ZBA Minutes 6 28 2018City of Beverly
Zoning Board of Appeals
June 28, 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, Victoria Burke - Caldwell, Pamela Gougian,
David Battistelli, Jim Levasseur, Stefano Basso, alt.
Members Absent
Margaret O'Brien, alt., Kevin Andrews, alt.
Others Present 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.
I. NEW PUBLIC HEARINGS
A. Donald Delorev
In a petition for a request for a Finding or in lieu of a Finding, a Variance to add a second floor
above an existing attached garage with a left side setback of 1.7' where 10' is required. The
property is located at 17 Bow Street in the RED zoning district.
Donald Delorey addressed the Board and stated the space is already being used as living quarters
but he would like to formalize it and add a second floor and stairwell and continue to use it as a
two family. The existing garage will be connected to the house and be used as part of Unit 2.
The addition would be going straight up. Mr. Delorey clarified the location of the existing deck
and stated it complies with setbacks.
Ms. Caldwell asked how large each unit will be and Mr. Delorey stated the second floor unit will
be about 1,800 square feet and the first floor unit will be between 1,100 -1,200 sq. feet. There will
be six onsite parking spaces.
No one spoke in favor or against.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries.
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MOTION: Ms. Caldwell moved to GRANT a Finding that the proposed plan to
renovate and go up one story on an existing garage is not more substantially detrimental
to the neighborhood than the existing structure pursuant to Chapter 40 § 6 and subject to
the plans submitted. Ms. Gougian seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries.
B. Melissa Rocheville -Shea
In a petition for a request for Variance to allow a 15' above ground swimming pool with deck in
the front yard. The property is located at 672 Cabot Street in the R -10 zoning district.
Melissa Rocheville -Shea addressed the Board and stated she has a pork chop lot where the side
yard is actually the front of the house. Ms. Rocheville -Shea is requesting to extend the existing
deck and put a pool in the front yard of her property 8' off the property line. The property is set
back from Cabot Street and has a house in front of it. The hardship is there is no other spot on
the lot to put the pool or the deck. What is actually the side yard is a graveled driveway and
what would be behind the house are wetlands. The pool is not visible from the street. The
neighbors are in favor of this request.
Ms. Rocheville -Shea submitted a letter from an abutter in favor of the request. Ms. Caldwell read
the letter.
Wayne Smith, 678 Cabot Street Mr. Smith stated it is a pork chop lot without a front yard and
he is the only neighbor who can see the yard and her pool and he is ok with it.
Thomas Walsh, 672 Cabot Street Mr. Walsh stated his house is directly in front of Melissa and
you can't see her house when you drive by.
Susan Marshall, 676 Cabot Street Ms. Marshall asked how high the deck will be and Ms.
Rocheville -Shea reviewed the drawing. Ms. Marshall stated she is in favor of the pool and the
deck.
Ms. Gougian asked how high the deck is and Ms. Rocheville -Shea explained it goes around the
pool so it will be less than four feet high, the pool is sunk down. The fence around the yard is 6'
MOTION: Ms. Caldwell moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
MOTION: Ms. Caldwell moved to GRANT the Variance based on the size and shape of
the pork chop lot to allow the construction of a pool and a deck in the front yard, based
upon the plans submitted. Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
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C. Cathleen Warren and Daniel Linke
In a petition for a request for Variance to construct a side 2 -story addition with a rear setback of
15' where 25' is required and a front setback of 13' where 20 is required. Addition will be closer
to the property line than the existing house. The property is located at 11 Boyden Avenue in the
R -10 zoning district.
Cathleen Warren addressed the Board and stated they have a Dutch colonial with a bump out
sunroom and they would like to bring the second floor out over the sunroom and the bump out
and they are requesting a Variance from the setbacks. Ms. Warren stated their family has grown
since they bought the house in 2007 and it is really tight for four people and a dog. They have
one upstairs bathroom and so if they can get the 400 sq. foot addition it would allow them to
have a one and a half bathroom and another substantially sized bedroom to give each kid their
own room and allow them to stay in their neighborhood. Ms. Warren stated there is no where
else to put the addition, behind the house is their driveway, they can't go out the front and the
only direction they can go is to the right. The addition keeps with the style of the neighborhood.
No one spoke in favor or against.
Mr. Stefano stated it is a good - looking addition and Ms. Caldwell agreed that the plans look very
nice.
MOTION: Mr. Basso moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso)
Motion carries.
