2009-08-25CITY OF BEVERLY MASSACHUSETTS
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 be included in examination of the Board's Decision for that hearing.
Board: Zoning Board of Appeal
Date:
August 25, 2009
Place: Beverly City Hall, 191 Cabot Street, Councilors
Chamber, Y floor, 7:00 p.m.
Board Members Present: Full Members: Day Ann Kelley, Chairperson,
Scott Ferguson, Margaret O'Brien, Jane Brusca
and Joel Margolis. Alternate Members: Pamela
Gougian and Sally Kohen.
Others Present: Director of Municipal Inspections- Zoning Officer
Steven Frederickson and Clerk of the Board
Diane Rogers
Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. She stated
there were 5 cases scheduled this evening and a holdover. She explained the process of
obtaining a special permit /finding and variance to the public.
Chairperson Kelley stated that the Hansbury Court, LLC petition had been continued
from the May, June and July hearing. A letter was submitted to the Clerk of the Board
from Attorney Marshall Handly, representing the petitioner, requesting the hearing on
this matter be continued at the September 22, 2009 scheduled meeting or the next
available date. Ms. Kelley read his letter into record. She added this request was to
allow (3) dwelling units for a total of six - semi - detached dwelling units on the lot located
at 11 Congress /Wellman Street, in an R -6 Zoning District. The proposed townhouses are
greater than what is allowed. Mr. Ferguson read the legal advertisement into record.
Attorney Handly could not be here this evening because of personal reasons.
Mr. Ferguson made a motion and it was seconded by Ms. O'Brien to continue the petition
to the next scheduled meeting September 22, 2009. A Waiver of Time to be signed. Mr.
Margolis added that the proposed plans are to be presented two weeks before the hearing
for the Board to review. Motion carries unanimously.
36 Williams Street — R -10 Zone — George and Pamela Vanikiotis
Variance Request
Mr. Jeffery Ward, Contractor spoke on behalf of the petitioner's. He stated he was
requesting a variance to construct a 6 -feet by 12 -feet breezeway with an attached 15 -feet
by 25 -feet single -car garage which will encroach on the left side setback by 1.3 -feet and
rear setback by 8.3 -feet. He added he believed the hardship was the dwelling was
positioned on the corner of the lot and that there was no other alternative to place the
proposed garage and breezeway. Photographs were submitted to the Board for review.
Mr. Ward submitted the following petition of abutters in favor of his project: Sharon
Packard of 16 Guild Road, Emily Brown of 39 Friend Street, Terence A. Healey of 26
Guild Road, and Frank Costa of 23 Guild Road. Howard Marcley, Jr. of 40 Williams
Street was not in favor of the proposal.
Chairperson Kelley asked if any of the public had questions or comments. There being
no one present she then asked for the Boards questions and comments. Joel Margolis
asked what the hardship was on the project. Mr. Ward responded he believed the
hardship is the way the dwelling is positioned on the corner of the lot and that there was
no other alternative. He added that the current driveway is there and the proposed
breezeway would provide access into the dwelling. Mr. Margolis asked if there would be
an encroachment without the breezeway. Mr. Ward responded yes, an encroachment
would still remain. Ms. O'Brien stated the person objecting to this proposal lives to the
other side of the petitioner and would not be affected by the proposed addition. She added
that she is in favor of this petition. Ms. Kelley stated this property contains the required
10,000 sq. ft. of land in an R -10 Zone. She asked if the garage could be turned around at
an angle, made shorter, and positioned parallel to Guild Road. She believed this could
eliminate some of the encroachment. Mr. Ward stated an ordinary one -car garage would
measure 16 -feet by 22 -feet. He added that he specified a larger size garage for storage of
the lawnmower and various items. Mr. Ferguson stated several years ago he had work
done on his dwelling by Mr. Ward who he found to be reliable. He added he conducted a
site visit and he believes that reducing the size of the garage would alleviate some of the
encroachment.
Mr. Ferguson made a motion to approve the variance which requested the construction of
a one -car garage and breezeway encroaching on the rear setback of 8.3 -feet with the
condition that the length of the garage decrease by a minimum of 2 '/z -feet (to a new
length of 22 '/z -feet) so not to encroach on the side yard setback of 15 -feet. Seconded by
Ms. O'Brien. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, O'Brien, and Brusca in
favor)
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Administrative Business
Mark Glovsky, Esq. wrote a letter to the Zoning Board dated August 14, 2009 requesting
to amend two clerical errors with regard to the number of suites in the main residence
building comprising the Harvest Development LLC, for the Beverly Retirement Center.
