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2009-12-10CITY OF BEVERLY MASSACHUSETTS SPECIAL 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: December 10, 2009 Place: Beverly City Hall, Council Chamber, 191 Cabot Street Board Members Present: Full Members: Day Ann Kelley, Chairperson Margaret O'Brien, Scott Ferguson, Joel Margolis and Jane Brusca. Alternate Members: Pamela Gougian and Sally Koen Others Present: Building Commissioner — Director Steven Frederickson and Clerk of the Board — Diane Rogers. Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. 62 Dunham Road — IR Zone — Live North Ventures, LLC Special Permit Request Attorney Thomas Alexander spoke on behalf of his client William Hanney /Live North Ventures LLC. He stated he was requesting a Special Permit to allow the continuance of the existing theatre, restaurant and accessory uses on the 24,7911 acre parcel known as the "North Shore Music Theatre ". Atty Alexander stated the property was in foreclosure and taken over by the Citizens Bank who retained ownership. Mr. Hanney has been negotiating a purchase and sale agreement to buy the property from the bank. Atty Alexander stated Mr. Hanney also owns the Theatre by the Sea in R.I, which he took over in 2007. He added that this site contained three buildings, a theatre in the round, a restaurant upon the hill, and a production building that was affiliated with Montserrat College of Art, which allowed nonprofit education. The North Shore Music Theatre has been doing business for 55 years. In the 80's the college moved out. Mr. Alexander stated, "to provide financing a special permit is being requested" for all the buildings. A letter dated December 2, 2009 was submitted by Arthur Daignault the Americans with Disabilities Act Coordinator listing his concerns regarding existing violations at the theatre that should be resolved prior to the opening. Atty Alexander stated that all of Mr. Daignault's concerns couldn't be addressed completely because of money problems. Through e -mails between both parties, a response was submitted on December 9, 2009 listing the changes that can be made. The time frame is 6 months prior to opening season, approximately April of 2010. A program for Season 2010 in Warwick RI. was submitted to the Board to review. Attorney Alexander stated this proposal meets the criteria for obtaining a special permit per Section 29- 28 -C2. Chairperson Kelley asked if anyone from the public would like to comment on this petition. A few residents stated they were very happy the North Shore Theatre would be open once again. There were no objections to this proposal. Chairperson Kelley asked the Board Members for their questions and comments. Ms. Gougian asked questions regarding non - profit entities. Mr. Alexander responded that there are two separate entities. Ms. O'Brien would like to confirm the agreement between the ADA Coordinator Arthur Daignault and Att. Alexander has been resolved. Mr. Daignault responded yes, and added when extra money is available other concerns would be remedied. Ms. Kelley questioned hours of operation, quantity of shows to be available, opening time of the restaurant, and what would be changed. Mr. Hanney responded there would be no changes except landscaping. He added the restaurant would be open when the shows are playing. He commented that there would probably only be 4 shows scheduled, within time that could change to 7. Mr. Ferguson questioned if there would remain being a few free shows for educational programs. Mr. Ferguson made a Motion to grant the special permit at this "special meeting" December 10, 2009, to Live North Ventures LLC to purchase the North Shore Theatre for the following specific reasons: (1) Criteria of Section 28 -29 -C 2, A -F have been met. (2) There are no restrictions placed on the special permit with the understanding the previous use will be complied with.. (3) That the E -Mail letter Dated December 9, 2009 regarding concerns of the ADA Coordinator Arthur Daignault be submitted as part of the decision. Seconded by O'Brien Motion carries unanimously. (Kelley, Ferguson, O'Brien, Brusca, Margolis, Gougian, and Koen) 2 390 Cabot Street — CN Zoning District — Janick Company, LLC Section 6 Finding Request Attorney Thomas Alexander spoke on behalf of Janick Company, LLC. He stated he is requesting to allow for the repair and restoration of the existing six (6) unit building that was damaged by fire on December 26, 2007 per Section 29 -27 -E. He introduced the owner of the property Mr. Mancini. Atty. Alexander stated this property is located at the end of Colon Street and next to Subway. The nonconforming building is located on a 4500 sq. ft. parcel of land, which burned in 2007. The Zoning Ordinance stated that if the owner comes back within 2 years to the Board of Appeals and a finding is granted the structure can be rebuilt. Atty. Alexander explained that the bank put money to pay down the mortgage. The bank then agreed to lend the money to the owners. Mr. Mancini took plans to the building office and thought that was all he had to do. He discovered he was required to obtain another building permit and go before this Board because of the 2 -year deadline. Attorney Alexander stated the existing dwelling will remain the same footprint and will be brought up to code. He added the existing vinyl siding will be replaced with durable hardy board siding, which is a type of fiber cement. He commented the use will not be more detrimental to the neighborhood but rather an upgrade. This project is ready to go, the money is in place and the contractors have been chosen. Ms. Kelley asked if anyone from the public would like to comment on this petition. One resident stated "have the construction dumpster taken care of'. Tyler Weidler of 6 Bennett Street stated there was not much parking in the neighborhood now and was concerned where new tenants would park. Melissa Oraibi and Mr. Crocker, owners of the Wild Horse Cafe, wished Mr. Mancini well. Ms. Oraibi added that for the past two years their staff has received flat tires from nails in the street, bathroom facilities have been pushed over and the property was not maintained. She hopes Mr. Mancini will be anon staff owner not just an investment owner. She suggested because of the parking concerns Mr. Mancini should discuss with the potential renters an arrangement for parking spaces from Subway or other businesses that have a large lot and would like to make some extra money. Mr. Mancini gave Ms. Oraibi his cell number and stated he is willing to be available to neighbors concerns. He added that he has been the owner of the property for only 5 months. Ms. Kelley then asked the Board Members for their questions and comments. Ms. Gougian stated that the yard at 390 Cabot Street should be maintained. Ms. Kelley asked how many people would be residing in the building. Mr. Alexander stated the 6 units have three bedrooms and he did not know exactly how many tenants there would be. Ms. Kelley asked if there was any winter parking available for the tenants. Mr. Alexander responded the only parking was on the street. Ms. Kelley stated the area around the dwelling was very small. She asked if grass would be planted. Mr. Mancini responded that the front yard and left side of the dwelling would have grass and the Bennett side and 3 rear would be paved. He added the new shed would be for recycle bins and barrels. Ms. O'Brien asked if the units would be made into condominiums in the future? Atty. Alexander responded the units would not become condominiums. Ms. O'Brien and Mr. Ferguson asked if any of the units would be affordable housing. Mr. Alexander responded no, not on this structure. Mr. Ferguson stated the lighting in the yard is to be tilted downward to protect the neighbors. Ms. Brusca asked if the fencing would be replaced after construction is done. Mr. Mancini responded the fencing in the front yard would be replaced or repaired. Ms. Kelley stated this would be an improvement to what is there now. Ms. O'Brien made a motion that the Board finds that the project at 390 Cabot Street does not increase the nonconforming nature of said structure and the reconstruction will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The Board GRANTS the application, plans to be submitted to the Building Department with the exception that hardy board will be used rather than vinyl siding and the existing fencing will be repaired or replaced. Grass will be planted along the front yard and left side of the dwelling and paving will be on the Bennett Street side and rear. The owner will try to encourage the future tenants to find off street parking within surrounding businesses. Seconded by Mr. Margolis. Motion carried 5 — 0. (Kelley, Ferguson, O'Brien, Margolis, and Brusca) Meeting Adjourned at 8:00 p.m. 11