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ZBA Minutes 10 25 18City of Beverly Zoning Board of Appeals October 25, 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, Victoria Burke- Caldwell, Jim Levasseur, Margaret O'Brien, alt., Kevin Andrews, alt., Member Absent 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. I. NEW PUBLIC HEARINGS A. Christopher Ganey In a petition for a request for a Finding to add two a -frame dormers to the front and a full length shed dormer to the rear of the existing home. The property is located at 6 Ellsworth Avenue in the R10 zoning district. Christopher Ganey addressed the Board and stated he is looking to build two A -frame dormers at the front of his home and a full length shed dormer at the rear of the existing house. Public Peter Knowlton 74 Conant Street Mr. Knowlton stated he has lived there since 1947 and stated he is in favor of the request. Mr. Andrews stated the request will not significantly change the existing house and the footprint will remain the same. Ms. Caldwell stated the request does not expanding the nonconformity. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 1 of 10 MOTION: Ms. Caldwell moved to GRANT a FINDING at 6 Ellsworth Avenue that the proposed addition of two 6'A-frame dormers to the front of the existing structure and a rear shed dormer are not more detrimental to the neighborhood than the existing structure, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Manny Janard In a petition for a request for a Special Permit to add a second floor over existing rear story portion of building and dormers and third floor over front 2 -story portion of building. There will be no increase in the existing building footprint of nonconforming building. The property is located at 27 Wellman Street in the R6 zoning district. Manny Janard addressed the Board with his contractor and stated he is looking to expand a nonconfonning structure within the same footprint by adding a second floor over the existing rear story portion of the building and also add dormers to create third floor space over the front second story of building. The dormer to the third floor will create additional living space in the attic to create an apartment. This is a family home, his mother and grandmother live in the house. Mr. Janard is looking to move them downstairs and he will live upstairs. The proposed plans will be under the allowed 35' height. Mr. Janard is requesting a Special Permit to expand the nonconformity. No one spoke in favor or against. Ms. Gougian asked if it will still be a two family or a three family and Mr. Janard stated it will remain a two family. John Moody, 22 School Street Mr. Moody stated he is located behind this house and he is in favor of the proposed project. Mr. Battistelli stated he is concerned about the neighbors on the right side of the house because their windows are going to be looking at this addition and he is uncomfortable with these plans without hearing from that neighbor. Mr. Andrews asked for confinnation that all abutters were noticed. Mr. Janard stated there will be two means of egress for both units. The square footage will be 1,500 -1,600 and there will be attic storage space available, accessible by hatch. MOTION: Mr. Andrews moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, O'Brien, Andrews) Motion carries. Page 2 of 10 MOTION: Mr. Andrews moved to GRANT a Special Permit to add a second floor over the existing rear story portion of the nonconforming building and also add dormers to create third floor space over the front of second story of the building, it is not more substantially detrimental to the neighborhood, subject to plans submitted. Ms. Gougian seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, O'Brien, Andrews) Motion carries. C. Fast Signs o /b /o Fine Furniture In a petition for a request for a Special Permit to install a 15' 123 "x4" illuminated sign larger than permitted by ordinance. The property is located at 43 Enon Street in the CG zoning district. Nik Shah (Fast Signs) addressed the Board and stated the tenant is requesting a Special Permit to add an additional sign to the left of existing sign. Fine Furniture has two spaces side by side and the second space has an empty sign fagade. The Design Review Board has approved the design. The sign is larger than what is permitted by right for a second sign. The second sign will be identical to existing sign. No one spoke in favor or against. MOTION: Mr. Battistelli moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries MOTION: Mr. Levasseur moved to GRANT a Special Permit at 43 Enon Street to install a second sign larger than permitted by right on the second sign fagade, subject to the plans submitted and as approved by the Design Review Board. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries D. Kent and Patricia Harrop In a petition for a request for a Finding construct a rear addition with a left side setback of 6.5' where 15' is required. Addition will be no closer to side lot line than existing house. The property is located at 187 Lothrop Street in the R10 zoning district. Patricia Harrop addressed the Board and stated they would like to add an addition to the back of their house to create a master bedroom and a bedroom downstairs. They have met with neighbors and everyone is in favor, but Ms. Harrop did not bring anything in writing. Ms. Harrop stated they would like to stay in this house, they love their neighbors and they love living in Beverly. This addition will allow them to do so. No one spoke in favor or against. Mr. Battistelli stated he doesn't understand why they wouldn't have obtained signatures from Page 3 of 10 their neighbors. Ms. Caldwell stated that it is suggested but not required. The abutters are notified and the request is also advertised. Ms. Gougian stated they have considerable ledge in the rear of their house and will they have to do any blasting. Ms. Harrop stated they will not have to do any blasting, they are able to manage around the large boulders. Ms. Caldwell stated she likes that in this application the percentage of the increase has been included. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, O'Brien, Levasseur) Motion carries. Mr. Andrews stated the windows in the new design look nice. MOTION: Ms. O'Brien moved to GRANT the Finding at 187 Lothrop Street to construct a rear addition with a left side set back of 6.5', where 15' is required, the addition will be no closer to the rear lot line and is not more detrimental to the neighborhood, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, O'Brien, Levasseur) Motion carries. E. Viewpoint Sign & Awning o /b /o LitterFuse In a petition for a request for a Special Permit to install new, non - illuminated wall sign to the front fagade of the building located at 78 Cherry Hill Drive. The sign exceeds the maximum allowed area for a wall sign, and also would be installed higher up on the fagade than what is allowed per the zoning ordinance. The property is located at 78 Cherry Hill Drive in the IR zoning district. Margaret Vosburgh, (Viewpoint Sign & Awning) stated they are requesting a Special Permit to exceed the size of the sign and change the location and put it closer to the top of the building. Mr. Margolis stated it was approved by the Design Review Board. Ms. Caldwell asked for confirmation that this is a non - illuminated sign, and Ms. Vosburgh confirmed. Mr. Andrews stated it looks appropriate for the size of the building. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Battistelli) Motion carries. Page 4 of 10 MOTION: Ms. Caldwell moved to GRANT the Special Permit for a new non - illuininated wall sign mounted at the top corner of the southwest elevation of the building higher and larger than allowed, per the plans submitted and as approved by the Design Review Board. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Battistelli) Motion carries. Alexander & Femino o /b /o Vincent Orlando In a petition for a request for a Variance to expand the existing nonconforming garage by 3' and a variance to allow the addition of three townhouse residential units to the existing two units on site. All units will have the required two parking spaces per unit. The property is located at 34 Beckford Street in the RMD zoning district. Thomas Alexander, Esq. (Alexander & Femino) addressed the Board on behalf of Vincent Orlando. Atty. Alexander distributed to the Board a Site Plan with circled locus area and noted that immediately to the left of the property there is a lot of open space where the addition is going to go. This property is located in the RMD (Residential Medium Density) zone. Almost all properties in this area are denser than the current zone provides for. In 2007, this area was extremely dilapidated. The YMCA Northshore and the Northshore CDC bought a bunch of derelict properties and put together a proposal to create 48 affordable housing units in the area. The City of Beverly greatly supported this affordable housing project. Building in this area is difficult since the cost of construction is the same as in the Farms or the Cove but the return is much less. They are seeking to create three units instead of the two units they were approved for. When they received bids on the project, the numbers didn't work- out. Previously when they came before this Board, the Board was greatly concerned about parking. The Architect has redesigned the property in a way that each unit will have two parking spaces and there is much more landscaping. This project would be a terrific improvement in the area and it would provide more housing. The lot is irregularly shaped making it difficult to develop, the existing building needs a lot of work to bring it up to code and make it useable housing by today's' standards. Atty. Alexander stated the Board was previously concerned about density in that area. The proposal would be 5 units on just over 9,000 sq. ft. This is 1/3 less dense than the immediate abutting property. This project has overwhelming support from abutters. Atty. Alexander provided a petition with signatures