ZBA 7-31-24 CITY of BEVERLY
Zoning Board of Appeals
July 31,2024 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, Cozy Farinella, Kellie Rivera,
Laura Meisenhelter and alternate member Mike Barone.
Others Present: Jinn Butler, Building Commissioner
Leanna Harris,Administrative Assistant
Location: Council Chambers City Hall, 191 Cabot Street, Beverly
Kevin Andrews began the meeting at 7:04prn and introduced the Board members present,
1. EXTENSION REQUEST
Stephen. Capodilupo
requests a Special Permit/Finding to demolish an existing nonconforming detached garage with
a side yard setback of 4.75'and replace with a new detached garage with a side yard setback of
4.75'.Also seeking a Variance to add a 2-bedroom apartment to the third floor of the existing
nonconforming(use)2-family dwelling.The property is located at 15 Liberty Street use in the
R10 zoning district.
Original Request; 7.31.2023
Stephen Capodilupo addressed the Board and stated that he is requesting a 5mth extension for
the Variance granted last year.
No one spoke in favor or against.
Mr. Cosmas asked what the reason for the extension is and Mr. Capodilupo stated that the permit
is currently in the system and there are a couple of things holding it up.
Mr.Andrews stated that the applicant has been before this Board a few times and he is happy to
support all extension. Mr. Cosmas stated to keep in mind that only one extension Can be granted
and Mr. Capodilupo confirmed.
MOTION: Mr. Cosillas moved to close the public hearing.
Mr. Farinella seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella, Rivera, Meisenllelter,Andrews)
Motion carries.
MOTION: Mr. Cosmas moved to GRANT a 6-month extension to the Variance
originally issued on 7/31/2023 at 15 Liberty Street.
Ms. Meisenhelter seconded the Motion,
Votes in favor: 5-0 (Barone, Farinella, Rivera, Meisenhelter,Andrews)
Motion carries.
II. CONTINUED PUBLIC HEARINGS
Caitlin Mates & Brent Falk
request a Variance for a 1-stay 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.
Conor Walsh, Esq. (Glovsky& Glovsky)addressed the Board and stated that the application was
originally before this Board at the May 2024 meeting. Since then,alternative plans were
considered. The applicants are seeking to construct an approximate 425 sq. ft, addition to allow
for the expansion of the kitchen and the creation of a mudroom. The existing house is 1,550 sq,
ft, Atty. Walsh stated that it's a tight neighborhood with many narrow lots and nonconformities.
The narrowness of the lot and the location of the existing structure leave them without a lot of
options for the addition without significant construction to the rear of the property, which is not
financially feasible. There are a number of cape style homes to the left side of this property with
similar additions that also encroach into the setbacks or are up to the property line.
Atty. Walsh provided a petition to the Board sighed by abutters in favor. There were also letters
in support submitted,
No one spoke in favor or against,
MOTION, Mr. Farinella moved to close the public hearing.
Mr. Cosmas seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella, Rivera, Meisenhelter, Cosmas)
Motion carries.
MOTION: Mr. Barone moved to GRANT a Variance at 21 MacArthur for a 1-story
addition on a nonconforming lot 13'from the side setback, where 15' is required based on
the shape and size of the lot and the existing location of the house creating a hardship,
subject to the plans submitted. Ms, Meisenhelter seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella, Rivera, Meisenhelter, Cosmas)
Motion carries.
111. NEW PUBLIC HEARINGS
Morse Constructions o/b/o Charles and Marlene Coombs
requests a Variance and a Special Permit under Sections 300-55B(6)(b) and 300-55B(c)(2)of
the Zoning Ordinance to build a 930 sq. ft. second floor accessory dwelling unit to at] existing
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single-family home with 2 bedrooms and 1%2 bathrooms.The property is located at 78 Kernwood
Avenue in the R10 zoning district.
Tom Alexander,Esq. (Alexander& Feniino) addressed the Board and stated that this is a
proposal for a 930 sq. ft.ADU. The applicants need a Special Permit because it is a
nonconforming lot. The home is owned by Charles and Marlene Coombs who are looking to
construct this ADU for their son and his partner. It will remain owner occupied and there will be
only one ADU that will be built to all safety codes. The RI O district requires 100 feet of
frontage, and this lot has 60 feet.The applicants are seeking a Special Permit for dormers that
will be 14.6'-into the side setback, where 1 S'is required, There are shed dormers on many
houses in the neighborhood. Atty.Alexander stated that the ADU ordinance has an unusual
provision stating that there cannot be uncovered exterior staircases and part of this request is for
uncovered exterior staircases on the nonconforming side. Atty. Alexander stated that in any other
development this would be allowed by right. If this was an addition or a doorway between two
units an uncovered exterior staircase would be allowed. This ADU proposal checks all the boxes
under the Zoning Ordinance. The only box it doesn't check is the staircase being enclosed.
