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ZBA Minutes 4 26 2018e City of Beverly Zoning Board of Appeals April 26, 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; Pamela Gougian, Kevin Andrews, alt.; Members Absent Victoria Burke - Caldwell, Jim Levasseur, Margaret O'Brien, alt., Stefano Basso, alt. Others Present Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location 191 Cabot Street, 3rd. Floor, Council Chamber Mr. Margolis began the meeting at 7:00 pm. and introduced the Board members present. Mr. Margolis explained to applicants that there were only four voting members present and if anyone wished to continue to the May 24, 2018 meeting they would need to sign a Waiver and Agreement. I. NEW PUBLIC HEARINGS A. Alexander & Femino o/b /o Carmen and Carol Marciano In a petition for a request for a Finding to allow an addition to the existing garage that is 4' from the side lot line where the legally pre- existing garage is 1.5' from the side lot line. The garage addition will be 18'x6" wide and 23.6' long and will be built on the existing greenhouse foundation. The property is located at 18 Trask Street in the R45 zoning district. Thomas Alexander, Esq. (Alexander & Femino) stated the property is in a family trust owned by Carmen and Carol Marciano as well as David and Nancy Marciano. The Marciano's purchased the property in 2007. Carmen and Carol no longer live at the property but over time they have been gifting their interest to David and Nancy. The property is on a 31,504 square foot lot. Last December a contractor, who doesn't work locally, began working on the project on the existing greenhouse foundation. Once he went to obtain a building permit and learned he would need a Finding fiom the ZBAto continue, construction stopped. Page 1 of 7 Pt The applicants are seeking a Finding that the proposed addition will not be more detrimental than the existing nonconforming garage. The addition will not be as close to the setback as the existing garage, it is 4' from the side yard setback and on an existing foundation. No one from the public spoke in favor or in opposition. Mr. Andrews asked how the abutter feels about the work being done and Mr. Marciano stated he spoke with her today and she is fine with it. Mr. Marciano did not have documentation of the abutter's approval. Mr. Battistelli asked what the size of the garage is and Mr. Marciano stated the addition is 23' wide by 18'. Mr. Andrews asked what the history is with the driveway crossing the neighbor's property and Atty. Alexander explained the recorded easement. Mr. Battistelli asked why the applicant needs such a big garage and Mr. Marciano stated he is a commercial fisherman and has a lot of equipment to store. Mr. Marciano stated he has been storing equipment within that existing foundation and feels as though it would look neater with everything enclosed. Mr. Battistelli stated he feels part of his job on the ZBA is to protect neighbors who may be too timid to speak up. Ms. Gougian agreed and stated the existing foundation is very close the property line. Ms. Gougian asked if there are plans to heat the garage and Mr. Marciano stated he just plans to put electricity in the garage. Mr. Andrews stated he doesn't have a problem with the request, it is in a rural setting. MOTION: Mn Andrews moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries MOTION: Mr. Andrews moved to Find the construction at 18 Trask Street to not be more detrimental than what currently exists, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries. Page 2 of 7 1 R B. United Sign Company, Inc. o/b /o LexaGene In a petition for a request for a Special Permit to install one 30 "x237.5 "x 48" sign above the fifth floor windows of Building 500 on the east facade near the northeast corner. The property is located at 181 Elliot Street in the IG zoning district. MOTION: Mr. Battistelli moved to accept the request to continue the application to the May 24, 2018 meeting, subject to signing the Waiver and Agreement. Mr. Andrews seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries. C. United Sign Company, Inc. o/b /o Goddard Technologies In a petition for a request for a Special Permit to install one 17'x120" sign above the third floor windows of Building 100 on the west facade near the 135Q entrance. The property is located at 181 Elliot Street in the IG zoning district. Edwin Juralewicz (United Sign) addressed the Board on behalf of Mr. Drohosky and Mr. Goddard. Mr. Juralewicz stated Goddard Technologies provides product and design services and is currently operating 11,000 sq. feet of Building 100 at the Cummings Center. Goddard Technologies currently has a sign on the building at the first floor level. The sign is located near the loading dock and it causes confusion for their clients. Clients see the sign and enter the area for the loading dock. They are requesting to move the sign up to the third level directly above the 135Q entrance. They feel the relocation of this sign will be in harmony with the sign ordinance, the location is appropriate and will not adversely affect the neighborhood and traffic will not be created. The sign does not create any nuisance or hazard, it is LED illuminated and draws minimal power. No one from the public spoke in favor or against. Mr. Andrews asked for confirmation that the sign will be facing the parking lot within the complex and Mr. Juralewicz confirmed. The Design Review Board submitted a letter in favor. MOTION: Mr. Andrews moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries MOTION: Mr. Andrews moved to approve the Special Permit to move the sign to the third floor window level, subject to the plans submitted and as approved by the Design Review Board. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries. Page 3 of 7 I ca'�1 D. Danielle Petrucci In a petition for a Variance to construct a 10'x16' addition with a right side yard of 12.4', where 15' is required and a Finding to add on to an existing nonconforming dwelling. The property is located at 205 Lothrop Street in the R10 zoning district. Michael Savoie (Savoie Nolan) addressed the Board on behalf of the applicants and stated they are looking to construct a small sunroom by enclosing an existing deck on the right side of the house 12.4' from the side property line where 15' is required. The shape of the lot and the diagonal lot line creates a hardship. If the house was squared up they would be able to create this room by right. The applicant has taken into account the surroundings of the neighborhood and Mr. Savoie shared photos with the Board. The design maintains the line of visibility along Smithson Street with similar shrubs to what currently exists that do not impede views coming around that corner. Mr. Battistelli asked if they spoke with neighbors and Mr. Savoie presented a signed petition. Mr. Battistelli asked for confirmation of the neighbor's locations. Mr. Andrews asked what their current living space square footage is and Mr. Petrucci stated 1,789 sq. feet. The sunroom will add an additional 160 square feet. Mr. Battistelli stated the neighbors are in favor and the design will not be impeding visibility. This is a modest addition. MOTION: Mr. Battistelli moved to close the pubic hearing. Mr. Andrews seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries MOTION: Ms. Gougian moved to approve the Variance at 205 Lothrop Street to construct a 10'x16' addition with a right side yard of 12.4' where 15' is required due to the hardship of the shape of the lot and the diagonal lot line, subject to the plans submitted. Mr. Andrews seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries MOTION: Ms. Gougian moved to Find that the addition to the existing nonconforming dwelling will not be detrimental to the neighborhood as it is appropriate for the neighborhood and will not cause any traffic or nuisance. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries Page 4 of 7 E. Glovsky & Glovsky o/b /o Sohier Road Self Storage, LLC In a petition for a request for a Special Permit to authorize a self storage facility in an IR zoning district under Section 300- 42C(1)(i) and a Variance to allow 45% lot coverage by buildings where 40% is the maximum allowed under Section 300 - 421)(1) and a Finding under General Laws Chapter 40 A, Section 6 to authorize the continued nonconforming parking setbacks (9.7ft/11.9ft/12.8ft) where a minimum of 15' is required, and continued lot coverage by impervious areas of approximately 82% where 60% is the maximum allowed. The property is located at 130 Sohier Road in the IR zoning district. Miranda Gooding, Esq. (Glovsky & Glovsky) addressed the Board and requested a continuance to the May 24` meeting. MOTION: Mr. Andrews moved to accept the request to continue the application to the May 24, 2018 meeting, subject to signing the Waiver and Agreement. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries. F. Alexander & Femino o/b /o Paxos LLC In a petition for a request for a Variance to allow a third unit to the existing two family dwelling to be located on the third floor. Currently the unit that occupies the second and third floor has 4 bedrooms. Allowing a new third floor unit would result in the same number of bedrooms on the second and third floor since each unit will have 2 bedrooms, for a total of the same number of bedrooms (4) on the second and third floor. The property is located at 22 Bartlett Street in the RMD zoning district. Thomas Alexander, Esq. (Alexander & Femino) addressed the Board and requested a continuance to the May 24, 2018 meeting. MOTION: Mr. Battistelli moved to accept the request to continue the application to the May 24, 2018 meeting, subject to signing the Waiver and Agreement. Mr. Andrews seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries. II. REOUEST FOR EXTENSION A. Glovsky & Glovsky on behalf of Vitality Senior Living, LLC Original request: In a petition for a request for a Special Permit and a Variance to authorize a subsidized elderly housing facility in the IR district, in accordance with Section 300- 42.C(1)(a) of the Zoning Ordinance, where the affordable unit requirement will be satisfied by payment of a fee in lieu of on -site units. The assisted living facility will include 118 residential suites, together with associated common dining, learning and recreational facilities and a parking garage. Page 5 of 7 The property is located at 50 Dunham Road in the IR zoning district. *Applicant received six month extension of Variance through June 8, 2018. *Applicant requesting additional six month extension of Variance through December 8, 2018. Miranda Gooding, Esq. (Glovsky & Glovsky) addressed the Board and stated the applicants are requesting to extend the Variance for an additional six months through December 8, 2018. The applicant's business plan has taken a hit due to the 2017 hurricanes in Texas but they do plan to move forward and have purchased the land from Cummings. The Special Permit that was granted has another year left on it. MOTION: Mr. Andrews moved to grant the request to extend the Variance through December 8, 2018. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries. III. REOUEST FOR MODIFICATION A. Glovsky & Glovsky on behalf of Beverly Airport Self Storage, LLC Original request: March 2017 In a petition for a request for a Special Permit to allow the premises situated at 105 Sam Fonzo Drive to be developed for mini- warehouse storage use in the IR Zoning District, under Section 300- 42(C)(i) of the Beverly Zoning Ordinance, together with such other relief that may be required to authorize the construction of the proposed project. The property is located at 105 Sam Fonzo Drive in the IR zoning district. *Applicant received a Minor Modification 10.5.2017 * Applicant requesting a Minor Modification Tom Ford addressed the Board and requested a Minor Modification due to changes in the fagade. The windows were moved to be able to have daylight on the 2„d and 3 floors for customers to be able to orient themselves to the ground. A small overhang has also been added to the front of the building so customers can unload and stay out of the rain. Ms. Gougian asked for clarification on the window change and Mr. Ford illustrated on the drawing. Mr. Ford stated there are no changes to the Site Plan. Atty. Gooding stated the Board is permitted to approve minor modifications and this request doesn't change the footprint or the site plan. The applicant is requesting the Board to determine this request as minor and then vote to approve it. MOTION: Mr. Battistelli moved to close the public hearing. Ms. Gougian seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries Page 6 of 7 C A MOTION: Mr. Battistelli moved to Find that the request for the modification is indeed a Minor Modification. Mr. Andrews seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries MOTION: Mr. Battistelli moved to approve the Minor Modification, subject to the revised plans submitted. Mr. Andrews seconded the Motion. Votes 4 -0 (Margolis, Battistelli, Gougian, Andrews) Motion carries MOTION: Mr. Andrews moved to adjourn the meeting at 8:15pm. Ms. Gougian seconded the Motion. All in favor. Motion carries. OTHER BUSINESS 1. Approval of March 22, 2018 Minutes Approval of Minutes will be held to the May 24, 2018 meeting. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 7 of 7