MOTION: Ms. Caldwell moved to GRANT the Variance at 11 Boyden Avenue due to
the hardship of the size and shape of the lot and the position of the existing structure,
subject to the plans submitted. Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso)
Motion carries.
D. Justin and Cortney Negrotti o/b /o Channel Marker Brewing LLC
In a petition for a request for Variance to the Zoning Ordinance definition of a "tasting room" as
consisting of no more than 33% of total square footage where 672 sq. ft will be designated as a
tasting room out of 1042 sq. ft. The property is located at 95 Rantoul Street, Unit 102 in the CC
zoning district.
Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board and stated three managers and
the applicant are present as well as the architect. The applicants are seeking a Variance from the
definition of a "Tasting Room" specifically from its limitation of 33% of the total operation. The
brewery will be located at the Porter Mill. It is the former location of a wine bar where the
tasting room floor area was larger than what is being requested. The total space is 1,042 sq. feet
and if they stay within the restriction they will be limited to about 12 seats. This is a historic
building and has an irregularly shaped space that includes an interior window. Within this space
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are also several structural columns they need to work around. They applicants are requesting to
expand the tasting room size restriction to 64% (672 sq. ft with 44 seats) of the space. Interior
wall space will be offered to local artists to display their art. They have received their Federal
Brewer's license and are in the process of obtaining their Massachusetts State Brewer's license.
They will then apply for a pouring license from the City.
Atty. Dissette submitted to the Board a petition of 21 signatures and 5 letters in support of this
application.
The Business Plan is to operate 3 days a week, Friday 4 -1Opm, Saturday 12 -1Opm, Sunday 12-
6pm. Deliveries are expected about once a week by a medium sized box truck and there is
parking on street and in a nearby lot.
Brian Stein, Architect (Siemasko & Verbridge) reviewed the plans.
Ted Richard, Trustee of the Creative Space Condo addressed the Board and stated the
Association believes this brewery will be a fun and welcomed addition to the building,
neighborhood and City. The brewers are highly recommended by Chives Catering. The
Association was contacted by several potential tenants (nail salons, consignment shops and tattoo
parlors) but chose this tenant because they felt they would become a great addition.
Leo Murphy, 27 Fayette Street, Unit 303 Mr. Murphy stated he is not for or against the
application. Mr. Murphy stated he is a resident in the building and he is speaking for himself,
not the HOA. Parking is an absolute disaster in that area, whatever decision made tonight will
affect their quality of life with respect to parking. The area is congested and you can't get into or
out of the area. It is a constant battle to find a parking space so he can go to bed at night. Mr.
Murphy stated things need to be clarified as far as parking. Mr. Murphy stated there are no
restrictions preventing people from entering other parts of the building.
Mr. Margolis stated unfortunately it's just that area, no matter what business goes in there,
parking may be an issue.
Tim Corcoran (Channel Marker Brewery) addressed the Board and apologized to Mr. Murphy
for feeling as though he wasn't included. They held a community meeting last week where the
plans were presented and he apologizes if Mr. Murphy didn't receive that notice.
Ms. Gougian asked what is the maximum occupancy allowed and Atty. Dissette stated they will
have to abide by the fire code. Atty. Dissette stated they also need to abide by the rules of the
condo association.
Mr. Battistelli stated they need to put restrictions on public access to /from the tap room.
Ms. Gougian asked about drainage and ventilation due to brew space odor.
Jacob Crandall (Channel Marker Brewery) stated they plan to have a 15' trench drain in the
middle of the brewing operation area and the floor will be sloped down so that all drippings will
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be into this drain and out of the building. There will be an intake /outtake exhaust and they plan to
use electric equipment so there are no gas fumes or gas lines.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
Mr. Battistelli stated they can't be held to the 33% restriction, they wouldn't have a viable
business.
Ms. Gougian asked if they will serve food and they stated no, people can be bring in their own.
MOTION: Ms. Caldwell moved to GRANT the Variance from the definition in Section
300 -5 tasting room and allow Channel Marker Brewery to open a brewery tap room and
designate a tasting area greater than 33% due to the hardship of the size and shape of the
historical unit, based on the plans submitted with a condition that the tap room maintain
open to the public hours: Friday 4 -1Opm, Saturday 12 -1 Opm and Sunday 12 -6pm
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
E. Alexander & Femino o/b /o Carmen and Carol Marciano
In a petition for a request for a Special Permit/Finding to allow a single story 12.2'x 24'
addition for a new kitchen and dining room on the back of the existing house that will occupy
more than 25% of the existing footprint of the house which is nonconforming as to the front yard
setback. The property is located at 18 Trask Street in the R45 zoning district.
Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he is representing
the owners who hold this property in a family trust. Mr. and Mrs. Marciano own a portion of the
property and a portion is owned by David and Nancy Marciano. The parties are seeking to put a
one story rear addition. The front of the house is only 14' from the street, current zoning requires
30' from the street. The proposed rear addition would be 103' from the rear lot line that is shared
with Cherry Hill Industrial Park. The property is 89' from one side lot line and 29.5' from the
other side lot line, where 20' is required. It conforms with zoning setbacks, the addition is in
harmony with the zoning ordinance, it allows for reasonable expansion of this property, it does
not adversely affect the neighborhood, it's an appropriate location for this use, it's a residential
use in a residential zone, there are adequate City facilities and it will not create any nuisances.
It's not any more nonconforming than the existing house. There are 8 neighbors who have
signed a petition in favor of the addition.
No one spoke in favor or against.
MOTION: Ms. Gougian moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
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MOTION: Mr. Levasseur moved to Grant a Special Permit at 18 Trask Street to build a
rear single story addition, it does not encroach into any of the rear or side set backs and it
is not detrimental to the neighborhood, subject to the plans submitted.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
F. Alexander & Femino o/b /o Benco LLC
In a petition for a request for Variance to allow the property with the existing residential
building on it at 30 Webster Avenue to have a lot area of 32,022 sq. ft. where 45,000 sq. ft. is
required. The lot is also partially located in the R -15 zoning district which requires only 15,000
sq. ft. of area. The property is located at 30 and 40 Webster Avenue in the R45 and R15 zoning
districts.
Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he is here on behalf
of Ben Carlson who is the Principal of Benco LLC who is seeking a Variance to allow two
existing houses on two separates lots, they are presently on one lot. The property predates
zoning. 40 Webster Ave complies in every way with zoning requirements, other than the front
set back, it has 45,000'. 30 Webster Ave complies with the all the setbacks except for the area
size which requires 45,000 sq. ft. The lot is bisected in the R15 zone which requires 15,000 sq.
ft. They were able to configure that lot to have 32,022 sq. ft. Beverly ordinance allows you to
push the zoning line 50 feet in your favor which still doesn't get them where they need to be, but
it is closer.
Atty. Alexander distributed to the Board a petition of signatures in favor.
No one spoke in favor or against.
Mr. Battistelli asked for further information on how this will benefit open space and Atty.
Alexander stated they will donate 6 acres (OSRD) to the Essex County Greenbelt.
Ms. Gougian asked if the houses will remain as a single family and a six family and Atty.
Alexander confirmed. Mr. Battistelli asked what his plans are for the six family and Mr. Carlson
stated it will remain as a rental.
Ms. Gougian asked what is triggering this Variance request and Atty. Alexander stated in order to
donate the acreage they needed to move the lot lines. The Planning Board suggested that they
either get a variance or tear one of the houses down.
There will be 9 duplex style house built with each lot being about 20,000' or less.
Mr. Battistelli stated it is in a neighborhood with lots much smaller than this but it's unfortunate
the six family house will be on the smaller lot.
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MOTION: Ms. Gougian moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
MOTION: Ms. Gougian moved to GRANT the Variance at 30 and 40 Webster Street to
allow the division of a parcel of land on which there are two existing residences into two
lots, one is at 40 Webster Street which will have the required 45,000' sq. ft area and the
other is at 30 Webster Street and will have the required frontage but an area of 32,022 sq.
feet where 45,000' sq. ft. is required, the hardship is based on the shape and the size of
the lot and the need to redraw the lot line based on the lines of the remaining property,
subject to the plans submitted. Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
G Alexander & Femino o /b /o Derek Hurley
In a petition for a request for Variance to allow the subdivision of the 11,000 sq. ft. lot having an
existing house fronting on Porter Terrace into 2 lots, one with the existing Porter Terrace frontage
and the other with Kernwood Avenue Frontage. Each lot would have 5,500 sq. ft. of area where
10,000 sq. ft is required, 50' of frontage where 100' is required, and a new home having a 10'
setback on one side where 15' is required. The property is located at 26 Porter Terrace in the
R10 zoning district.
Mr. Margolis recused himself, turned the meeting over to Ms. Caldwell and left the room.
