Loading...
ZBA 2-28-23 CITY of BEVERLY Zoning Board of Appeals £ICY OF AND RE E0 - ECEIVO February 28, 2023 at 7:00 pm 1`CIT ( C ERK OFFICE These minutes are not a verbatim transcript of the public hearing of lbdl]30 air&&Rpkl Reviews of these Minutes or outcome of the public hearing should include an examination of the Board's decision for that hearing. Members Present: Kevin Andrews, Chairperson,Will Cosmas, Cory Farinella, Kellie Rivera, Laura Meisenhelter and alternate member Mike Barone. Others Present: Jim Butler, Building Commissioner Leanna Harris, Administrative Assistant Location: Council Chambers City Hall, 191 Cabot Street, Beverly Kevin Andrews began the meeting at 7:00pm and introduced the Board members present. I. MODIFICATION REQUEST Jonathan Carlson Original Request.2115/2023: resubdivide 2 lots from the original subdivision. Lot A to have 8,046 sq. ft. of and 35 feet of frontage and Lot B to have 7,662 sq. ft of area and 85 feet of frontage, where the zoning ordinance calls for 10,000 sq. ft. of area and 100 feet of frontage. The new house to be built on Lot B conforms with all zoning setbacks. The property is located at 9 Kernwood Ave in the R10 zoning district. Modification Request: Owner seeks a minor modification to the building plans previously approved by the Beverly ZBA. Jonathan Carlson and his business partner Chris Carlson addressed the Board and stated that they are requesting a minor stylistic modification. They purchased the property in October 2023 and there were already plans approved by this Board. Mr. Carlson stated that the biggest change is the height of the structure which is increasing slightly over one foot. The roofline will be a front gable instead of a cross gable and window placement remains the same. Mr. Cosmas asked for confirmation that the footprint is remaining the same and Mr. Carlson confirmed and stated they are 2" smaller in one section. No one spoke in favor or against. MOTION: Mr. Cosmas moved to close the public hearing. Ms. Rivera seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas, Rivera, Farinella, Meisenhelter). Motion carries. Mr. Farinella asked what the heights of the surrounding buildings are and Ms. Rivera stated this property is in line with surrounding properties. MOTION: Ms. Meisenhelter moved to Find the request at 11 Kernwood Avenue is a Minor Modification. Ms. Rivera seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas, Rivera,Farinella, Meisenhelter). Motion carries. II.NEW PUBLIC HEARINGS Alexander& Femino o/b/o Mark and Ellen Cassola requests a Variance to allow the demolition of a legal pre-existing nonconforming garage having dimensions of 12'x2l',height of 13', setback from the side lot line of 6.2', occupying 25%of the side yard area and its replacement with a new garage that is 16'x2l', 16.8' in height, located 3' from the side yard lot line and occupying 33%of the side yard area where the zoning ordinance calls for a 15' side setback,height of 15' and side yard occupation by an accessory building of less than 25%. The property is located at 5 Dolloff Avenue in the R10 zoning district. Tom Alexander, Esq. (Alexander&Femino) addressed the Board and stated the applicants have owned the property since 1991 and are also lifelong Beverly residents. The existing garage is old and sagging and not in the greatest of shape. It is currently 21'x12' and they are proposing to expand the garage by 4' and replace it with a 21'x16' garage. Due to the location of a utility pole,they can't move the garage over in that direction, they have to move it closer to the lot line. Atty. Alexander stated the lot line is shared with a church parking lot and it doesn't impact anyone. The church minister has signed off in favor on behalf of the church. Dolloff Avenue takes a sharp turn at this property and the lot is an odd shape. The garage size is not conforming to what we normally think of for a garage today, it needs to be wider. The new garage will be 3' closer to the side lot line than the existing garage. Atty. Alexander provided a petition signed by neighbors in favor including direct abutters and neighbors across the street. No one spoke in favor or against. Mr. Cosmas asked if the applicants rebuilt the garage the same size would they still need a Variance. Atty. Alexander stated they would still need a Finding. Mr. Cosmas asked if the garage is still useable and Atty. Alexander stated it is not useable by today's standards. Ms. Rivera stated it is too narrow to open the doors and Atty. Alexander confirmed. Mr. Andrews stated it makes sense to him to make a modern sized garage for modern sized cars. Page 2 of 9 Mr. Barone stated it looks good and the shape of the lot alone is enough of a hardship but then you factor in the utility pole too. MOTION: Mr. Farinella moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in favor 5-0: (Barone, Cosmas,Rivera, Farinella, Meisenhelter). Motion carries. MOTION: Mr. Farinella moved to GRANT a Variance at 5 Dolloff Avenue to allow the demolition of a legal pre-existing nonconforming garage having dimensions of 12'x21', height of 13', setback from the side lot line of 6.2', occupying 25% of the side yard area and its replacement with a new garage that is 16'x21', 