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ZBA 4-24-24 CITY of BEVERLY Zoning Board of Appeals April 24, 2024 at 7:00 prn These minutes are not a verbatim transcript of the public hearing of the Board 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, Cory Farinella, Kellie Rivera and Laura Meisenhelter. Members Absent: Will Cosmas, Michael Barone, aft. Others Present: Jim Butler, Building Commissioner Location: Council Chambers City Hail, 191 Cabot Street, Beverly Kevin Andrews began the meeting at 7pm and introduced the Board members present. I. MODIFICATION REQUEST Alexander & Femino olb/o 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. ft 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' frcnt yard setback. The property is located at 19 Simon Street in the RMD zoning district. Modification Request: lower the building height, slightly move window and front door location and add a handicap ramp to front door. Tom Alexander, Esq. (Alexander&Femino) provided an overview of the modification request. The updated plan provided shows the changes regarding the location of windows, the building is shorter and also a handicap ramp being added. No one spoke in favor or against. Mr. Andrews stated the request seems to be a minor modification and having a handicap ramp will help people in and out of the building. The window locations don't look much different. Ms. Rivera stated it looks like a shadow of what was previously submitted and she would be in favor of approving a minor modification. Mr. Andrews agreed. MOTION: Ms. Meisenhelter moved to close the public hearing. Mr. Farinella seconded the Motion Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Atty. Alexander stated the front door has moved a little bit to the right and upwards to accommodate a handicap ramp. MOTION: Ms. Rivera moved to Find the request to be a Minor Modification at 19 Simon Street, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Ms. Meisenhelter moved to GRANT a Minor Modification at 19 Simon Street finding that the change will not be substantially different from the plans originally approved, subject to revised plans submitted. Ms. Rivera seconded the Motion. Votes in Favor; 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. II. NEW PUBLIC HEARINGS Blerina Idrizi requests a Variance to add dormers on both sides of existing nonconforming house within the existing footprint and height. The property is located at 30 Williams Street in the R10 zoning district. Blerina Idrizi addressed the Board and provided an overview of the plans submitted and stated that the house is uninhabitable. Mr. Andrews asked how many bedrooms it currently has and Ms. Idrizi stated that currently there is one bedroom and an office. They are extending the existing dormer and adding another dormer to the other side. Ms. Idrizi stated currently there is water in the building. Mr. Andrews asked if they are looking to add a small addition and refinish the interior. Ms. Idrizi confirmed and stated that they are not changing the footprint. Mr. Andrews stated that the building is already nonconforming and that is the reason for the Variance request. Mr. Butler confinned. No one spoke in favor or against. Ms. Rivera asked if they spoke with their neighbors and Ms. Idrizi confirmed. Ms. Rivera stated that she is familiar with this neighborhood and that the proposed plans are similar with the neighborhood. Page 2 of 10 Mr. Andrews stated that the plans are within the existing footprint and on the roof. The proposal is going to make the house habitable and the applicant is investing in an uninhabitable structure which will be a benefit to the neighborhood. Ms. Rivera agreed. MOTION: Ms. Rivera moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in_Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Mr. Andrews asked how many bedrooms there will be once completed. Ms. Idrizi stated there will be 3 bedrooms, 3 bathrooms and an office. MOTION: Ms. Rivera moved to GRANT a Variance at 30 Williams Street to add dormers on both sides of existing nonconforming house within the existing footprint and height. A literal enforcement of the zoning ordinance would deprive reasonable use of the property within the nature of this family based neighborhood, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Christine Tierney requests a Special Permit/Finding to convert an existing 14'x24' attached garage into a 336 sq. ft. accessory dwelling unit. The property is located at 362 Elliot Street in the R-10 zoning district. Christine Tierney addressed the Board and stated that she has lived in Beverly about 4 '/z years. Ms. Tierney stated that her mother is very sick and currently living on the southshore. She is a 3 day a week dialysis patient and the ADU would make it possible for her to have treatment