Loading...
ZBA 3-27-24 t CITY of BEVERLY CITY OF BEVERLY Zoning Board of Appeals RECEIVED AND RECORDED March 27,2024 at 7:00 pm CITY CL£RK'S OFFICE �o -•8 P 2: 41 These minutes are not a verbatim transcript of the public hearing of the Boar of Appeals. 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 7:02pm and introduced the Board members present. I, EXTENSION REQUEST Alexander&Femino o/blo Watts Street,LLC Original Request: requests a Variance to construct a 3 unit dwelling on a presently vacant lot that had a 3 unit building which burned down. The lot has 5,076 sq. ft. of area and 50' of frontage where present zoning provides 65' of frontage and 12,000 sq. fi of area.The proposed building would be located approximately on the same location as the destroyed building with a front yard setback of 8.4' where present zoning provides for a 20' front yard setback. The property is located at 19 Simon Street in the RMD zoning district. Extension Request: l year extension to April 26, 2025 Tom Alexander, Esq. (Alexander&Femino) addressed the Board on behalf of the applicant and stated they are here seeking a one year extension to a Variance. The applicant had to replace their current architect and that prolonged their timeline. The new architect has made slight changes to the building but they weren't ready to come before the Board for a minor modification. Mr. Cosmas stated under statute the Board is limited to a 6-month extension. Atty. Alexander stated in the past this Board has granted 1-year extensions and so he thought he would request the same. Mr. Cosmas asked if he would amend the request to a 6-month extension and Atty. Alexander agreed. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas, Farinella, Rivera, Meisenhelter). Motion carries. MOTION: Mr. Cosmas moved to GRANT the request for an Extension of the Variance for 19 Simon Street for an additional six months, subject to the plans submitted. Ms. Rivera seconds the Motion. Votes in favo: 5-0 (Andrews, Cosmas,Farinella,Rivera Meisenhelter) Motion carries. II. CONTINUED PUBLIC HEARINGS Glovsky& Glovsk o/b/o Amanda J. Stratton Kirk request a Variance and a 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) addressed the Board and stated to clarify,this application was continued from February's meeting and has since eliminated the need for a Variance. The applicant has submitted new plans that meet the dimensional requirements. However,they are still here before the Board to request a Special Permit/Finding. The Kirk's bought this house in 2012. They have two small children in Beverly's schools and are active in their community. They are a young family in a neighborhood that they love,but they are running out of space in their current 1,300 sq. ft. home. The property is located off of Parramatta.Road and zoning relief is commonly requested in this area. Atty. Walsh stated that this application was first submitted to this Board requesting rear relief. Those original plans resulted in serious concern from their closest abutters. The Kirk's opted to amend their plans and have eliminated the need for a Variance. Everything now fits within the building envelope on the property. The project has support from the neighbors and letters in favor have been submitted. The construction will result in a home that is inn proportion to other homes in the neighborhood. The plans also relocate their driveway from the intersection to the Pearl Street Ext. which results in safer excess to and from the property. Phi ' Thornton 3 Foster Drive stated the new plans are beautiful and they are thrilled for them. Debra Zelano, 9 Lake h re Dri rye stated she lives right across the street from them, she has seen the plans and believes that the style of the house will blend in nicely with other houses in the neighborhood. Mary Lobelo,22 Pearl Street Ext, stated she has seen the plans and thinks they fit in with the neighborhood and she hopes it is approved. Mr. Andrews stated he noticed that the houses have narrow or no trim on the windows and he thinks it makes houses look less friendly. Mr. Kirk stated they haven't gotten to that stage of design yet. Mr. Barone stated he thinks the design looks great and he appreciates that they have redesigned the plans within the setbacks. Mr. Barone stated they do have a tricky lot. Page 2 of 10 MOTION: Mr. Farinella moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews,Barone,Farinella,Rivera,Meisenhelter). Motion carries. Ms. Meisenhelter asked for confirmation that they do not need a variance for the demolition and Mr. Butler confirmed. MOTION: Ms. Meisenhelter moved to GRANT a Finding at 19 Pearl Street Ext. that the plans are not substantially more detrimental to the neighborhood than what presently exists, subject to the updated plans submitted. Mr. Barone seconded the Motion. Votes in favor: 5-0 (Andrews,Barone,Farinella,Rivera,Meisenhelter). Motion carries. IIL NEW PUBLIC HEARINGS Kristen Poulin o/b/o 12 Tozer Self Storage Holdings,LLC request a Special Permit to install a permanent free standing sign and to install a banner on the facade of the building for a period of 2 years as well as a Special Permit for 3 additional window signs/logos located at the 2nd floor windows. The property is located at 12 Tozer Road in the IR zoning district. Chris Koeplin(Beverly Crossing) addressed the Board and stated six months ago this Board approved a change of use for this building from an office use to self-storage. Mr. Koeplin stated that they are here tonight to seek approval to install a free-standing sign on the street, a marketing banner on the building and three additional window graphics. They have received Design Review Board approval earlier in March. Mr. Barone stated even with the Design Review Board's unanimous recommendation, it was a very well received application, the only questions dealt with the number of window signs. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews,Cosmas,Farinella,Rivera,Meisenhelter). Motion carries. Mr. Cosmas stated it is significant that the Design Review Board unanimously approved it and it makes sense that they be able to advertise the new storage facility. MOTION: Mr. Farinella moved to GRANT a Special Permit at 12 Tozer Road to install a permanent free standing sign and to install a banner on the facade of the building for a period of 2 years as well as a 3 additional window signs/logos located at the 2nd floor windows. Ms. Rivera seconded the Motion. Page 3 of 10 Votes in favor: 5-0 (Andrews, Cosmas, Farinella,Rivera,Meisenhelter). Motion carries. Lisa Vecchio and Jeanne Johnstone request a Special Permit and a Variance to construct a new, 2-story addition on the rear of the home and construct a new, 2-car detached garage in the side yard setback. The addition exceeds 25% of the current square footage. The property is located at 16 Corning Street in the R10 zoning district. Brian Stein,Architect addressed the Board on behalf of the applicants and stated that they have a nonconforming house on a nonconforming lot. The Special Permit request is for the addition to the house and the Variance request is for the proposed garage. They recently purchased the home last fall and are looking to add square footage to gain a better configuration and a bedroom. The existing home is nonconforming on both sides,the addition will not increase the nonconformity on the north side. The proposed addition is behind the house and won't be seen from the street. The existing garage is behind the house but it can't fit a modern car inside so they would like to remove it and construct a 24'x24' garage but at the same time,not take up their entire backyard. The proposed garage would be 11.2' off the setback. This is one of the narrower lots in the neighborhood Mr. Andrews asked what the hardship is and Mr. Stein stated the narrow shape of the lot. Kent BarclU, 18 Cominget, stated he lives next door and hadn't seen the plans until this evening prior to the meeting. Mr. Barclay stated the rear extension would affect their view, as their bedroom is in direct view of where they are proposing to build. Mr. Barclay stated the land between the two driveways has significantly sized pear trees and he is concerned with the construction that branches may be broken. Mr. Barclay stated he is also concerned with the noise and significant disruption during construction. The plans show I V between the two properties. W. Barclay stated their fence goes two feet onto the applicant's property due to trees on the property that would have had to be cut down in order to make the fence straight. Mr. Barclay stated he would like to propose a permanent easement so they can continue to have that 2' and not lose those trees. Mr. Barclay stated they object to this proposal until they can speak with a lawyer and the applicants. Mr. Cosmas stated an easement would have to be done between them and the neighbors. Mr. Cosmas stated it is unfortunate that the applicants didn't discuss the plans with them. Mr. Stein stated that side of the house is low just like the rear addition, it's not a full 2-story wall facing the neighbors. Mr. Andrews asked if they would like to request a continuance or would they like the Board to discuss. Mr. Barone stated. notwithstanding that the house will be outside the bounds of what is there,but given the concerns of the neighbors it may be worth having a conversation with them. Page 4 of 10 Mr. Cosmas stated a Variance requests special relief from the bylaws and agreed that the applicants should speak with their neighbors. It seems like more time might be a good idea for all concerned. Mr. Stein stated the side they are adding on to is fully conforming and so they can do the addition without the Special Permit. Ms. Rivera stated she would hate the Board to make a decision based on something they could have more information on next month. MOTION: Mr. Farinella moved to close the public hearing. Ms. Rivera seconded the Motion. votes in favor: 5-0 (Andrews, Cosmas, Farinella, Rivera,Meisenhelter). Motion carries. MOTION: Mr. Cosmas moved to GRANT a continuance for Ib Corning Street to the April 24,2024 zoning board meeting, subject to signing the Waiver and Agreement. Mr. Barone seconded the Motion. Votes in fayor: 5-0 (Andrews, Cosmas,Farinella,Rivera,Meisenhelter). Motion carries. Mark Burns and Carissa Burton as Trustees of the Burns/Barton Living Trust request a Special Permit to construct a 2nd story addition within the same footprint as first story, re-construct an addition in the side yard setback, and construct a new deck,partially in the side yard setback. The addition will exceed 25% of the current square footage. The property is located at I Clark Avenue in the R10 zoning district. Brian Stein, Architect addressed the Board on