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February 2017City of Beverly Zoning Board of Appeals February 23, 2017 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; Victoria Burke- Caldwell; Jim Levasseur; Pamela Gougian; David Battistelli Members Absent: Kevin Andrews, Margaret O'Brien Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3 Floor, Councilor's Chambers Mr. Margolis called the meeting to order at 7:01 pm. and introduced the members of the Board. I. CONTINUED PUBLIC HEARINGS A. 586 Hale Street LLC In a petition for a Variance to allow the addition of 2 townhouses style residential units to the rear of the existing post office at 64 Thissell Street and the demolition and replacement of an existing two family at 582 Hale Street with 3 townhouse style residential units. The buildings at 582 Hale Street will be set back 8 feet from the front line, 6.9 feet from one side line and 4.3 feet from the other side line. The properties are located at 582 Hale Street and 64 Thissell Street in the CN zoning district. Thomas Alexander, Esq, addressed the Board on behalf of the applicant and requested a continuance to the March 23, 2017 meeting due to only 4 voting members being present. Attorney Alexander stated they have been in touch with the neighbors. MOTION: Mr. Levasseur moved to approve the request to continue the application to the March 23, 2017 meeting, subject to signing the Waiver and Agreement. Second by Ms. Gougian. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. Page 1 of 7 B. John and Nancy Frates In a petition for a request for a Finding to add a small roof over outside steps to the pre- existing non - conforming two family residence. The property is located at 37 School Street in the R6 zoning district. Thomas Alexander, Esq. addressed the Board on behalf of John and Nancy Frates and stated the Frates have owned the property for 15 years. In the R6 zone, two family use is allowed by right. The Frates are proposing to construct a 6'x12' roof over an existing stairway that leads up to the second floor unit. The stairs are often hazardous due to snow and ice accumulation and the proposed roof will cover the stairs and allow for proper egress. It is a nonconforming lot that predates zoning. This roof would not encroach any closer to the side or rear than the existing building. It's an appropriate use for this area. This request is in keeping with structures in the neighborhood as the two closest neighbors have similar structures. It's a minimal request that will increase the safety of this second egress. They are not aware of any neighbors in opposition. It will not adversely affect the neighborhood values, traffic will not be adversely affected and there are adequate City services in the area. No one spoke in favor or in opposition. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. MOTION: Mr. Battistelli moved the Board to Find that the request for a 6'x 12' roof would not be substantially more detrimental than the existing nonconforming residence. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. IL NEW PUBLIC HEARINGS A. Cynthia Langburd In a petition for a request for a Special Permit to offer veterinary services. The property is located at 128 Park Street, Unit A4 in the IG zoning district. Attorney Segal addressed the Board on behalf of the applicant and stated the reason a Special Permit is required in this area is for the Use. Ms. Langburd is a licensed veterinarian and is seeking to see animals for rehabilitation and that requires a Special Permit. Ms. Langburd is planning to have a swimming pool in the facility. There is already a dog service business in the building. Ms. Gougian asked if Ms. Langburd will be conducting surgery and Attorney Segal stated he did not believe so. Jermaine Anderson, owner of Loyal Canine Academy located in the building stated he is in favor of the application and believes it will be a great addition to the area. Page 2 of 7 Ms. Gougian asked Mr. Anderson if he will be referring customers to her and Mr. Anderson confirmed. Mr. Battistelli asked if the garage doors were to be open would there be noise leakage and Mr. Anderson confirmed. Mr. Battistelli asked what would be the purpose to have the doors open and Mr. Anderson stated for ventilation and explained there are only certain times of day that the dogs get noisy. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit to the Petitioner to operate a veterinary service business out of Unit 4 at 128 Park Street as the use is consistent with the adjacent business. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. B. John Mondano In a petition for a request for a Finding that the proposed renovations to remove an existing garage and carport and build a new 2 -car garage with a great room/kitchen over the new garage. Addition will have right side setback of 2.7', existing structure has right side set back of 1.1. The property is located at 43 County Way in the R10 zoning district. David Jacquith, Architect addressed the Board on behalf of the applicant and stated that the house is family owned and that the applicant is proposing a 2 -car garage with a great room/kitchen above it. The ridgeline of the addition has been designed to be turned the other way to alleviate the railroad appearance of the building. There will be a balcony over the garage doors. The applicants moved from Rantoul Street to this ranch house and then the City of Beverly put a drainage easement through the property. Three neighbors have signed a petition in favor of the proposed addition. Mr. Battistelli asked for clarification where the abutters in favor are in relation to the house. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. MOTION: Ms. Caldwell moved the Board to FIND that the proposed plan to remove the existing garage and build a new garage with rooms above it is not more detrimental to the neighborhood, subject to the revised plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. Page 3 of 7 C. Project Adventure, Inc In a petition for a request for a Variance from the minimum frontage requirement contained in Section 38- 8.D.2, to allow the creation of a single family building lot in an R45 zoning district with no legal frontage where 175' is required. The proposed lot will be served by an existing common driveway. The property is located at 719 Cabot Street in the R45 zoning district. Miranda Gooding, Esq. addressed the Board on behalf of the applicant and stated that due to the comments received from other City departments they are requesting a continuance to the March 23, 2017 meeting. The applicant would like to have time to respond to and address their concerns. MOTION: Mr. Battistelli moved to approve the request to continue to the March 23, 2017 meeting. Second by Ms. Gougian. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. D. Jason Parisella In a petition for a request for a Variance and Finding that a proposed 14' wide by 20' long 2 -story addition with a 650 sq. ft open deck will be no more detrimental than the existing single family dwelling structure that is presently 5.6' from the right property line. The property is located at 81 Baker Avenue in the R10 zoning district. Jason Parisella addressed the Board and requested a continuance to the March 23, 2017 due to only 4 voting members present. MOTION: Ms. Gougian moved to approve the continuance to the March 23, 2017 meeting. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. E. Michael Pescatore In a petition for a request for a Variance to the side yard setback requirement of 20' to add an addition and two car garage to an existing single family and create a new proposed side yard setback of 1'. The property is located at 202 Greenwood Avenue in the R45 zoning district. Daniel Sencabaugh, Esq. addressed the Board on behalf of the applicant and stated they are proposing a new side set back of 1'. The proposed 2 -story addition will be for a mudroom on the first floor and a master bath and walk in closet on the second floor. The house is a 4- bedroom colonial built in the 1900s. The new roofline would be lower than the existing house. The 2 -car garage will be single story. The petitioners have shared the plans with their neighbors and as far as they know there is no opposition. The requirements of a Variance are satisfied with the unusual shape of the lot and that the house is wedged into the southeast corner of the property. A literal enforcement of the zoning ordinance would create prevent the addition and the garage. Relief from the zoning ordinance will not have a substantially detrimental effect on the neighborhood. The surrounding houses are of similar size and have similar garages. Page 4 of 7 The petitioner has already appeared before the Conservation Commission and they issued a negative determination with conditions. It was determined that Hulls Lane is a public way and that no one has claimed a fee interest. The title examiner has concluded Hulls Lane is a paper road. Mr. Battistelli asked for clarification as to the location of Hulls Lane's and stated he would like better clarification of what this property is. Ms. Gougian asked what the existing footage is and what the addition will be. Attorney Sencabaugh stated the square footage listed at the Assessors is 2,206', the real estate listing had 2,800' which included the finished attic space. The proposed addition is a 20'x 9 1 /2'. The lot is 20,864'. Ms. Caldwell stated, given the shape of the lot and the orientation of the house, the request makes sense and if they are going to put a garage in, that is the location where it needs to be. Mr. Margolis stated he agrees, however, if someone were to complete that paper road the garage would be really close. Attorney Sencabaugh stated the petitioner doesn't intend to use Hulls Lane in any other way than its current use. Instead of driving up the driveway and leaving his car outside he will be putting it into a garage on his property. Mr. Battistelli asked about the roofline elevations and Attorney Sencabaugh stated the proposed roofline is lower than the existing roofline and the one story garage has an even lower peak. The garage overhang was discussed. Mr. Margolis asked the petitioner if he would be amenable to reducing the size of the garage and Mr. Pescatore stated he is not opposed to it but he would need to review the design with his architect. Ms. Gougian stated 24' x 24' is the standard for a 2 -car garage. Attorney Sencabaugh stated they would be amenable to adhering to a condition regarding the 1' overhang. Ms. Gougian stated they could also redesign the garage so there is no overhang. Mr. Margolis stated he would like to see the garage not overhang the lot line. Mr. Battistelli stated he is not in favor of this design and that someone should be able to walk around a garage on their property. Attorney Sencabaugh stated they are planning to have a door in the garage leading out to their yard. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Variance based on the size and shape of the lot and the location of the existing structure and permit the construction of a 2 -car one story garage with the condition that the 1' Variance would not overhang the property line, subject to the plans submitted. Second by Mr. Levasseur. Votes 4 -1 (Margolis, Gougian, Caldwell, Levasseur; Battistelli opposed) Motion carries. Page 5 of 7 F. Keith and Laura Knearem In a petition for a request for a Variance to allow a 15' (H) detached garage that is 10' from the side lot line where 15' is required. The property is located at 15 Tyler Road in the R10 zoning district. Attorney Alexander addressed the Board on behalf of the applicants and stated they are seeking to build a 28'x32'x 15'(H) 2 -car garage within 10' of the side lot line, the requirement is 15'. The lot is 22,542' and is very large. Attorney Alexander directed the Board to the Site Plan and stated the reason the proposed garage is so far from the house is due to a large sugar maple tree that they would like to preserve. The plans are very tastefully done and fit with the character of the neighborhood and would be in harmony. It would not be detrimental to the public welfare, it's an appropriate location, property values will not be adversely affected, and there are adequate and appropriate services in this location. The hardship is the location of the tree as it is part of the landscape. The tree provides a lot of shade to this property and to others and it would detract from the neighborhood if it was removed. No one spoke in favor or in opposition. All of the immediate abutters are in favor and Attorney Alexander provided a signed petition. Mr. Battistelli stated the abutter he was concerned with signed the petition. Ms. Gougian asked if this house had any previous additions and Attorney Alexander confirmed and added they were prior to the Knearem's and did not require a Variance. The lot was laid out prior to zoning regulations. Ms. Gougian asked why the garage needs to be that big and Mr. Knearem stated one of his hobbies is wood working and so that is why they made the garage so deep. Ms. Caldwell stated the depth doesn't affect the request for a Variance. Ms. Knearem stated the proposed garage would abut their neighbors' garage. Attorney Alexander stated they would accept a condition that they would not cut down the tree unless it is dead or diseased. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Variance to construct a 28'x32'xI5'(H) detached garage that does not meet the 15' setback, the hardship is the preservation of the tree on the lot, based on the plans submitted. Second by Mr. Battistelli. Votes 4 -1 (Margolis, Caldwell, Battistelli, Levasseur; Gougian opposed) Motion carries. Page 6 of 7 III. OTHER BUSINESS A. Minutes MOTION: Ms. Gougian moved to approve the Minutes from the January 26, 2017 meeting. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Battistelli, Gougian, Caldwell, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to adjourn the meeting at 8:35pm. Second by Mr. Battistelli. All in favor. Motion carried. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 7 of 7