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ZBA 10-30-24 CITY of BEVERLY Zoning Board of Appeals October 30, 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, Kellie Rivera, Laura Meisenhelter and alternate member Michael Barone, Jr. Others Present: Jim Butler, Building Commissioner Leanna Harris, Administrative Assistant Location: Council Chambers City Hall, 191 Cabot Street, Beverly Kevin Andrews, Chairperson began the meeting at 7:02pm and introduced the Board members present. I. CONTINUED HEARINGS Alexander & Femino o/b/o William F. and Joyce M.Howard,Trustees requests a Variance in accordance with Sections 300-34D (1) and (2) of the Zoning Ordinance to divide the existing property which consists of 3 lots under the original recorded subdivision plan for this neighborhood into 2 lots, 1 having 102,80 of frontage and 11,859 sq. ft. of area and the other having 53.67 feet of frontage and 5,300 sq. ft of area where zoning requires 100` of frontage and 10,000 sq. ft. of area. The property is located at 2 Sylvester Avenue in the R10 zoning district. Tom Alexander, Esq. (Alexander&Femino) addressed the Board and stated that the applicants would like to withdraw the application for a Variance at 2 Sylvester Avenue without prejudice. MOTION: Mr. Cosmas moved to GRANT the request to withdraw the application for a Variance at 2 Sylvester Avenue without prejudice. Mr. Farinella seconded the Motion. to5 in Fav : 5-0 (Andrews, Cosmas, Farinella, Rivera, Meisenhelter) Motion carries. Alexander &Femino o/b/o David Carnevale requests a Variance under Section 300-43D (1) (2) (4) (5) to allow a single-family residence to be built on a vacant lot within an 83 lot subdivision created in 1906. Like many of the existing houses in this subdivision it will have less area, frontage and setbacks than required by current zoning. The lot is 3,708 sq. ft., has 45' of frontage and the proposed house would be located 8.4' from the side lot line and 20.3' from the rear lot line, while current zoning calls for 10,000 sq. ft. area, 100' frontage, 15 foot side yard setback and 25 foot rear yard setback. The property is located at 23 James Street in the R10 zoning district. Tom Alexander, Esq. (Alexander&Femino) addressed the Board and stated that the applicant is requesting to withdraw without prejudice. They had requested a 60-day continuance to revise plans and meet with neighbors but they were unable to have everything prepared for tonight. They may come back before the Board at a future meeting. MOTION: Mr. Farinella moved to GRANT the request to withdraw the application for a Variance at 23 James Street without prejudice. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Barone, Cosmas, Farinella, Rivera, Meisenhelter) Motion carries. II. NEW PUBLIC HEARINGS Heather Chisholm requests a Variance to allow relief from 300-55 Accessory Dwelling Units, Section 6 to allow new dwelling to be 800 sq. ft. of living area which is more than 50% of the principle building gross floor area where current zoning calls for 675 sq. ft. The property is located at 19 Temi Road in the RI zoning district. Heather Chisholm addressed the Board and stated that she is proposing to put an 800 sq. ft. accessory dwelling unit onto the house for her mother. An inside wall would be moved into the existing porch area. Ms. Chisholm stated that there used to be beautiful trees in the back but now swamp has encroached 12'into their yard. Ms. Chisholm stated that she had to have a$20,000 retaining wall installed so now there is much less of an area in the back. No one spoke in favor or against. Mr. Andrews asked for confirmation that the size of the primary residence and the addition of the ADU is outside what is allowed by the ordinance. Ms. Chisholm confirmed and stated that the existing house is a little over a 1,000 sq. ft. Mr. Barone asked if the additional square footage will be taken from the existing house and Ms. Chisholm stated that it will come from half of the existing porch when the wall is moved. Ms. Chisholm stated that she isn't requesting more square footage, she is just moving a wall. Mr. Andrews asked what the hardship is and Ms. Chisholm stated that it is definitely financial. Mr. Cosmas asked if they have reached out to the neighbors and Ms. Chisholm stated that she has and signatures were included with the zoning application. Mr. Farinella stated that the proposed addition is 125sq, ft. larger than what the ordinance allows and Ms. Chisholm confirmed and stated without a Variance she is only allowed 675 sq. ft. which is tiny. Page 2 of 7 MOTION: Ms. Rivera moved to close the public hearing. Mr. Barone seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Rivera, Barone) Motion carries. MOTION: Ms. Rivera moved to GRANT a Variance at 19 Temi Road to allow relief from Section 300-55(6) to allow new accessory dwelling unit to be 800 sq. ft. of living area which is more than 50% of the principle building's gross floor area where current zoning calls for 675 sq. ft. due to a hardship created by following the standard zoning ordinance and the environmental challenges surrounding the property, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas,Farinella, Rivera, Barone) Motion carries. Kevin Lech requests a Special Permit under Sections 300-83A (lb), (2) and