2012-04-24CITY OF BEVERLY
PUBLIC MEETING MINUTES
These minutes are not a verbatim transcript of the public hearing or public meeting
of the Board of Appeals. Reviews of the decision or outcome of the public
hearing should include an examination of the Board's Decision for that hearing.
Board: Zoning Board of Appeal
Date: April 24, 2012
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Acting Chairperson Jane Brusca
Full Member: Scott Ferguson
Alternate Members: Pamela Gougian and John Harden
Others Present: Building Commissioner — Director Steve Frederickson
Clerk for the Board — Diane Rogers
Absent: Day Ann Kelley, Margaret O'Brien, Joel Margolis and
Sally Koen
Acting Chairperson Jane Brusca opened the meeting to the public at 7:00 p.m.
Minor Modification to Comprehensive Permit for Holcroft Park Homes, LLC
Represented by Thomas Alexander, Esq.
Attorney Thomas Alexander stated that the First Phase of work authorized by the
Comprehensive Permit, has been completed and 29 units in Phase 1 are now occupied.
The owners of the property are about to undertake the construction of Phase II,
constituting the remaining 29 units authorized by the Comprehensive Permit.
In the course of the build out of Phase I a number of minor "in the field" changes were
made due to site conditions which are slightly different from the plan attached to the
Comprehensive Permit. The applicant requests approval for the following minor
modifications:
1. New planting beds incorporating drought and shade tolerant plantings will replace
grass strips located between 9 Mill and 23 Mill .
2. Bike storage shown on the north side of 9 Mill and 23 Mill is moved to 7 exterior
bike racks installed in the parking area. Areas designated Bike on prior approved
plan will be used for building maintenance and security.
3. Vehicle traffic flow has been reversed to eliminate queuing. Cars will enter at the
east driveway and exit at the west driveway.
4. Electrical transformer was installed by National Grid at rear of parking lot near
property line between 23 Mill and 22Grant St. Transformer is encircled with
concrete and metal bollards, requiring reconfiguration of diagonal parking spaces
in lot. New number of parking spaces remains 31, with 23 spaces in Mill St. lot
and 8 spaces on Grant St. as required by the terms of Comprehensive Permit.
5. Fiber cement siding will be used for all building exteriors as required. New
vertical panel siding in contrasting colors has been added to building exteriors in
keeping with Design Review Board recommendation.
6. An entry door shown on approved plans was changed to a window due to
difficulties caused by street grading.
7. A fully- accessible unit on the first floor was moved to the west (9 Mill) and
east (23 Mill) end of the building and an exterior ramp was added to provide
a second means of egress to those unit tenants.
Attorney Alexander submitted a first and second floor plan of the building to show
exactly where the changes would be located (A100) and ADA unit (101) and ramp (SKA
-44)
No one from the public had any questions or comments regarding this request.
Acting Chairperson Jane Brusca asked the Board members for their questions and
comments. Mr. Ferguson asked if the plantings would be maintained and replaced if
necessary. Atty. Alexander replied yes and that could be a condition placed in the
decision. Mr. Ferguson asked if there was any coverage over the bicycle storage area and
if locks could be used to protect the bicycles from being stolen. Atty. Alexander
responded the bicycle storage area was not covered, however, the bicycles could be
locked into place. Ms. Gougian asked if there were any other areas the bicycles could be
stored. Atty. Alexander responded no. Mr. Harden asked how many bicycles could be
stored in the area. Atty. Alexander responded he was not sure, however, the spaces
increased once moved outside. Mr. Harden asked if bicycle storage was a requirement in
the comprehensive permit. Atty. Alexander responded no it was not a requirement.
