2015-08-25City of Beverly
Zoning Board of Appeals
August 25, 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 Levasseur, David Battistelli,
Pamela Gougian, Victoria Burke Caldwell, Margaret O'Brien, Alternate
Others Present: Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location: 191 Cabot Street, 3rd Floor, Room B
Mr. Margolis, Chairperson called the meeting to order at 6:59 pm.
L PUBLIC HEARINGS
A. Modifications
John Athansopoulos
The Petitioner is requesting a modification of the Special Permit dated July 22, 2014 for the
property located at 25 Trask Street.
Nicholas Ambeliotis, Esq. of Ankeles, Vontzalides, Ambeliotis & Delaney, LLP, Peabody, MA
addressed the Board. Atty. Ambeliotis stated the Petitioner began construction and realized the
room was going to be too small and so he is proposing to add a dormer on that side of the house
as indicated in the plans submitted. Letters from direct abutters in support of the proposed plans,
including the direct abutter at 27 Trask Street, were submitted to the Board. Atty. Ambeliotis
reviewed the proposed plans submitted and stated the architect is also present for any
questions.
No members of the public commented.
Board Discussion
Mr. Battistelli asked that the letter from the abutter at 27 Trask Street be read out loud. Ms.
O'Brien asked for confirmation that the abutter at 27 Trask Street is the abutter facing the house
on the left and Mr. Margolis confirmed. Mr. Battistelli stated since this abutter doesn't have an
issue and she was the one that had issues before he is in favor of this modification.
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MOTION: Mr. Margolis moved to close the public hearing. Second by Mr. Battistelli.
All in favor.
MOTION: Mr. Battistelli moved to approve the modification at 25 Trask Street to allow
for a shed dormer on the left side of the house as it will not be detrimental to the
neighborhood or negatively affect the property values, subject to the plans submitted.
Second by Ms. Caldwell.
"Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
Suzanne Condon /T. Alexander, Esq.
The Petitioner is requesting a modification of Variance issued August 26, 2014 for the property
located at 21 Summit Avenue f/k/a Cox Court.
Mr. Margolis recused himself from this matter due to a conflict and designated Ms. Caldwell as
the Chair.
Thomas Alexander, Esq. of Alexander and Femino, Beverly Atty. Alexander approached the
Board and stated he represents Thomas Berube, who purchased this property from the Condon
family. When it came time to prepare the construction level drawings for this property, the plans
did not work. Mr. Berube had the plans redesigned and within the parameters set by the Board.
The proposed changes affect the parking space locations and the exterior design, otherwise the
design is the same footprint, height, number of parking spaces and number of units.
David and Michelle Hannable, 22 Cox Court Mr. Hannable stated they never saw the original
plans that were submitted when the variance was issued. As abutters they have no problem with
anyone making improvements on the property. Recently they have noticed dots on the street and
when they inquired about them they were told they were property boundary lines. The
Hannables would like clarification as to what the boundary lines are. Mr. Frederickson stated it
may be a private way and that part of the subject property is located in the paved area. Atty.
Alexander stated the boundaries of the property are determined from the layout of the street by
the City. Ms. Hannable asked which side of Summit Avenue the entrance to this property will
be and Atty. Alexander clarified on the Plot Plan.
Ms. O'Brien asked for confirmation that the street will remain the same size and Atty. Alexander
could not confirm.
Mr. Battistelli stated the Board should have asked these questions at the original hearing but that
is not part of the process tonight. Mr. Hannable asked how they will be able to back their cars
out of their driveway without going onto the Berube's property.
Mr. Battistelli asked if the builder was present and the builder came forward to answer questions.
Mr. Battistelli stated he voted in favor for this variance because he thought the original pitched
roof line was attractive and asked why the builder had to change the roof line. The builder stated
when they went out to the property with the engineer they felt it was too high and the changed
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roof line would better fit the neighborhood. Ms. Gougian stated the variance issued is subject to
the plans originally submitted and this modification request is more than just a minor change.
Ms. O'Brien asked what the square footage is and the builder stated it's the same exact size as
originally submitted but they lowered the elevation 4 '/z feet. Ms. Gougian stated she would
prefer to see a less industrial looking design. Ms. Caldwell stated the change in the plans is just
stylistic. Mr. Levasseur stated that while the new plans may not be as aesthetically pleasing to
some, the site plan remains the same. The builder reviewed the proposed plans with the
Hannables.
Ms. Caldwell stated the variance was already issued and so the Board just needs to decide if the
modification is approvable. Mr. Battistelli stated again that he based his previous vote on
something that he felt was aesthetically appealing and he is really having an issue with this.
Ms. O'Brien asked why the parking spaces changed and Atty. Alexander stated originally there
were 8 spaces across and they were packed together so now there are 6 spaces together and 3
spaces around the other side so parking is less congested.