a Variance under Section 334D (4) to extend a roof and add a front and rear dormer to an existing single-family residence exceeding 25% and encroaching into the front, left and right side setbacks. The property is located at 8 Baden Street in the RIO zoning district. Mr. Cosmas recused himself. Bill Nolan (Savoie Nolan) addressed the Board on behalf of the applicant and stated that the house was built in the 1940s and it is a cape style house with two bedrooms and an unfinished basement and attic. The applicants purchased the house in the early 90s but when they outgrew it and moved out, Mr. Lech's mother moved in. They are looking to do some renovations and add more living space before they move back into the house. Mr.Nolan provided 2 letters in support from the abutters at 6 and 10 Baden Street. Mr. Nolan provided an overview of both the existing and proposed Site Plan, It is nonconforming in lot area, frontage, left side and right side. The rear set back is the only conforming setback. The existing house is 24' in height and the existing floor area of the house is 1,804 sq. ff. The proposed plans do not go outside the existing footprint. They are proposing a shed dormer in the rear and off the front. The dormered area will be an open space to be used for a primary bedroom. The ridge will be raised 3.4' to accommodate for the extra ceiling thickness and to have proper head space. The applicants are requesting a Special Permit because they are over 25%of the gross area. It is an extremely small house when not including the existing unfinished basement and attic. The square footage is currently 1,804 sq. ft. and it will increase 41% to 2,548 sq. ft. The applicants are requesting a Variance due to the nonconforming setbacks to allow the extension of the nonconformity. The shape and size of the lot and the house's proximity on the lot create the hardships. Page 3 of 7 Susan Donath, 2 Boden Street stated that she has two houses that are in close proximity to the new tennis courts. She just lived through months of construction where the foundations shook from the noise and vibrations. Ms. Donath stated that she is concerned about having construction crews use the area in front of her home as a staging area. She has had experiences with people putting dumpsters in front of her house and others unproperly wrapping insulation, etc. Mr. Barone stated that he suggests if this application is approved and there are construction vehicles encroaching on Ms. Donath property that she reaches out to owner. Mr.Nolan stated that dumpsters and staging would be handled onsite and not in the public way. They will also notify the contractor to not park in front of her home. Mr. Andrews stated that it is a reasonable request and the Special Permit is needed due to the preexisting size of the property. The square footage will be increased within the existing house. The Variance is needed because of pre-existing setback encroachments. Mr. Andrews asked for confirmation that they are staying below the 35' height limitation and Mr. Nolan confirmed. Mr. Barone stated that he agrees that this is a reasonable request to convert uninhabitable space to increase square footage. MOTION: Mr. Farinella moved close the public hearing. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Andrews, Barone, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Mr. Barone moved to GRANT a Special Permit at 8 Boden Street under Sections 300-83A (lb), (2) due to proposed renovations increasing square footage over 25% of the gross area, subject to the plans submitted. Ms. Rivera seconded the Motion. Votes in Favor: 5-0 (Andrews, Barone, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Mr. Barone moved to GRANT a Variance at 8 Boden Street under Section 334D (4) to construct front and rear dormers encroaching into the front, left and right side setbacks due to the shape and size of the lot and the house's proximity on the lot create the hardships, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Andrews, Barone, Farinella, Rivera, Meisenhelter) Motion carries. Sean Gannon requests a Special Permit under Section 300-34D (4) and a Variance under Section 300-863A (1B) to construct a second floor addition with a 1' garrison over existing single family home. The property is located at 37 Walcott Street in the R10 zoning district. Page 4 of 7 Tom Fallon, Esq. addressed the Board on behalf of the applicants and stated that Mr. Gannon has been a Beverly police officer for many years and also that he comes from a long family line living in Beverly. The house is very small and they are looking to add a couple of bedrooms. The lot is also very small and in a neighborhood of small nonconforming houses. Mr. Gannon is looking to build a second story similar to what many houses in the neighborhood have done. The side set back is nonconforming. The width of the lot in the front is 55' and goes back to 42'. The renovations would go up and go out one foot on either side. Ron Wagner, 39 Walcott Street stated that he is the applicant's only neighbor and they share a 2,300 gallon septic system. Mr. Wagner stated that he doesn't know if that has to be moved or changed. All of the plumbing is in one corner of his home and it is about 20' to the holding tank, the applicants are 40' to