2009-06-23CITY 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: June 23, 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,
Joel Margolis, Scott Ferguson, and Jane Brusca.
Alternate Members: Pamela Gougian and Sally
Koen.
Others Present: Director of Municipal Inspections — Zoning
Officer Steven Frederickson and Clerk of the
Board — Diane Rogers.
Absent: Full Member: Margaret O'Brien
Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. She stated
she would begin the evening discussing administrative business.
Attorney Marshall Handly spoke on behalf of Hansbury Court, LLC, located at Lot 3,
Congress Street at Wellman Street. He stated this petition was carried over from the May
26, 2009 hearing to allow the neighbors input to the petition. Att. Handly commented
that one of the neighbors attained an attorney who requested another postponement to
familiarize the case.
Mr. Ferguson asked if parking was an issue with the proposal. Attorney Handly
responded parking was an issue. He added that if the project went forward, all plans and
information would be sent to the Board members before the July 28, 2009 hearing.
Mr. Ferguson made a motion to allow the variance at Lot 3, Congress Street at Wellman
Street to be continued to the scheduled meeting on August 24, 2009. Subject to
signing a waiver of time. Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley,
Ferguson, Margolis, Gougian, and Koen in favor)
A letter dated June 23, 2009 was submitted to the Board from Jason Jimenez with a
request to withdraw without prejudice his application for a variance and special permit at
377 Cabot Street, Beverly, MA.
Mr. Ferguson made a motion to allow Mr. Jimenez to withdraw without prejudice his
application for a Variance and Special Permit at 377 Cabot Street. Seconded by Mr.
Margolis. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Gougian, and Koen in
favor)
A letter dated June 9, 2009 was submitted to the Board from Miyares and Harrington,
LLP, requesting the Administrative Appeal regarding 16 Bay View Avenue be continued
to the July 28, 2009 meeting. A waiver of time was signed by Brian Falk, Attorney for
Michael Harrington.
Attorney Marshall Handly represented owners of 16 Bay View Avenue. He stated the
owners Robert and Michael Hubbard oppose this request because it causes a delay, which
clouds their closing schedule.
A motion was made by Mr. Ferguson to continue this Administrative Appeal to the next
scheduled meeting July 28, 2009. Seconded by Mr. Margolis. Motion carries 4 — 1.
(Ferguson, Margolis, Kelley and Koen in favor) (Ms. Gougian, voted in the negative)
6 Scenna Road — R -15 Zone — Diane Rennie and John I Gavin
Section 6 Finding Request
Mr. Thomas J. Cassidy spoke on behalf of Ms. Rennie. He stated the request was to
remove existing 10 -feet by 12 -feet Three Season porch and replace with a 16 -feet by 21-
feet kitchen addition on the left side of the dwelling. The nonconforming dwelling has a
front yard setback of 25.2 -feet instead of the required 30 -feet. The proposed addition will
meet all required setbacks. First Floor plan, second floor plan, and elevations drawn by
TNT Building Consultant/Designer were provided to the Board for review. Two letters
in support of the proposal, dated June, 2009 from Sean and Kelly Murphy of 4 Scenna
Road (next door right) and Annette Cooper of 3 Scenna Road (across the street) were
submitted for the Board to review.
Chairperson Kelley asked if anyone from the public had questions or comments. There
being no one present, she asked the Board for their input. Mr. Ferguson stated he made a
site visit. Mr. Ferguson commented that he was in favor of this project. Ms. Gougian
stated she concurred with Mr. Ferguson.
Mr. Margolis made a motion to grant the Section Six Finding to the single - family
residential structure where the alteration - reconstruction will not be substantially more
detrimental than the existing nonconforming structure to the neighborhood. The Board
finds there are (2) letters in support of this proposal. The Board grants the application
subject to the plans submitted with the application are complied with, referred to, and
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incorporated into the Board's decision. Seconded by Ms. Koen. Motion carries 5 — 0.
(Kelley, Ferguson, Margolis, Gougian, and Koen in favor)
14 Exeter Road — R -10 Zone — George and Lucille Annis
Variance Request
Ms. Lucille Annis spoke on her own behalf. She stated she was requesting to construct a
sunroom addition on the left side of the dwelling. The sunroom to have a side yard
setback of 11.1 -feet rather than the 15 -feet required. Ms. Annis stated the proposed
addition would be only a 4 -feet extension added to the dwelling. Ms. Kelley asked what
the hardship criteria was. Ms. Annis responded that there was a structural beam going
across the ridgeline. Photographs of the property were submitted to the Board for review.
Robin Johnson of 16 Exeter Road and George Toomey of 12 Exeter Road wrote letters in
support of the project. Remodeling Services provided elevations and drawings of the
proposed new sunroom.
Chairperson Kelley asked if anyone from the public had questions or comments regarding
this proposal. There being no one present she then asked the Board members for their
comments. Mr. Ferguson stated he made a site visit. He questioned the need to extend
the structure out an additional 4 -feet. Mrs. Annis stated that the current structure was
poorly constructed and would have to be torn down. The roof would be improved upon
by extending out from the roofline of the dwelling. The ceilings would be higher in the
proposed sunroom. Mrs. Annis stated she believed this was a reasonable request.
