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ZBA 5-22-24 CITY of BEVERLY Zoning Board of Appeals May 22, 2024 at 7:00 pm 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: Will Cosmas, Cory Farinella, Kellie Rivera and Michael Barone, alt. Members Absent: Kevin Andrews, Chairperson Laura Meisenhelter Others Present: Leanna Harris, Administrative Assistant Location: Council Chambers City Hall, 191 Cabot Street, Beverly Will Cosmas, Acting Vice Chair began the meeting at 7:10pm and introduced the Board members present. MOTION: Mr. Barone moved to authorize Mr. Cosmas to act as Vice Chairperson. Mr. Farinella seconded the Motion. Votes in Favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. 1. NEW PUBLIC HEARINGS 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. Serena.Green, Creative Director(Montserrat College of Art) addressed the Board and stated that they updated their logo on their other buildings around town. Each sign is consistent and coincides with each building's architecture. The college has opened their admissions office at 9 Dane Street and there currently is not any signage stating they are there. They would like to have a small, conservative free-standing sign set back on the front lawn. It will be set far back from both Dane Street and Knowlton Street. No one spoke in favor or against. Mr. Barone stated the sign application did come before the Design Review Board and it was unanimously recommended that this Board grant the Special Permit necessary for the free- standing sign. Mr. Farinella stated the application is pretty straight forward and that it doesn't look like it will block any view of traffic. The sign matches the building. Mr. Cosmas stated it seems like a good idea. MOTION: Ms. Rivera moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor: 4-0 (Cosmas,Farinella, Rivera, Barone) Motion carries. MOTION: Mr. Barone moved to GRANT a Special Permit at 9 Dane Street to install a free-standing sign identifying the building as part of the Montserrat College of Art campus, subject to the plans submitted and as approved by the Design Review Board. Ms. Rivera seconded the Motion. Notes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Kevin Gallant requests a Finding to allow the construction of a detached accessory dwelling garage that is 19.2' tall, where a maximum of 15' is allowed. The property is located at 17 Scenna Road in the RI zoning district. Bob Griffin (Griffin Engineering) addressed the Board on behalf of the applicant and stated that they are long time Beverly residents. Mr. Gallant maneuvers with a wheel chair and so they are looking to construct a 24'x30' garage where the extra width will allow him to maneuver in and out of his wheelchair. The proposed garage will be on an existing paved area and it will have a gambrel style roof to match the house. No one spoke in favor or against. MOTION: Mr. Farinella moved to close the public hearing. Ms. Rivera seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Mr. Barone stated he noticed the applicants are seeking a finding but it seems more like it should be a Variance. Mr. Barone asked for confirmation that this will not be an accessory dwelling unit. Mr. Griffin confirmed. Mr. Griffin stated they do have a nonconforming home but the lot itself is conforming. There is no second floor on the structure. Page 2 of 9 Mr. Barone stated it doesn't look like the measurements in the application align with the plans and asked for confirmation of what the height will be. Mr. Griffin stated they calculated the average grade around the building where the architect did not. Mr. Barone asked what the height of the existing family residence is and Mr. Griffin stated it is significantly higher than the 19' of the proposed garage. MOTION: Ms. Rivera moved to GRANT a Finding at 17 Scenna Road to allow the construction of a detached accessory dwelling garage that is 19.2' tall, where a maximum of 15' is allowed given that the design fits in with the neighborhood, there is no evidence that property values will be negatively affected and there is no traffic or hazards created, subject to the plans submitted. Mr. Barone seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Dominic M. and Rosa di_Virgillo Taormina request a Variance to construct a new pool deck for an existing above ground swimming pool. The property is located at 40 Hayes Avenue in the R10 zoning district. Rosa di Virgillo Taormina addressed the Board and stated that they had a pool installed last summer and they have been using an A-frame ladder to get in and out the pool. They do have two children at home, it is a safety issue. They are looking to add a small 12'x7.2' deck, however, the layout of