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Mr. Ferguson made a motion to approve the seven (7) minor modifications, which were
shown on Plan L100 dated 3/26/2012 and Elevation Plan A200 dated 12/02/2011 with the
condition that the plantings beds will be maintained and replaced if necessary. Subject to
plans submitted this evening. Seconded by Mr. Harden. Motion carried 4 — 0. ( Brusca,
Ferguson, Gougian, and Harden in favor)
8 Northern Avenue — R -10 Zone- Gretchen Hartigan
Variance Request
Mr. and Mrs. Hartigan spoke on their own behalf. They explained the request to
construct an attached two -car garage (27 -feet wide, 36 -feet in length, and 21.5 -feet in
height) with a 17.3 -foot rear setback instead of the required 25 -feet. She added there
would be a handicapped bathroom and shower on the first floor and an attic storage type
room on the second floor. They believe there are no other options for placement of this
garage based on the layout of the lot. The existing garage will be demolished.
Photographs of the dwelling and plans were submitted to the Board for review.
Acting Chairperson Jane Brusca asked if anyone from the public had any questions or
comments relative to this property. There being no one present the Board members
stated their questions and comments. Ms. Brusca questioned the installation of a
bathroom on the first floor of the proposed garage. Mrs. Hartigan stated her father had
MS and her dwelling did not have a first floor shower. She added this addition would not
be an apartment. Mr. Ferguson explained the criteria for obtaining a variance, which is
shape of the lot, position of the dwelling on the lot, ledge being present. He added he
believed this proposed addition was very large almost the size of the existing dwelling.
Ms. Brusca concurred. Mrs. Hartigan responded that the handicap bathroom required
wheelchair accessibility and a ramp was being constructed to join the garage to the first
floor of the dwelling for her father to enter. Ms. Brusca suggested perhaps you should
only propose a new bathroom. Mr. Harden discussed "size" possibilities. Mr.
Frederickson/Building Commissioner stated this was a nonconforming dwelling, which
cannot be enlarged more than 25 %. This proposal is over 50% and would require a
variance. Ms. Brusca suggested withdrawing the petition without prejudice, which would
allow them to return in the future and reconfigure the plan. Mr. Ferguson suggested the
petitioner continue the project to the next scheduled meeting in June and present a new
plan.
A motion was made by Mr. Ferguson to allow the petitioner to continue this project to the
next scheduled meeting in June of 2012. Subject to signing a waiver of time. Seconded
by Mr. Harden. Motion carries 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in favor)
586 Hale Street, LLC — CN Zone — By Tom Alexander, Esq.
Modification of a Finding
Attorney Alexander spoke on behalf of Jeffrey Lawler owner of 586 Hale Street, LLC.
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He explained his request for a modification of a finding to allow the previously approved
623 sq. f t. 2nd floor Mezzanine of the front ( "Retail ") building to be expanded to include
the full second floor area of 1,430 sq. ft. There will be no change to the approved
exterior of the building. Petitioner will add (3) additional marked parking spaces on site
in areas where parking spaces had existed but not been previously marked and lined.
Atty. Alexander stated a unique furniture store might be interested in renting this building
space if they could have increased space in the mezzanine.
Attorney Alexander went before the Board March 27, 2012 to request this minor change.
The Board felt this was not minor and preferred that Attorney Alexander re- publish the
request and return at the April 2012 meeting.
Atty. Alexander stated there would be one change in the construction, the stairway will
be moved in the center of the building and therefore, the window area will become the
location of the front door and the windows will be installed where the original front door
was located.
John Michaud, architect for the project reflected on the new plan showing the additional
(3) parking spaces on site and explained they would be marked and lined. He added one
of the parking spaces would be handicapped van accessible. The 623 sq. ft. 2nd floor
Mezzanine of the front "Retail" building is to be expanded to include the full second
floor area of 1,430 sq. ft. The increase would be 807 square feet.
