ZBA Minutes 3 22 2018D
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City of Beverly
Zoning Board of Appeals
March 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 Victoria Burke - Caldwell, Vice Chairperson; David Battistelli; Pamela
Gougian, Jim Levasseur; Kevin Andrews, alt.; Stefano Basso, alt.
Others Present Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location 191 Cabot Street, 3rd. Floor, Council Chamber
Ms. Caldwell began the meeting at 7:00 pm. and introduced the Board members present.
I. NEW PUBLIC HEARINGS
A. 7 Porter Terrace LLC
In a petition for a Special Permit to allow construction of a dormer on an existing dwelling with
a side yard setback of 8.3' where 15' is required. The property is located at 7 Porter Terrace in the
R10 Zoning District.
Brigitte Fortin, Architect addressed the Board on behalf of the.applicant and stated the property
is a single nonconforming residence. It's a fairly small house and they are proposing to add a
shed dormer so the existing bedrooms can be moved upstairs resulting in more living space
downstairs. They are requesting 7' relief from the side yard setback and everything else is by
right. Ms. Fortin provided signatures from neighbors in favor of the project. The address most
affected is 5 Porter Terrace and they have signed the petition in favor. The ridge will remain the
same and the addition will be vinyl sided.
Mr. Andrews stated the request is more of a volume change than a footprint change.
Public Participation
Albert Cassola, 12 Porter Terrace Mr. Cassola asked for confirmation that the project is just for
a dormer and Mr. Fortin confirmed.
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Damon Nisula, 5 Porter Terrace Mr. Nisula stated a lot of people use Porter Terrace to walk
with their children and dogs and so parking is an issue. The previous tenants often parked on the
sidewalk causing pedestrians to go out in the street to get around the car. Mr. Andrews stated
that parking on the sidewalk is not allowed and he should notify the police.
Mr. Battistelli asked if this house was owner occupied and the applicant stated they just
purchased the property and are currently undecided if they will live in it.
Katie Perron, 32 Ashton Street Ms. Perron stated she lives behind the property and the house is
on a very large lot compared to other houses in that area. Ms. Perron asked why the applicant
wouldn't just add to the footprint. The addition will cause the house to be much larger.
Pamela Richardson, 34 Ashton Street Ms. Richardson stated if someone purchased the property
to live in she wouldn't want to deny that person of adding on to their house but if someone is
coming in to invest and turn a house around she isn't sure how she feels about supporting the
project.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes 5 -0 (Caldwell, Levasseur, Battistelli, Andrews, Basso)
Motion carries.
Mr. Levasseur stated this is a home improvement project and the second floor is probably pretty
tight. Mr. Andrews stated he doesn't see any privacy issues and stated the addition will improve
the house. Ms. Caldwell stated the footprint of the house will actually be reduced.
MOTION: Mr. Andrews moved to GRANT the Special Permit to allow the dormer
construction on existing dwelling with a side set back of 8.3' where 15' is required as it is
not detrimental to the existing properties, based on the plan submitted.
Mr. Levasseur seconded the Motion.
Votes 5 -0 ( Battistelli, Levasseur, Caldwell, Andrews, Basso)
Motion carries.
B. Barnat Development
In a petition for a request for a Special Permit to display temporary advertising signage on
residential building. The property is located at 110 -114 Rantoul Street in the CC Zoning District.
Sarah Barnat (Barnat Development LLC) addressed the Board and stated she is the Developer for
110 -114 Rantoul Street (Holmes Beverly) which is located in front of Beverly Depot Garage.
They anticipate construction to be completed by July 2018 and so they plan to advertise leasing
May l"with move in dates beginning August 1 Ms. Barnat is proposing two long, thin
temporary banners that have been approved by the Design Review Board. The upper story
banner is 18'x4' and the lower banner is 30'x3.5'. Ms. Barnat is requesting the banner signs
through the end of December 2018.
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Public Participation
Clarissa Smith, 116 Rantoul Street Ms. Smith indicated to Ms. Barnat on the illustration where
her unit is located in relation to where they are proposing to put the upper story sign. Ms. Smith
stated she would prefer to not have a sign facing her unit since there are three other signs doing a
perfectly good job of advertising the opening.
Jeffrey McGraw, 116 Rantoul Street Mr. McGraw stated when driving down Rantoul Street
you won't see the upper story sign due to the angles of the building next door. Mr. McGraw
stated he is in favor of having the signs on the front of the building.
Ms. Barnat stated, to be a good neighbor, she is happy to not put that upper story sign up.
