ZBA Minutes 11 30 2017City of Beverly
Zoning Board of Appeals
November 30, 2017 at 7:00 pm
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; Kevin Andrews, alt.;
Margaret O'Brien, alt.; Stefano Basso, alt.
Absent David Battistelli
Others Present Steve Frederickson, Building Commissioner
Leanna Hands, Zoning Board Administrative Assistant
Location 191 Cabot Street, 3rd. Floor, Council Chamber
Joel Margolis began the meeting at 7:00 pm. and introduced the Board members present.
I. NEW PUBLIC HEARINGS
A. Danny and Maryellen Lear
In a petition for a request for a Variance to construct an addition to right side of existing house
with a side setback of 7' where 15' is required and a rear setback of 23.5' where 25' is required.
The property is located at 19 Country Drive in the R10 zoning district.
Danny and Maryellen Lear addressed the Board and stated they are looking to construct a
14'x22' addition off the right side of the house to expand the kitchen and have a family room.
The proposed addition would be 7' from the side set back and 23.5' from the rear set back. A
petition was submitted with the application with 15 neighbors who signed in favor of the project.
Mr. Lear stated a neighbor who is a realtor stated it is a great idea that will add value. The
hardship is due to a water issue on the left side of the house. The lot is approximately 7,900
square feet.
Ms. Caldwell stated the size of the lot can support the addition. Ms. O'Brien stated it goes into
the setback minimally.
No one spoke in favor or in opposition.
Ms. Caldwell stated it looks like all the direct abutters have signed the petition in favor.
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Mr. Andrews asked if they put the addition on the left side of the house would it meet the
setbacks. Mrs. Lear stated it would still require a Variance. A right side addition would face the
neighbor's garage.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Andrews seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the Variance for 19 Country Drive to
construct a 14'x22' right side addition, the hardships being the size of the lot,
environmental conditions and the location of the existing utilities, subject to the plans
submitted. Ms. O'Brien seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
B. Rachelle Cutler on behalf of Farms Veterinary Clinic
In a petition for a request for a Special Permit to place a 2.4'H x 2'W x 3 'D freestanding solar
powered sign on the corner of Hale Street and Linehan Way on a pole with 8' of clearance. The
property is located on the corner of Hale Street and Linehan Way in the CN zoning district.
Ms. Cutler addressed the Board and requested a Special Permit to place a freestanding sign on
the corner of Hale Street and Linehan Way. Farms Veterinary Clinic is located 150' back from
Hale Street and the clinic is blocked by a fence and Dusty's Ice Cream. Ms. Cutler provided
signatures from all abutters in favor of the sign located on Linehan Way and at Captain Dusty Ice
cream.
No one spoke in favor or in opposition.
MOTION: Ms. O'Brien moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
MOTION: Mr. Levasseur moved to Grant the Special Permit to Farms Vet Clinic to
place a freestanding sign at the corner of Hale Street and Linehan Way, based upon the
design presented and as approved by the Design Review Board.
Ms. Gougian seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
C. Avanti Marketing & Development Group on behalf of Fazio Enterprises
In a petition for a request for a Special Permit to install two 15'x10 "x19 "D projecting blade
signs. The property is located at 453 Essex Street in the CN zoning district.
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Mark Mancina addressed the Board and stated Mobile is upgrading the site and would like to
promote their new Synergy fuel. Mr. Mancina stated the Design Review Board approved half of
the sign project and so they are appealing to the ZBA to approve the blade signs. It's the only
part of the project that carries the Synergy name on it to promote the brand. The blade signs are
15 inch triangular signs that attach to the columns do not impede traffic.
Judith Boyle, 458 Essex Street stated she lives across the street and they have been inundated
with signs. Ms. Boyle stated there are plenty of signs on both the Mobile station and the package
store and she objects to any more signs. There are other abutters present who also object. Ms.
Boyle added that Mobile is not following guidelines, they are bringing trucks in all hours.
The legal ad and the abutter notice contained a typo stating the proposed sign to be 15 feet when
it should have been 15 inches.
Gary Pierce, 441 Essex Street stated he received notice of the application but didn't receive any
details.
Ms. O'Brien stated Ms. Boyle has complained about late deliveries and asked if the Board could
put a contingency into the Motion to ensure deliveries are done at proper times. Mr.
Frederickson stated Beverly doesn't have an ordinance regarding delivery times and it is up to
the Board to put a condition on the delivery times.
Mr. Andrews stated it is a unique station where it is located in a residential neighborhood.
Ms. Caldwell suggested the abutters contact their ward councilor to change the ordinance to
prevent deliveries during certain hours.
MOTION: Ms. O'Brien moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the Special Permit for 453 Essex Street to
install two 15 "x10 "x 19" blade signs, subject to the plans submitted.