Ms. Kelley stated that the inability to use the existing structure due to poor construction
could be a hardship as it prevented reasonable us of the property. Mr. Margolis asked if
the proposed addition would be built on a slab. Mr. Annis responded yes, the entire
dwelling was built on a slab. Mr. Margolis and Ms. Koen concurred with Ms. Kelley and
Mr. Ferguson.
A motion was made by Ms. Koen to grant the variance at 14 Exeter Road to allow the
sunroom addition. The hardship is the minimum variance that will grant reasonable relief
to the owner and is necessary for a reasonable use of the land or building. There is
support from (2) neighbors based on letters provided. The plans submitted with the
application are complied with, referred to, and incorporated the Board's Decision.
Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Koen,
and Gougian in favor)
249 E. Lothrop Street — R -10 Zone — David Singer
Section 6 Finding Request
Mr. Singer spoke on his own behalf. He stated he was requesting to expand a
nonconforming single - family dwelling structure with a 12 -feet by 26 -feet one -story rear
addition that will expand kitchen, create a bedroom and full bath and office. This
structure has a left setback of 13.3 -feet where 15 -feet is required. Photographs of the
dwelling were submitted for the Board to review. The following neighbors are in support
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of the proposal: Eric & Sara Kate Weiss of 247 Lothrop Street, Thora Press of 44 Cross
Street, and Peggy Sue Allinder of 251 Lothrop Street. First floor plan, side elevations,
front elevations, rear elevations, foundation plan 1 st deck frame provided to the Board
members to review.
Chairperson Kelley asked if any other member of the public had questions or comments.
There being no one present she then asked the Board members for their comments. Mr.
Ferguson stated he conducted a site visit and spoke to a neighbor, Mr. Weiss who stated
he was in favor of the proposal. He added he believed this proposal would not be more
detrimental than the existing nonconforming structure to the neighborhood.
Ms. Gougian made a motion to grant this Section 6 Finding to Mr. Singer of 249 E.
Lothrop Street, which meets the Section 29 -28 -2 A -F criteria. The alteration - extension
will not be substantially more detrimental than the existing nonconforming structure to
the neighborhood. The Boards finds there is support from (3) neighbors based on petition
submitted. The plans submitted with the application are to be complied with, referred to,
and incorporated into, the Board's decision. Seconded by Ferguson. Motion carries 5 —
0. (Kelley, Gougian, Ferguson, Koen, and Margolis in favor)
16 Smithson Drive — R -10 Zone — Gary L. Smith
Section 6 Finding Request
Mr. Smith spoke on his own behalf. He stated he was requesting to construct an 18 -feet
by 20 -feet family room addition on the right side of the dwelling. He added the dwelling
had a front setback of 14.6 -feet instead of the required 20 -feet. The proposed addition
will meet all required setbacks. Mr. Smith stated his father built all the surrounding
dwellings years ago. His daughter resides in this dwelling and is having another child
and will require more living space. Photographs of the dwelling were submitted for the
Board review. The follow is a list of neighbors that signed in favor of the request:
Mary Rhoades of 14 Smithson Drive, Alice Dailey of 18 Smithson Drive, Edward
Garvey of 115 Corning Street, the Mackinnon's of 113 Corning Street, Lawrence Rice of
152 Hale Street, and Evan Rosenblatt of 154 Hale Street. Elevation drawings were
provided in the packet sent to the Board.
Ms. Kelley asked if anyone from the public had questions or comments regarding this
proposal. There being no one present she then asked the Board for their questions. Mr.
Ferguson stated he had conducted a site visit. He added the land was flat and contained
no ledge. He commented that this dwelling was similar to all the other dwellings in the
neighborhood. He believes this proposal is a reasonable request. Board members
concurred.
Ms. Gougian made a motion to grant the Section 6 Finding to Mr. Smith at 16 Smithson
Drive being that (1) the proposed alteration - reconstruction will not be substantially more
detrimental than the existing nonconforming structure to the neighborhood (2) that the
Board finds there is support from (6) neighbors based on petition submitted (3) the plans
submitted with the application be complied with, referred to, and incorporated into, the
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Board's decision. Seconded by Ms. Koen. Motion carries 5 — 0. (Kelley, Ferguson,
Margolis, Koen, and Gougian in favor)
12 Dearborn Avenue — RMD Zoning — Edward Doherty
Section 6 Finding Request
Edward Doherty spoke on his own behalf. He stated he was requesting to construct
dormers on sides of the nonconforming dwelling. The dormers to have a front setback of
22 -feet. The dwelling has a front setback of 8.7 -feet instead of the required 20 -feet.
Photographs of the property were submitted for the Board to review. Exiting 1 st and 2nd
floor plans, proposed 1 & 2nd floor plans, elevation drawings, roof framing plans were
also submitted. Mr. Doherty stated he spoke to several neighbors who said they were in
favor of the proposal but did not want to sign a petition. Elinor Tardiff of 13 Dearborn
Avenue was present and expressed her opinion to the Board. She stated this property had
been let go for a long time. She questioned about varmints that might be found. She
stated she was in favor of this proposal.