The decision was filed with the City Clerk's office on February 17, 2009. Attorney
Amanda Gooding spoke on behalf of Mr. Glovsky. She stated the plans submitted with
the original Application for A Special Permit represented that the main building would
consist of 154 suites and that there would be an additional 18 -units contained in the 9
duplexes proposed for the project, yielding a total of 172 units. During the public
hearings, however, the Applicant represented to the Board that the number of units in the
main residents building had in fact increased to 155 units, producing a total number of
173 units in the project, and the floor plans for the main building submitted for the
Board's review in fact contained a total of 155 units However, the fifth paragraph of the
Decision, appearing on pages 1 and 2, contains a reference to a "154 unit" building, as
well as a reference to "172 units" as the total number of proposed units in the design. The
Applicant is concerned that the incorrect description of the project might lead to
confusion with regard to the issuance of the occupancy or other permit for the project.
Delete the Site Plan and floor plans attached to the Decision which reference "14 units"
in the main residence building and substitute the Site Pan and floor plans for the main
building attached to the letter dated August 14, 2009 which correctly references "155
units ". The attached plans also incorporate certain minor changes in the orientation and
setback of the main building from Conant Street which were approved by the Planning
Board and are incorporated into the terms of this Board'
Please note: 1 that the revisions increase the distances of the closest point of the
building to Conant Street from the approximately 115 feet on the prior version of the Site
Plan to approximately 140 -feet and increase the vegetative buffer between Conant Street
and the building from 75 to 90 -feet in most locations.
Chairperson Kelley read into record the (3) corrections to be made to the Decision and
the Board voted to amend the Decision to correct the above -cited references. Ms.
O'Brien stated so moved. Motion carries unanimously.
44 Shortell Avenue — Carleton Ekbm — R -10 Zone
Variance Request
Sally Koen voting for Margaret O'Brien
Withdrew Without Prediuice
Mr. Carleton Ekborg spoke on his own behalf. He stated he was requesting to construct a
2nd floor addition. The left side setback would be 13.5 -feet, the front setback would be
9.9 -feet and the right side setback would be 8 -feet instead of 15, 20, 15, respectfully. He
added he resided in a small two - bedroom dwelling with his wife and three daughters.
The lot contains 5,000 square feet of area. The additional square footage is for bedrooms.
Mr. Ekborg stated the addition would be modular and would arrive in pieces and would
be all constructed within a month. He submitted a petition with (13) neighbors in support
of this petition.
Day Ann Kelley, Chairperson asked if anyone from the public had comments or
questions. Mr. and Mrs. Silvio Salvanelli of 38 Shortell Avenue spoke in favor of this
proposal. Mr. Salvanelli stated the Ekborg's were nice respectable people who wanted to
remain in this neighborhood.
Ms. Kelley then asked the Board members for their questions and comments. Ms. Brusca
stated her only concern is the overhang. Ms. Kelley stated this is a nonconforming lot.
The setback is based on the overhang. Mr. Ekborg stated he wanted larger rooms for the
children so he decided on the overhang. Ms. Kelley explained that a hardship would be
the topography of the land, ledge, position of the dwelling on the lot or water issues. She
stated she did not see a hardship pertaining to this lot. She asked if Mr. Ekborg had
considered building out toward the backyard. Ms. Brusca concurred. Mr. Ferguson
made a site visit and stated the neighborhood consisted of mostly small cape designed
dwellings. He added that the dwellings located at 42 and 46 Shortell Avenue did have
second story additions but the lot was larger. Mr. Ferguson commented that needing
more living space is not a criteria for a variance. He suggested building into the rear
yard. Ms. Koen stated the petitioner and his family want to stay in the area even though
they looked at other property containing 4 bedrooms. Mr. Margolis stated he had a
problem with the mass of this building. He suggested building straight up which, would
make the bedrooms smaller but cut down on the massing of the building. Ms. Kelley
stated she had concerns with the appearance of the overhang. She asked if a new plan
could be designed. Building Commissioner, Steven Frederickson stated the petitioner
could go straight up, use the same footprint, and request a Special Permit Finding, not a
Variance. Ms. Brusca stated she was not in favor of this proposal. She believes there are
other alternatives such as demolishing the garage in the rear yard that is being used for
storage. Mr. Ekborg stated he would request to Withdraw Without Prejudice.
A motion was made by Mr. Margolis and seconded by Mr. Ferguson to allow the
petitioner to Withdraw his petition Without Prejudice. Motion carries unanimously.
(Kelley, Ferguson, Brusca, Margolis, and Koen in favor)
8 Willow Street — R -6 Zone — Glen Janvrin
Variance Request
Ms. Koen voting for Ms. O'Brien
Continued until the next scheduled meeting September 22, 2009
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Mr. Janvrin spoke on his own behalf. He is requesting to allow the proposed construction
of a 3 story addition 23 -feet by 11 -feet over existing first floor and deck, a 10 -feet by
11 -feet sunroom on the 1 st floor. Second floor addition to contain a 10 -feet by 11 -feet
playroom, and and l -feet by 14 -ft. bedroom located on the 3 floor. The addition will be
within the existing footprint. Mr. Janvrin stated he withdrew his petition without
prejudice at the January 2009 hearing. The Board suggested he scale down his request.