Ms. Barnat stated she is seeking temporary sign banners to be up from May 1— December 31,
2018.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
Mr. Andrews asked if the signs are lit and Ms. Barnat stated they are not lit, they are just banners.
Ms. Gougian stated she really likes the signs.
MOTION: Mr. Levasseur moved to GRANT a Special Permit to display temporary
advertising signs beginning May 1, 2018 — December 31, 2018 based on the plans
approved by the Design Review Board, excluding the south facing 18'x4' sign on the
upper story. Mr. Battistelli seconded the Motion.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
C. Glovsky & Glovsky o/b /o Thomas and Judith Vasile
In apetition for a request for a Variance to adjust the common lot line between 38 and 40 Trask
Street to equalize the frontage resulting in a 2.6 foot encroachment on the side yard setback. The
property is located at 38 and 40 Trask Street in the R45 zoning district.
Michael Dissette, Esq. (Glovsky & Glovsky) stated in 2002 Mr. Vasile obtained the relief they
are requesting. In 2002 Mr. Vasile did not follow through with the Planning Board and record an
ANR Plan. The Exhibit Plan has been updated with the same land surveyor. The applicant is
seeking to put a new lot line in place which is represented by the dotted line in between the two
properties on the Exhibit Plan. They are seeking to remove the solid lot line. There is an
encroachment on the side yard setback at 40 Trask Street of 17.6' where 20' is required. The
setbacks are currently conforming to the existing divided lot line. This would create increased
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frontage for 38 Trask Street and decreased frontage for 40 Trask Street. The applicant does own
both properties and both parcels contain structures.
Mr. Battistelli asked what the motivation is and Atty. Dissette stated the applicant would like to
expand the driveway at 38 Trask Street to gain safer access. Ms. Caldwell asked if this would
eliminate a merged lot situation and Atty. Dissette confirmed.
Atty. Dissette stated he would like to correct Page 1 on the application where the frontage was
mistyped. It should read as 106.7' for 38 Trask Street 55.99' for 40 Trask Street.
No one spoke in favor or in opposition.
Ms. Caldwell stated based on the 2002 decision she doesn't have any issues with going along
with it. Mr. Andrews and Mr. Battistelli agreed.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Basso seconded the Motion.
Votes 5 -0 (Basso, Levasseur, Battistelli, Caldwell, Gougian)
Motion Carried.
Ms. Gougian asked where the driveway would go and Mr. Vasile stated it would remain where it
is.
Mr. Battistelli stated there is not enough land for both houses to be nonconforming and it doesn't
impact the neighborhood either way.
MOTION: Mr. Basso moved to GRANT the Variance to adjust the lot lines between 3 8
Trask Street and 40 Trask Street to equalize the frontage resulting in a 2.6' encroachment
based on the hardship previously stated in the 2002 Variance and based on the plans
submitted. Mr. Levasseur seconded the Motion.
Votes 5 -0 (Basso, Levasseur, Battistelli, Caldwell, Gougian)
Motion carries.
D. Joe's On a Roll, LLC
In a petition for a request for a Special Permit to allow a takeout/fast food window accessory to
proposed food manufacturing facility. The property is located 61 Federal Street in the IG zoning
district.
Nicki Bararelli addressed the Board and stated she is requesting a permanent Special Permit for
her take out window. There have been no traffic issues and no complaints. They were there for
four months and it went well.
No one spoke in favor or against.
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Ms. Caldwell stated she passes the shop daily and the place looks fantastic.
Mr. Andrews stated it was a good idea the initial Special Permit was temporary so they could see
that people could safely back out.
MOTION: Ms. Gougian moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes 5 -0 (Basso, Gougian, Caldwell, Levasseur, Battistelli)
Motion carries.
MOTION: Ms. Gougian moved to GRANT the Special Permit at 61 Federal Street year
around to operate a take -out window. Mr. Battistelli seconded the Motion.
Votes 5 -0 (Basso, Gougian, Caldwell, Levasseur, Battistelli)
Motion carries.
OTHER BUSINESS
Approval of February 22, 2018 Minutes
MOTION: Mr. Basso moved to approve the Minutes from February 22, 2018.
Ms. Caldwell seconded the Motion.
Votes 5 -0 (Basso, Gougian, Caldwell, Levasseur, Battistelli)
Motion carries.
Adiournment
MOTION: Ms. Caldwell moved to adjourn the meeting at 8:05 pm.
Mn Levasseur seconded the Motion.
Votes 5 -0 (Basso, Gougian, Caldwell, Levasseur, Battistelli)
Motion carries.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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