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ZBA Minutes 6.26.2019M 10-a City of Beverly Zoning Board of Appeals June 26, 2019 These Minutes are not a verbatim transcript of the public hearing of the Board of Appeals. Review of the Board's Decision or outcome of the public hearing should include an examination of the Board's written Decision for that hearing. Meeting Minutes Members Present: Joel Margolis, Chairperson, Victoria Caldwell, Pam Gougian, David Battistelli, Peggy O'Brien, alt., Stefano Basso, alt. Members Absent: Jim Levasseur, Kevin Andrews, alt. Others Present: Leanna Harris, Administrative Assistant Location: 191 Cabot Street, 3 rd Floor, Council Chamber Mr. Margolis began the meeting at 7pm and introduced the Board Members present. I. MODIFICATON REQUEST A. Heney & Associates on behalf of 4 Bomac Realty, LLC Original Request August 24, 2017 In a petition for a request to consider the application in regard to 4 Bomac Realty, LLC requesting a Variance in accordance with Chapter 300, Article VII, S. 300 -42 to use the property as an Automotive Retail location. The property is located at 4 Bomac Road, Beverly, MA in the 1 R zoning district. * * Requesting Minor Modification to Use Variance Bill Heney, Esq. ( Heney & Associates) addressed the Board and stated he represents 4 Bomac Realty LLC, the principal is Brian Kelly of Kelly Auto Group who is also present tonight as well as one of Mr. Kelly's Property Managers. The Kelly Auto Group decided to move the Ford Dealership to Cabot Street and so a rather challenging decision was left with what to do with 4 Bomac Road property. They currently have a Use Variance for an auto dealership, but now they are considering a classic auto dealership which is different in nature. They would be servicing and selling classic cars in the show room while continuing to use the parking lot to store new vehicles. The number of people attending this type of dealership would be much less. There will not be a need for the cars on pedestals on 128 and the signage will be much smaller. There will be minimal staff on site. Customers will visit the location but it will be appointment based and they will only service the cars that they sell. Mr. Kelly is envisioning a boutique type dealership. They are unclear if they need to come before the Board for a minor modification. A retaining wall has been installed which greatly improved the site and neighboring properties. Page 1 of 6 Brian Kelly addressed the Board and stated Paul Russell has a similar dealership in Essex. Cars are not stored outside, everything is stored inside. If people do have to leave a vehicle it's normally there for a couple of months or more. Mr. Kelly anticipates having two or three employees. There will be no painting or body work done on site and the upholstery work is not created at the site. It's a very slow business, it doesn't happen overnight. Mr. Margolis asked if there was any work done on the inside of the building. Mr. Kelly stated it was a machine shop before so there is plenty of electrical and plenty of fans. Mr. Kelly stated he has just cleaned things up. It's sort of a museum with classic cars and memorabilia that he has collected over the years. Mr. Kelly stated they will also restore older motorcycles. Mr. Margolis asked if there are plans to enhance the landscaping on 128 similar to what was planned for the Ford Dealership. Mr. Kelly stated he hadn't intended to, the current landscaping sort of hides the building. MOTION: Ms. Caldwell moved to consider the request from Heney & Associates on behalf of 4 Bomac Realty LLC to be a minor modification and to change the previously granted Use Variance to a classic car dealership, there are no changes to the building or the landscaping as was associated with the Variance for the Ford Dealership. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. II. NEW PUBLIC HEARINGS A. Virginia Garland In a petition for a request for a Special Permit to construct a 4.7' x 9.2' bathroom addition to rear of nonconforming house and to raise the rear garage roof. Addition and roof are to be no closer to lot lines than existing structure. The property is located at 28 Thorndike Street in the R6 zoning district. Ms. Garland addressed the Board and stated two years ago she came before this Board and was granted a Special Permit to add a second level to her home but decided it was not feasible. She is before the Board tonight with a new idea that will give her additional income and allow her to remain in her home. Ms. Garland would like to raise the roof on the garage to gain ceiling height and create a separate unit. As well as add a bathroom to the rear of the existing, nonconforming house. Ms. Garland stated neighbors are very supportive and provided a written letter. No one spoke in favor or against. Page 2 of 6 Mr. Margolis asked how many parking spaces are there and Ms. Garland stated two. Ms. Caldwell stated she doesn't think she needs relief for that. Ms. Gougian asked what the front view will look like and Ms. Garland stated it will look basically the same, there will be an entrance to the garage on the side. The existing window will be turned into an egress. Mr. Basso asked for clarification on what the plan is for the siding and Ms. Garland stated it will match the existing shingles. Mr. Battistelli stated it is a modest addition and it is located in a multi family district. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 28 Thorndike Street to convert the existing garage into a second unit and to construct a 4.7' x 9.2' bathroom addition at the rear of the existing house, finding the plans are not more detrimental than the existing structure, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. B. Fiona Land In a petition for a request for a Special Permit to replace a hip roof with a taller gable roof and dormers to extend of the height of an existing house with a front yard setback of approximately 11', where 20' is required. The property is located at 14 Harrison Avenue in the R10 zoning district. William Nolan, Architect (Savoie Nolan Architects) addressed the Board on behalf of the applicant and stated they are looking to create a master bedroom suite by finishing off the existing attic with a similar gable roof and dormers on the sides. The height will be 2' higher but still under 35'. Mr. Nolan reviewed the proposed floor plans and stated the first floor and basement will remain the same. The second floor will remain the same other than a staircase added to go up to the attic level. Mr. Nolan reviewed the elevations and preliminary sketches. Ms. Caldwell asked if they are enclosing the front porch and the Mr. Nolan stated they are not. Mr. Battistelli asked if the roof peak is higher and Mr. Nolan stated they are increasing it by 2' but it is still under 3 5'. Page 3 of 6 Mr. Nolan provided 8 signatures from abutters in favor of the application. John Mancini, 16 Harrison Avenue stated they are in support of the application and do not have any problem with the plans. Ms. Gougian stated the plans definitely change the character of the house and she feels it is a disruption to the street because it is not going to fit in with the neighborhood. Ms. Caldwell stated she agrees that it will change the look of the house but it is a reasonable request and she is in favor if it allows the family to stay in the house. MOTION: Ms. Gougian moved to close the public hearing. Mr. Basso seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 14 Harrison Avenue to add an attic addition with dormers on existing nonconforming house with a front yard setback of approximately 11', where 20' is required, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso) Motion carries. C. Mary Beth Bullock In a petition for a request for a Special Permit to replace an existing nonconforming metal garage with an 18' high wood frame garage with a side setback of 1.6', where 15' is required and a rear setback of 5', where 25' is required. The property is located at 9 Woodbury Street in the R10 zoning district. Andrew Crocker, Architect addressed the Board on behalf of Ms. Bullock and stated it is a late 19 century building with a few additions and no dry storage. The existing nonconforming metal garage is the only storage on the property. Ms. Bullock would like to demolish the garage and rebuild a new wood framed garage with storage above so she can park her car in the garage. The proposed new building will be larger, the front will encroach further into the front lot line and the height will increase from 12' to 18'. Mr. Crocker demonstrated there are several larger garages already in the neighborhood and so the proposed building is consistent with the neighborhood. No one spoke in favor or against. Mr. Margolis asked what the plans are for the second level and Mr. Crocker stated it will be storage, there will be a staircase going up to the second level and there will be no utilities. Mr. Battistelli asked what the age and general condition of the rear deck is and Ms. Bullock stated about three years old. Mr. Battistelli asked if they considered putting the garage where the Page 4 of 6 1 deck is. Mr. Crocker stated the lot isn't big enough, there's a mature maple tree and gardens. This location allows the most green space to be maintained. Ms. O'Brien asked how big the garage at 7 Woodbury Street is compared to what they are proposing. Mr. Crocker stated they have a two car garage and Ms. Bullock is proposing a one car garage. Ms. O'Brien stated the garages will be side by side so in her eyes it neutralizes the size. Ms. Caldwell stated the garage design looks very nice and she thinks it will fit in with the neighborhood. MOTION: Ms. Gougian moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 9 Woodbury Street to replace an existing, nonconforming metal garage with a new wood framed garage finding that the proposed structure is not more substantially detrimental, subject to the plans submitted. Ms. O'Brien seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. D. Andreas Bauermeister In a petition for a request for a Special Permit to build a garage and master suite addition to the front of an existing single family dwelling which is nonconforming with respect to the rear setback. The proposed addition meets all dimensional requirements. The property is located at 28 Neptune Street in the R10 zoning district. Julia Mooradian, Architect addressed the Board on behalf of Mr. Bauermeister and stated they are proposing to add a garage and master bedroom addition to the existing nonconforming house. There is a small corner of the existing one story family room that encroaches into the rear setback. Ms. Mooradian reviewed the plans and stated there is a severe slope to the driveway that they are working with a civil engineer to grade. There will be a wheel chair lift added for a family member. They are increasing the roof height on the addition by 2' but it is still well under the 35'. Ms. Caldwell asked what they will side the house with and the Ms. Mooradian stated cedar shingles. Ms. O'Brien stated the plans look nicer than the existing house and it's a well treed lot. Ms. Caldwell and Mn Basso agreed. Mr. Basso stated it's nice they are replacing the existing windows so everything will look unified. Page 5 of 6 M MOTION: Mr. Battistelli moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso) Motion carries MOTION: Mr. Basso moved to GRANT the Special Permit to build the garage and master suite addition on the existing, nonconforming dwelling finding the proposed addition meets all additional requirements, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso) Motion carries III. CONTINUED PUBLIC HEARINGS A. Glovsky & Glovsky o /b /o Harts Hill LLC In a petition for a Amendment to Variance to amend the terms of an existing use Variance granted in 1967 to allow change in use from a commercial office building to a multi - family project including a restored historic home and three new duplex buildings, for a total of 7 units, and to allow a new Variance from Section 300- 76B(3) to allow an expansion in the area and volume of the existing structures by more than 100 %. The property is located at 107 Dodge Street in the R10 zoning district. Miranda Gooding, Esq. (Glovsky & Glovsky) addressed the Board on behalf of the applicant and requested a continuance to the July 24, 2019 meeting due to lack of voting members present for this application. MOTION: Ms. O'Brien moved to continue the application at 107 Dodge Street to the July 24, 2019 meeting. Mn Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries MOTION: Mr. Margolis moved to adjourn the meeting at 8:17 pm. All in favor Motion carries. Page 6 of 6