behalf of the applicants and stated there is an existing one story addition in the side yard setback. Part of that addition doesn't have a foundation under it. They are reconstructing and adding to it along the back of the house as well as adding a portion to the second floor,not extending further into the setback. They are continuing with the gambrel roof line and adding a bay window to the side addition. Mr. Stein stated that they would also like to add a deck to the back of the house. Mr. Cosmas asked if they have spoken to the neighbors and Mr. Burns confirmed. Mark Burns stated they have been there since April 2020 and they love the neighborhood. No one spoke in favor or against. Ms. Meisenhelter asked if they are tearing down the existing addition and Mr. Stein stated the portion built on piers will be removed and rebuilt on a foundation. Ms. Rivera stated this is a reasonable request. Mr. Andrews and Mr. Barone agreed. Page 5 of 10 MOTION: Mr. Barone moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews,Barone, Farinella, Rivera, Meisenhelter). Motion carries. MOTION: Ms. Rivera moved to GRANT a Special Permit at 11 Clark Avenue to construct a 2nd story addition within the same footprint as first story,re-construct an addition in the side yard setback, and construct a new deck,partially in the side yard setback. The addition will exceed 25% of the current square footage. Mr. Barone seconded the Motion. Votes in favor: 5-0 (Andrews,Barone,Farinella,Rivera,Meisenhelter). Motion carries. Alan Battistelli requests a Special Permit to add a 4.6"x 30' second story addition, partially within the right, east side yard setback of an existing nonconforming two family dwelling. The property is located at 17 Roundy Street in the RHD zoning district. Alan Battistelli addressed the Board and stated the 2 family house was purchased in 1982 and they are looking to add a 30' addition where 27' is by righl and 3' is what he needs a Special Permit for. No new nonconformities will be created. They are looking to put the laundry upstairs. Mr. Battistelli stated that met with the neighbor at 13 Roundy Street and he is in favor of the application and submitted a letter in support. No one spoke in favor or against. Mr. Andrews stated that the addition slopes away from the neighbor on that side. MOTION: Ms. Rivera moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas, Farinella, Rivera, Meisenhelter). Motion carries. MOTION: Ms. Rivera moved to GRANT a Special Permit at 17 Roundy Street to add a 4.6"x 30' second story addition,partially within the right, east side yard setback of an existing nonconforming 2-family dwelling, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas,Farinella,Rivera,Meisenhelter). Motion carries. Michael Broderick requests a Special Permit and a Variance to construct a new 2-story attached garage with an attached one bedroom 2-story in-law apartment with a single story entryway. The property is located at 4 Jacobs Avenue in the R10 zoning district. Page 6 of 10 Mr. Broderick addressed the Board and stated that they purchased the property in 2009. The original house sits on the property line and they are proposing to build a 2-car garage and also take advantage of the new ADU ordinance. They are adding more than 25% so they need a Special Permit. They are requesting a Variance due to the shape of the property. The ADU will be closest to Crescent Ave. Mr. Andrews asked how the ADU will be used and Mr. Broderick stated it will be for his mother n' law. Mr. Broderick stated he has signatures from the majority of their abutters in support of the project. No one spoke in favor or against. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas, Farinella, Rivera,Barone). Motion carries. MOTION: Mr. Cosmas moved to GRANT a Special Permit at 4 Jacobs Avenue to build an ADU and also a Special Permit for the 25% increase in volume, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas,Farinella,Rivera,Barone). Motion carries. MOTION: Mr. Barone moved to GRANT a Variance at 4 Jacobs Avenue to construct a new 2-story attached garage with an attached one bedroom 2-story in-law apartment with a single story entryway due to the shape of the lot creating a hardship, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas, Farinella,Rivera,Barone). Motion carries. Scott R.Dennis requests a Special Permit to construct a 981 sf second floor addition to be used as an Additional Dwelling Unit to the existing single family residence. The existing structure is currently nonconforming by way of the front setback at 27.1' where 30' is:required. The proposed addition will not be expanding the existing nonconformity. The property is located at 22 Temi Road in the R15 zoning district. John Lloyd addressed the Board on behalf of the applicant and stated that property is an existing single family home. The Dennis's have lived there for 28 years and their daughter lives with there with her three children. They are proposing to build on the existing footprint of the house and also extend the front of the house to construct a covered porch. The lot size is large, it is at the end of a cul de sac. They meet all the other setbacks. There is parking designated on the site plan. Page 7 of 10 A petition was submitted with abutter's signatures in favor. No one spoke in favor or against. Ms. Rivera stated it is a reasonable request and follows the intent of the ADU ordinance. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor: 5-0 (Meisenhelter, Cosmas,Farinella, Rivera,Barone). Motion carries. MOTION: Mr. Barone moved to GRANT a Special Permit at 22 Temi Road to construct a 981 sf second floor addition to be used as an Additional Dwelling Unit to the existing single family residence. The existing structure is currently nonconforming by way of the front setback at 27.1' where 30' is required. The proposed addition will not be expanding the existing nonconformity, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in favor: 5-0 (Meisenhelter, Cosmas, Farinella, Rivera,Barone). Motion carries. Wesley Simons and Da ana Brill Simons request a Special Permit/Finding to authorize,pursuant to Section 300-82 of the Zoning Ordinance, a change in the nonconforming use at 145 Lothrop Street from a 2-family residence with three off street parking spaces to a 3-family residence with five off street parking spaces. No modifications to the building footprint are proposed. To the extent required by Section 300- 85A of the Ordinance, Petitioners also seek a parking waiver to permit five parking spaces for three units,instead of six. The property is located at 145 Lothrop Street in the R10 zoning district. Miranda Siemasko,Esq. (Glovsky& Glovsky) addressed the Board on behalf of the applicants. Atty. Siemasko submitted letters in favor signed by 14 abutters including 3 of the 4 immediate abutters. Atty. Siemasko stated that the applicants are hoping to clean up an existing situation which includes a very ambiguous third floor apartment. The home has been effectively used as 3 units but is legally known as a 2-family. The applicants would like to reconfigure this large third unit so they can have a ground floor and basement unit to retire in and then maintain two smaller rental units. Atty. Siemasko stated that they are improving the parking situation as they have negotiated with their abutter to obtain an easement so they can legally park 5 cars there,which is one below the 6 required. Atty. Siemasko stated that because this is already a nonconforming use the Board has the Page 8 of 10 discretion to authorize the expansion to a 3-family from a 2-family use. The use will not be substantially more detrimental to the neighborhood than what currently exists. Mr. Cosmas stated that it looks like the request is expanding the nonconformity. Atty. Siemasko clarified it is permitted by way of a Finding. Atty. Siemasko stated that they would like the property to be legally recognized as a 3-family. Mr. Barone stated that he is concerned that this is a burdensome request where it is already a 2- family home in a single family neighborhood. Atty. Siemasko stated that it is an expansion of a nonconforming use which this Board is allowed to approve provided it is not substantially detrimental to the neighborhood. It is more beneficial to the neighborhood than what currently exists by making this situation legal and improving upon the parking. No one in spoke in favor or against. Mr. Simons stated that they are looking to age in place. They love their neighborhood and they won't be able to stay in Beverly otherwise. MOTION: Mr. Farinella moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor: 5-0 (Andrews,Cosmas,Farinella, Rivera,Meisenhelter). Motion carries. Mr. Barone stated that the voting members need to consider if this is an appropriate location. Mr. Andrews stated that a Special Permit doesn't mean an exception to a rule, it's a special way to get things done. Mr. Andrews stated these are large properties on Lothrop Street and multi- family residences in this neighborhood are appropriate by Special Permit. Mr. Andrews stated he feels it makes sense to move forward with this request. Mr. Cosmas stated that it doesn't seem like it will be detrimental, although he is concerned about the parking and backing out on to Hale Street. Mr. Farinella stated that what is proposed is improving the situation. MOTION: Mr. Farinella moved to GRANT a Special Permit/Finding at 145 Lothrop Street to authorize,pursuant to Section 300-82 of the Zoning Ordinance, a change in the nonconforming use at 145 Lothrop Street from a 2-family residence with three off street parking spaces to a 3-family residence with five off street parking spaces. Page 9 of 10 No modifications to the building footprint are proposed, subject to the plans submitted. Mr. Cosmas seconded the Motion. tes in favor: 5-0 (Andrews, Cosmas, Farinella,Rivera, Meisenhelter). Motion carries. MOTION: Mr. Andrews moved to GRANT a Special Permit/Finding at 145 Lothrop Street to the extent required by Section 300-85A of the Ordinance,Petitioners also seek a parking waiver to permit five parking spaces for three units, instead of six, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas,Farinella,Rivera, Meisenhelter). Motion carries. IV.OTHER BUSINESS A. Approval of February 28, 2024 Meeting Minutes (Andrews) MOTION: Mr. Andrews moved to approve the Minutes from the February 28, 2024 zoning Board meeting, as written. Mr. Cosmas seconded the Motion. Votes in favor: 5-0 (Andrews, Cosmas,Farinella, Rivera, Barone). Motion carries. MOTION: Mr. Andrews moved to adjourn the meeting at 8:45pm. Mr. Cosmas seconded the Motion. All in favor. Motion carries. Leanna Harris,Administrative Assistant Board of Appeals of the Zoning Ordinance Page 10 of 10