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ZBA Minutes 2 22 2018 (2)City of Beverly Zoning Board of Appeals February 22, 2018 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; David Battistelli; Jim Levasseur; Kevin Andrews, alt.; Stefano Basso, alt. Absent Victoria Burke- Caldwell, Pamela Gougian, Margaret O'Brien, alt.; Others Present Steve Frederickson, Building Commissioner Leanna Harris, 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. William and Elizabeth Kenney In a petition for a request for a Variance to construct an 18'x32' storage building with a rear yard setback of 14.2' where 25' is required. The property is located at 22R Woodland Avenue in the R10 zoning district. Mr. Kenney addressed the Board and stated the Bass River is behind his property, there is no other structure behind him. Mr. Kenney would like to build a shed on an existing concrete foundation. The current shed he is using is run down. He is requesting a Variance from the required 25' to 14.2' at the closest point. Mr. Battistelli explained to Mr. Kenney how there needs to be a hardship not relating to a financial reason. Mr. Battistelli stated Mr. Kenney would be utilizing an existing foundation. Mr. Basso stated he would also be reducing a current encroachment. No members of the public spoke in favor or against. Page l of 7 ,s R� MOTION: Mr. Andrews moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Variance at 22R Woodland Avenue tc build a shed on an existing foundation with a rear set back of 14.2' where 25' is required, the hardship being the shape and size of the lot, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. B. Michelle Cabelus In a petition to request a Variance to demolish existing house and detached garage and rebuild new single family house with attached garage. New house to be no closer to front and left side than existing. New house to have rear setback of 15.7' vs. Existing setback of 19.8' where 25' is required. The property is located on 7 Fosters Point in the R10 zoning district. Robert Gulla, Architect addressed the Board on behalf of the applicant and stated there is an existing house that will be removed for the project. They are requesting a Variance due to the 25% rule, however when he read the ordinance he thought it read 50 %. They cannot use the existing garage but the project will increase the living space on the same footprint of both structures put into one building. The footprint on the lot will not be increased. Mr. Gulla submitted signatures from abutters in favor of the project. The original structure has 1,437 sq. feet and the proposed structure would have 1,706 sq. feet. Mr. Gulla stated the hardship for the Variance is that the lot size pushed the applicant to create one structure that is cohesive on the lot. Mr. Margolis asked if there is any other place on the lot that the house could be placed to not need a Variance. Mr. Gulla stated they aren't requesting a Variance from setbacks, their request relates to the percentage increase of the structure. Mr. Frederickson stated by right they are allowed to increase a structure by 25% of a nonconforming structure. Mr. Gulla stated it is not more nonconforming than the existing structure. Bob Gallagher, 6 Fosters Point stated he lives directly across the street and he has no objection to the proposed plans. Andrew St. Pierre, 4 Fosters Point stated his house is diagonal from 7 Fosters Point. Mr. St. Pierre stated he did the same process when he expanded his house and he has no objection. The house will be beautiful and add to the neighborhood. Mr. Andrews asked if the lot prevents them from building the house to comply with the setbacks and Mr. Gulla confirmed. Mr. Andrews stated that is the hardship. Page 2 of 7 a � _A� MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. Mr. Battistelli asked if two other houses share the driveway and Mr. Gulla showed on the map that there is no sharing of the driveway. Mr. Gulla stated they had an engineer look at the house to renovate it and the engineer stated the foundation is bad and nothing could be done with the existing structure. MOTION: Mr. Andrews moved to Grant the Variance to tear down the house at 7 Fosters Point and construct a new single family structure with an attached garage, the hardship being the shape and size of the lot, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. C. The Sign Center o/b /o 30 Tozer Road LLC In a petition to request a Special Permit to install three wall signs above the second floor windows. The property is located on 30 Tozer Road in the IR zoning district. The Sign Center /30 Tozer Road Jay Kahn, The Sign Center addressed the Board on behalf of Pediatric Associates and Tozer Road LLC and stated they are one in the same. This is a 2 -story building built for medical practice with three medical tenants in the space. This building is set back 90 feet. The applicant went before the Design Review Board on February I They are seeking a Special Permit for the placement of the signs on the building due to second floor business. Mr. Kahn stated the Design Review Board let them know that ordinances are being reviewed to help with these types of buildings. The second floor is fully occupied by Sports Medicine and half by Lahey. The three logos are approximately 50' each. Mr. Kahn reviewed the building placement on the plot plan and where each logo sign would be. The signs are not illuminated as the business is Monday- Friday within normal business hours. The brick fascia is the appropriate face to place the signage which does require a Special Permit. The Design Review Board did submit a letter in support from the 2/1/2018 meeting. No members of the public spoke in favor or against. Mr. Basso stated the signs look good and they are in scale with the building. Mr. Battistelli stated the signs are modest and an attractive design. Page 3 of 7 MOTION: Mr. Andrews moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. MOTION: Mr. Andrews moved to GRANT a Special Permit for the installation of three signs at 30 Tozer Road, according to the plans submitted and approved by the Design Review Board. Mr. Basso seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. D. The Sign Center o /b /o KROHNE, Inc. In a petition for a request for a Special Permit to