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ZBA Minutes 7 26 2018 (2)City of Beverly Zoning Board of Appeals July 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, Victoria Burke - Caldwell, David Battistelli, Margaret O'Brien, alt., Stefano Basso, alt. Members Absent Pamela Gougian, Jim Levasseur, Kevin Andrews, 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. MINOR MODIFICATION A. Michael Corsetti Original Request In a petition for a request for a Variance to allow one single family dwelling on Lots 24A and 24B having land area totaling 8.57 acres. The property is located at 65 Beaver Pond Road in the IR zoning district. Mr. Corsetti distributed updated drawings to the Board. The new design remains within the footprint and has reduced square footage. It is a more contemporary style design. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Ms. Caldwell moved the Board to determine the design change at 65 Beaver Pond Road is a Minor Modification given the Boards original Decision to allow a residential Use in an industrial zone. Ms. O'Brien seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. Page 1 of 10 E 'RA& 1 MOTION: Ms. Caldwell moved to approve the plans as submitted. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. II. NEW PUBLIC HEARINGS A. Joseph and Mary LeBlanc In a petition for a request for a Special Permit to construct gable dormer on front of nonconforming house, which has a front setback of 15 feet where 20 feet is required. The property is located at 1 Woodbury Drive in the R10 zoning district. Matthew Langis, Architect (Phoenix Architects) distributed drawings to the Board members and reviewed them. They are looking to add a gable style dormer to the front of the house and the front setback is nonconforming. The design will add volume, not height which is what triggered the need for a Special Permit. The modification on the first floor is minor, they are just reconfiguring the space and are removing a wall between the dining room and kitchen. There is currently only one window in the second bedroom. The plans enable them to gain ceiling height and egress windows which will supply better airflow and more natural light. The plans are staying within the existing height and not increasing beyond the existing ridge. Ms. O'Brien stated the design adds a lot to the house and it is a very nice design. Mr. Margolis agreed and Ms. Caldwell stated it is a very nice design and a minimal request. Mr. Battistelli stated it is already a beautiful house and these plans will just add to that. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Ms. O'Brien moved to GRANT the Special Permit at 1 Woodbury Drive as the proposed use is appropriate and property values will be not adversely affected and there adequate City services available, subject to the plans submitted. Ms. Caldwell seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. B. Scott and Elizabeth Jamieson In a petition for a request for a Variance to replace /renovate an existing deck with a side setback of 12.2' where 15' is required and a rear setback of 23.3' where 25' is required. Project will also include a small hot tub (separate from deck) with a setback of 8' where 10' is required. The property is located at 7 Ray Street in the R10 zoning district. Page 2 of 10 Scott Jamieson addressed the Board and distributed updated drawings and letters from supporting abutters. They are looking to renovate a rotting deck and to modify one corner that that will be within the side setback. The proposed deck is 12.2' from the side property line and 23.3' from the rear property line. The house as it is currently constructed is within the setback. They would like to put a hot tub in the corner of the deck, off to the side 8' from the property line. Mr. Margolis asked for him to address the hardship and Mr. Jamieson stated if they were to build within the setback, the back door would step out off of the deck and if they were to move the deck so that it was 15' from the property line it wouldn't line up with the existing house. The shape of the lot and where the existing house sits on that lot is creating the hardship. No one spoke in favor or against. Mr. Battistelli asked why the hot tub couldn't be on the other side of the deck and Mr. Jamieson explained it would be highly visible to their neighbors. MOTION: Ms. Caldwell moved to close the public hearing. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Mr. Battistelli moved to GRANT the Variance at 7 Ray Street to construct a deck 12.2' from the side property line where 15' is required and for a hot tub to be 8' from the side line where 10' is required due to the hardship created by the position of the existing house and the shape of the lot, subject to the plans submitted. Ms. O'Brien seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. C. David and Julia Long In a petition for a request for a Finding to construct an addition to existing nonconforming structure. The property is located at 17 Pine Road in the R10 zoning district. The Architect addressed the Board and stated they are proposing to add an addition and bump out at the rear of the house. All the proposed work is conforming and they are looking for a Finding for the nonconforming side of the house. No one spoke in favor or against. MOTION: Ms. Caldwell moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. Page 3 of 10 MOTION: Ms. Caldwell moved to the Board to make a Finding that the proposed addition at 17 Pine Road is not substantially more detrimental than the existing structure, subject to the plans submitted. Second by Ms. O'Brien. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. D. Glovsky & Glovsky o/b /o Leanne Tirabassi and Juxhin Bako In a petition for a request for a Special Permit/Finding to renovate and expand the footprint of a single family house into existing nonconforming setbacks. The property is located at 17 Fossa Terrace in the RMD zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board on behalf of the applicants and stated they are looking to renovate and expand 17 Fossa Terrace. The house is currently nonconforming and is located on the corner of Fossa Terrace and Wentzell Avenue. The owner has designated Wentzell Avenue as the front of the house for setback purposes. Fossa Terrace would be the right side and the area where the proposed rear deck would be. In the addendum to the application, is a zoning chart which highlights the current requirements, the existing and proposed conditions. The relief requested pertains to the left side setback and the rear setback. The existing conditions include a severe downgrade so there is no useable yard or play area for children. The proposed deck is not intended to be covered or enclosed and the reason for the relief request pertains to the expansion of the foundation in that direction and the desire to place the deck over that expansion creating new basement space. Matthew Langis, Architect (Phoenix Architects) provided an overview of the plans. The main reason for adding the six feet is there is an extreme grade difference on the front side of the property. The six feet will allow for off street parking in a single bay garage and increase room size. The attic floor consists of a master bedroom, closet and bathroom. Mr. Margolis asked for clarification on the Plot Plan where the 7' setback is. Ms. O'Brien asked what the change in height is and Mr. Langis stated it is going from 27.1' to 34.5' which is still under the 35' height allowance. Atty. Dissette, Esq. distributed to the Board a list of abutters who have signed a petition in favor of the project. Public Participation Mark DePiero, 2 Wentzell Road stated he is here representing his mother who lives at 2 Wentzell Road. Mr. DePiero stated it is a nice design, but the Architect should show with a dotted line what the existing house looks like. The building that is there now is in bad disrepair. Mr. DePiero stated he doesn't understand how it is possible to change the frontage of a property. Mr. Frederickson explained that the address won't change only where the frontage is measured. Page 4 of 10 • �� �I' f�1' . Ms. Caldwell stated it is only permitted for zoning purposes. Mr. DePiero stated the proposed house is a lot bigger than the houses on Fossa Terrace and the houses on the Fossa Terrace side will be negatively impacted by the light this house will block. Brian Burke, 16 Fossa Terrace stated his house is directly in front of their house. Mr. Burke distributed a list to the Board outlining why the neighbors are against this project and questions they have. Mr. Burke stated this house is going to increase significantly in size and will negatively impact neighbors. A third floor with a dormer overlooking their house is not something they are looking forward to. The house at 12 Smith Street is going to be looking at four stories of building. Mr. Burke stated there is a right -of -way between 12 Smith Street and 17 Fossa Terrace which is the entrance to 15 Fossa Terrace. Barry Stallsmith, 8 Smith Street stated his house is catty corner to 17 Fossa Terrace. Mr. Stallsmith stated he did sign the petition on this proposed project but now that he sees the plans he does not agree with it. The house needs to be improved but a building of this magnitude sets a negative precedence for this neighborhood. It seems excessive and unnecessary. The applicants are requesting a 57% square footage increase and a 7' increase in height. Mr. Burke stated if the height remained the same he would be more in favor and so he would be more agreeable to a scaled down plan. Things are already tight in the neighborhood and he is concerned about setting a precedence of issuing variances like this. Charlie Hanchett, 14 Smith Street Mr. Hanchett stated he agrees with Mr. Burke's sentiments. It is grandiose and over ambitious in this tight neighborhood. A lot of people are anticipating daily impediments to their