Ms. Gougian asked for confirmation that the private way can continue to be used in the same
way and the builder stated the fire department came out and confirmed they can still turn their
trucks around.
Mr. Hannable wants to go on record stating that him and Mrs. Hannable oppose this proposed
plan based on the blueprints until they know exactly where the boundary lines are.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian.
All in favor. Motion carries.
Board Discussion
Mr. Levasseur stated the variance was already issued and so tonight the Board has to determine
whether the proposed modifications to the exterior, elevation and parking spaces negatively
affect the neighborhood. Mr. Levasseur asked for confirmation that the (valid) arguments the
abutters brought up cannot be considered while making this decision. Ms. Caldwell confirmed.
Mr. Battistelli asked what are rules are for a variance that needs to be reviewed.
Ms. Gougian stated if these were the original plans to be voted on she would have a difficult time
voting in favor.
Mr. Levasseur stated he understands what the builder is trying to do and although it's not
appealing to some, it's not out of character for the neighborhood.
Ms. O'Brien stated she feels this is a significant modification because the design is so different
but the fact that it's the same footprint and square footage is causing her to be torn.
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Ms. Caldwell stated the vote doesn't seem to be heading in a favorable direction and asked if the
Petitioner would like to withdraw and resubmit plans. Atty. Alexander stated he talked with the
builder and he would like to withdraw just build what was approved when the variance was
issued even though he doesn't think the parking will work as well. Atty. Alexander stated he
thinks the Board can approve the parking changes and not the elevation and exterior
changes. Atty. Alexander stated they will withdraw the modification of the exterior design and
elevation.
MOTION: Mr. Levasseur moved to approve the minor modification at 21 Summit
Avenue pertaining only to the parking, not to any of the elevation and design changes
brought before the Board tonight. Second by Ms. O'Brien.
"Yes" votes: 5 -0 (O'Brien, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
11 Ellsworth LLC /T. Alexander, Esq.
The Petitioner is requesting a modification of a Special Permit issued June 23, 2015 for the
property located at 11 Ellsworth Avenue.
Thomas Alexander, Esq. of Alexander and Femino, Beverly Atty. Alexander stated this is a
request to modify the Special Permit issued to rebuild a building that had burned down on the
same footprint. The Petitioner is proposing to add dormers on the second floor as shown on the
plans submitted. Atty. Alexander distributed drawings to the Board and Atty. Alexander stated it
keeps with the basic design that was previously approved.
No members of the public commented.
Board Discussion
Ms. Gougian asked if the 3rd floor will be additional bedrooms and Atty. Alexander confirmed
and stated it is the same height and same roof line as previously approved.
MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli.
All in favor. Motion carries.
MOTION: Mr. Battistelli moved to approve the Special Permit modification for
11 Ellsworth Avenue as the changes are not detrimental to the neighborhood and it
is aesthetically pleasing, subject to the plans submitted. Second by Mr. Levasseur.
"Yes" votes: 5 -0 ( Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
B. New Hearings
Barry and Laureen LeFavour
In a petition for a request for a Special Permit to attach a single car garage to the house and
extend garage to the rear 20' and to the front while maintaining the existing left side setback of
10.9'. The property is located at 9 Virginia Avenue in R -10 zoning district.
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Mr. LeFavour addressed the Board and introduced Mr. John Hale, the designer to answer any of
the Board's questions. Mr. Hale reviewed the addition plans. Currently there is an existing pool
house behind the garage. Mr. Hale stated the LeFavour's would like to construct a two car
garage incorporating the space where the existing pool house is and also go up one level which
would tie into their existing house. They would demolish the existing garage and pool house and
build the foundation on a slab at grade. The drawings submitted indicate block elevations and
Mr. Hale distributed drawings to the Board that better illustrate the elevations. Mr. Hale stated it
is the owner's intention to blend the addition with the existing house by using the same
clapboard siding, trim board, fascia board, etc. so the addition and the house will look like it was
all built at the same time.
Jeffrey Besse, 202 Bridge Street Mr. Besse stated he is in favor of this project.
Board Discussion
Mr. Margolis asked what is going above the garage space in terms of use and Mr. Hale
responded two bedrooms. Mr. Margolis asked if there are plans for an additional kitchen or
bathroom and Mr. Hale responded there have been discussions of creating an in -law apartment.
Mr. Frederickson stated that would require coming back to the Board for approval.
Ms. Gougian asked if they have to go through the house to get to the in -law if it would still need
Board approval and Mr. Frederickson responded he thinks that would be ok.
Mr. Margolis asked for clarification of the overhang on the drawing. Ms. Caldwell asked if it is
a cantilever and Mr. Hale responded yes 8 feet.
Mr. Margolis stated he is concerned about how an 8' overhang over the garage will look and Mr.