and letters from abutters in favor. Atty. Alexander read a letter from Christopher Lovasco (CEO of the YMCA) into the record. Atty. Alexander stated this project will provide additional housing and improvement that is needed in this neighborhood. David Jaquith, Architect provided the Landscape Plan to the Board members and provided an overview of the proposed plan. Mr. Margolis stated if he recalls, they had issues with snow storage too. Atty. Alexander stated Page 5 of 10 they would accept a condition regarding snow storage. Mr. Jaquith stated there will be five covered parking spaces and 5 spaces on the property. Ms. Gougian asked for confirmation that if all the parking spaces are occupied other cars will be able to maneuver and get out. No one spoke in favor or against. Ms. Gougian stated she still has the same issue with trash that she had before. There looks like there is only a tiny area to store trash. Atty. Alexander stated they can accept a condition that trash pick -up will be handled by a private trash company. Ms. Caldwell stated there needs to be a washer /dryer hook up in each unit, no storage of plowed snow on site and private trash/recycle pick -up needs to be conditioned. Mr. Margolis stated last time he was against the 3 additional units due to the lack of parking but given that parking issue has been alleviated it makes him more comfortable with the third unit. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Battistelli stated he isn't against this request, but he isn't convinced there won't be parking issues. Ms. Gougian stated there is a similar situation near where she lives, and it seems quite involved to always have a plow truck available and maneuver cars out of the way. Ms. Gougian is still concerned about maneuverability of cars. MOTION: Ms. Caldwell moved to GRANT a Variance to expand the preexisting nonconforming garage by 3 feet and a dimensional Variance to allow for 3 additional units, with two parking spaces per unit based on the hardship of the irregularly shaped lot and the neighboring 48 -unit affordable housing building to the west, subject to the conditions as outlined in the October 17, 2018 memo from the Assistant Planning Director with the additional conditions that a washer /dryer be provide in each unit, no external antennas be present on the property, trash and recycling be kept at the rear of the units and be subject to private pick up in perpetuity and no storage of plowed snow shall occur on site, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. F. Glovsky & Glovsky o /b /o Juxhin Bako and Leanne Tirabassi In a petition for a request for a Variance, Special Permit and a Finding to renovate and expand the house on a preexisting nonconforming lot by adding an additional one half story to increase the height from 27' to 31' where 35' is permitted and by expanding the footprint into existing Page 6 of 10 nonconforming setbacks 4'6" to the east and 10' to the south. This results in a 3' setback on the east and a 0.7' setback on the south and adds a one bay basement level garage and 656 square feet of living space above. The property is located at 17 Fossa Terrace in the RMD zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board and asked if the City Solicitor gave guidance regarding their last presentation seeking only a Finding. Ms. Caldwell stated she spoke with the City Solicitor and it was determined not necessary to conduct the research in light of the applicants filing a new application. Atty. Dissette provided a brief overview of the original request. The overall height was originally reduced by 4' and carries forward on this new request. They sought additional input from the neighbors and a new change from the prior plans is that the eastern (left) side was going to be pushed out 6' and they realized they could still make the entry for the garage with 4.5' into that pre existing nonconforming set back. The applicant is seeking relief on the increase of the building footprint on the east side of 4.5' and 10' on the south side. The plans for the south side are a basement with a deck over it. The basis for the Variance is driven by the topography of the lot which grades down sharply from Fossa Terrace west to east. Parking in the area is terrible and even with this challenged lot they are able to create an off street parking space. The 4.5' expansion creates 200 extra feet of living space above, the increase in height is modest and creates 400 feet in the half story attic space for a master bedroom and bathroom. The applicant's Architect addressed the Board and reviewed the revised plans. The single bay garage will be 11' where 12' is standard. The majority of the changes are in the front and rear elevations. The Plot Plan shows the lot lines, not the neighboring properties. Public Joseph and Jean Cecilio 12 Smith Street stated their house is located directly behind this house and they are not in favor of this project. Lisa Stallsmith 8 Smith Street stated she is not in favor of this project. Ms. Stallsmith stated she is most concerned