ZBA Minutes 8-23-161
City of Beverly
Zoning Board of Appeals
August 23, 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: Victoria Burke Caldwell, Vice Chairperson; Jim Levasseur;
David Battistelli; Pamela Gougian; Margaret O'Brien
Absent: Joe Margolis, Kevin Andrews
Others Present: Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location.: 191 Cabot Street, P. Floor, Councilor's Chambers
Ms. Caldwell, Vice Chairperson called the meeting to order at 7:08pm.
I. NEW PUBLIC HEARINGS
A. Charles Raymond
In a petition for a request for a Special Permit to rebuild nonconforming garage that was
damaged by fallen tree. The property is located 39 South Terrace in the R10 zoning district.
Mr. Raymond addressed the Board and stated he is requesting a Special Permit to rebuild a
garage that was collapsed by a tree. The existing garage does not meet the required setbacks and
the proposed garage will be on the same footprint.
No members of the public spoke in favor or in opposition.
Mr. Levasseur asked if the new garage will be the same size and height as the original garage
and Mr. Raymond stated it may be 6" higher, the pitch of the roof is slightly different.
Mr. Battistelli asked if Mr. Raymond had someone confirm that the existing foundation can be
used and that its sound and Mr. Raymond confirmed. Mr. Battistelli stated there are other
similar garages in the neighborhood and since there was already a garage there he doesn't have
an issue with granting the request.
MOTION: Ms. O'Brien moved to close the public hearing. Second by Mr. Levasseur.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
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MOTION: Ms. Gougian moved to grant the Special Permit to rebuild the garage at 39
South Terrace on the same footprint given that it doesn't create a new nonconformity,
subject to the plans submitted. Second by Ms. O'Brien.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
B. Emily Barnes
In a petition for a request for a Special Permit and Variance to demolish rebuild an existing
nonconforming single family home and a Variance to extend rear of home 4' resulting in a rear
yard setback of 11.6' where 25' is required. The property is located 20 Hobart Avenue in the R10
zoning district.
John Albright, Albright & Associates Residential Design addressed the Board on behalf of Emily
Barnes and stated the applicant is looking to demolish and rebuild the house.
John Barnes, Builder addressed the Board and stated he will be doing the construction. Mr.
Barnes explained that upon obtaining a limited demolition permit, they removed sheetrock in the
basement and found evidence of a fire. When Mr. Barnes then inquired at the building
department the permit history of the house, he found there were no permits pulled and so a lot of
shoddy patch work was done without a permit. When looking at the outside of the house some
stressing is visible and so the Building Inspector gave them permission to take down the walls
and ceiling in the attic which then revealed more fire damage that was covered up. There is
definitely structural damage. It is a balloon framed house on a block foundation. The house
itself needs to be demolished and rebuilt.
Emily Barnes submitted to the Board a petition signed by 12 abutters who reviewed the plans
and are in support of the house being rebuilt.
Public Participation
Michael Kidney, 53 Winthrop Avenue Mr. Kidney stated he owns the house across from the
property as rental property. Mr. Kidney is confused as to where the house is being extended and
also asked if the house is going up any higher. Mr. Kidney's property is income property with
water views and if the view is eliminated it will effect the amount he can charge for rent.
Eric Morse, 55 Winthrop Avenue Mr. Morse stated he will be the most affected by this build.
He bought his house 17 years ago and has done a ton of work to the house and has worked hard
to make it his home. The neighborhood is made up of small house that were cottages built on
small parcels of land. Mr. Morse is concerned that this rebuild will wipe out the view he has.
The view provides enjoyment and adds to the value of living there. Mr. Morse showed the
Board a picture of the view from his house. The last thing he wants is his property values to
decrease.
Mr. Albright explained the proposed elevations in detail and stated that only the south side
elevation reaches 35. The existing house is 1,164 sq. ft and the proposed house would be 1,860
sq. ft. and in harmony with the neighborhood's small houses.
Page 2 of 8
Victoria Yee, 51 Winthrop Ave Ms. Yee stated that the plans are an abomination for the whole
neighborhood. Ms. Yee has done a lot of work on their house and it's a great neighborhood.
Ms. Yee stated the house that went up at 22 Hobart drove out their great neighbors and she is
afraid that all the houses in the neighborhood are going to follow suit and there will be large
house on tiny lots. Ms. Yee stated she is also concerned about environmental impact and Ms.
Caldwell stated they will have to go through Conservation as well.
Ben Meade 18 Hobart Avenue Mr. Meade stated he is a direct abutter and he is in favor of the
plans. The proposed plans are consistent with other houses in the neighborhood and due to the
current condition of the house, rebuilding it would increase home values.
Mark Hall, 51 -B Winthrop Avenue Mr. Hall stated he is also concerned about his view being
impacted and the view is one of the reasons he purchased his home. Mr. Hall showed the Board
pictures of the view from his property.
Ms. Caldwell asked how much higher the house will be and Mr. Albright responded 8 -10'. Mr.
Levasseur asked what the low point of the existing building is and Mr. Albright stated it is 25'.