Atty.Alexander provided to the Board a petition signed by abutters in favor of this project.
Atty.Alexander stated that it would be very difficult to get anything on this lot due to how
narrow the lot is. The requirement for an enclosed stairway makes it almost impossible. It is a
new ordinance, less than a year old, and there are some glitches in it. Atty.Alexander stated that
there has been a lot of difficulty with the ordinance because it makes it difficult for everyday
people in modest houses to comply with the requirements.
Mr. Cosmas asked if this is a nonconforming situation,or a nonconforming structure, and Atty.
Alexander stated that it's a nonconforming structure. Mr. Cosmas stated that in R10 under the
Zoning Ordinance Section 300-34C 0) it is not eligible for a Special Permit for an ADU.Atty.
Alexander stated that nonconformity is what triggers the Special Permit.
Mr.Andrews stated that before the Board gets too involved with the legalities they should decide
if they are comfortable with putting something like this on a bungalow on such a small lot.
Mr. Barone stated that lie really likes this project, but he does have concerns about uncovered
staircases especially with snow and ice. Ms. Rivera asked if snow and ice is addressed in the
Zoning Ordinance, Mr, Barone stated that because of the safety aspect of unenclosed staircases
lie would be willing to grant:one being unenclosed.
Ms. Meisenhelter asked Mr. Butler if the uncovered staircases in other buildings in the city are
primary mcans of egress and Mr. Butler confirmed.
Mr. Cosmas asked if the applicants considered building the ADU behind the property instead of
off to the side. The architect stated it was not considered because they would like to retain the
yard that they have and also a rear structure would require a foundation which is a large expense.
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Mr. Butler stated that the intent of the enclosed staircase provision in the ADU ordinance is to
maintain the look of a single-family home.
Ms. Rivera stated that she is in favor of this project because it is with the general purpose of the
ordinance.
No one spoke in favor or against.
MOTION: Mr. Farinella moved to close the public hearing.
Mr. Barone seconded the Motion.
Votes in favor; 5-0 (Barone, Farinella, Cosmas,Meisenhelter,Andrews)
Motion carries.
MOTION: Mr. Barone moved to GRANT a Special Permit at 78 Kernwood Avenue to
allow an ADU,subject to the plans submitted. Mr. Cosmas seconded the Motion,
Votes in favor: 4-1 (Barone, Farinella, Cosmas, Meisenhelter, Opposed: Andrews)
Motion carries.
MOTION: Mr. Barone moved to GRANT a Special Permit at 78 Kernwood Avenue for
the addition of a shed dormer to the attic, subject to the plans submitted.
Mr. Farinella seconded the Motion.
Votes in favor: 5-0 (Barone,Farinella,Cosmas, Meisenhelter,Andrews)
Motion carries.
MOTION: Mr. Barone moved to GRANT a Variance at 78 Kernwood Avenue for a
shed dormer encroaching 14.6'into the side yard setback,where 15' is required due to the
location of the existing structure and the narrow shape of the lot causing a hardship,
subject to the plans submitted. Ms. Meisenhelter seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella, Cosmas,Meisenhelter,Andrews)
Motion carries,
MOTION: Mr. Barone moved to GRANT a Variance at 78 Kernwood Avenue to allow
unenclosed stairways leading to an ADU due to the location of the existing structure and
the narrow shape of the lot causing a hardship, subject to the plans submitted.
Ms. Meisenhelter seconded the Motion.
Votes in favor: 4-1 (Barone, Farinella, Cosmas, Meisenhelter; Opposed: Andrews)
Motion carries.
Eric and Laurie Skaza
request a Variance and a Special Permit under Sections 300-15D(5) and 300-33D (5) of the
Zoning Ordinance to construct an 8'x24' rear•addition and to rebuild a nonconforming deck on
the same footprint. The property is located at 5 Eagle Lane in the R15 zoning district.
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MOTION: Mr. Cosmas moved to continue the application for a Variance and a Special
Permit at 5 Eagle Lane to the August 28, 2024 meeting. Mr. Farinella
Votes in favor: 5-0(Barone, Farinella, Rivera,Meisenhelter,Andrews)
Motion carries.