at home. The garage would be converted into a studio apartment for her with both a separate entrance and an entrance into the main house. There is no change to the footprint, the house or the height. Mr. Andrews stated that this change just requires a Finding and Mr. Butler confirmed and stated it is just for the use. No one spoke in favor or against. Ms. Rivera stated it is a reasonable request and it is exactly what an ADU is meant for. Mr. Andrews agreed and stated it's great to be able to bring family in and take care of them. MOTION: Mr. Farinella moved to close the public hearing. Ms. Rivera seconded the Motion. votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Page 3 of 10 Mr, Andrews asked what type of heat will be used and Ms. Tierney stated she will have gas run over to the ADU. MOTION: Ms. Meisenhelter moved to GRANT a change in use Finding that the request at 362 Elliot Street to convert an existing 14'x24' attached garage into a 336 sq. ft. accessory dwelling unit is not detrimental to the neighborhood, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. David and Susan Shawn request a Finding to enclose an existing 4'x4' landing and covered porch that is an unused third entryway. The property is located at 12 Boyden Avenue in the R-10 zoning district. Susan Shawn addressed the Board and stated that they have a very small kitchen and a little back landing. They are looking to enclose the existing landing that already has a roof and foundation so they are just looking to enclose the walls. The enclosure will allow them create a half bath and gain storage space in the kitchen. The builder referred to the pictures and showed the area where a stair case will be removed. The house has two other egresses and this landing is just unused space where they can gain an extra 16 sq. ft. No one spoke in favor or against. Mr. Farinella asked where on the footprint the other exits are and the builder clarified. The applicants provided letters from direct abutters in support of the proposal. MOTION: Ms. Rivera moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella,Rivera, Meisenhelter) Motion carries. MOTION: Mr. Farinella moved to GRANT a Finding at 12 Boyden Avenue to enclose an existing 4'x4' landing and covered porch that is an unused third entryway, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Mcisenhelter) Motion carries. Williams and Jennifer English request a Special Permit to construct a single story, 405 sq. ft. addition off the rear of existing nonconforming structure. The property is located at 14 Garfield Street in the R-10 zoning district. Page 4 of 10 Jennifer English addressed the Board and stated that the home is under 900 sq. ft with two bedrooms and one bathroom. They currently have two young children. This rear addition would add two small bedrooms and a bathroom. Mr. Andrews asked Mr. Butler for clarification as to why this is not a Variance. Mr. Butler stated it is not creating any new nonconformities but it is increasing 25%. No one spoke in favor or against. Ms. Rivera stated it is a reasonable request and Mr. Farinella confirmed. Mr. Andrews stated the addition will not be seen from the street, it will not adversely affect the neighborhood and it is in harmony with the neighborhood. MOTION: Mr. Farinella moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in_Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Ms. Meisenhelter moved to GRANT a Special Permit at 14 Garfield Avenue to construct a single story, 405 sq. ft, addition off the rear of the existing nonconforming structure, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. SianArt olblo REVBureer requests a Special Permit to install a wall sign larger than what is allowed by the Zoning Ordinance. The property is located at 55 Dodge Street in the CG zoning district. SignArt reviewed the sign plans that were approved by the Design Review Board. Ms. Meisenhelter asked if this is replacing the signage at Rev Kitchen and the applicant clarified that this is a new location down the street at Shaw's Plaza. Ms. Meisenhelter asked Mr. Butler why only 20 square feet of signage is allowed and Mr. Butler explained that it is related to the length of the primary fagade of the building. MOTION: Ms. Rivera moved to close the public hearing. Mr. Andrews seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Page 5 of 10 MOTION: Mr. Farinella moved to GRANT a Special Permit at 55 Dodge Street (RevBurger) to install a wall sign larger than what is allowed by the Zoning Ordinance, subject to the plans submitted and as approved by the Design Review Board. Ms. Meisenhelter seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Max and Kristin Linksy request a Variance to construct a second story addition above an existing nonconforming garage. The addition will not