life. This house is going to double in size, they appreciate the applicant's efforts to improve the house but something of this scope is not agreeable. They would love to see something more realistic. Mr. Hanchett also questioned how long the construction would take and where they are putting a dumpster on this hill. The City of Beverly comes down four times a week to check the sewage there. It is a unique neighborhood and they are proud of the way it exists now. Christine Baron, 6 Smith Street stated she is about two houses back from the property and during the winter the sun sets behind that house about 1pm. If that house goes up any higher it's going to be getting dark at noon. Ms. Baron stated her kitchen will cease to have sun in the winter and that is one of the reasons she bought the house, for the sunny kitchen. The angle of the proposed garage doesn't make sense. Where are the dumpsters going during this construction in a neighborhood where garbage trucks have difficulty maneuvering. Ms. Baron stated she is in favor of them improving the property, but she would like to see a design that fits in with the character of the neighborhood. The applicant explained the parking issues he has and stated the project is not meant to cause a negative affect on anyone's life. Mr. Margolis asked if he showed the neighbors the plans and the applicant stated he did present the plans to the neighbors located behind him and also to Mr. Burke (16 Fossa Terrace). He didn't get a chance to speak with Mr. and Mrs. Stallsmith. Page 5 of 10 Jean Cecilio,12 Smith Street stated she is no longer in favor of the project and wishes to remove her name from the petition she signed in favor. Mr. Basso asked if this is a full tear down or a renovation and Atty. Dissette stated it is a renovation. Atty. Dissette stated they are not seeking relief for the height increase, they are still within their right which is under 35'. The total new square footage will be 2,200. Mr. Margolis asked Atty. Dissette if after hearing the comments, if scaling down the project might be more beneficial to everyone. Ms. Caldwell agreed that she would like to see a design with the less bulk. Atty. Dissette requested to continue the application to the August 23, 2018 hearing. MOTION: Ms. O'Brien moved to GRANT the request to continue the application to the August 23, 2018 hearing. Mr. Basso seconded the Motion. Votes in Favor: Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. E. Michael and Elizabeth Dietze In a petition for a request for a Special Permit/Finding to renovate and expand a one car detached garage by 129 square feet away from the property line. The property is located at 5 Pickett Court in the R6 zoning district. Michael Dietz stated they have a detached garage and when they bought the house 6 years ago the garage wasn't in the best condition and they now have the funds to repair it. The garage is very narrow and so they are looking to add 6' to gain a bit more storage and fit a car. No one spoke in favor or against. Mr. Battistelli asked if they will be using the original frame and Mr. Dietz stated they will be using 3 of the same walls. The roof is not repairable. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. Page 6 of 10 MOTION: Ms. O'Brien move to GRANT the Special Permit at 5 Pickett Court, it is appropriate, it will not adversely affect the neighborhood, there are adequate City services, no undue traffic will be created, subject to the plans submitted. Ms. Caldwell seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. F. Axel and Stephanie Jacobson In a petition for a request for a Finding to construct a second floor dormer at the rear of an existing nonconforming dwelling with a left side setback of 9.1' where 15' is required, with no increase to the footprint. The Property is located at 34 Lexington Drive in the Rl0 zoning district. Axel and Stephanie Jacobson addressed the Board and stated they are looking to put a full dormer on the rear of their cape. They have talked to every neighbor in the cul -de -sac and have they signed the petition in favor. The neighbors directly to each side are in favor and wrote supportive letters. They are looking to add a second bathroom at the rear of the property. The property is nonconforming on the side of 32 Lexington Drive but the dormer doesn't face that side and is not increasing the footprint. No one spoke in favor or against.. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Ms. O'Brien moved to approve the Finding at 34 Lexington Drive due to the preexisting nonconformity and the change is not substantially more detrimental and will not create a new nonconformity, subject to the plans submitted. Ms. Caldwell seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. G Benjamin and Emily Frey In a petition for a request for a Finding to construct a second floor dormer at the rear of the existing dwelling with no increase to the footprint which is 6.8', where 15' is required. The property is located at 7 Puritan Road in the R10 zoning district. Benjamin and Emily Frey addressed the Board and stated they are seeking a Finding to add a dormer on the rear of their house to add additional rooms. It will not impact the existing footprint. The abutter at 9 Puritan Road submitted a letter in favor. No one spoke in favor or against. Page 7 of 10 MOTION: Ms. O'Brien moved to close the public hearing. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Ms. Caldwell moved to GRANT the Finding at 7 Puritan Road that the proposed dormer is not substantially more detrimental than the existing structure, subject to the plans submitted. Ms. O'Brien seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. H. Timothy Procopio o/b /o TPro Development LLC In a petition for a request for a Finding to add a second floor and a shed dormer over an existing nonconforming dwelling with no increase to footprint. The property is located at 32 Mechanic Street in the RHD zoning district. Tim Procopio addressed the Board and stated they are looking to add a second floor addition and a shed dormer to the front of 32 Mechanic Street. It is in need of significant repair. It is a small cape with a tiny bedroom on the second floor with very little head room. They would like to add a rear side second floor addition. It will then have 3 bedrooms and two and a half bathrooms. Public Participation William and Patrice, Comb 30 Mechanic Street stated they are ok with the plans. Tammy Medros, 29 Mechanic Street stated she is also in favor. Mr. Basso asked for clarification of the plans for the front of the house. Mr. Procopio explained they plan to move the front door to the side so they can open the front door without looking both ways. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. Ms. O'Brien suggested putting a window on the street side where they are moving the door from to add some street appeal and light. MOTION: Ms. Caldwell move to GRANT the Finding at 32 Mechanic Street to add a shed dormer and a second story addition as the proposed plans are not substantially more detrimental, subject to the plans submitted. Ms. O'Brien seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. Page 8 of 10 I. Glovsky & Glovsky o/b /o Bresmil R. Robles Crespo In a petition for a request for a Variance to use a portion of the existing paved parking area at 42 Park Street consisting of approximately 3,400 square feet for the sale of used cars and a 259 sq. foot section of the existing building as a sales office. The property is located at 42 Park Street in the IG zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) stated they are looking for a Use Variance to use a portion of 42 Park Street for used auto sales. Atty. Dissette referred the Board to the Site Plan. The one story building is primarily used for auto work but does have an existing Variance authorizing auto sales. The applicant does not intend to change the portion they will be renting. They are looking to operate the business in 3,400 sq. feet. One parking space is required and they are proposing 3 spaces. The hours of operation will be 8am to 6pm. with no more than 14 cars for sale at one time. They submitted a signed petition from several abutters in favor. Atty. Dissette stated it is mostly paved parking areas and is an appropriate location for the proposed use. There are several parking lots up and down Park Street. They already have a location where there is a successful car operation on the lot. It makes sense that this is the best use and any other use may require costly changes to the building and /or the lot the owner is unlikely to make. Ms. O'Brien stated since there is already an auto sales business there did they get a use Variance and Atty. Dissette stated confirmed in 1993. This area is zoned for industrial and auto sales is not a use in that defmition. Mr. Margolis asked if they intend to sell boats or other vehicles and the applicants stated just the sale of used cars. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Ms. Caldwell moved to Grant the Use Variance for 42 Park Street to use 3,400 square feet of the existing paved area and existing sales office for used auto sales, the hardship is the inability to make good use of the property due to its zoning designation, subject to the plans submitted and limited to 14 cars at one time. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. Page 9 of 10 -� `4� i =21a III. OTHER BUSINESS A. Minutes MOTION: Ms. O'Brien moved to approve the meeting Minutes from May 24, 2018 O'Brien. Mr. Basso seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. MOTION: Mr. Basso move to approve the meeting Minutes from June 28, 2018. Ms. O'Brien seconded the Motion. Votes in Favor Mr. Margolis, Ms. Caldwell, Mr. Battistelli, Ms. O'Brien, Mr. Basso. Motion carries. B. Adjournment MOTION: Ms. Caldwell moved to adjourn the meeting at 9:14 pm. Second by Mr. Battistelli. All in favor. Motion carried. Page 10 of 10