Paul and Elaine Crowell
request a Special Permit under Section 300-82A of the Zoning Ordinance to increase the
existing covered front porch to 6'x20' extending from 2.5'to 3.2' into the front set back and to
replace existing 44'x65" covered stoop. The property is located at 7 Miller Road in the R15
zoning district.
Paul Crowell addressed the Board on behalf of his parents who were unable to attend, and he
provided a letter from Paul and Elaine Crowell authorizing him to do so, The applicants are
looking to increase the existing front porch and replace the existing front stoop.
Mr. Crowell provided a petition from abutters who signed in favor.
No one spoke in favor or against.
MOTION: Mr. Farinella moved to close the public hearing.
Mr. Barone seconded the Motion.
Votes in favor: 5-0 (Barone,Farinella, Rivera,Meisenhelter, Cosmas)
Motion carries.
Mr. Cosmas asked for clarification on which section they are seeking relief from. It was
determined to be Section 300-83(2), Mr. Cosmas stated that this is a minimal request.
Mr. Barone asked if the porch will be extended to where the wooden stakes are located, shown in
the picture provided, Mr. Crowell confirmed.
MOTION: Mr. Cosmas moved to GRANT a Special Permit at 7 Miller Road under
Section 300-83(2) of the Zoning Ordinance to increase the existing covered front porch to
6'x20' extending from 2.5'to 3,2'into the front set back and to replace existing 44" x65"
covered stoop,subject to the plans submitted. Mr. Farinella seconded the Motion.
Votes in favor: 5-0 (Barone,Farinella,Rivera, Meisenhelter, Cosmas)
Motion carries.
Katherine Dane
requests a Special Permit under Section 300-81 A 1(b) of the Zoning Ordinance to construct a
one story 585 sq. ft. addition exceeding 25% on an existing nonconforming home. The property
is located at 31 Cornell Road in the RI O zoning district.
Alexandra Peterson(Architect)addressed the Board and stated that they are looking to construct
a one story 585 sq. ft, addition within the setbacks. The addition exceeds 25%, The existing
house is a little over 1,700 sq. ft.The total house will be 2,300 sq. ft. Tile neighborhood has
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Campanelli style homes built on slabs and as a result there is very little storage.. The applicant is
looking to build an ensuite and office space, while remaining on one level.
Ms. Dang stated that she would like to keep living on one level due to her deteriorating joint
condition.
Mr.Andrews stated that the request makes sense to him and the only reason for the Special
Permit is due to the volume increase. The design matches the house and keeps with the
neighborhood.
Ms. Peterson provided signatures from abutters in favor.
No one spoke in favor or against.
MOTION: Ms. Meisenhelter moved to close the public hearing.
Mr. Barone seconded the Motion.
Votes in favor: 5-0 (Barone,Andrews, Rivera, Meisenhelter,Andrews)
Motion carries.
Ms, Mcisenlielter stated that this type of addition is common with a Campanelli house and Ms.
Peterson confirmed. Mr. Farinella stated that it looks very nice.
MOTION: Ms. Meisenhelter moved to GRANT a Special Permit at 31 Cornell Road
tinder Section 300-81A 1(b) of the Zoning Ordinance to construct a one story 585 sq. ft.
addition exceeding 25%on an existing nonconforming home, subject to the plans
submitted. Ms. Rivera seconded the Motion.
Votes in favor: 5-0 (Baron,Andrews, Rivera, Meisenhelter,Andrews)
Motion carries.
Larcom Performing Arts Theater LLC
requests a Special Permit under Sections 300-72 and 300-66 of the Zoning Ordinance to restore
the 1912 marquee on the building faVade exceeding size and projection allowed by the current
zoning ordinance. The property is located at 13 Wallis Street in the CC zoning district,
Lisa Crowell stated that she is a co-owner of the theater and that they began the restoration of the
1912 marquee last year. The Design Review Board approved the design in June and has made a
favorable recommendation to the Zoning Board. The size and projection of the sign is greater
than what is allowed in the CC zone.
Robert Viet, 15 Wallis Street stated that he lives next door to the theater,and he would like to
know why they want a marquee back up when there hasn't been one up for at least 20 years. The
previous owner took it down because it was rotted. Mr. Viet stated that it is going to create more
problems for him with people unloading trucks and loitering. Mr. Viet asked if there are pictures
of the new marquee and what the dimensions are and whether or not it's going to be lit.
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Mr. Cosmas asked if Mr, Viel was certain that the traffic doesn't come from Off Cabot and Mr.
Viel confirmed.
Mr. Farinella stated that if the marquee creates an overhang it might result in less people hanging
out in front of Mr. Viel's house.
