2016-01-26City of Beverly
Zoning Board of Appeals
January 26, 2016 at 7pm
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, Kevin Andrews, alt.
Members Absent: Margaret O'Brien, Alternate
Others Present: Steven Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location: 191 Cabot Street, 3 d Floor, Councilor's Chambers
Mr. Margolis began the meeting at 7:00pm and introduced the Board members and announced
new member Kevin Andrews.
L MODIFICATION HEARING
A. Barry and Laureen LeFavour
The Petitioner is requesting a modification of the Special Permit dated August 25, 2015 for the
property located at 9 Virginia Avenue.
Mr. LeFavour distributed copies of Plans to each Board member and explained that once they
started laying things out, the roof line design didn't really work and so they are requesting
permission to change the roof line design. Mr. Battistelli asked if the new roof line will be higher
or off to the left more, etc. Mr. Lefavour stated that only the roof line will change and there will
be no change in the height or distance it goes out.
MOTION: Mr. Battistelli moved that this Modification request be determined to be a
Minor Modification. Second by Ms. Caldwell.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
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MOTION: Mr. Battistelli moved to GRANT the Minor Modification for 9 Virginia
Avenue due to the proposed roof line design not being higher than originally approved,
the new plan is attractive and it is not a detriment to the neighborhood. Second by Mr.
Levasseur.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
II. CONTINUED PUBLIC HEARINGS
A. Stephen Drohosky on behalf of Cummings Property, LLC.
In a petition for a request for a Special Permit to construct a four story subsidized elderly
housing building within a mixed use campus pursuant to Beverly Zoning ordinance Section
38- 20(c)(1). The property is located at 201 Elliot Street (Cummings Property) in IR zoning
district.
MOTION: Ms. Caldwell moved to permit the hearing to be withdrawn without
prejudice. Second by Ms. Gougian.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
B. Ellen Goldstein
In a petition for a request for a Variance to construct a barn in compliance with required
setbacks with a height of 22'1" instead of the maximum allowed 15'. The property is located at
137 Lothrop Street in R -10 zoning district.
Ms. Goldstein and Mr. Martin addressed the Board and stated they went over things with their
Builder who then came up with three very different options. They are looking for guidance and
feedback from the Board as to which option is likely to be favorable prior to having the architect
draw up the Plans.
Ms. Caldwell suggested they review the options with their neighbors prior to returning to the
Board as well as discussing with Mr. Frederickson the requirements for a Special Permit. Mr.
Levasseur stated they really need their neighbors as allies and noted that last time there was
strong opposition.
MOTION: Mr. Battistelli moved to GRANT the request to continue the hearing to the
March 29, 2016 meeting. Second by Mr. Levasseur.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion Carries.
C. Anthony Williams /Sunoco
In a petition for a request for a Finding, Special Permit and Variance to allow the replacement
of the existing 62'5" by 35'6" gasoline station/convenience store and existing fueling
pumps /island with a new 60'4" by 56' gasoline station/convenience store, new fueling
pumps /islands and a new 288 square foot storage building that would result in an increase in area
of the legal pre- existing use of more than 50% and signage special permits for 2 primary facade
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signs, 5 canopy signs, 4 window signs and 1 gasoline sign. The property is located at 131
Brimbal Avenue in 1R zoning district.
Attorney Thomas Alexander addressed the Board and stated the signage Sunoco is seeking to
construct is similar to existing signage but since they are tearing it down and rebuilding, a
Special Permit is required. The Design Review Board reviewed the signs on January 7t and
offered input. The applicant has adopted the Design Review Board's change requests. The
Design Review Board has submitted a letter unanimously recommending the signage. Steve
Harrison, Architect (Bergman Associates) reviewed the signage plans with the Board.
There was no public input.
MOTION: Ms. Caldwell moved to GRANT the Special Permit for the signage
recommend and approved by the Design Review Board on January 7t as presented to
them. Second by Ms. Gougian.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
III. NEW PUBLIC HEARINGS
A. Todd and Robin Martin
In a petition for a request for a Special Permit to construct addition to right side and rear of
nonconforming structure in excess of 25% in floor area. Addition will comply with all required
setbacks. The property is located at 47 Boyles Street in the R22 zoning district.