about the construction process. The house is bigger than surrounding houses and there aren't any houses with garages, they have all just worked with the parking limitations. Ms. Stallsmith stated she is here supporting her neighbors who will be greatly impacted. Ms. Caldwell asked if there are any handicap spaces and Mr. Cecilio stated he feels those are for people worse off than him. Mr. Margolis stated pertaining to Ms. Stallsmith's concern regarding the construction process, the construction will be over in 3 months and then they will have this improved house in their neighborhood. Page 7 of 10 Rita Burke 16 Fossa Terrace Ms. Burke stated they are directly across the street from this house and they are not in favor of this project. They are here to support Mr. Cecilio. They are happy with some of the design changes, but Mr. Cecilio is still negatively affected. Atty. Dissette reviewed the right of way. Ms. Caldwell stated the overall height is going up 4' and they did shrink the volume of the property. Mr. Bako stated where he parks his truck now, if he doesn't come close enough to the house, his wheels overhang and affect the Cecilios from getting in. If he is permitted to build this garage, he will take his truck out of the equation and he wouldn't be in their way to park. Mr. Margolis asked if the intent of these garage plans is to make Mr. Cecilio's life easier and Mr. Bako confirmed. Mr. Bako stated they had planned to have potted plants in the 3' space between his property and the Cecilios'. Ms. O'Brien asked for clarification that it is not an issue if the Cecilio's need to utilize the 3' and Mr. Bako confinned and stated he isn't going to put up a fence or any permanent fixtures. Ms. Burke asked where they are going to store their boat and stated if the boat wasn't there his truck would fit. Ms. Caldwell asked Atty. Dissette if he had received the letter from Atty. Handly and did he want to address any of his points. Atty. Dissette stated they are here due to the topography. Topography dictates where the garage can be built. Ms. Caldwell asked for Atty. Dissette's opinion on Mr. Handly's view of the frontage issue. Atty. Dissette stated both frontages are nonconforming and don't have any basis for the relief they are requesting. Mr. Frederickson stated the ordinance allows a corner lot to pick which side to use for frontage. Atty. Dissette stated the building is run down and these improvements will benefit the neighborhood. Ms. Burke stated she raised 3 kids in this neighborhood and her kids played in the beautiful park just a few feet away. Ms. Caldwell stated there is overflow parking near the park. Page 8 of 10 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 GRANT a Variance to increase the encroachment into the left side setback from 7.6' to 3.1' and the rear setback from 10.7' to 0.8' based on the hardship created by the topography, the size of the lot and the position of the existing house on the lot, with the condition that the 3.5' between the house and the left side lot line remain unimpeded by any structures or objects, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT a Special Permit under section 300 -80(2) for granting relief from the 50% limitation of that section finding that the application meets the criteria set forth in the Ordinance for a Special Permit and that the proposed addition is not more substantially detrimental to the existing structure with the condition regarding the left side setback and the storage of the trash be in the rear, not on the left side, subject to the plans submitted. Mr. Battistelli second the Motion, Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT a Finding that the added ' / 2 story addition to the nonconforming structure is not more substantially detrimental than the existing structure and the left side condition and the storage of trash in the rear, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. II. CONTINUED PUBLIC HEARINGS A. David and Dori Haves In a petition for a request for a Finding to construct an addition to existing nonconforming structure. Addition will comply with all required setbacks. The property is located at 637 Hale Street in the R -15 zoning district. Mrs. Hayes sent an email requesting to continue their application to the January 2019 meeting. MOTION: Mr. Battistelli moved to GRANT the request to continue the application for 637 Hale Street to the January 2019 meeting. Second by Mr. Levasseur. Votes in favor Margolis, Caldwell, Gougian, Battistelli, Levasseur Motion carries. III. OTHER BUSINESS 1. Approval of September 27, 2018 Minutes (Basso) Page 9 of 10 MOTION: Mr. Battistelli moved to approve the Minutes from the September 27, 2018 meeting. Mr. Levasseur seconded the Motion. All in favor. Motion carries. 2. 2019 ZBA Calendar The Board members discussed changing the date and time of the 2019 meetings. Additional options will be presented at the November 29, 2019 meeting. MOTION: Mr. Margolis moved to adjourn the meeting at 9:40 pm. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 10 of 10