Mr. Barone stated that it is worth clarifying that the theater is allowed a marquee, it's just the size
is in excess of what is allowed by right. The applicants are here because they want to match the
original marquee, but they could put something up smaller that matches and they wouldn't have
to come before the Board.
Ms, Crowell stated that they worked with a sign company whose main job is to restore signs and
the replica is the exact dimensions of the original marquee.
Mr.Andrews asked how long the building has been a theater and Ms. Crowell stated since 1912.
Mr. Cosmas asked when the last time the theater a marquee and Ms. Crowell had stated it was in
the S0's.
MOTION: Mr. Barone moved to close the public hearing.
Mr. Farinella seconded the Motion.
Votes in favor: 5-0 (Barone,Farinella, Rivera, Cosmas,Andrews)
Motion carries.
Mr. Barone stated that when this project came before the Design Review Board there was a lot of
excitement that it was returning to something that matches the original photos.
Mr.Andrews asked what is allowed in the CC district and Mr. Butler stated that there is a wide
range of commercial uses.
Mr, Cosmas stated that he thinks the community will benefit from the Larcom Theater being a
prospering venue.
Mr.Andrews asked what the lighting would be, and Ms. Crowell stated it has LED lighting and
that there are 5 lights underneath.
MOTION: Mr. Farinella moved to GRANT a Special Perrnit at 13 Wallis Street under
Sections 300-72 and 300-66 of the Zoning Ordinance to restore the 1912 marquee on the
building facade, exceeding size and projection allowed by the current zoning ordinance,
subject to the design submitted and as approved by the Design Review Board.
Mr. Barone seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella, Rivera, Cosmas,Andrews)
Motion carries.
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Brian Ortins
requests a Special Permit tinder Section 300-86(C) of the Zoning Ordinance to demolish an
existing nonconforming house and rebuild a new nonconforming single-fancily home. The
property is located at 7 Parsons Drive in the R10 zoning district.
Tire Board of Health provide a letter in support of this application.
Brian Ortins addressed the Board and stated that the property is currently unsafe and
uninhabitable. In order for him to close on the property it is conditioned on the approval of this
Board permitting him to demolish and rebuild on the existing footprint. The right side is
nonconforming. It is currently a cape style home but the rebuild will be a colonial under 35'.
No one spoke in favor or against.
MOTION: Mr. Barone moved to close the public hearing.
Mr. Farinella seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella,Rivera, Meisenhelter,Andrews)
Motion. carries.
Mr. Farinella stated that the proposal looks nice. Mr.Andrews stated that it looks like there will
be an increase in volume and Mr. Ortins confirmed and stated it will be less than a 25% increase.
Mr.Andrews stated that this project will make the neighborhood safer.
Ms. Meisenhelter asked if this is a complete demo and Mr. Ortins confirmed and stated that the
structure is collapsing on its own.
Ms. Rivera stated that given that the Board of Health condemned this building and deemed it
unfit for habitation she is inclined to put forward a motion.
MOTION: Ms. Rivera moved to GRANT a Special Permit at 7 Parsons Drive to
demolish and rebuild a single-fancily home, subject to the plans submitted.
Mr. Barone seconded the Motion.
Votes in favor: 5-0 (Barone, Farinella, Rivera, Meisenhelter,Andrews)
Motion carries.
IV. OTHER BUSINESS
A. Approval of April 24, 2024 Meeting Minutes(Andrews)
MOTION: Mr.Andrews moved to approve and accept the minutes of the April 24, 2024
zoning board meeting as written. Ms. Rivera seconded the Motion.
Votes in favor: 5-0 (Rivera, Farinella, Meisenhelter,Andrews)
Motion carries.
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Approval of May 22, 2024 Meeting Minutes(Rivera)
MOTION. Ms. Rivera moved to approve and accept the minutes of the May 22, 2024
zoning board meeting as written. Mr. Cosmas seconded the Motion.
Votes in favor: 4-0 (Barone,Farinella, Rivera, Cosmas)
Motion carries.
Approval of the June 26, 2024 Meeting Minutes (Andrews)
MOTION: Mr.Andrews moved to approve and accept the minutes of the ,tune 26, 2024
zoning board meeting as written. Ms. Meisenhelter seconded the Motion.
Votes in favor: 5-0 (Barone,Meisenhelter, Farinella, Cosmas,Andrews)
Motions carries.
MOTION: Mr. Cosmas moved to adjourn the Zoning Board meeting at 9:08 pm.
Ms. Meisenhelter seconded the Motion.
All in favor.
Motion carries.
Leanna Harris,Administrative Assistant
Board of Appeals of the Zoning Ordinance
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