16.8' in height, located 3' from the side yard lot line and occupying 33% of the side yard area where the zoning ordinance calls for a 15' side setback,height of 15' and side yard occupation by an accessory building of less than 25%, subject to the plans submitted. The shape of the lot and the location of a utility pole create a hardship. Ms. River seconded the Motion. Votes in favor 5-0: (Barone, Cosmas, Rivera,Farinella,Meisenhelter). Motion carries. Judith Gnoza requests a Special Permit and a Variance to construct a 2nd story addition within the same footprint as first story as well as two dormers and a front porch. The addition will exceed 25% of the current square footage. The property is located at 14 Cliff Street in the R6 zoning district. Adam Schoenhardt(Architect) addressed the Board and stated the house is very small, it is the smallest house on the street. It has a side entrance,not on the street side. The footprint is so small,the living room has to be in the basement,the kitchen is very small and u-shaped. There are two very small bedrooms that only fit a bed, no furniture. The applicants are requesting a special permit to add a second level and two dormers. The entrance is located down a set of outside stairs on the side of the house and so they want to add a door to the front of the house with a 3 1/2 foot porch. The house is set back further from the street than the other houses. No one spoke in favor or against. The applicant provided letters in support of the application from abutters. Mr. Andrews asked if it is currently being rented and Mr. Schoenhardt confirmed and stated the owners are looking to move into it with their mother. Mr. Cosmas asked for information regarding the Special Permit that was attached to the application. Mr. Schoenhardt stated it had been requested just to get an idea of what was possible. The plans weren't really fleshed out. Page 3 of 9 MOTION: Ms. Meisenhelter moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas,Rivera, Farinella, Meisenhelter). Motion carries. MOTION: Ms. Rivera moved to GRANT a Special Permit at 14 Cliff Street to construct a 2nd story addition within the same footprint as first story as well as two dormers. The addition will exceed 25% of the current square footage and meets the criteria of a special permit, it will not adversely affect the neighborhood, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas,Rivera,Farinella,.Meisenhelter). Motion carries. MOTION: Ms. Rivera moved to GRANT a Variance at 14 Cliff Street to construct a small front porch due to the location and size of the property creating a hardship and a literal enforcement of the zoning ordinance will cause substantial detriment to the property, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in_fayor 5-0: (Andrews, Cosmas,Rivera,Farinella, Meisenhelter). Motion carries. Glovskv & Glovsky o/b/o Amanda J. Stratton Kirk requests a Variance/Finding to authorize the demolition of an existing single-family structure on a corner lot and construction of a new single-family structure with a rear yard setback of 15.1', where 25' is required. The property is located at 19 Pearl Street Extension in the R10 zoning district. Conor Walsh,Esq. (Glovsky& Glovsky)has submitted a letter requesting a continuance. MOTION: Mr. Cosmas moved to GRANT the continuance requested for 19 Pearl Street Extension to the March 27, 2024 meeting. Mr. Farinella seconded the motion. Votes in_favor 5-0: (Andrews, Cosmas,Rivera,Farinella, Meisenhelter). Motion carries. Beverly Commerce Park LLP requests a Special Permit to construct subsidized elderly housing building (as defined in Beverly Zoning Ordinance("BZO") 300-5)pursuant to BZO 300-43(C) (1)(a) and a Variance from BZO Section 300-43(D)(6)to construct a subsidized elderly housing building in excess of the allowed 35' in height(proposed approx. 50' in height). The property is located at 181 Elliott Street in the IG zoning district. Miranda Siemasko,Esq. (Glovsky & Glovsky) addressed the Board on behalf of the Cummings Center and introduced Michael Aveni (Project Architect) and Steve Drohosky(General Manager). Atty. Siemasko stated they are requesting relief for the use which requires a Special Permit in the IG zoning district. They are also requesting a Variance for the height to allow a 50' Page 4 of 9 high building where 35' is allowed. This project will also need to go before the Planning Department and the Design Review Board if approved tonight. It is a mixed-use property with over 70 acres including the two ponds. The building would be located along Balch Street and it would be a nice opportunity to frame the site on that side of Cummings Center. The IG zoning district does not have any setback or frontage requirements. The property is burdened by a 25' sewer easement in favor of the City of Beverly. The building would be set back due to this easement. Atty. Siemasko provided an overview of the proposed site including the parking. There will be 2 spaces provided for each unit. There will be 30 spaces parked under the building, below grade. Every unit will have at least one space in the designated lot that will be created during the planning process. Mr.Aveni provided an overview of how the building