Loading...
ZBA 6-26-24 CITY of BEVERLY Zoning Board of Appeals June 26, 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: Kevin Andrews, Chairperson, Will Cosmas, Cory Farinella, Laura Meisenhelter and alternate member Mike Barone. Member Absent: Kellie Rivera 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 7:05pm and introduced the Board members present. CONTINUED PUBLIC HEARINGS 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. The applicants submitted an email requesting a continuance to the July 2024 meeting. MOTION: Mr. Cosmas moved to GRANT the applicant's request to continue their application for a Variance at 21 MacArthur Road to the July 2024 meeting, subject to signing the Waiver and Agreement. Mr. Farinella seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Mcisenhelter, Barone) Motion carries. EXTENSION REQUEST Alexander & Femino o/b/o Charles E. Harris Trustee of Ocean View Realty Trust Original Request: 9/23/2020: In a petition for a request for a Special Permit to allow the construction of a new free standing carriage house/cabana that is 22' in height,where 15' is permitted and to allow the proposed free standing carriage house/cabana to be the third accessory building on the lot. The property is located at 9 Ober Street in the R10 zoning district. Extension granted on August 24, 2022 to September 23, 2024. Tom Alexander, Esq. (Alexander&Femino) addressed the Board and stated that although it is a fairly small project, the applicant needs additional time to complete this specialized construction. They have run into problems with getting estimates and contractors not showing up. Atty. Alexander stated that there was no opposition when this request originally came before the Board. Mr. Andrews asked how long of an extension are the applicants requesting and Atty. Alexander stated 2 years. Mr. Cosmas asked for more information on what the cause is for the delay. Atty. Alexander stated that both economic conditions and getting a contractor to do this type of specialized work. The number of contractors in the industry are less than the demand. Mr. Barone asked if it is the expectation that this work will be completed in the next two years and Atty. Alexander stated that that is their plan. No one from the public spoke in favor or against the request. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. MOTION: Ms. Meisenhelter moved to GRANT a second extension of the previously approved Special Permit for the property at 9 Ober Street beginning September 22, 2024 through September 23, 2026. Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella,Meisenhelter, Barone) Motion carries. NEW PUBLIC HEARINGS City of Beverly requests a Special Permit to demolish the existing police station and rebuild a new addition. Also requesting a Variance for building addition height exceeding 35'. The property is located at 191 Cabot Street in the CC zoning district. Maria-Anna Hatziliades (Colliers Engineering &Design) addressed the Board and stated that the Design Team is here to present the project and to also answer any questions. Tony DiLuzio (Colliers Engineering&Design) stated that they are seeking a Special Permit to reconstruct a portion of the space by way of a voluntary demolition and that they are seeking a Variance for the height. They are proposing to build on top of the existing footprint with the exception of one small area facing Thorndike Street. The renovations will reorganize City Hall to make it more efficient and also bring other departments into the building. There is a 1-story piece that will remain as such so as not to affect the views. There will be a new elevator corridor that will connect the spaces and also IT. The current 1T location will remain. There will also be nongender, single stall bathrooms installed. Page 2 of 11 The total new area of the footprint will be 11,668 square feet and gross square footage of the reconstructed building will be 39,787 square feet. There will be 25 on-site parking spaces which is a reduction from the existing 33 spaces. There are 164 off-site parking spaces available at municipal lots located within 500 feet of 191 Cabot Street. Ms. Meisenhelter asked for confirmation that this new construction will be the same two stories but the additional height will be due to the elevator shaft and Mr. DiLuzio confirmed. Mr. Andrews stated that the only change outside the footprint will be the small wedge identified on the plan and Mr. DiLuzio confirmed. Mr. Barone asked if the adjacent cemetery is owned by the city or if there is an easement. Beth Oldmixon (Assistant City Solicitor) addressed the Board and stated that the cemetery is owned by the city. The City Solicitor's office submitted a letter to the Board providing an outline of the project and relief sought. Ms. Oldmixon stated that under Section 300-86C Mr. Butler does need to make a determination and that this should be included in the Board's motion.Ms. Oldmixon read section 300-86C of the Zoning Ordinance into the record. Stephanie Williams (City Solicitor) addressed the Board and stated that the Board can grant the Special Permit under Section 300-86(C)(1)provided that the structure"is not increased in either building, volume, footprint, or area by more than 50%", and 2) "the reconstruction conforms to the current requirements of this chapter to the maximum extent practicable in the opinion of the Director of Municipal Inspections or designee. Mr. Andrews stated that he would like to recognize Mayor Cahills' attendance at the meeting tonight. Blyth Hazen 19 Abbott tree stated that she is an abutter behind this