the lot leaves them with no room to put a deck in compliance with the Zoning Ordinance. The applicants provided both a letter and also a signed petition from abutters in favor of the Variance. Mr. Cosmas stated that he didn't see a gate on the design. The applicant referred to the 3D rendering submitted with the application and stated that there will be a two locking gates but they are not on the plans. No one spoke in favor or against. Mr. Cosmas asked what the amount of encroachment to the rear lot line will be and the applicant stated 17'/z feet. Ms. Rivera asked the applicants to describe the hardship and the applicants discussed the safety issues. Mr. Cosmas stated the house's orientation on the lot effects their ability to utilize the pool and deck safely, creating a hardship. Mr. Barone stated 37 Taft Street behind them appears to have expansive landscaping and a fence. Mr. Barone asked how tall the landscaping is and would they be able to see into their yard/pool while on the proposed deck. The applicants stated they would not be able. Page 3 of 9 MOTION: Mr. Farinella moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Ms. Rivera stated that she is inclined to grant the Variance based on the approval of their neighbors. Mr. Farinella agreed and stated the hardship really is the layout of their house. Mr. Cosmas stated they will need to condition the Motion that they will have a gate on the deck given that it is not provided on their plans. MOTION: Mr. Barone moved to GRANT a Variance at 40 Hayes Avenue to construct a new pool deck for an existing above ground swimming pool with a 2'/z' encroachment for an accessory structure based on the orientation of the house on the lot and the safety issue creating a hardship. The Variance is granted with the condition that a gate is installed as well as all other provisions of the code requiring gates are satisfied, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Caitlin Mates &Brent Falk request a Variance for a 1-story addition on a nonconforming lot 13' from the side setback, where 15' is required. The property is located at 21 MacArthur Road in the R-10 zoning district. Brent Falk addressed the Board and stated that they have lived in Beverly for about 9 years and that they are finally ready to add a mudroom and renovate the kitchen. Alexandra Peterson (Architect) addressed the Board and stated it's a 125 sq. ft. addition that will house the new kitchen and mudroom, It will encroach 2' into the side setback. No one spoke in favor or against. Mr. Cosmas asked if they made any attempts to talk with their neighbors. Mr. Falk stated they discussed the project with their neighbor next door and they are very much in favor. Mr. Cosmas asked if they could build the addition back in to the lot and not need a Variance and Mr. Falk stated there is an existing gazebo that they would like to keep. Ms. Rivera stated she is having a difficult time understanding why the addition can't be designed within the setbacks and she is struggling to see how there is a hardship. Mr. Cosmas stated it does seem that if they removed the deck that they would have the room. Ms. Peterson stated the site itself slopes down to the front and by putting the addition there the deck is more of a bigger landing. Mr. Cosmas asked whether the deck space could be used for the kitchen. Ms. Rivera asked for clarification how this request is the minimum relief sought and if they could remove the deck. Page 4 of 9 Mr. Barone is asking for clarification as to why the addition can't be constructed in the back yard with the other structures. Ms. Peterson stated the proposed addition is not square on the lot, it is skewed away from the actual site. In terms of actually not utilizing the square footage, it provides for a much longer space where they are fighting the proportions of everything. Mr. Barone stated they want the kitchen on the side, not in the back and Ms. Peterson confirmed. Mr. Cosmas provided the applicants with information regarding requesting a continuance. Mr. Barone reviewed the criteria required for a Variance. Mr. Barone stated it appears that there is an adequate amount of land in the back that could accommodate the addition. Ms. Peterson stated there are also financial ramifications of moving the location of the kitchen. If they were to construct a new kitchen in the rear, they would lose a bedroom which is not ideal. The house itself is an extended cape and so the living space is limited to the left side of the property. Mr. Barone stated he recommends they redesign the addition so that it will fit within the envelope. Mr. Barone stated he is not convinced the hardship has been addressed. The applicant requested a