was designed and displayed renderings. There will be 50 units with 8 affordable units. They are looking to construct a mix of one and two bedrooms.' Atty. Siemasko stated the City has chosen, as a policy matter,to promote this use. The elements of the use are that 80% of the units are for owners over the age of 55. This demographic lines up with Elliot Landing which is mostly 55+. The affordable units will be for those making less than 80%of the median income. Cummings is estimating that the 1-bedroom units would have a market rate of$420k and the 2-bedroom units would be $644k. A 1-bedroom affordable unit would be $25lk,possibly lower and the 2-bedroom units would be$286k. The height Variance is needed due to the easement creating some constraints on the building as it is advisable to limit the disturbance of the soil on site. The building as proposed will be in good company with other buildings over 35' in height. Atty. Siemasko showed an overview of the height of the current buildings in Cummings Park and also the new middle school directly across the field from where the proposed building would go. The elements for the variance are demonstrated by the project and the relief can be granted without going too far from the zoning ordinance. There were ten letters submitted in support of the project. Tim Flaherty, 1 Michael R a (Beverly YMCA) stated this type of housing is vital to this community for those wanting to stay in Beverly. Karen Hopkins, 6 Echo A.yenue(School of the Deaf') stated she is in full support of this request. She hears day in and day out from the residents who are hard of hearing and have disabilities. She is excited to hear that 10% of these units will be for those with disabilities. Martin Scrivener, 43 Balch Strut stated he isn't against the building but he does have concerns. He is concerned about roof AC units and he is also concerned about the sun. They currently get Page 5 of 9 a lot of sun in their house right now. There is a narrow window that the sun may be blocked by the building. Mr. Scrivener stated they are concerned about external lighting and also what effect pile driving may have on their house, it is very old. Rick�Alp ern_ (Harbor Light Homes) stated he fully endorses this project. It is really hard to age in place in Beverly and its only going to get harder. This project is well thought out. Dane Pieksy,_8_Holly, Lan (Harbor Light Homes) stated any time there is opportunity to add to the housing stock, especially for seniors and affordable units, they have to stand up for that. This property can handle this project. a Green, 4 Long Bank Roadstated she is in support of this project. Housing is desperately needed and it looks like a lot of thought has gone into it. Brian 20 Center tr (Endicott College) stated he supports this project. Endicott is having a significant struggle recruiting and retaining employees who want to work closer to their houses. They are leaving their jobs for jobs in Boston because traffic is easier than getting to Endicott College. Brandy Johnson Green, 2 Arbella Drier,(Endicott College) stated she is in full support of the project and for the ability to age in place. David Burnham, 454 Cabot Strom stated he is concerned about the height and would not like it approved. Mr. Burnham stated he doesn't think its consistent with the neighborhood, it's too big. LauMn Dra Bal h Street stated they only moved here six months ago but she is so jazzed to support this project and give others the opportunity to live here too. She likes the way it's situated on the site and the proposed plans. Atty. Siemasko stated they have schematic plans right now but the Variance is important as to where the project goes moving forward. If the Variance is approved, a site plan including landscaping and lighting will be more detailed. Mr. Aveni addressed concerns that were raised from abutters. They picked this part of the site because there is a grade change making it the most logical place to put the building being the high part of the site. There will be significantly more green space. They pulled the building back from the sewer easement. Mr. Cosmas stated he commends them for taking a desolate area of the Cummings Center and turning it into something so beneficial for the community. It's a great project. Ms. Rivera asked for confirmation that only 8 of the units have to be affordable and Mr. Aveni confirmed and stated they are at 15%. Mr. Cosmas asked if a traffic study will be happening down the road and Ms. Siemasko stated Page 6 of 9 they will meet with the Parking and Traffic Commission to determine that. Ms. Siemasko stated the traffic impact with this use is minimal. The preliminary numbers are 169 weekday daily trips, a general office use would generate 740 weekday daily trips. Atty. Siemasko stated the height ordinance does not include mechanicals.Mr. Aveni stated there will be condenser units on the roof pushed towards the center. They are will be approximately 42"high. Mr. Farinella asked if there are any thoughts on solar panels. Mr. Aveni stated they will explore that down the road. Mr. Barone stated he really likes this project and he thinks it's phenomenal but he is concerned about the 2-bedrooms priced at$644k which doesn't really open up the housing market for middle ranged housing options. Mr. Barone asked if there is there any consideration for more than 15% of affordable units. Ms. Rivera stated she is also struggling with there only being 8 affordable units. Mr. Drohosky stated the prices being discussed tonight are theoretical and explained that they lose money on the 15% so they need to follow the market. Ms. Meisenhelter stated she will need to recuse herself. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in fao : (Andrews, Cosmas,Rivera, Farinella,Barone). Motion carries. MOTION: Mr, Farinella moved to GRANT a Special Permit at 181 Elliot Street to construct subsidized elderly housing building(as defined in Beverly Zoning Ordinance ("BZO") 300-5)pursuant to BZO 300-43(C)(1)(a) and subject to the plans submitted. Mr. Barone seconded the Motion. Votes in favor: 4-1 (Andrews, Cosmas, Farinella, Barone, Onn4sed: Rivera). Motion carries. MOTION: Mr. Barone moved to GRANT a Variance at 181 Elliott Street from BZO Section 300-43(D)(6) to construct a subsidized elderly housing building in excess of the allowed 35' in height(proposed approx. 50' in height), subject to the plans submitted. Mr. Cosmas seconded the Motion. Votes in favor: (Andrews,Cosmas,Farinella,Barone, 01212osed: Rivera). Motion carries. Bradford Rowell requests a Finding to replace an existing garage within the same footprint. The property is located at 693 Hale Street in the R15 zoning district. Bradford Rowell addressed the Board and stated the new garage will remain on the same footprint but they will gain the ability to have storage on the upper level. They are going to Page 7 of 9 construct an interior staircase which will make it a one car garage even though it will look like a 2-car garage. Mr. Andrews asked why a Special Permit is required and Mr. Butler stated because he is tearing the garage down and rebuilding it. Mr. Barone stated it is a nonconforming property. Mr. Andrews stated the design looks very nice. No one spoke in favor or against. Mr. Cosmas stated it seems like minimal relief requested,the applicant is just rebuilding the garage on the same footprint. Ms. Rivera stated it's a reasonable request. MOTION: Ms. Rivera moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas, Rivera, Barone, Meisenhelter). Motion carries. MOTION: Mr. Cosmas moved to GRANT a Special Permit at 593 Hale Street to replace an existing garage within the same footprint as it is in harmony with the zoning ordinance and it will not adversely affect the neighborhood, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas,Rivera,Barone,Meisenhelter). Motion carries. Michael Zanti and Jenna Gillies request a Variance to construct a front portico and rear mudroom renovation. Also requesting a Finding for front and rear dormer additions. The property is located at 60 Shortell Avenue in the R10 zoning district. Michael Zanti addressed the Board and stated the house was built in 1940 and they are looking to add front dormers, they will not change the ridge of the roof. The dormers would add light into the room and add room for a second floor bathroom. They are requesting a Variance for the rear mudroom that is in disrepair. It's very small and not practical so they would like to extend it. The house is on an L-shaped lot, there is nowhere to go with it. Mr. Andrews stated it sounds like the shape of the lot and the location of the house is the hardship. They are also looking to add a front portico. Mr. Zanti stated they received signatures from several neighbors in favor of the project. Page 8 of 9 No one spoke in favor or against. Mr. Barone stated he thinks this is great and he understands the issues they are having with the shape of the lot. There is nowhere on the lot they could build and the dormer looks great. Mr. Andrews stated he agrees with Mr. Barone that the dormer and the gables are a nice design. MOTION: Mr. Farinella moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas,Rivera, Farinella, Barone). Motion carries. MOTION: Mr. Barone moved to GRANT a Variance at 60 Shortell Avenue to construct a front portico and rear mudroom based on the unique shape of the property and the location of the existing structure creating a hardship. It is in general harmony with the zoning ordinance and will not adversely affect the neighborhood, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas,Rivera,Farinella, Barone). Motion carries. MOTION: Mr. Farinella moved to GRANT a Finding at 60 Shortell Avenue to construct a front portico, dormers and mudroom, subject to the plans submitted. Mr. Barone seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas,Rivera,Farinella, Barone). Motion carries. III. OTHER BUSINESS A. Approval of January 24, 2024 Meeting Minutes (Andrews) MOTION: Mr. Andrews moved to approve the meeting minutes from the January 24, 2024 Zoning Board of Appeals meeting, as written. Mr. Farinella seconded the Motion. Votes in favor 5-0: (Andrews, Cosmas, Rivera, Farinella,Barone). Motion carries. MOTION: Mr. Andrews moved to adjourn the public meeting. Mr. Cosmas seconded the Motion. All in favor. Motion carries. Leanna Harris,Administrative Assistant Board of Appeals of the Zoning Ordinance Page 9 of 9