building and she is pleased with the plans and she is also happy to see the screening around the mechanicals. Ms. Hazen expressed concerns regarding the construction causing disruption. Mayor Cahill stated that if the project moves forward the earliest construction would start would be next summer. Mr. Barone asked Ms. Oldmixon to outline the criteria for a variance under Section 300-92. Ms. Oldmixon directed the Board to Page 3 of the letter from the City Solicitor which states that the maximum building height for this lot is 35' (Section 300-40(D)(1)(f)). At its tallest point, the existing building is 41 6",thereby exceeding the current height limit by 6' 6". The proposed approximately 1,109 sf third floor addition will extend this nonconformity and requires a variance. Page 3 of 11 MOTION: Ms. Meisenhelter moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Mr. Cosmas stated that they seem like reasonable requests for well needed improvements to City Hall. Mr. Andrews stated that the change in the footprint is small and it will be great for the community, he looks forward to seeing the change. Mr. Barone stated that he thinks the elevator in the rear of the building is a nice addition. Mr. Andrews stated he thinks that the parking will be sufficient especially with municipal Iots nearby. Mr. Farinella stated the law allows a 50% increase but they are choosing a much smaller increase and asked what the thought process is. Mr. DiLuzio stated that they are trying to be very efficient and also fiscally responsible. MOTION: Ms. Meisenhelter moved to GRANT a Special Permit at 191 Cabot Street to voluntarily demolish the nonconforming structure under Section 300-86 of the Zoning Ordinance and to rebuild a new addition that is also in accordance with the Director/Building Commissioner's determination stated in letter dated June 26, 2024, subject to the plans submitted. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella,Meisenhelter, Barone) Motion carries. MOTION: Mr. Cosmas moved to GRANT a Variance at 191 Cabot Street under Section 300-92 of the Zoning Ordinance to allow the increase of the building height due to special circumstances applying to the land and building and that the strict,minimum relief requested will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, that no undue traffic and no nuisance or unreasonable hazard will result, that adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use, that there are no valid objections from abutting property owners based on demonstrable fact, and that adequate and appropriate City services are or will be available for the proposed use, subject to the plans submitted. Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella,Mcisenhelter,Barone) Motion carries. MOTION: Mr. Barone moved to Find that the project and plan for 191 Cabot Street, as submitted,provides for sufficient parking under Section 59B of the Zoning Ordinance and also finds that there is adequate public parking within 500' of the property, subject to the plans submitted. Mr, Farinella seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Page 4 of 11 Alexander &Femino o/b/o Wayne& Margaret Garry requests a Finding to enclose their legally existing pre-existing porch which is 13.2' from the side lot line where current zoning calls for 15'. The property is located at 97 Dodge Street in the R10 zoning district. Tom Alexander, Esq. (Alexander&Femino) addressed the Board and stated that the subdivision was recorded in 1905 and according to the City of Beverly's records this house was built in 1919. The existing porch is 13.2' from the side lot line. They are planning to remove the screens and replace with windows. There will be new flooring within the same footprint. The space will be used for the Garry's grandchildren to play in. Atty. Alexander stated that the proposal to enclose the porch would not result in a substantial detriment to the current situation. Atty. Alexander provided a petition signed by abutters in favor of the project. No one from the public spoke in favor or against the project. Mr. Barone stated that it is a minimal request and an already beautiful home. It's a nice move to add some space. Mr. Andrews agreed. MOTION: Mr. Farinella moved to close the public hearing. Ms. Meisenhelter seconded the motion. Votes in Favor: 5-0 (Andrews, Cosmas,Farinella, Meisenhelter, Barone) Motion carries. Mr. Cosmas agreed that it's a minimal request and that the nonconformity is not exacerbated. MOTION: Mr. Farinella moved to GRANT a Finding at 97 Dodge Street to enclose their legally preexisting porch which is 13.2' from the side lot line where current zoning calls for 15', subject to the plans submitted as it will not be more detrimental to the neighborhood. Second by Mr. Barone. Votes in Favor: 5-0 (Andrews, Cosmas,Farinella, Meisenhelter, Barone) Motion carries. Alexander & Femino olb/o Michael Kingston,Michael_Cacete and Charles Burnside requests a Special Permit and Minor Modification to prior ZBA decision to allow change in use of a portion of property from office equipment sales and service to heating, ventilation and air conditioning office and storage space. The property is located at 25 Cox Court in the RMD zoning district. Tom Alexander, Esq. (Alexander&Femino) addressed the Board and stated that this property is located in the RMD district, however, it's a very mixed neighborhood. This neighborhood used to be zoned CC. This particular building has a long history with Zoning Board of Appeals. The applicant is proposing to have an HVAC office there without any servicing of equipment, Pages of l t Atty. Alexander