Chairperson Kelley asked if anyone from the public had questions or comments regarding
this proposal. There being no one else present she asked the Board for their questions
and comments. Mr. Ferguson stated he conducted a site visit and found maple trees
growing out of the foundation. Mr. Doherty responded that he had taken them all out.
He added he cut several trees down from the property. Ferguson asked if the main
carrying timber was cracked. Mr. Doherty responded yes, that he was bringing in the
steel beam from the second floor. Ms. Gougian questioned the shed dormers. Mr.
Doherty responded he was replacing what is there now. He added several dwellings in
the neighborhood had them. Mr. Doherty stated he has been refurbishing dwellings and
reselling them for 20 years. He commented that this run down dwelling would become
improved and be an asset to the neighborhood. Ms. Koen stated the present dwelling was
stucco and asked what materials would be used for the upgrade. Mr. Doherty responded
top of the line materials such as clapboard siding would be installed upon the dwelling.
Ms. Brusca asked about the detached garage. Mr. Doherty responded he decided to jack
up the existing garage, pour a new slab and redo the siding.
Mr. Margolis made a motion to grant the Special Permit to Mr. Edward Doherty at 12
Dearborn Avenue (1) that the proposed alteration - reconstruction will not be substantially
more detrimental than the existing nonconforming structure to the neighborhood. (2)
there is no objection from neighbors actually one neighbor present in favor (3) subject to
the plans submitted with the application are complied with, referred to, and incorporated
into, the Board's decision. Seconded by Ferguson. Motion carries 5 — 0. (Kelley,
Ferguson, Margolis, Brusca, and Gougian in favor)
129 Brimbal Avenue — IR Zone — Brimbal Avenue Realty Trust
Special Permit/Finding Request
Attorney Thomas Alexander spoke on behalf of his client Mr. Alakfdz, owner of Brimbal
Avenue Realty Trust. He stated last month the Board requested he submit a landscaping
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plan for the property at this months hearing. Mr. Alexander stated they were proposing
(2) 2 -feet by 6 -feet planters with selection of annuals that would be placed on the other
side of the gasoline pumps. These planters would appear as the ones in front of City
Hall. He submitted a landscaping plan similar to the "One Stop Shopping" on Cabot
Street. He stated (3) Arborvitae, (6) Azalea, (5) Lilyturf, (4) Maiden Grass, (3)
Boxwood, (8) Compact Inkberry, (1) Japanese Lilac Tree, and (3) Gold Flame Spirea
would be planted. A 6 -foot fenced would be placed behind the used vehicles for sale and
parking spaces.
Attorney Alexander stated this request meets all criteria for a Finding as it would not be
substantially more detrimental than the existing nonconforming structure to the
neighborhood. He added that automotive use is not prohibited in this district. The U-
Haul rental space on site would be discontinued. Steven Frederickson asked how one can
give a finding on City Property. Mr. Margolis concurs. He questioned if there would be
any banners on the property. The owner responded only a small tag with the year of the
vehicle would be allowed on the windshield. Whether the lighting would change was a
question. Attorney Alexander responded that the lighting would not change. He added
that the asphalt you see is City property. Ms. Kelley stated there was a 5 — vehicle
maximum that could be sold. Ms. Brusca commented that with a 6 -foot fence installed
part way around the building, the plants would be lost. She added that the vehicles for
sale should be parked in the side yard so people could see them.
Chairperson Kelley asked if anyone from the public had any comments regarding this
proposal. Joan Murphy of 36 Longmeadow road spoke in opposition to this proposal.
Ms. Brusca made a motion to grant the Special Permit Finding at 129 Brimbal Avenue
Trust (1) that the proposed alteration will not be substantially more detrimental than the
existing nonconforming structure to the neighborhood. (2) That this meets the criteria of
Section 29 -27 -C2 A -F is satisfied, subject to the following conditions: There be a
minimum of 5 vehicles on lot to be sold at one time, The U -Haul business will be
eliminated, There will be (2) planters placed in front of the Pump Island and canopy with
a selection of annuals; approval of Mike Collins Director of Engineering required.
Seconded by Mr. Margolis. Motion carries 5 — 0. ( Kelley, Koen, Brusca, Margolis, and
Gougian)
321 -325 Cabot Street — CC Zone —
Variance Request ,Time Extended
Thomas Alexander, Esq. Represented the Petitioners. He stated the Board could extend
the variance six months without advertising. He added that the Beverly Housing
Coalition and the YMCA' S budget has gone down but expect their funding to go higher
this fall. Demolition is scheduled to take place in November. Ms. Kelley asked how
much the project is worth. Mr. Alexander responded the project is 6- million dollars and
that there would be 48 apartments.
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There were no objections to this proposal.
Mr. Margolis made a motion to grant this 6 months extension of time to 321 -325 Cabot
Street. Seconded by Brusca. Motion carried 5 -0. (Kelley, Brusca, Margolis, Koen, and
Gougian in favor) (Mr. Ferguson left the meeting)
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