encroach into the current side yard setback any further than the existing garage. The property is located at 61 Corning Street in the R-10 zoning district. Mr. Bishop addressed the Board on behalf of the owners and stated that the proposed addition will be built on top of the existing first floor. The proposal utilizes the existing foundation and it is a financially reasonable project. The owners plan to add bedrooms and create a master suite over the garage. Max Linsky stated that they have lived in Beverly for about 10 years and want to stay in this specific neighborhood and continue investing in this community. Mr. Andrews asked what the hardship is and Mr. Bishop stated the property is a bit angled. No one spoke in favor or against. Mr. Farinella asked if they have spoken to their neighbors and the applicant provided a list of signatures from abutters in support of the project. They also sent letters around proactively explaining their project and supplying their contact info and the plans. MOTION: Ms. Meisenhelter moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Mr. Farinella stated that he thinks it's a smart design and he likes how they are utilizing the existing footprint. The design fits with the existing part of the house. Ms. Rivera stated it is a reasonable request especially with the shape of the lot. Mr. Andrews agreed. MOTION: Ms. Rivera moved to GRANT a Variance at 61 Corning Street to construct a second story addition above an existing nonconforming garage due to the unique shape and topography as well as the existing foundation creating a hardship. The addition will not encroach into the current side yard setback any further than the existing garage, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Page 6 of 10 Montserrat College of Art requests a Special Permit to install a modest sign identifying the building as part of the Montserrat College of Art Campus. The property is located at 9 Dane Street in the CC zoning district. The applicant did not attend the meeting. Glovsky & Glovsky o/b/o J. Jeffrey Walsh requests a Finding to approve the conversion of the existing accessory barn structure nonconforming as to the side and rear setbacks, to a single family dwelling upon a Finding that the proposed conversion would not be substantially more detrimental to the neighborhood than the existing use of the premises and structure. The property is located at 4 Morgan Road in the Rlp zoning district. Conor Walsh,Esq. (Glovsky& Glovsky) addressed the Board and stated that they are seeking a Finding to the convert the existing barn structure to be used for a single family use. The existing structure is nonconforming. The lot has sufficient lot area and frontage. In 1979, the Planning Board approved an ANR plan to divide the lot. The property has since been largely used for antiques for Mr, Walsh's business. This conversion will also be repurposing a unique structure. Atty. Walsh submitted a petition signed by abutters in support. Ms. Meisenhelter asked if this is the only structure on the property and would they only be converting a portion of it. Atty. Walsh confirmed. Mr. Andrews read a letter into the record from Rinus Oosthoek(185 Hale St.) opposing the Finding request. Atty. Walsh stated the context of the letter is not relative to the nature of the request before the Board. Mr. Andrews referred to the plot plan and stated that the two buildings are very close and identical. Atty, Walsh clarified that the plot plan shows two different floors. There will be windows added throughout the building. Mr. Andrews asked what the side yard setback is relative to the window locations. Atty. Walsh stated to the cast it is 3 '/z' and to the rear it is 4.9'. Gajy Palardy stated that he sat on the Beverly Historical Board and often went to bat for anyone who was willing to put the time and money into a unique structure like this to restore it and create a single family. They wouldn't discourage it. It has one of the first squash courts ever built within the building. Mr. Butler asked if the building is on the natural register and it is not. Robin Martin, 181 Hale Street stated that she is located behind the barn and the plans will affect their property more than any others. Ms. Martin stated that she agrees with Mr. Palardy that it Page 7 of 10 would be fantastic to be able to convert it to a beautiful single family home. She stated she is surprised that the owner of 185 Hale Street has so much opposition to it when he won't be effected. Ms. Martin stated that she hopes his letter doesn't hold much weight with the Board's decision. MOTION: Ms. Rivera moved to close the public bearing. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Mr. Farinella asked where the location of the chimney will be. Atty. Walsh showed on the plans where it will be. Ms. Rivera stated that given the current housing crisis and the comments of the two members of the public who spoke she is inclined to vote in favor because she thinks it will add significant value to the community. Ms. Meisenhelter stated that she agrees and it will probably increase the neighbor's property values. MOTION: Ms. Meisenhelter moved to GRANT a Finding at 4 Morgan Road to approve the conversion of the existing accessory barn structure nonconforming as to the side and rear setbacks, to a single family dwelling upon a Finding that the proposed conversion would not be substantially more detrimental to the neighborhood than the existing use of the premises and structure, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Alexander &Femino olblo GenTeam Property Groulp LLC requests a Special PermitIFinding to demolish the existing front and side walls (which had been found to be structurally deficient due to termite damage upon opening up the walls and partially collapsed) and replace them with new walls that are structurally adequate in the same location as the structurally deficient walls. The property is located at 102 Bisson Street in the R-10 zoning district. Tom Alexander,Esq. (Alexander &Femino) addressed the Board on behalf of the applicant and stated this property is a pre-existing nonconforming two family located at the corner of Bisson Street and Lawrence Street. It was built in the early 1900s. The owner obtained a building permit to expand the two family by right. The expansion is less than 25%. When they went in and started doing the work they discovered termite damage and the walls were structurally deficient. A Special Permit can be granted to replace structurally deficient walls. The use will remain the same, it is a pre-existing legally nonconforming use. Atty. Alexander stated that the owner did review the plans with neighbors and submitted a petition and map of 16 neighbors who have signed in favor. Page 8 of l0 No one spoke in favor or against. MOTION: Mr. Farinella moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella,Rivera, Meisenhelter) Motion carries. MOTION: Ms. Rivera moved to GRANT a Special Permit at 102 Bisson Street to demolish the existing front and side walls (which had been found to be structurally deficient due to termite damage upon opening up the walls and partially collapsed) and replace them with new walls that are structurally adequate in the same location as the structurally deficient walls. The property is located at 102 Bisson Street in the R-10 zoning district, subject to the plans submitted. Mr. Farinella seconded the Motion. Votesin Fav : 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. Chris Kersker request a Special Permit and a Variance to add an addition to the third level. The property is located at 66 Bisson Street in the R-10 zoning district. The applicant addressed the Board and stated that based on the addition which is over 25% and that they are nonconforming on both street sides the project requires a Variance. The lot is 3,000 sq. ft. and they have about 7' to the street. The footprint will not be expanded. Mr. Butler stated the Variance is needed because the nonconformity is more than 50% on the front and the side. No one spoke in favor or against. Ms. Rivera stated that this is a reasonable request. Mr. Farinella confirmed. The applicant provided signed letters for neighbors in support. MOTION: Ms. Rivera moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella,Rivera, Meisenhelter) Motion carries. MOTION: Ms. Meisenhelter moved to GRANT a Special Permit at 66 Bisson Street to add an addition to the third level, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Ms. Rivera moved to GRANT a Variance at 66 Bisson Street to add an addition to the third level due to the location of the property creating a hardship, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. tos in r: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Page 9 of 10 Motion carries. III. CONTINUED PUBLIC HEARING 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. The applicants requested to withdraw their application without prejudice. MOTION: Ms. Meisenhelter moved to approve the request at 16 Corning Street to withdraw their application without prejudice. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera,Meisenhelter) Motion carries. OTHER BUSINESS A. Approval of March 27, 2024 Meeting Minutes (Andrews) MOTION: Ms. Rivera moved to approve the Minutes from the March 27, 2024 meeting. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Mr. Andrews moved to adjourn the meeting at 8:30 pm. Ms. Rivera seconded the Motion. Votes in Favor: 4-0 (Andrews, Farinella, Rivera,Meisenhelter) Motion carries. Leanna Harris,Administrative Assistant Board of Appeals of the Zoning Ordinance Page 10 of 10