continuance to the June meeting. MOTION: Ms. Rivera moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella,Rivera, Barone Motion carries. MOTION: Mr. Barone moved to GRANT the request a continuance to the June 26, 2024 meeting. Mr. Farinella seconded the Motion. Votes in favor: 4-0 (Cosmas,Farinella, Rivera, Barone) Motion carries. Nathaniel L.Paul requests a Special Permit/Finding to allow the existing third floor,which presently accommodates two bedrooms and a den, to be converted into a one bedroom unit within the envelope and footprint of the legally pre-existing nonconforming 2-family residence and a parking waiver pursuant to Section 300-85 (1)(a) and to allow four spaces on site. The property is located at 6-6A Winthrop Avenue in the R10 zoning district. Tom Alexander, Esq. (Alexander&I~emino) addressed the Board on behalf of the applicant and stated this is nonconforming 2-family house llocated in a single family district. It was built in 1900-1920 when families tended to be larger. It is a large building and it is presently two units. The first floor has 2 bedrooms and the second and third floors have a 4-bedroom unit. There are two interior stairways that provide two egresses to the property. The proposal is to make a 1- Page 5 of 9 bedroom unit on the third floor which would result in 6 occupants with 6 vehicles. These 4- bedroom houses typically get rented to college students which is not ideal in this single family neighborhood. Atty. Alexander stated that the Zoning Board may grant a parking waiver if current parking is adequate. Currently, there are four spaces laid out on site and so that should satisfy the parking requirement because the proposed changes would be reducing the amount of bedrooms. Atty. Alexander reviewed the requirements for a Special Permit. Atty. Alexander provided a petition and map of neighbors and also direct abutters who have signed in favor. Since it is going from a 2-family to a 3-family, the property would be sprinklered. Atty. Alexander stated that this property is within 1,500' of the Beverly Depot and is therefore considered transit oriented. No one spoke in favor or against. Mr. Cosmas thanked the applicants for reaching out to their neighbors. MOTION: Ms. Rivera moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Ms. Rivera asked about the property to the left and asked if it is multifamily and also if there are any other multi-families in the neighborhood. Mr. Paul confirmed. Ms. Rivera stated that she is inclined to vote in favor of the proposal given the reduction in the number of bedrooms and also the location to the MBTA. Mr. Cosmas agreed and stated the applicant is increasing compliance with the modern code and reducing the number of residents. Mr. Barone stated that he has concerns regarding the reduced parking, although he appreciates that it is a close walk to the Depot. Mr. Barone asked what the plan is for getting four cars in the driveway and also what is the off street parking like on that street. Atty. Alexander stated he has driven down that way several times and there is always on street parking available. The width of the driveway will be I V which is enough room for cars to maneuver. Ms. Rivera stated she is familiar with this street and the only time she has seen an issue with availability of on street parking is during school pick up time. Mr. Paul stated that his current downstairs tenant prefers to park on the street and almost always finds a spot right out front of the house. MOTION: Ms. Rivera moved to GRANT a Finding at 6-6A Winthrop Avenue to allow the existing third floor, which presently accommodates two bedrooms and a den, to be Page 6 of 9 converted into a one bedroom unit within the envelope and footprint of the legally pre- existing nonconforming 2-family residence and a parking waiver pursuant to Section 300- 85 (1)(a) and to allow four spaces on site, subject to the plans submitted. Mr. Farinella seconds the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. MOTION: Ms. Rivera moved to GRANT a Special Permit 6-6A Winthrop Avenue to allow the existing third floor,which presently accommodates two bedrooms and a den, to be converted into a one bedroom unit within the envelope and footprint of the legally pre- existing nonconforming 2-family residence and a parking waiver pursuant to Section 300- 85 (1)(a) and to allow four spaces on site, subject to the plans submitted. Mr. Barone seconded the Motion. Votes in fa or: 4-0 (Cosmas, Farinella, Rivera, Barone Motion carries. MOTION: Mr. Farinella moved to GRANT a Waiver to waive the 2 required parking spaces given the proximity to the Depot public transit station, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in_fa o : 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. 