Mr. Margolis recused himself from this hearing and turned the meeting over to Ms. Caldwell.
Todd and Robin Martyn addressed the Board. Mr. Martyn stated they are looking to construct an
attached garage and to add more living space. The Lot is 30,000 sq. ft. and can accommodate the
proposed garage addition. The house will still have less than 3,000 sq. ft. of living space. Both
the height and setback requirements will be met. The existing two car garage that was permitted
by Variance will stay where it is and be used as a shed /workshop.
Ms. Gougian stated she thinks the addition is keeping with the houses in the neighborhood and
she doesn't have a problem with it.
There was no public input.
MOTON: Mr. Battistelli moved to GRANT the Special Permit on 47 Boyles Street as it
will not being a detriment to the neighborhood and property values will not be adversely
affected, subject to the plans submitted. Second by Mr. Levasseur.
Votes 5 -0 (Andrews, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
B. Beverly Bootstraps
In a petition for a request for a Special Permit to install a wall sign to name their new building
in which the sign is higher than allowed by ordinance and exceeds the maximum number of wall
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signs allowed. The property is located at 35 Park Street in the CC zoning district.
Heather Johnston from Beverly Bootstraps addressed the Board. Ms. Johnston reviewed the
proposed sign and stated that the Design Review Board approved the signs on December 3 d but
sent them before the Board to get a Special Permit for this particular sign.
There was no public input.
Mr. Battistelli asked if the benefactor is aware his name is being used and Ms. Johnston
confirmed and stated he is excited about it.
Mr. Margolis stated, for clarification, that the sign will read "Ralph E. Bates Center for Support"
instead of "Ralph E. Bates Center ". Ms. Johnston confirmed.
Mr. Andrews asked Ms. Johnston to describe the sign lighting and Ms. Johnston stated there is no
actual lighting in the sign. The lighting will occur in Phase II when the lighting on the building is
done and angled to illuminate the sign. Mr. Margolis asked what the total length of the sign is
and Ms. Johnston stated its 26' long.
Ms. Caldwell stated it's an attractive sign and Mr. Andrews stated it's suitable to the location.
MOTION: Mr. Battistelli moved to close the public hearing. Second by Mr. Levasseur.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Special Permit for 35 Park Street to
install the signs as recommended and approved by the Design Review Board based on the
design presented to them. Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
C. Townhomes of Beverly
In a petition for a request for a Special Permit under Section 38 -26 ordinance number 61, 7 -12-
11 for Townhomes of Beverly to erect an internally illuminated monument sign. The property is
located at 201 Broughton Drive in the RMD zoning district.
Jason Parillo approached the Board and stated they are meeting with the Design Review Board
on February 9t' and so they would like to come before the Zoning Board at the February meeting.
MOTION: Mr. Levasseur moved to GRANT the request to continue to the February
2016 meeting. Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
All in favor.
D. David Jacquith on behalf of Mario Tricomi
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In a petition for a request for a Variance to construct front and rear additions with a rear
encroachment of 6" ± into the required 25' and a side setback of 9.4'± instead of the required
15'. The front addition will encroach 6 "± into the required 20' front setback on the
nonconforming Lot. The property is located at 25 Whitney Street in the R -10 zoning district.
David Jacquith, Architect addressed the Board and stated the proposed expansion is to take the
existing deck and existing porch and incorporate them into the home. The two expansions are
within the existing footprint. The Lot size is 50'x <100'. The house was built in 1910, prior to
the zoning ordinance. The hardship is the shape of the Lot. Mr. Jacquith submitted to the Board
a list of abutter signatures in favor of the project.
There was no public input.
Mr. Margolis asked Mr. Jacquith to review the hardship and Mr. Jacquith stated the position of
the house on the Lot and the size of the Lot prevents them from going in any direction, it
predates zoning laws.
