2015-07-281
City of Beverly
Zoning Board of Appeals
July 28, 2015
These minutes are not a verbatim transcript of the public hearing of the Board of Appeals.
Reviews of the Board's Decision or outcome of the public hearing should include an examination of
the Board's decision for that hearing.
Meeting Minutes
Members Present: Joel Margolis, Chairperson, Jim Levasseaur, David Battistelli,
Victoria Burke Caldwell, Margaret O'Brien, Alternate
Members Absent: Pamela Gougian
Others Present: Leanna Harris, Zoning Board Administrative Assistant
Location: 191 Cabot Street, 3rd Floor, Room B
Mr. Margolis, Chairperson called the meeting to order at 7:03pm
L PUBLIC HEARINGS
A. Modifications
Charles Raymond, 39 South Terrace
The Petitioner is requesting a Modification of the Special Permit granted on April 13, 2015 for the
property located at 39 South Terrace.
Charles Raymond, 54 South Terrace addressed the Board and stated the addition was larger than it needed
to be and so he asked his architect to draw up new plans reducing the size which will result in less cost,
insurance and maintenance. It's a rental property so the extra space isn't necessary.
Board Discussion
Mr. Battistelli stated it is always good to have several eyes look at proposed changes and he recalled there
were concerns regarding drainage issues and stated the reduction in size will further help with that.
MOTION: Ms. O'Brien moved to close the public hearing. Second by Mr. Battistelli.
All in favor.
Motion carries.
MOTION: Mr. Levasseur moved to approve the Modification to decrease the size of the addition
for which the Special Permit for 39 South Terrace was previously granted, based on the revised
submitted plans. Second by Ms. Caldwell.
Votes 5 -0
Motion carries.
B. Continued Hearings
Charles and Anne Polisky
In a petition for a request for a Special Permit to demolish a non - conforming 18'x 19' garage to construct
a 22'x 23' garage no closer to the rear and side Lot lines. This property is located at
8 High Street in R -6 zoning district.
Mr. Polisky addressed the Board and reviewed his request. Mr. Margolis asked for an update on the
unregistered vehicles.
There was no public input.
Board Discussion Mr. Battistelli stated that City ordinance permits only one unregistered vehicle on a
property. Mr. Battistelli stated the Polisky's have neighbors that are very upset. Mr. Polisky stated the
garage on the property is 40 years old and he would like to put up a new one to house two of the
vehicles. Mr. Margolis asked if any vehicles on the property aren't being used and Mr. Polisky responded
no that they use all five. Mr. Battistelli stated the property looks better than it did a month ago.
MOTION: Ms. O'Brien moved to close the public hearing. Second by Ms. Caldwell. All in .
favor. Motion carries.
MOTION: Ms. Caldwell moved to grant the Special Permit to replace the existing
18'x19' with a 22'x23' garage, subject to plans previously submitted.
Second by Mr. Battistelli.
Votes 5 -0
Motion carries.
C. New Hearings
Steven Fiore
In a petition for a request for a Variance to replace existing garage with a 22'x 26'x 20'(h) gambrel style
garage and add a 5' deep porch on front of home. The property is located at
1 Marsh Avenue in R -10 zoning district.
Mr. Fiore addressed the Board and stated when he moved into the property in November he had planned
to rehab the existing 24' garage but discovered that the foundation is cracked on 3 sides and would like to
tear it down and replace it with a 22'x26' garage and increase the height to be used for storage. Mr. Fiore
would also like to add a 5' porch /breezeway onto the front of the home. Both projects would encroach on
the side set backs.
Ms. Mary Jennings, 2 Marsh Avenue Ms. Jennings stated she lives across the street from Mr. Fiore. She
has been there since 1978 and stated that it's the type of neighborhood that you hope people move in and
take pride in their property and improve them. They were originally summer camps.
Rick Marciano, 141 McKay Street Mr. Marciano stated 1 Marsh Ave is an irregularly shaped Lot that is
hard to work with and there isn't anything behind where the garage is located.
Board Discussion
Ms. O'Brien stated the Plans looks nice and as Mr. Marciano stated, there is nothing behind where the
garage would be. Ms. O'Brien stated she is okay with the plans as they don't appear to be interfering
with anyone's view or impeding the view for the flow of traffic or anything.
Zoning Board of Appeals
July 28, 2015
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Mr. Battistelli asked for clarification on where the proposed garage and /or porch are encroaching on the
side setbacks and Mr. Fiore stated the current garage is on an angle and the new garage is going to be
straightened and in line with the house so it would encroach about 4' into the setback.
Ms. Caldwell stated it looks like there could be soil condition and topography related issues.
Straightening the garage out would be a plus to the neighborhood and she doesn't think granting the
Variance would be detrimental to the neighborhood.
Mr. Battistelli stated the property abuts two streets and maybe the Board should specify a condition that
additional doors on other sides of the garage cannot be added. Mr. Levasseur asked for confirmation that
the land slopes in the back and Mr. Fiore clarified.
Ms. O'Brien asked for confirmation that the new garage would not include plumbing for future living
space and Mr. Fiore confirmed.
MOTION: Ms. O'Brien moved to close the public hearing. Second by Ms. Caldwell.
All in favor. Motion carries.
MOTION: Ms. Caldwell moved to grant the Variance for 1 Marsh Avenue to remove the
existing garage and replace it with a 22'x 26'x 20'(h)' garage with attached breezeway, subject to
plans submitted and finding that the variance is in compliance with Chapter 40A, Section 10.
Second by Ms. O'Brien.
Votes 5 -0
Motion carries.
II. OTHER BUSINESS
A. Minutes
MOTION: Mr. Levasseur moved to approve the Minutes from June 23, 2015.
Second by Ms. O'Brien.
Votes: 5 -0
Motion carries.
B. Mr. Margolis stated that it was determined the Board would hear the 25Trask Street matter at the
August 25, 2015 meeting.
MOTION: Mr. Margolis moved to adjourn the meeting at 7:35pm.
Second by Ms. O'Brien. All in favor.
Zoning Board of Appeals
July 28, 2015
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