Mr. Levasseur seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
D. Michael Corsetti
In a petition for a request for a Variance to allow one single family dwelling on Lots 24A and
24B having land area totaling 8.57 acres. The property is located at 65 Beaver Pond Road in the
IR zoning district.
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Michael Corsetti addressed the Board and stated he would like to build a single family dwelling
on the lot. Gary Corsetti who is a designer was also present. Mr. Corsetti stated the hardship is
that the lot is zoned for industrial and access to the property is through Beaver Pond Road which
is governed by ordinance that prohibits commercial use which makes the lot unusable as a
commercial property.
The previous owner obtained a use variance in 2006 for this same issue but it has since expired.
Mr. Corsetti stated Amy Maxner in the Planning Department stated an environmental engineer
will need to walk the site to confirm what they are proposing will not be built on conservation
land.
No one spoke in favor or in opposition.
Mr. Corsetti provided a letter in support of this project from Carmen Frattaroli, the representative
of the home owner association.
Mr. Andrews asked if Beaver Pond Road is a private way and Mr. Corsetti confirmed. The
association owns the road and they do not allow commercial vehicles.
MOTION: Mr. Levasseur moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
MOTION: Ms. Caldwell moved to Grant a use Variance for 65 Beaver Pond Road, the
hardship being Beaver Pond Road is restricted for residential use and the lot is zoned as
industrial. Mr. Levasseur seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
E. Handly & Cox on behalf of Vincent Orlando
In a petition for a request for a Variance, Special Permit and a Finding to construct three
additional semi- detached residential dwelling units with related dimensional relief. The property
is located 34 Beckford Street in the RMD zoning district.
Marshall Handly, Esq. (Handly & Cox) addressed the Board and stated they are requesting a
Variance and a Special Permit. The lot is irregularly shaped and located in a neighborhood
where none of the lots conform. Nearby there are 20 -unit structures as well as single family
dwellings on the opposite side. Currently on the lot is a 19 century school house that is in dire
need of upgrading and improvement. They are proposing to construct a side by side two family
structure connected to a similar scaled building with three units on Mill Street. It would leave
this lot with more .open space than other lots in the area and it would be a group of affordable
family style residences. This is an opportunity to improve the Mill Street facade.
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The set backs are consistent with what currently exists. Some neighboring buildings have no set
backs. There will be sufficient parking provided except for one space and so they are seeking
relief for that one space.
David Jaquith, Architect addressed the Board and provided details of the plans.
Mr. Andrews asked how many off street parking spaces will be provided and Mr. Jaquith stated
nine spaces. Mr. Andrews asked where snow storage and trash'storage will be located and Mr.
Jaquith stated there isn't specified trash storage but snow will be removed from the site. Ms.
Caldwell suggested putting snow removal from the site as a condition.
Ms. Gougian reviewed the parking spaces and stated people are going to have a difficult time
maneuvering their vehicles in and out of the spaces.
Atty. Handly stated the overall square footage of the lot is just short of 10,000 square feet and
each unit is approximately 1,700 square feet. Ms. Gougian stated the lot is 9,220 square feet.
Ms. Caldwell stated it's a lovely design but she feels like its just one unit to big and that is a lot
to put on that size lot. If it was one unit less it would solve the parking issue and the snow
storage issue.
No one spoke in favor or in opposition.
Mr. Margolis stated he would be in favor of this project if it had one less unit.
MOTION: Ms. Caldwell move to continue the public hearing to the January 25, 2017
meeting, subject to signing the Waiver and Agreement.
Mr. Andrews seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
II. MODIFICATION REQUEST
A. 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.
Mr. Margolis stated they need to determine if this request is a Minor or Major Modification.
Mr. Parisella addressed the Board and stated he submitted a letter on November 20 explaining
his request. When they began construction, the ledge came out easier than they thought and now
the lot is very level and they would be able to extend six feet. Mr. Parisella stated they are no
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longer building a two story addition as approved, it would just be a one story addition, and the
deck will not be extended. The addition will replace six feet of the existing deck. Mr. Parisella
feels they are reducing what was originally approved.
Mr. Parisella stated he has provided the Board with the new plans, the only difference is the six
feet in length to the addition, and the deck has not been extended.
Ms. Caldwell stated given the depth of the lot she views this request as a Minor Modification.
Mr. Levasseur and Mr. Andrews agreed.
MOTION: Ms. Caldwell moved the Board to find that the relief requested by the
Petitioner to extend the addition six additional feet and reduce the addition from a two
story to one story addition is a Minor Modification. Ms. O'Brien seconded the Motion.
Votes 5 -0 (O'Brien, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
MOTION: Ms. O'Brien moved to approve the plans as submitted with the exception
that it will be a one story addition instead of a two story addition and make a Minor
Modification to the original Finding. Ms. Caldwell seconded the Motion.