the tank.Mr. Wagner stated that he is concerned that it will have to be changed. Sean Gannon stated that he doesn't want anything to change with regard to the septic system. Mr. Butler stated that this will also be reviewed by both Engineering and the Health Department. Mr. Cosmas stated that the reason for the Variance is to allow for the one-foot garrison addition on the nonconforming side and Mr. Fallon stated that there is 15' on one side and that the other side is very tiny. Mr. Fallon stated that the addition is primarily going up. Mr. Barone stated that on the plan it looks like only one side is exacerbated. MOTION: Mr. Barone moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Barone, Rivera, Meisenhelter) Motion carries. Mr. Barone stated that he thinks that this is a fair request. The existing lot line locations and the existing structure leaves the applicant few options other than to go up. Mr. Barone stated that he thinks the circumstances of the property require the relief. Mr. Andrews asked if the house is made out of aluminum or if it just the siding. Mr. Gannon stated it is just the siding. Mr. Andrews stated he agrees that it's a reasonable request. MOTION: Mr. Barone moved to GRANT a Special Permit at 37 Walcott Street under Section 300-34D (4) for the 25% expansion of the existing nonconforming structure, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Barone, Rivera, Meisenhelter) Motion carries. Page 5 of 7 MOTION: Mr. Barone moved to GRANT a Variance at 37 Walcott Street under Section 300-863A (1B) to construct a second floor addition with a 1' garrison over an existing single family home, further encroaching into the side set back due to the size of the property and location of the existing structure causing a hardship, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Andrews, Cosmas, Barone, Rivera, Meisenhelter) Motion carries. Jeremiah and Eleanor Isibor request a Special Permit under Sections 300-34C(1)0) and 300-83(1)(b) to construct an ADU addition onto an existing nonconforming structure on a nonconforming lot. The ADU will be less than 50%but greater than the 25% allowed. The property is located at 8 Carver Street in the R10 zoning district. Eleanor Isibor addressed the Board and stated that they are originally from Manchester by the Sea and that she is an elementary school teacher in Stoneham. They have two young children and her parents watch their youngest. As her parents are aging, they are looking to change their living situation. They have looked into downsizing and apartments. Ms. Isibor stated that they are proposing to construct an accessible accessory dwelling unit. Glen Johnstone (Architect) provided an overview of the proposed plans. The current house is nonconforming. They are looking to add 906 sq. ft. which is less than 50% of the current living space. They are also looking to add a sunroom onto the main house. A portion of the second floor addition(406 sq. ft.) will be added to the main house for a master suite. The lot is under sized and they are sitting in the front yard setback. They are also over the 25% allowance. The ADU will have one bedroom, one bathroom, and a kitchen/living room area. They are not exceeding height limits. No one spoke in favor or against. Mr. Andrews stated that the design looks nice and blends in with the current house and neighborhood. Ms. Rivera stated that the design serves the exact intent of the ADU ordinance and is an ideal request. Mr. Farinella stated that he agrees and Mr. Barone stated that he also agrees and that this is a great application. MOTION: Mr. Cosmas moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in Fa : 5-0 (Barone, Cosmas,Farinella, Rivera, Meisenhelter) Motion carries MOTION: Mr. Barone moved to GRANT a Special Permit at 8 Carver Street under Sections 300-34C(1)0) and 300-83(1)(b) to construct an ADU addition onto an existing nonconforming structure on a nonconforming lot. The ADU will be less than 50% but Page 6 of 7 greater than the 25% allowed, subject to the plans submitted. Mr. Farinella seconded the Motion. Votes in Favor: 5-0 (Barone, Cosmas, Farinella, Rivera, Meisenhelter) Motion carries. MOTION: Mr. Barone moved to GRANT a Special Permit at 8 Carver Street for the proposed ADU with a finding that the specific site is appropriate. Ms. Meisenhelter seconded the Motion. Votes in Favor: 5-0 (Barone, Cosmas, Farinella, Rivera, Meisenhelter) Motion carries. OTHER BUSINESS A. Approval of August 28, 2024 Meeting Minutes (Barone) MOTION: Mr. Barone moved to approve the Minutes from the August 28, 2024 meeting. Ms. Rivera seconded the Motion Votes in Favor: 5-0 (Barone, Cosmas,Farinella, Rivera, Meisenhelter) Motion carries. B. Approval of September 25, 2024 Meeting Minutes (Andrews) MOTION: Mr. Andrews moved to approve the Minutes from the September 25, 2024 meeting. Ms. Rivera seconded the motion. Votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Rivera, Barone) Motion carries. PUBLIC COMMENT Steve Kranish(30 Pratt Avenue) expressed concern about all of the nonconforming lots in Beverly. MOTION: Mr. Cosmas moved to adjourn the meeting at 8:21pm. Mr. Farinella seconded the Motion. votes in Favor: 5-0 (Andrews, Cosmas, Farinella, Rivera,Meisenhelter) Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 7 of 7