He stated he desperately is in need of another bedroom and playroom for his three
children. He showed the new plans and explained the new footprint. Ms. Brusca asked if
the 2nd and 3 floor were bedrooms. Mr. Janvrin responded he proposed a playroom on
the 2nd floor and a bedroom on the 3 floor. Ms. Kelley asked for elevations drawings.
She stated 31 -feet in height would fit into the neighborhood. Ms. Kelley asked if the
existing deck would remain. Mr. Janvrin responded the deck would remain. Ms.
Gougian asked how many square feet would be added to the dwelling when complete.
Mr. Janvrin responded there would be an extra 500- square feet. Mr. Margolis stated
there was a great improvement in the plans submitted tonight. He added that he was
concerned with the roofline and ridgeline. Mr. Janvrin responded that was the gable.
Ms. Brusca stated she did not see why the roof is so high. Mr. Janvrin responded there
will be a 10.9 -feet ceiling height on the 3 floor building. The Board realized the ceiling
would be a cathedral design. Mr. Ferguson stated he conducted a site visit and there are
no objections from the neighbors. He added that there are quite a few taller dwellings in
the neighborhood. Ms. Brusca read the legal ad into the record. She is not in favor of the
height on the third floor. She believes it detracts from the neighborhood. Ms. Kelley
stated the dwelling is a small older home and the owners are looking to improve it. She
added there is not much space because there is no front yard, which limits the options.
Ms. Kelley stated she was in favor of the proposal. Mr. Ferguson stated as a member of
the Board he would not stand in the way of this petition but he would not make the
motion. Ms. Kelley stated another option for Mr. Janvrin would be to scale back the plan
without the 3 floor level and continue the case until next month. Ms. Brusca stated the
plans submitted are difficult to read. She added the front and side elevations heights do
not match.
Chairperson Kelley asked how each Board member felt regarding this project. Ms Koen
stated she was ok with the plan. Mr. Margolis stated he could approve the plan because it
is better than the previous one. He would however, like there to be accurate plans for the
Building Inspector. Ms. Kelley stated the front and side elevations don't match. She
added the key here is the "height of the dwelling ". She stated she concurred with Mr.
Margolis and added "the Board can not vote without accurate elevations ". Mr. Ferguson
commented that one elevation indicates 31 -feet in height the other 27 -feet.
A motion was made by Mr. Ferguson to continue the hearing to the September 22, 2009
scheduled meeting. A waiver of time to be signed. Seconded by Mr. Margolis.
Motion carries unanimously. Conditions to be (1) have a specific clear set of plans and
revised elevations. (2) Please submit these plans to the Building Department before the
meeting.
(Continued to Sept. 22, 2009)
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16 Fern Street — R -15 — Zone — Brian and Toni Wolonsavich
Mr. Michael Allen, Builder, of 5 Independence Circle, spoke on behalf of Mr.
Wolonsavich. He is requesting to construct a proposed 10 -feet by 36 -feet new farmers
porch which would encroach 6 -feet upon the front yard setback of 30 -feet. Ms. Kelley
asked if the encroachment was 5 -feet plus or minus and Mr. Allen responded he would be
encroaching approximately 6 -feet. Mr. Margolis stated a portion of the proposed farmers
porch appeared to be a new addition. Ms. Kelley stated she feels that frontage impacts
the street of the whole neighborhood. Mr. Ferguson stated he saw no hardship conditions
on this property. Building Commissioner Steven Frederickson stated the shape of the lot
would be considered a hardship.
Chairperson Kelley asked members of the public for their questions and comments. Mrs.
Wolonsavich spoke in favor of this petition. She addressed the Board and stated her front
door has water rot and that the water also enters her dwelling and back yard. She added
that they have to do something to correct this problem.
Chairperson Kelley then asked the Board members for their questions and comments.
Ms. O'Brien asked if the design could be minimized. She feels that 10 -feet could be
reduced to 5 or 6 -feet wide. Ms. O'Brien stated the water problem could be fixed and the
steps on the farmer's porch be reduced. She would like to see better plans. Ms. Brusca
stated half of the farmer porch would be enclosed! Ms. Kelley stated that no hardship
has been proven. All the Board members concurred. Mr. Ferguson stated the petitioner
does have water problems that need to be addressed. However, he would prefer that the
petitioner redesign the plans to contain only a farmer's porch. Ms. Kelley asked for
revised plans to be submitted. Ms. Brusca suggested the size of the farmer's porch be 6
or 7 -feet by 36 -feet and not be enclosed. Ms. O'Brien asked Mr. Allen if he could revise
the plans before the next meeting. He responded yes, he could have new plans drawn
within that time period.
A motion was made by Ms. O'Brien to continue this petition to the next scheduled
meeting on September 22, 2009. Seconded by Ferguson. A waiver of time to be signed.
Motion carries unanimously. (Kelley, Ferguson, O'Brien, Brusca, and Margolis in favor)
Meeting adjourned 9:05 p.m.
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