Acting Chairperson Jane Brusca asked if anyone in the public had any questions or
comments relative to this petition. Mr. Fennessy of 11 Paine Avenue voiced his concerns
regarding the parking on site and the existing spaces for the MBTA. He believes
commuters will park in the spaces on Mr. Lawler's property and things will become
hectic and will change the neighborhood area. Building Commissioner Steve
Frederickson stated that the owner of this property could gate the entire area. Alexandra
Cutley of 5 Prides Park felt the parking allotted was inadequate. Mr. Britton Hutchings of
60 Paine Avenue asked where the overflow of traffic would go. He stated his concern of
fire lanes. Mr. Frederickson, Building Commissioner responded "these buildings are not
large enough" to require fire lanes. Mr. Hutchings felt this would create a change in his
quiet neighborhood. Mr. Greg Murray of 584 Hale Street stated the increase in the
proposed square footage would cause him to loose his backyard privacy. His wife Karen
stated there would now be 7 windows on the second floor looking out at her property.
She felt this was a dramatic change in her area especially since some of the trees were
removed. Another resident stated there is just a feeling of unrest with the traffic aspect of
this proposal.
Acting Chairperson Ms. Brusca asked the Board members for their questions and
comments. Mr. Ferguson read the public hearing section written in the decision of May
2011. He commented that Mr. Flynn of 590 Hale Street was in support of this project
along with several other neighbors on Prides Park Avenue and Hale Street. He added this
project is located in a CN District, which allows commercial use and that the parking
requirement has been met. Mr. Harden feels this project adds to the neighborhood. Ms.
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Gougian referred to Sect 29 16 CN Neighborhood Commercial District "A" which states
this district is established principally to allow for limited commercial development
adjacent to residential neighborhoods, intended to serve primarily those neighborhoods.
Ms. Brusca commented that the project will change the way the area will appear but will
be good for the neighborhood. She added the building looks nice. She believes there are
only (3) trains, which leave before 8:00 a.m. in the morning. She does not believe there
will be that many more people parking at the site to go to Boston. Atty. Alexander stated
the parking on site will be paved and marked. He added that signs could be installed to
read "Parking for tenants only, violators will be towed ". Mr. Ferguson stated he did take
into consideration the impact upon this neighborhood.
A motion was made by Mr. Harden to allow the modification of the finding at 586 Hale
Street to allow the previously approved 623 sq. ft. 2nd floor Mezzanine of the front
"Retail" building to be expanded to include the full second floor area of 1,430 sq. ft.
There will be an addition of (3) marked parking spaces on site. Subject to the plans
submitted this evening. Note that the windows in the front of the building will be
relocated where the original door is and the door will be where the windows were
because the inside stairway had to be relocated to the middle of the room. Seconded by
Mr. Ferguson. Motion carries 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in favor)
9 Lexington Drive — R -10 Zone — John Sheehen
Special Permit Request
Mr. Sheehan spoke on his own behalf. He is requesting to construct a 16 -feet by 20 -feet
one story family room with farmer's porch between dwelling and garage with a rear yard
setback of 16.4 -feet instead of the required 25 -feet. The existing 7 -feet by 8 -feet enclosed
porch is collapsing and unsafe. Mr. Sheehan spoke to his neighbors in regard to his
proposed addition.
Photographs and plans of the proposal were submitted to the Board for review.
A petition was submitted to the Board with the following names in favor of the proposal:
Marcia Granfield of 7 Lexington Drive, Edna Eriksen of 8 Lexington Drive, Jeff Smith of
10 Lexington Drive, David Keefe of 12 Lexington Drive, Martin Robledo of 13
Lexington Drive and Diane and Paul Carnevale of 4 Medford Street and Tom Milianes of
3 Medford Street.
Acting Chairperson Jane Brusca asked if anyone from the public had any questions or
comments relative to this proposal. There being no one present she asked the Board
members for their questions and comments. Mr. Ferguson stated he was in favor of this
petition. Mr. Harden stated the drawings of this proposed addition were done well.
A motion was made by Mr. Ferguson to grant the special permit to Mr. Sheehan of 9
Lexington Drive to build a 16'by 20' family room with farmer's porch on the front,
connecting the existing dwelling and garage. Seconded by Ms. Gougian. Subject to the
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plans submitted. Motion carried 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in
favor)
25 Andover Road — R -10 Zone — Steven Santosuosso
Special Permit Request Or Variance
Mr. Santosuosso spoke on his own behalf. He is requesting to demolish and reconstruct a
fire damaged non - conforming dwelling on existing foundation with no increase in size.