stated that the only change is that they will change the decal on the door. It will continue to be first floor commercial use and the second floor will remain two 2-bedroom residential units. Atty. Alexander provide a petition signed in favor from abutters. Atty. Alexander stated that the property is currently under agreement pending Zoning Board approval for the change of use. The new use will not he more detrimental to the neighborhood and is in harmony with the zoning ordinance. It's an appropriate location and the proposed use will not adversely affect neighbors and there are adequate City facilities to service this building. Mr. Cosmas stated that there is already a Variance that runs with the property and so what the applicants are looking for is a modification to that subset of use that was previously granted. Atty. Alexander confirmed. Mr. Barone asked if there is garage space on this premises that would be housing vehicles. Mr. Kingston stated there is not, Mr. Barone asked if there will be any lettered vehicles parked outside and Mr. Kingston stated everyone takes them home. No one from the public spoke in favor or against the request. Mr. Andrews stated he appreciates their attention to detail and coming before the Board. MOTION: Mr. Cosmas moved to close the public hearing, Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Mr. Andrews stated that he thinks it's nice to have mixed use in neighborhoods that can provide both jobs and housing. MOTION: Mr. Barone moved to GRANT a Special Permit at 25 Cox Court to allow a change in use of a portion of the property from office equipment sales and service to heating, ventilation and air conditioning office and storage space. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. MOTION: Mr. Andrews moved to GRANT a Minor Modification at 25 Cox Court recognizing that this change in use is a Minor Modification that meets the requirements of a Special Permit. Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Page 6 of 11 Alexander & Femino o/b/o Paula E. Bartlett Revocable Livine Trust requests a Variance to allow a 10.5' x 13.5' single story addition to accommodate a first floor bathroom and laundry area which would be 11.9' from the northwesterly side lot line and 22.9' from the rear lot line where current zoning calls for 15' side yard and 25' rear lot line setbacks. The property is located at 12 Matthies Street in the R10 zoning district. Tom Alexander,Esq. (Alexander& Femino) addressed the Board and stated that this property is located in the R10 zoning district. This narrow lot is 4,059 sq. ft. and the required lot size today is 10,000 sq. ft. This house was built in 1935 and the subdivision was laid out in 1905. Ms. Bartlett has owned this property since 2016. The applicant is looking for a modest 10.5' x 13.5' addition to allow for a first floor bathroom and laundry area. There is currently no bathroom on the first floor and the laundry is currently in the basement, both of which are also not ideal for aging in place. Atty. Alexander stated that there is a very large garage on the site which greatly limits where a first floor addition could go on this narrow lot. Atty. Alexander provided a petition signed in favor by abutters. No one from the public spoke in favor or against this project. MOTION: Mr. Farinella moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Mr. Andrews stated that this is a minimal request and agreed that there is a need. Mr. Farinella asked if the mudroom will remain and Atty. Alexander confirmed. Mr. Barone stated when looking at the neighborhood he is happy to see that the direct abutters are in favor and have signed the petition. MOTION: Mr. Barone moved to GRANT a Variance at 12 Matthies Street to allow a 10.5' x 13.5' single story addition to accommodate a first floor bathroom and laundry area which would be 11.9' from the northwesterly side lot line and 22.9' from the rear lot line where current zoning calls for 15' side yard and 25' rear lot line setbacks due the location of an existing garage located on this narrow lot creating a hardship, subject to the plans submitted. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Page 7 of I 1 David and Jill D'Entremont request a Special Permit to add a second floor within the existing footprint over an existing garage in accordance with Section 300-82(A)2. The property is located at 106 Bisson Street in the R10 zoning district. John Crowell(Deer Hill Architects) addressed the Board and stated that the applicant is looking to construct a second story over an existing garage. The house is currently nonconforming at both the front and rear setbacks. The new addition will fall within the front and rear setbacks. It is an unusually shaped lot that is very shallow. The building was built in the 1890s. It's a modest 3-bedroom house. They are proposing to create a master suite over the garage. Mr. Crowell stated that the house is further from the street than any of the other houses on Bisson Street. Mr. Crowell provided a list of abutters who have signed a petition in favor. Mr. Cosmas stated that the purpose is to get more living space and Mr. Crowell confirmed and stated it would allow each of their 3 children to have their own bedroom. No one from the public spoke in favor or against the project. Mr. Barone asked what the percentage increase will be and Mr. Crowell stated about 20%. Mr. Barone stated it's a nice addition and a nice way to get more living space without disturbing the neighborhood. It's a reasonable request, it's a nice-looking project. Ms. Meisenhelter stated that it doesn't look like the changes will be seen from the front and Mr. Crowell stated that they are adding a Nantucket dormer, similar to a shed dormer. They are not raising the peak height, it will be no taller than the existing house. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. MOTION: Mr. Farinella moved to GRANT a Special Permit at 106 Bisson Street to add a second floor within the existing footprint over an existing garage in accordance with Section 300-82(A)2, subject to the plans submitted. Second by Ms. Meisenhelter. Votes in_Favor: 5-0 (Andrews, Cosmas,Farinella, Meisenhelter, Barone) Motion carries. Thomas WoUAerer and Mes Burns request a Finding to enclose an existing 14'x5.5' front screened in porch for use as a mudroom/entryway. The property is located at 4 Coolidge Avenue in the RI zoning district. Tom Wopperer addressed the Board and stated that the existing porch is screened in and they are looking to enclose it within the existing footprint to make it livable space. Page 8 of 11 Nathan Boyd (Builder) was also present. Mr, Boyd stated that the next door neighbor has exactly what they are looking to do. Mr. Wopperer stated that attached to their application is a signed approval from abutters. MOTION: Mr. Cosmas moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Mr. Cosmas stated that this is a minor request and it will increase their property value and property values in the neighborhood. Mr. Barone stated that he agrees and that this is a great use of existing space, it will blend in with the neighborhood well. MOTION: Ms. Meisenhelter moved to GRANT a Finding at 4 Coolidge Avenue to enclose an existing 14'x5.5' front screened in porch for use as a mudroomlentryway as it is in harmony with the neighborhood, appropriate use for the location, has adequate and appropriate city facilities, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in Fay : 5-0 (Andrews, Cosmas,Farinella, Mcisenhelter, Barone) Motion carries. Robert Guay requests a Variance to add on an attached single floor addition onto pre-existing, nonconforming detached garage exceeding the height allowed by right and encroaching into the side yard setback. The property is located at 5 Miller Road in the R15 zoning district. Robert Guay addressed the Board and stated that the request is due to the nonconforming height and setback. The lot is a very large rectangle. In 2017 he was lucky to build the garage of his dreams but his driveway is just one car width wide. Mr. Guay is looking to extend the existing workshop off the back of the garage. Mr. Barone asked what the intention is of going to W high instead of the allowable 15'. Mr. Guay's builder stated the pitch will match the dormers of the house. No one spoke from the public spoke in favor or against the project. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. MOTION: Mr. Barone moved to GRANT a Variance at 5 Miller Road to add on an attached single floor addition onto pre-existing, nonconforming detached garage Page 9 of I 1 exceeding the height allowed by right and encroaching into the side yard setback due to the shape and slope of the lot creating a hardship, subject to the plans submitted. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Morse Constructions o/b/o Charles and Marlene Coombs requests a Special Permit to build a 930 sq. ft. second floor accessory dwelling unit to an existing single family home with 2 bedrooms and 11/2 bathrooms. The property is located 78 Kernwood Avenue in the R10 zoning district. Matthew Jesi (Morse Constructions) addressed the Board and stated that the applicants have owned the property since 1988 and they are seeking to construct a second floor accessory dwelling unit for their son. There will be two bedrooms, 1%bathrooms, a kitchen and living area. They are also planning to add two uncovered, exterior staircases. There are two letters in support of the project. Philip Coombs addressed the Board and stated that the project will enable him and his partner to remain close to his parents as they age in place. Mr. Butler stated that exterior staircases are not allowed on accessory dwelling units, they need to be within the unit. Mr. Butler stated that there needs to be two means of egress and the ordinance states they need to be within the building. Mr. Jesi stated that enclosing the staircases would put them into the setbacks and also create two large staircase enclosures on the outside of this home. Mr. Cosmas stated that it sounds like they will still need a Variance. Mr. Jesi stated that the lot put them in the Special Permit process. Mr. Barone stated that he also questions that the existing house is 1,800 sq. ft. The accessory dwelling unit can only be 50% of the existing house. Mr. Barone stated that he also questions if they need to have a separate application requesting a Variance. Mr. Cosmas explained to the applicants their options to either continue or withdraw without prejudice. The applicant requested to withdraw without prejudice. MOTION: Mr. Cosmas moved to close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in Favor; 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries, Page 10 of 11 MOTION: Mr. Andrews moved to allow the applicant to withdraw their application at 78 Kernwood Avenue without prejudice. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. OTHER BUSINESS Approval of April 24, 2024 Meeting Minutes (Andrews) Approval of May 22, 2024 Meeting Minutes (Rivera) MOTION: Mr. Cosmas moved to adjourn the meeting, Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Meisenhelter, Barone) Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 11 of 31