32 Broadway LLC requests a Finding/Waiver to authorize the construction of an approximately 732 sf addition to the existing structure with a new rear deck and the conversion of the property from a 14-unit Lodging House to a six-unit multifamily dwelling where the existing lot structure is nonconforming as to minimum lot area and front yard setback. The applicant requests a Finding that the addition and conversion will not be substantially more detrimental to the neighborhood than what currently exists and a Waiver pursuant to Section 300-85 (A)(1)(a) and(A)(2) of the Zoning Ordinance to permit the continuation of the nonconforming parking situation and approve the use of ten spaces for six units, instead of 12. The property is located at 32 Broadway in the RHD zoning district. Conor Walsh, Esq. (Glovsky& Glovsky) addressed the Board on behalf of the applicant and stated the property is located in the RHD zoning district and it is currently an approved 14-unit lodging house. They are looking to convert it to a 6-unit multi-family by way of a modest rear addition and front dormers. The property has the benefit of a largely undefined rear parking area and the petitioner proposes to create 10 marked parking spaces. In the RHD zone, two spaces are required per unit and so they are requesting a parking waiver to continue the nonconforming parking situation that exists with the current 14 units. The Depot is visible from the front yard. The property was in significant disrepair when it was purchased and the applicant has made interior improvements. Atty. Walsh provided a petition signed in favor by abutters and they also spoke with other neighbors and they haven't heard any opposition. Page 7 of 9 The abutters at 35 Broadw located directly across the street stated that they agree with the project but that they do have construction concerns. It is a good thing for the neighborhood, the residents at the rooming house currently utilize the dirt area out back to light fires and smoke drugs. It is not safe and they would like to know that when the property is renovated that the same people living there won't be returning. The building owner addressed the concerns from the abutters. Mr. Farinella clarified that they aren't here to discuss the residents. Atty. Walsh provided a reap illustrating the number of units in the area homes. MOTION: Mr. Barone moved to close the public hearing. Mr. Farinella second the Motion, votes in favor: 4-0 (Andrews, Cosmas, Farinella, Rivera, Barone) Motion carries. Mr. Barone stated he really likes the application and that 14-units are being replaced by 6-units. Mr. Barone stated he appreciates the concerns with the rear parking area but what is being proposed is significantly more favorable than what currently exists. Mr. Cosmas stated he agrees and any improvement made to that property will be a welcomed change to that neighborhood. MOTION: Mr. Barone moved to the Board to Find the construction of an approximately 732 sf addition to the existing structure with a new rear deck and the conversion of the property from a 14-unit Lodging House to a six-unit multifamily dwelling where the existing lot structure is nonconforming as to minimum lot area and front yard setback is not substantially more detrimental to the neighborhood than what currently exists, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. MOTION: Mr. Barone move to GRANT the requested parking Waiver pursuant to Section 300-55 (A)(1)(a) and (A)(2) of the Zoning Ordinance to permit the continuation of the nonconforming parking situation and approve the use of ten spaces for six units, instead of 12 as it is adequate for the new configuration, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. IL OTHER BUSINESS Mr. Cosmas stated he served as Acting Chair by vote and signatures were provided on the copy of the Agenda attached to these Minutes. Page 8 of 9 MOTION: Mr. Barone moved to confirm that Will Cosmas served as Acting Chair in the absence of the Chairperson in accordance with the Zoning Ordinance. Mr. Farinella seconded the Motion. Votes in favor: 4-0 (Cosmas,Farinella, Rivera, Barone) Motion carries. A. Approval of April 24, 2024 Meeting Minutes (Andrews) MOTION: Mr. Barone moved to continue the approval of the April 24, 2024 Minutes based on the fact that two members were not present. Mr. Farinella seconded the Motion. Votes in fa or: 4-0 (Cosmas,Farinella, Rivera, Barone) Motion carries. MOTION: Ms. Rivera moved to adjourn the meeting at 8:47pm. Mr. Barone seconded the Motion. Votes in favor: 4-0 (Cosmas, Farinella, Rivera, Barone) Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 9 of 9