Mr. Ferguson asked why this petition was advertised as a special permit or variance. Mr.
Frederickson, Building Commissioner responded that at the time of filing Mr.
Santosuossos' plot plan was not completely drawn. When he submitted the plan it was
determined per Section 29 -27 -K1 B that part of an existing nonconforming dwelling
which is nonconforming with respect to a minimum yard setback may be enlarged or
extended in that yard, provided the ZBA grants a special permit and provided that the
degree of nonconformity is not greater than 50% of the required minimum yard setback.
Mr. Frederickson added that the old zoning requirement would allow this proposal on the
same footprint by right.
Acting Chairperson Jane Brusca asked if anyone from the public had any comments or
questions regarding this petition. There being no one present, she asked the Board
members for their questions and comments. Mr. Ferguson asked if the dwelling would be
reconstructed on the same foundation, have the same volume, just modernized. Mr.
Santosuosso replied yes. Ms. Brusca asked if this dwelling contained an apartment when
he purchased it. Mr. Santosuosso responded the apartment has always been there. Ms.
Gougian asked how many sheds were located on the property. Mr. Santosuosso replied
one of the sheds would be demolished.
A motion was made by Mr. Ferguson to grant the Special Permit to demolish and
reconstruct a fire- damaged nonconforming dwelling on exiting foundation with no
increase in size at 25 Andover Road. Seconded by Ms. Gougian. Subject to plans
submitted. Motion carries 4 — 0 ( Brusca, Ferguson, Gougian, and Harden in favor)
25 Folur Avenue — R -10 Zone — Nancy Fraser /by John P. Mancini, Jr. Agent
Special Permit Request
Mr. John P, Mancini, Jr. of 10 Vernon Avenue, Stoneham, MA spoke on behalf of the
owner Nancy Fraser. He is requesting to reconstruct a non - conforming single - family
residence destroyed by fire, on existing foundation. He stated the new single - family
dwelling would contain (4) bedrooms. He added the reconstruction in no way would
change the use, occupancy, or footprint of the structure. Parking will be off street on an
existing driveway. Mr. Mancini stated he would be reusing available water and sewer
lines not damaged by fire.
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Mr. Charles Bamberg offered the owner three (3) designs to choose from. Ms. Fraser
changed her mind and tonight her new plan was submitted to the Board to review. Mr.
Bamberg stated it was similar. Ms. Brusca asked if the proposed dwelling would be on
the same foundation and have the same footprint. Mr. Mancini, agent for the owner
responded that the new dwelling would be on the existing foundation and contain the
same footprint. Mr. Frederickson stated this project is less than 50% larger. Mr. Harden
asked how may stories were on the former dwelling, how many square feet, and what was
the height of the new proposed dwelling. Mr. Mancini responded the dwelling contained
2,012 square feet and the height of the dwelling was 29 feet. Ms. Gougian conducted a
site visit and stated all that was on the lot was the existing foundation. Mr. Ferguson
asked if the photo in the packet submitted was the dwelling that caught fire. He then
asked if there was a dormer on the second floor. Mr. Harden asked if there were any
letters from neighbors in favor of this proposal. Mr. Mancini responded that he did speak
to the neighbors but did not collect any letters from abutters. Ms. Gougian stated this
design was in character with the neighborhood.
Acting Chairperson Jane Brusca asked if anyone from the public had any questions or
comments relative to this proposal. No one was present with any questions.
Ms. Gougian made a motion to grant the special permit at 25 Folger Avenue to
reconstruct a nonconforming single - family residence destroyed by fire, on existing
foundation. Subject to the plans submitted this evening. Seconded by Mr. Ferguson.
Motion carries 4 — 0. ( Brusca, Ferguson, Gougian, and Harden)
Administrative Business:
The March minutes were not voted upon because some of the Board Members had not
read them.
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