The voting members: Caldwell, Gougian, Battistelli, Levasseur, Basso
Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated this is an 11,000
square foot lot that they are looking to divide into two 5,500 sq. foot lots each with 50' of
frontage. This lot is part of a subdivision created in 1912 and all 80 lots in the subdivision have
less area and less frontage than what they are seeking. The request is keeping with the
neighborhood as it is currently configured. This lot is very long and narrow and the existing
house is right at the edge of Porter Terrace and goes 200' to Kernwood Avenue. The City's
assessor's map shows an address on both 26 Porter Terrace and also as 75 Kernwood Avenue.
The owner of the property actually refers to this property as two lots. They have a unique
situation where they have frontage on two public ways. The request is in harmony with the
purpose of the Chapter and it won't be injurious to neighbors. Atty. Alexander provided a
petition with 18 signatures in support of this request.
Frank Savlon, 24 Porter Terrace Mr. Savlon stated he has lived next door to the Hurleys for 39
years and has always wondered why that lot is the way it is and he feels their plan will be an
excellent use of that lot.
Jeremy Puz, 76 Kernwood Avenue Mr. Puz stated he lives diagonal from that lot and has also
wondered why there isn't a house there, it looks unnatural and he thinks a house would be a good
addition to the street.
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Robert and Melinda Lyons (73 Kernwood Avenue) submitted a letter in opposition. Atty.
Alexander stated they are not aware of the drainage issues mentioned in the letter. There is an old
French drain that will be relocated.
Mr. Battistelli asked if the set backs would be met and Atty. Alexander clarified and stated they
are requesting a 10' side setback (northeasterly side) where 15' is required. Mr. Anderson who is
at 77 Kernwood would be the abutter on that side.
The Board members discussed the hardship required for a Variance. Mr. Basso stated he doesn't
have an issue with dividing the lot, his issue is more relating to the jump in height that the new
house would be. Ms. Caldwell stated, given the neighborhood, she doesn't have an issue with
the increase in density but as Mr. Basso stated the house design doesn't fit.
Atty. Alexander asked if the Board would be amenable to a redesign. Atty. Alexander requested
a continuance. Ms. Gougian stated even if they redesign the plans she still has a problem with
the hardship being the shape of the lot when they could tear the house down and build a new
house in the middle of the lot.
Mr. Levasseur stated if they grant a Variance to divide the lot, both lots will fit in with the
context of the neighborhood. Ms. Caldwell would like the impact on the opposing neighbor
minimized if possible. Atty. Alexander agreed.
MOTION: Mr. Battistelli moved to accept the continuance to the August 23, 2018
meeting, subject to signing the Waiver and Agreement. Mr. Basso seconded the Motion.
Votes in Favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Basso)
Motion carries
H. Alexander & Femino o /b /o J. Nicolas and Julia D'Onofrio
In a petition for a request for a Special Permit/Finding to allow the expansion of the existing
third floor, presently having two bedrooms so as to add a bathroom and enlarge the bedrooms,
and to add a cupola for a children's playroom. The property is located at 4 Silver Court, Unit 2
in the R6 zoning district.
Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated it is a pre- existing
nonconforming building. There is a first -floor unit and the applicant occupies the second and
third floor unit. They have 3 young children and the house is a little small. There are two small
bedrooms on the third floor and they are looking to expand and add a bathroom and a cupola as a
playroom for the children. The footprint of the house will remain the same, the height will
increase but would still be within the 35'. Atty. Alexander distributed a petition from neighbors
in support of the request including the first floor unit owner. The Jubilee Yacht Club storage
yard is directly behind the house and they did not seek their signature. The request is in harmony
with the general intent of the zoning ordinance, it will not adversely affect the neighborhood, the
footprint will remain the same, it will not result in a nuisance or hazard. The total height will be
34'. There is a large elevation change behind the house.
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No one spoke in favor or against.
Ms. Caldwell stated the plans look very nice.
Mr. Battistelli asked what the square footage of the cupola will be and Atty. Alexander stated it
will be 12'x 16'.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Battistelli seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
MOTION: Ms. Caldwell moved to make a Finding for 4 Silver Court that the expansion
of the third floor and cupola addition is not substantially more detrimental to the
neighborhood than the existing structure, subject to the plans submitted.
Mr. Levasseur seconded the Motion.
Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur)
Motion carries
II. OTHER BUSINESS
1. Approval of May 24, 2018 Minutes (O'Brien)
To be on the Agenda for approval for July 2018
2. Adiournment
MOTION: Ms. Caldwell moved to adjourn the meeting at 9:35 pm.
Second by Mr. Battistelli.
All in favor.
Motion carried.
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