Ms. Caldwell asked how much square footage this will add to the house and Mr. Jacquith stated
the less than 280 square feet onto the existing 1,400 square feet which is about 20 %.
Ms. Gougian stated she is very familiar with the neighborhood and she thinks the proposed
addition will have minimal impact on the neighbors and will not be a detriment to the
neighborhood. Mr. Battistelli stated he agrees that the occupant is looking to make a minimal
change and he supports it.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries
MOTION: Ms. Gougian moved to GRANT the Variance for 25 Whitney Street to
construct front and rear additions that will be in harmony with the neighborhood and the
shape and size of the Lot create a hardship, subject to the plans submitted.
Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
E. Thomas and Joanne Doherty
In a petition for a request for a Variance to construct a (22'x 24'x 20'3 "H) detached garage in
the front yard of the lot with an 89'± setback. The property is located at 16 Bayview Avenue in
the R10 zoning district.
Robert Griffin of Griffin Engineering addressed the Board on behalf of the owners who also own
the abutting property. The Lot is long and skinny and so they are requesting a Variance to
construct a two car garage in the front yard. There is no useable land on the side or the rear of
the house based on the steep slope of the land. The proposed garage is 22'x 24'x 20'3 "H) and
there are no plans to create living space inside this garage. It would be an accessory structure to
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house vehicles and miscellaneous storage.
There was no public input.
Board Discussion
Mr. Battistelli asked when the property was subdivided and Mr. Griffin stated it was divided
prior to the Doherty's purchasing the property.
Ms. Gougian asked if there is an existing garage attached to the house and Mr. Griffin confirmed
and stated there will be five garage spaces total.
Mr. Battistelli stated he isn't quite sold on the hardship, aside from the fact that he already has a
garage attached to the house. Mr. Griffin stated that the shape of the Lot doesn't offer any other
place to build a garage anywhere other than the front yard and Mr. Doherty is already parking
cars in this area.
Mr. Griffin stated the proposed garage will be 100' from the street and will not affect any
neighboring views.
Mr. Margolis asked what utilities will be in the garage and Mr. Griffin stated it will be heated and
there will be electricity. There are no plans to bring water or sewer.
MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Variance at 16 Bayview Avenue to
build the 22'x24'x20'3 "(H) garage with the hardship being the shape of the Lot, subject
to the plans submitted. Second by Ms. Gougian.
Votes 5 -0
Motion carries.
AMENDED MOTION: Mr. Margolis moved to amend the Variance and stated that no
water or sewer lines could be brought in. Second by Ms. Caldwell.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
F. Richard and Diane Jones
In a petition for a request for a Special Permit to construct an attached two car garage to the rear
of a nonconforming dwelling within all required setbacks. The property is located at 5 Wilkins
Terrace in the R10 zoning district.
Richard and Diane Jones approached the Board and stated they are requesting a Special Permit to
construct an attached two car garage within all required setbacks. The proposed garage will
exceed the single family dwelling by more than 25 %. Mr. Jones provided written statements
from their neighbors in favor of their project.
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Mr. Battistelli stated the proposed garage will make the dwelling more attractive and will fit well
with what is on the land and the neighborhood.
MOTION: Mr. Levasseur moved to close the public hearing Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the Special Permit based on the application
and the plans submitted. Second by Mr. Battistelli.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
IV. OTHER BUSINESS
A. Minutes
MOTION: Mr. Levasseur moved to approve the Minutes from November 24, 2015.
Second by Ms. Gougian.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
MOTION: Mr. Levasseur moved to reschedule the Zoning Board meeting from
Tuesday, February 23, 2016 to Wednesday, February 24, 2016. Second by Ms. Caldwell.
Votes 5 -0 (Margolis, Levasseur, Battistelli, Gougian, Caldwell)
Motion carries.
V. ADJOURNMENT
MOTION: Mr. Levasseur moved to adjourn the meeting at 8:16 pm.
Second by Mr. Battistelli.
All in favor.
* NOTE : The next meeting is scheduled for Wednesday February 24, 2016
in Conference Room `B" at City Hall.
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