Votes 5 -0 (O'Brien, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
M. CONTINUED PUBLIC HEARINGS
A. Alexander & Femino on behalf of 68 Dane Street LLC
In a petition for a request for a Finding/Special Permit to allow the substitution of the legally
pre - existing nonconforming twenty unit rooming house use with six new two bedroom units to
be constructed within the existing building footprint and for the most part within the existing
building envelope, except for a approximately 719 sq. ft. addition to the rear of the building
above the existing second floor flat roof. The property is located at 68 Dane street in the R -6
zoning district.
Thomas Alexander, Esq. (Alexander & Femino) addressed the Board and stated they are seeking
to convert a legally pre existing nonconforming 20 -unit rooming house into six residential
condominiums. It has been a rooming house for over one hundred years and it is mostly
surrounded by single and two- family houses in a single family district. This particular rooming
house has had serious problems over the years with felons and level 3 sex offenders living there.
The City has revoked its license in the past. The new owner bought the building with the idea of
renovating the building so that each room had its own bathroom and kitchenette, however, the
economics of that plan did not make sense. The building is enormous with over 7,600 square
feet and so each unit would average just over 1,350 square feet. They have gone from 20
bedrooms down to 13 bedrooms spread over the five units.
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Atty. Alexander stated the impact to the neighborhood will be substantially less than what
currently exists and the plans will utilize the building very well. They had a neighborhood
meeting with about twenty people and they were all in favor. There was one abutter who was not
in favor and he has submitted a letter to the Board.
Atty. Alexander stated the adjoining uses will not be detrimental to the neighborhood. Property
values will not be adversely affected and will likely be positively affected. No undue traffic will
be created, the traffic impact will be less. There are adequate and appropriate facilities and the
building will be brought up to code.
David Jaquith, Architect addressed the Board and provided details of the proposed plans. This
particular design is based on designs Mr. Jaquith used at 6 Ober Street. There will be six units
with one on site parking space per unit. There will be two units on the first and second floors,
one unit on the third floor and one in the rear lower level. There will be five units with two
bedrooms and one three bedroom unit.
Ms. Gougian stated it's a huge building in a residential neighborhood and yet they are adding on
to the building. Mr. Andrews stated it's historically huge and he doesn't see the small addition as
adding much volume. Ms. Gougian stated the addition matters to the abutter who submitted the
letter.
Ms. Caldwell asked about needing a Variance if the proposed addition conforms to the zoning
and Atty. Alexander stated they fixed that issue and the addition now conforms to zoning.
Ms. Gougian asked if the parking area has always been there and Atty. Alexander confirmed and
stated it's a paved area. Ms. Gougian asked if there is enough room to parallel park cars and
Atty. Alexander confirmed.
Ms. Gougian asked if the Building owns the fence and Atty. Alexander confirmed. Ms. Gougian
stated if all the cars are going to be parked there she would like to see a nice fence so the
neighbors don't have to look at the cars and when there is snow it is contained within the
property and not spilling into the neighbor's yard. Atty. Alexander stated snow will have to be
trucked off site.
The units will be sold off as condominiums. Mr. Margolis stated in his opinion it will be difficult
to sell a condo unit with one parking space. Atty. Alexander disagreed and stated they are in a
good walking location and near public transportation.
Ms. Caldwell asked where trash would be stored and Atty. Alexander stated it will be dealt with
per unit, each unit has outdoor space. Mr. Andrews stated it looks like there is space at the end
of the driveway to store trash for the week. Ms. Caldwell stated there could be provisions for
outdoor communal trash but there needs to be space for that.
No one spoke in favor or in opposition.
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Mr. Basso asked if the existing fence is 6' and Atty. Alexander confirmed. Atty. Alexander stated
they would be agreeable to an 8' fence. Mr. Basso suggested a 6' fence with lattice on top. Mr.
Basso suggested adding a cobblestone apron along the driveway.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
Ms. Caldwell stated she is concerned about the parking. Ms. O'Brien stated if they buy a unit
they know what they are getting, however, in the summer there are cars parked all along that
street.
Ms. Caldwell asked if the units will be air conditioned and Mr. Jaquith confirmed.
MOTION: Mr. Andrews moved the Board to Find the request for 68 Dane Street to
convert the 20 -unit rooming house into six condominium units within the existing
building envelope with the exception of the lower level rear addition as not more
substantially detrimental than the current use as no undue traffic or nuisance will be
created and there is no factual objection. A cobble stone apron along the driveway will be
installed, a six foot fence with lattice cap will be installed, adequate recycling and trash
storage will be provided, the condo association will truck the snow off the property,
subject to the revised plans submitted. Mr. Levasseur seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews)
Motion carries.
IV. OTHER BUSINESS
Minutes:
MOTION: Ms. Caldwell moved to approve the Minutes from October 26, 2017.
Mr. Levasseur seconded the Motion.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
MOTION: Mr. Levasseur moved to adjourn the meeting at 9:45 pm.
Votes 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien)
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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