Hale stated it will make it flush with the existing house. Ms. Caldwell stated she likes the idea
that the overhang will tie it in with the rest of the house instead of having a recessed garage.
Mr. Battistelli stated he is looking at the total length of the addition and asked why the pool
house has to be longer and what the purpose of the pool house is. Mr. Hale clarified the pool
house is going to be absorbed into the back of the garage space. Mr. Lefavour stated that he is
looking for more garage space to store his antique car, motorcycles and have a work shop area.
Ms. Caldwell stated the abutters surrounding the proposed garage have signed the petition in
favor.
Ms. O'Brien asked if there were pictures of that side of the garage and Mr. Lefavour referred the
Board to the pictures submitted with the application.
Laureen Lefavour stated her husband wants a nice garage and they want additional space for
their home. Ms. Lefavour stated she will make sure it's going to look nice because that is
important to them.
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MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli.
All in favor. Motion carries.
MOTION: Mr. Battistelli moved to approve the Special Permit at 9 Virginia Avenue for
a garage extension that will be no closer than 10'9" to the left side property line, subject
to the plans submitted but allowing the installation of additional windows as the owner
sees fit on the left side of the garage addition. It is understood that any plans to use the
additional space as an in -law apartment would require returning to the Board for
approval. Second by Ms. Caldwell.
"Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
Barbara Hausman
In a petition for a request for a Special Permit to build a new 13'x 16' open deck with a rear
yard setback of 15' 2" instead of the required 25' on the right side of the existing structure. The
deck replaces existing stairs, stair landing and brick patio area. The property is located at 3
Haskell Street in R -15 zoning district.
Barbara Hausman addressed the Board and stated she is seeking relief of the rear side setback to
build a deck that would extend into the existing open side yard area which currently has a brick
pathway. Ms. Hausman submitted three letters from abutters who are in favor of the proposed
deck. The proposed deck will be set back far enough off the street for privacy.
No members of the public commented.
Board Discussion
None.
MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Caldwell.
All in favor. Motion carries.
MOTION: Ms. Caldwell moved to approve the Special Permit, subject to plans
submitted. Second by Mr. Battistelli.
"Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
Gloria Salvanelli
In a petition for a request for a Variance to construct a 12' x 22' single car garage with a right
side setback of 5' instead of the required 15' or, in the alternative, a variance to construct a
garage with a height of 12' instead of the maximum 10' and an area of 288 s.f instead of the
maximum 100 s.f The property is located at 5 Liberty Street in R -10 zoning district.
Gloria Salvanelli stated she would like to build a single car garage on her narrow and non
conforming Lot. She has three direct abutters and she submitted a petition signed by them
approving the proposed garage. Ms. Salvanelli stated her hardship is that her Lot is narrow and
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this is the only spot for the garage. The pitch will be 12' to allow for snow to fall off and the
purpose will be to store her car, trash barrels and a lawn mower.
Board Discussion
Mr. Battistelli stated he agrees with the proposed location of the garage but asked why the garage
can't go behind the house and Ms. Salvanelli stated she wouldn't have a yard.
Ms. Gougian asked how much space she has between the house and the garage and Ms.
Salvanelli stated about two feet.
Mr. Battistelli asked for the addresses of the abutters who signed the petition in favor.
MOTION: Mr. Battistelli moved to close the public hearing. Second by Mr. Levasseur.
All in favor. Motion carries.
MOTION: Mr. Levasseur moved to approve the Variance to construct a single car
garage due to the Lot size and shape, subject to the plans submitted. Second by Mr.
Battistelli.
"Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
Robert Freni
In a petition for a request for a Special Permit to enclose an existing deck off of the rear of the
house. The existing deck aligns with the house which encroaches into the zoning setback by
6'6 ". The proposed enclosure will align with the edge of the house and will not encroach any
further. The property is located at 6 Gardner Street in R -10 zoning district.
Mr. Freni addressed the Board and reviewed the proposed plans. The Petitioner is requesting a
Special Permit because they are encroaching into the setback requirements. The existing house
sits 8'6" back from the property line. The new sun room will encroach into the setback itself but
will not go any further than the existing house. The abutter to the north that it will affect most is
in favor of the design and they have submitted a letter with the application.
No members of the public commented.
Board Discussion
Mr. Battistelli asked if there were any plans to add a deck at this point and Mr. Freni stated not at
this time.
MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur.
All in Favor. Motion carries.
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MOTION: Mr. Levasseur moved to grant the Special Permit for 6 Gardner Street to alter
the existing structure to construct a sunroom that encroaches the side setback by 7 feet,
subject to the plans submitted. Second by Mr. Battistelli.
"Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
30 Thorndike Street LLC
In a petition for a request for a Special Permit to authorize the voluntary demolition and
reconstruction of an existing garage having nonconforming side setback of 17" and rear setback
of 27'. The new garage will not encroach any further into the setbacks than the existing
structure and will not increase the building size, volume, footprint or area by more than 50 %.
