge Street in the CN zoning district.
David Cutler addressed the Board and stated this project was originally approved in September
2019. There was a couple of parking conditions on the original approval that were addressed last
year with the engineer. They have submitted minor revisions to the plans.
No one spoke in favor or in opposition.
Mr. Cutler stated they added outdoor space with porches on units 1 -4 and also a 7' deck on the
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right side of the property. Mr. Cutler stated they were unable to locate the window material
specified but they did find comparable Andersen windows. The exterior will remain the same,
just a different manufacturer.
Ms. Gougian asked Mr. Cutler what the specific modifications are.
Mr. Frederickson stated he has never seen the Board specify a manufacturer and that is not
something he would send them back before the Board for. The Board is more concerned with the
appearance regarding the porches and decks.
Mr. Battistelli asked if the square footage of the end unit is larger than before and Mr. Cutler
confirmed and stated the first floor did increase by 100 sq. ft.
Ms. O'Brien stated she is okay with the plans as Mr. Cutler has described them.
Mr. Andrews asked if the Board can condition the approval so that a door is added to the rear
elevation instead of requesting new plans. Mr. Frederickson stated that a condition would be ok
with him.
MOTION: Mr. Andrews moved to close the public hearing.
\Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to accept the proposal as a Minor Modification on
106 -108 Bridge Street with the condition that an egress is added to the rear elevation to
each unit from the garage, subject to the plans submitted.
Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
III. OTHER BUSINESS
Approval of May 20, 2020 ZBA Minutes (Andrews)
MOTION: Mr. Andrews moved to accept the Minutes from May 20, 2020 Zoning Board
of Appeals meeting. Ms. O'Brien second the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Gougian, Levasseur, Andrews)
Motion carries.
Approval of June 24, 2020 ZBA Minutes (Battistelli)
MOTION: Mr. Battistelli moved to accept the Minutes from June 24, 2020 Zoning Board
of Appeals meeting. Ms. O'Brien second the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Gougian, Levasseur, Andrews)
Motion carries.
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MOTION: Mr. Margolis adjourned the meeting at 8:43pm.
All in favor.
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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