Kenneth Yee, 51 Winthrop Avenue Mr. Yee stated the City has variances for this reason. They
had expressed concern to the Board about 22 Hobart and nothing was done. He stated the Board
members are here to protect property values and when water views decrease or are eliminated,
property values go down.
Ms. O'Brien asked Ms. Barnes if when she purchased the house at 1,164 sq ft if that was enough
square footage and Ms. Barnes stated it was. The increased square footage came up after they
had planned to renovate and saw the damage that needed to be addressed and the investment it
would cost. Ms. Barnes stated they are looking to expand their family and the additional square
footage would be a benefit.
Mr. Levasseur and Mr. Battistelli discussed the 4' extension requested in the Variance and stated
it doesn't seem to be the concern; the height of the house affecting water views is more of a
concern.
Ms. Gougian asked what the Variance hardship is. Mr. Albright stated the house is really only
900 square feet, the second floor is useless, the roof slopes and you can't take more than four
steps in either direction. It makes sense to rebuild a modern house with two bathrooms, a
laundry closet and an additional bedroom for a growing family.
Mr. Battistelli stated the plans are showing more than a 50% increase and after calculating Mr.
Albright stated they are asking for a 60% increase. Mr. Frederickson reviewed what is allowed
by right and what is allowed by Special Permit.
Members reviewed and discussed the criteria for granting both a Special Permit and a Variance.
Mr. Frederickson suggested the Board have the applicant continue to the next meeting and
provide a site line evaluation. Mr. Levasseur stated he doesn't have an issue with the size
Page 3 of 8
increase but he is unable to determine how abutter's water views will be affected and that is his
biggest concern.
Ms. O'Brien asked what the existing peak of this house is and Mr. Albright stated 24'10". Ms.
Barnes clarified that they are trying to make a more normal roofline on both sides.
[5 minute recess]
Mr. Albright asked if it would help the Board if he created a diagram that showed the
neighborhood water views and the Board members agreed. Mr. Levasseur stated he would also
like to see plans showing the proposed house superimposed over the existing house so they can
see what the proposed changes would be. Mr. Albright agreed to provide that.
MOTION: Ms. O'Brien moved to continue the hearing to the September 27, 2016
meeting subject to the applicant signing the waiver. Second by Mr. Levasseur.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
C. Moconesi LLC
In a petition for a request for a Special Permit to rebuild the existing nonconforming house that
was damaged by fire on May 19, 2016. New house is to be constructed on existing foundation.
The property is located 7 -9 Highland Terrace in the RHD zoning district.
Ms. O'Brien recused herself from this application.
Stefano Basso addressed the Board and stated there was a tragic fire at the house and he is
looking to rebuild the house on the existing fieldstone foundation, maintaining the existing
footprint. The lot is nonconforming. They are only changing a small portion of the profile of the
building. The original house had charm and character and trying to replicate it would be
unsuccessful but they have kept some of the original elements. There will be bay windows on
the front and living room side of the house. They have added a gambrel roof that goes well with
the neighborhood but it does go a bit higher than the original roofline. There are 3 levels of decks
on the back so each apartment has a deck.
Public Participation
George Balich, 28 Prince Street Mr. Balich stated he owns the house directly across the street
from the property and is a registered architect. Mr. Balich reviewed the drawings and is in favor
of this rebuild.
Mr. Battistelli asked Mr. Balich if there is anything this property could do to improve the parking
situation in that neighborhood. Mr. Balich stated since it is a 3- family he doesn't think there is
anything more that can be done.
Ms. Gougian asked if the parking that existed prior to the fire will still exist and Mr. Balich
confirmed. Ms. Gougian asked what the height difference is and Mr. Basso stated it's about 5'
and added that the square footage is the same.
Page 4 of 8
Jennifer Brody, 9 Highland Avenue Ms. Brody stated her property is almost directly across
from the house and stated the plans look beautiful and she has submitted a letter in support.
Mr. Basso stated they have letters from direct abutters in support of the plans.
Mr. Battistelli stated he thinks it's a minimal request, they aren't asking to do anything beyond
what exists, other than the 5' increase.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli.
Votes 4 -0 (Caldwell, Battistelli, Levasseur, Gougian)
Motion carries.
MOTION: Mr. Battistelli moved to grant the Special Permit to rebuild the existing non
conforming house damaged by fire, on the existing footprint, with the same number of
apartments and it will enhance the values of neighboring properties and will not be a
detriment to anyone in the neighborhood. Second by Mr. Levasseur.
Votes 4 -0 (Caldwell, Battistelli, Levasseur, Gougian)
Motion carries.
D. James and Robyn Sunderland
In a petition for a request for a Special Permit to construct a second floor addition above right
rear corner of existing nonconforming house. Addition is to be no closer to lot lines than existing
house. The property is located 22 Glidden Street in the R10 zoning district.
James and Robyn Sunderland addressed the Board and stated they are requesting a Special
Permit to build a second story addition to include a bathroom. There is no change to the overall
footprint. The Special Permit is required because it is already a nonconforming house and the
only change is a room being added on top of an existing first floor.