install two wall signs. The property is located on 55 Cherry Hill Drive in the IR zoning district. Mr. Kahn, The Sign Center addressed the Board on behalf of KROHNE, Inc. and stated they are requesting a Special Permit to install two wall signs. Matt Connolly is also present for questions relating to the construction that is nearing completion. KROHNE, Inc. is a world manufacturer with offices at 55 Cherry Hill Drive and will have about 80 employees working in the building in a single shift. The signs are illuminated, both front lit and halo lit which is part of their branding. They will be on dimmers that can control the amount of illumination. The signs are blue and hallowed with white. The building is 432 feet long with lots of linear mass. The size of the sign is due to the view from Conant Street. The two signs are 4'x15' but that includes the border. The letters themselves are 23.5 ". No members of the public spoke in favor or against. Mr. Levasseur stated the size of the sign seems appropriate for the size of the building. Mr. Kahn provided a copy of The Design Review Board's letter in support. Mr. Battistelli stated. it is nice when a sign is presented that doesn't need to be changed. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to install two signs at 55 Cherry Hill Drive according to the plans submitted and approved by the Design Review Board. Mr. Basso seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. Page 4 of 7 xy E. Griffin Engineering Group o/b /o Brian McMahon In a petition for a request for a Variance to construct a single family residence with a front yard setback of 18.3 feet where 20 feet is required. The property is located on 19 Kittredge Street in the R10 zoning district. Mr. Margolis gave the applicant the option to continue this application to the March 2018 meeting due to a recused member. The applicant decided to move forward. David Battistelli recused himself. There were four voting members. Robert Griffin, Griffin Engineering Group addressed the Board on behalf of the applicant. The lot is a conforming lot that has been used more than 50 years to support a construction business. A stream runs along the property creating a flood zone. In 2016 the McMahon's engaged Griffin Engineering to build a new house and to go before the Conservation Commission. The Conservation Commission had approved a location for the house to be built. The construction of the foundation was made by measuring off of the sidewalk. Occasionally sidewalks will deviate which then caused the foundation to be poured 18.3' instead of 20' from the site line. It wasn't discovered until an as -built plan was submitted. There is no impact on the street, it doesn't cause any problems with traffic or scenic views. Mr. Griffin provided signatures from abutters in support of the construction as it presently exists. It is a significant improvement to the neighborhood. Mr. Griffin stated the hardship is the location of the existing structure on the lot and the need to be a certain number of feet from the wetlands. No members of the public spoke in favor or. in opposition. Mr. Basso asked for confirmation that the survey was done after the building was built and Mr. Griffin confirmed and stated it was discovered upon the request of an as- built. Kathleen McMahon stated the as -built plan was requested by the bank and so that is why it was done after the fact. Mr. Levasseur stated it is a minor oversight and Mr. Basso stated it is further away from the wetlands. Mr. Andrews stated the construction is similar to the neighbors. MOTION: Mr. Andrews moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes 4 -0 (Margolis, Levasseur, Andrews, Basso) Motion carries. Page 5 of 7 �£ s ILZ MOTION: Mr. Basso moved to GRANT the Variance at 19 Kittredge Street based on the hardship being the lot shape and the location of the wetlands relative to the set backs, based on the plans submitted. Mr. Levasseur seconded the Motion. Votes 4 -0 (Margolis, Levasseur, Andrews, Basso) Motion carries. F. Griffin Engineering o/b /o Denis Hegarty In a petition for a request for a Special Permit to construct a building addition (2nd story dormer) at the front of the existing residence to allow the enlargement of a portion of the existing nonconforming dwelling with respect to minimum front yard set back. The property is located at 12 Woodbury Drive in the R10 zoning district. Robert Griffin, Griffin Engineering Group addressed the Board on behalf of the applicant and stated the Hegarty's recently purchased the property and had renovations done including decks (by right). The proposed dormer is within the front yard set back but going up. Mr. Griffi-n reviewed the dormer plans for the Board and stated the dormer will not stick out any further towards the street. A Special Permit is required due to it being a nonconforming structure on a nonconforming lot. The Hegarty's have been in contact with their neighbors and have provided letters in support of the proposed improvements. It will remain a single family residence, there are adequate facilities and it will not be more detrimental to the neighborhood. No members of the public spoke in favor or against. Mr. Battistelli stated this is a modest request and of no detriment to the neighborhood. Mr. Andrews agreed. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Andrews seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 12 Woodbury Drive to build a second story dormer that is no more nonconforming with respect to setbacks, subject to the plans submitted. Mr. Basso seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. II. Other Business MOTION: Mr. Levasseur moved to approve the meeting minutes from January 25, 2018. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. Page 6 of 7 ,1 11. OTHER BUSINESS 1. Approval of January 25, 2018 Minutes MOTION: Mr. Levasseur moved to approve the Minutes from the January 25, 2018 meeting. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso) Motion carries. 2. Brief discussion of Building Commissioner's role The Board members discussed with the Building Commissioner the role of the building department issuing building permits. Adjournment MOTION: Mr. Levasseur moved to adjourn the meeting at 8:04 pm. Second by Mr. Andrews. All in favor. Motion carries. Page 7 of 7