The property is located at 61 Lovett Street in R -6 zoning district.
Miranda Gooding, Esq., Glovsky and Glovsky Atty. Gooding addressed the Board on behalf of
the Petitioner for 61 Lovett Street. Martha Gavin, the Principal of 30 Thorndike Street LLC is
requesting a Special Permit to reconstruct an existing nonconforming garage. The new structure
will increase less than 50% in size than what currently exists. The current garage from 1927 is
quite dilapidated and would not accommodate two cars right now. The rear and side setbacks
will remain the same. The requirement for the structure is 25' feet for a rear setback and 10' for a
side setback.
Atty. Gooding provided the Board with a petition signed by thirteen direct abutters in favor
of the proposed plan.
No members of the public commented.
Board Discussion
Mr. Battistelli stated he is concerned about all the tar and Ms. Gavin responded that the proposed
plans streamline the existing garage and actually create more green space. Mr. Battistelli stated
he would like to put that into the Motion as a stipulation. Ms. Gavin approached the Board with
her Ipad and showed the members where the yard and gardens will be.
Ms. Gougian asked for the current measurements of the existing garage and the proposed
measurements and Ms. Gooding responded:
Existing: 18' x17'5" (as -built plan)
Proposed: 22' x 20' (shown on first floor plan)
MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian.
All in favor. Motion carries.
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MOTION: Ms. Gougian moved to approve the Special Permit at 61 Lovett Street to
allow the reconstruction of a nonconforming two car garage in its existing location. The
new garage will be 440 square feet, maintain the existing setbacks, meet the
requirements for a Special Permit and will not increase more than 50 %, subject to the
plans submitted. Second by Mr. Levasseur.
"Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell)
Motion carries.
Jennifer Hall and Ann Hazen
In a petition for a request for a Special Permit and Finding to construct a 267' x 20' single -
story addition attached to the existing garage on the subject property and a 5'4" single -story
connection of the garage to the existing nonconforming structure. The property is located at 19
Abbott Street in R -6 zoning district.
Miranda Gooding, Esq., Glovsky and Glovsky Atty. Gooding supplied the Board with a new set
of plans that are the same as originally submitted but have items highlighted. The property has
frontage on both Abbott Street and Endicott Street. It's an existing, nonconforming single family
home located 12'3" instead of the required 20'. The side yard setback is conforming on Abbott
Street. The existing garage is about 2'8" from the sideline instead of the required setback. This
project will connect the garage to the house. The garage will house a 7' x 14' therapeutic lap
pool that the owner needs for health reasons. The addition, the pool and the small bathroom
indicated on the Plan have all been designed to be handicapped accessible. The proposed
addition will honor the existing side setback and will bring it further from the property line. It
will be about 5' from the set back line. The elevations that were submitted demonstrate that the
proposed addition will not be any higher than what is presently there, they are just building out to
the back of the property. The breezeway will be one story and will now be one structure, the
setbacks to the structure will apply. It's a large, corner lot.
No members of the public commented.
Board Discussion
Mr. Margolis asked for clarification on a setback and Atty. Gooding clarified that the proposed
addition is marked off at 5' at its widest point.
Ms. O'Brien stated the location of the addition wouldn't interfere with anything.
Ms. Gougian asked if there are single family homes that back up to the property. Ms. Gougian
stated she sees Abbott Street as the front door and Atty. Gooding stated it has an Abbott Street
address but as a corner lot the owner can designate the frontage. The purpose of the application
has designated Endicott Street as the front because that is where the garage is.
Ms. Gougian asked if the owners sell the house and the new owner wants to fill in the pool and
make it into a regular garage would there be any issues with the use and Mr. Frederickson stated
it would have to come before the Board.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli.
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All in favor. Motion carries.
MOTION: Mr. Battistelli moved to approve the Special Permit and Finding at 19 Abbott
Street for the Petitioner to construct a 267' x 20" single story addition attached to the
existing garage with a one story breezeway connecting to the existing home, subject to
the plans submitted. Second by Mr. Levasseur.
"Yes" votes: 5 -0 ( Levasseur, Battistelli, Gougian, Margolis, Caldwell).
Motion carries
OTHER BUSINESS
Minutes
MOTION: Ms. O'Brien moved to approve the Minutes from the July 28, 2015 meeting.
Second by Mr. Battistelli. All in favor.
(Ms. Caldwell abstained so Ms. O'Brien could vote)
Applications
Mr. Margolis asked Mr. Frederickson if they can make it mandatory that applicants highlight
proposed changes on the plans submitted and Mr. Frederickson stated listed on the application
checkslist.
Mr. Margolis moved to adjourn the meeting at 9:47pm. All in favor.
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