No members of the public spoke in favor or in opposition.
Ms. Gougian asked if the second floor is going on top of another addition or is it original to the
house. Mr. Sunderland stated it is not original to the house, the addition was done about 20 years
ago before they moved in.
Mr. Battistelli stated it appears to be a minimal request with little exterior change. Ms. O'Brien
stated it adds to the house, it squares it off, it looks good.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
Page 5 of 8
MOTION: Mr. Levasseur moved to grant the Special Permit to build a second floor
addition over the existing first floor on the existing footprint, subject to the plans
submitted. Second by Ms. O'Brien.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
E. Mark Pietkiewicz
In a petition for a request for a Variance to construct a rear deck with a rear yard setback of 21.2'
where 25' is required. The property is located 72 Dane Street in the R6 zoning district.
Caroline Hampton addressed the Board on behalf of the applicant and stated the applicant is
seeking to expand their deck. The increased width would be to accommodate a jacuzzi. The
height of the proposed deck will not be raised, the railings will be cable. There will not be any
additional impact to views. It is a multi - family condo building, the owner lives on the bottom
level.
No members of the public spoke in favor or in opposition.
Ms. Gougian asked if the abutters who signed the petition are immediate abutters and Ms.
Hampton confirmed. Ms. Gougian asked if Units 2 and 3 signed the petition and are aware a
jacuzzi will be on the deck under their windows and Ms. Hampton confirmed. Ms. Gougian
stated the petition that was signed by Units 2 and 3 does not say anything about putting a jacuzzi
on the deck. The Board does not issue approval regarding the jacuzzi, just the deck.
Mr. Battistelli asked Ms. Hampton what the hardship is and Ms. Hampton stated the Lot is
narrow and there isn't anywhere else to put the deck.
Mr. Frederickson stated by right, a deck can come out 10'.
Ms. O'Brien confirmed that it is a narrow lot and stated that it's a minimal change. Mr. Battistelli
agreed and stated the unit owner most impacted did sign off.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. O'Brien.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
MOTION: Mr. Levasseur moved to grant the Variance to rebuild a deck that does not
meet the required setbacks with the hardship being the size and width of the lot, subject to
the drawings submitted. Second by Ms. O'Brien.
Votes 4 -1 (Caldwell, Battistelli, Levasseur, O'Brien in favor; Gougian, opposed)
Motion carries.
Glovsky & Glovsky on behalf of Robert & Sally Karpp
In a petition for a request for a Special Permit to reconstruct the existing nonconforming single
family dwelling and construction of an accessory boathouse. The property is located 25 Paine
Avenue in the R90 zoning district.
Page 6 of 8
Miranda Gooding, Esq. of Glovsky & Glovsky addressed the Board on behalf of the applicant
and stated they have recently purchased the property earlier this year and are requesting a
Finding to reconstruct an existing nonconforming single family on a nonconforming lot. The
existing property does not comply with the rear setback of 25' and the existing house encroaches
the setback about 5'. This nonconformity would be eliminated by the new construction. There
are two separate areas of frontage on Paine avenue. In the R90 district there was an amendment
to the bylaws that increased required frontage to 125'. The property was conforming when it
was constructed in the mid 70s but is now nonconforming due to that amendment. The new
home will be substantially larger but will conform with all the dimensional requirements in the
R90 district. The only nonconformity remaining will be the frontage.
No members of the public spoke in favor or in opposition.
Attorney Gooding stated the Karpps made efforts to be in touch with immediate abutters and
have retained signatures from the two direct abutters at 23 and 34 Paine Avenue.
Mr. Battistelli asked for information on the boat house and Attorney Gooding stated it is a
conforming accessory house.
Ms. Gougian asked what the square footage increase will be and the applicants stated the existing
house is about 3,300 sq. ft and they are increasing to 5,000 sq. ft.
Ms. O'Brien stated the plans are not more detrimental to the neighborhood and she doesn't see
an issue with them.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. O'Brien.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
Attorney Gooding stated there may be minor changes to the plans due to a change in architects.
The plans submitted with the package may change between now and the building permit but only
minimally and so they may request a Minor Modification in the near future.
MOTION: Ms. O'Brien moved to approve the application, as it is not more detrimental to
the neighborhood, subject to the plans submitted. Second by Mr. Levasseur.
Votes 5 -0 (Caldwell, Battistelli, Levasseur, Gougian, O'Brien)
Motion carries.
II. MINUTES:
MOTION: Mr. Levasseur moved to approve the July 26, 2016 minutes. Second by
Ms. Caldwell. All in favor.
Motion carries.
Page 7 of 8
III. OTHER BUSINESS
The members discussed the likelihood of Mr. Andrews leaving the Board and having to recruit
new members.
The members discussed changing the night the ZBA meets in 2017.
MOTION: Mr. Levasseur moved to adjourn at 9:36 pm. Second by Ms. Gougian.
All in favor.
Motion carries.
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