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ZBA Minutes 8.28.2019City of Beverly Zoning Board of Appeals August 28, 2019 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 Caldwell, Pamela Gougian, Jim Levasseur, Pamela O'Brien, alt. Kevin Andrews, alt., Stefano Basso, alt. Members Absent David Battistelli 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. CONTINUED PUBLIC HEARINGS A. Jeffrey and Jill Tache In a petition for a request for a Variance and Special Permit to construct a detached accessory apartment in left side yard with a front setback of 9' where 30' is required, a left side setback of 2.8' where 8' is required and in excess of the maximum 25% yard and 100 s.f. allowed. The property is located at 49 Webster Street in the R15 zoning district. Jeffrey and Jill Tache addressed the Board and stated they revised the plans as requested and attached the proposed accessory structure in the front with a breezeway /mud room on the front left side. The side setback was originally 2.9' and the revised plan is now 3.9'. Mr. Tache stated Mr. Battistelli had wanted to see 4'. The house itself is nonconforming. Maura Gotsch, 230 Greenwood Avenue stated she is in favor of this application. Mr. Andrews stated now that it's an attached building its clear that it will never be a separate residence. MOTION: Mr. Levasseur moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Levasseur, O'Brien, Andrews) Motion carries. Page 1 of 11 MOTION: Mr. Andrews moved to GRANT a Variance and a Special Permit to construct an attached accessory unit with a left side set back of 3.9' where 15' is required, the accessory unit will only be used by the applicants, the Variance is based on the shape and condition of the lot creating a hardship, subject to the revised plans submitted on August 28, 2019. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian Levasseur, O'Brien, Andrews) Motion carries. II. NEW PUBLIC HEARINGS A. Brian Nardella In a petition for a request for a Special Permit to construct a right rear addition, increase the slope of the roof and install a rear full shed dormer and front dormers to an existing nonconforming structure with a right side setback of 12.8' where 15' is required. Addition, roof and dormer will be no closer to the right side line than the existing structure. Also, construct a left side and left rear addition with a left side setback of 10.4' where 15' is required. Existing structure has a left side setback of 14.5'." The property is located at 16 Columbia Road in the R10 zoning district. Brian Nardella addressed the Board and stated the house is a small ranch and he is looking to enlarge it by adding a bedroom, dining room and a larger garage so that three people can live there comfortably. Mr. Nardella stated the height of the building is less than most homes on the street and the five closest abutting homes are taller. The style of the house will be similar, it will become a cape style. Mr. Nardella submitted a petition from neighbors in favor. No one spoke in favor or in opposition. Ms. O'Brien asked if Mr. Nardella will keep the clapboard siding and Mr. Nardella stated if he doesn't shingle the house, he will keep the 3" clapboard. Mr. Basso stated there is a lot of additional roof facing the street but they did a good job of breaking it up. Ms. Caldwell stated the design is very nice. MOTION: Ms. O'Brien moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Basso) Motion carries. Page 2 of I 1 mat MOTION: Ms. Caldwell moved to GRANT a Special Permit at 16 ColumbiaRoad to expand the existing one story ranch to a cape style house by increasing the slope of the roof and installing a rear full shed dormer and front dormers to the existing nonconforming structure with a right side setback of 12.8' where 15' is required and a left side and left rear addition with a left side setback of 10.4' where 15' is required, subject to the plans submitted. Mr. Basso seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Basso) Motion carries. B. Salvatore Lograsso In a petition for a request for a Special Permit to add a rear shed dormer and two gable dormers to the front of an existing nonconforming dwelling. The property is located at 3 Macarthur Road in the R10 zoning district. Salvatore Lograsso addressed the Board and stated he is requesting a Special Permit to construct a rear shed dormer and two front gable dormers. The existing house is a cape with two large attic rooms that they only use for storage right now. Mr. Lograsso stated they have two little girls and they just looking to increase bedroom space. No one spoke in favor or in opposition. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Andrews seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to construct a rear shed dormer and two gable dormers that are not more detrimental to the neighborhood, subject to the plans submitted. Mr. Andrews seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews) Motion carries. C. Bradley Jones and Suzanne LaMont In a petition for a request for a Special Permit to construct a rear 2 -story addition and deck with a left side setback of 4.3', where 10' is required. Addition and deck to be no closer to left side than existing house. The property is located at 20 Porter Street in the R6 zoning district. Bradley Jones addressed the Board and stated they are seeking a Special. Permit for a small addition. The existing structure is an 1,100sq. ft. single family house. They are looking to add a second floor addition over the existing first floor at the rear of the house within the current footprint. The house currently has three bedrooms but you have to walk through one bedroom to get to another and so the addition will fix that. No one spoke in favor or in opposition. Page 3 of 11 Mr. Basso stated the extension matches the existing house nicely, it blends in. Ms. Caldwell asked how much square footage will be added and Mr. Jones stated 100 square feet. MOTION: Ms. Caldwell moved to close the public hearing. Ms. Obrien seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 20 Porter Street to construct a rear 2 -story addition and deck with a left side setback of 4.3', where 10' is required, subject to the pans submitted. Ms. O'Brien seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, O'Brien) Motion carries. D. Viewpoint Sign & Awning o/b /o Chelian Orthodontics In a petition for a request for a Special Permit to allow for the installation and maintenance of (1) wall sign in excess of the area of signs allowed by ordinance. The sign consists of one set of halo -lit logo and letters " Chelian Orthodontics ". The sign's total square footage is 77.82 where the maximum allowed is 60 sq. ft. The property is located at 140 -150 Brimbal Avenue in the IR zoning district. Ann Ramsey addressed the Board and stated they are looking to extend the signage from 60 sq. ft to almost 77.82 sq. ft. They have complied with the Design Review Board's request to lower the logo by 5 %. No one spoke in favor or in opposition. Mr. Andrews stated it's a nice design and Mr. Margolis agreed that it fits in nicely. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Andrews seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit on behalf of " Chelian Orthodontics" to allow the installation and maintenance of one wall sign in excess of the area of signs allowed by ordinance with a total square footage of 77.82 sq. ft where the maximum allowed is 60 sq. ft, subject to the approval by the Design Review Board. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Andrews) Motion carries. Page 4 of 1 l E. Alexander & Femino o /b /o BF Practice Realty, LLC In a petition for a request for a Modification to a Special Permit to allow the expansion of the existing dental practice on the first floor of the premises to include the second floor, replacing the existing residential dwelling unit. There will be to change to the exterior of the existing building, landscaping or parking. The property is located at 50 West Street in the R45 zoning district. Mr. Margolis recused himself. Tom Alexander, Esq. (Alexander & Femino) addressed the Board on behalf of BF Practice Realty and stated the Principal William Herr is present. Atty. Alexander stated this property has a long history of commercial use. It has been a real estate agency, an insurance office and a retail store. The most recent commercial use is a dental office granted by the Zoning Board of Appeals in 1994. Dr. Blake was just starting out as a dentist and had an office at the corner of West Street and Hale Street. His practice grew and so he put this building under agreement and has been practicing there for 25 years. Last year he sold the practice to Dr. Herr's group and has continued on as an employee three days a week. Atty. Alexander stated the Board granted the Special Permit with no conditions for the dental use. Dr. Blake's practice grew for 25 years. He has a good relationship with neighbors and has been an active member of the community. Because of the excellence of Dr. Blake's care, his practice grew to 9 full time employees and 2 part time employees. There are currently 18 parking spaces which is well over the requirement. Dr. Herr would like to better serve the existing clientele. Over the years, the dental field has expanded to include more cosmetic and surgical dental procedures. This is what Dr. Herr's proposal would be for the second floor. The number of employees wouldn't change much. The two part times would become full time. There would be no more employee parking than present. Presently the second floor is a residence, there would be no exterior changes to the building other than a change in signage which has been approved unanimously by the Design Review Board. Atty. Alexander stated they are providing 18 parking spaces which is 20% more than what is required Dr. Herr addressed the Board and stated he is a dentist and practices just about every day of the week. He met Dr. Blake at a time when Dr. Blake was looking to slow down. So when they got to talking they realized they were able provide an outlet for Dr. Blake to continue to see his patients on a part time basis. Dentistry has changed over the years and Dr. Blake was aware that real changes were going to have to happen in his practice to continue to serve Beverly Farms for the next 25 years. They did consider moving the practice to a new location, potentially out of Beverly Farms, but the plan they have come up with will allow them to stay in this location. They have worked with engineers and have come up with a viable solution that will get them to where they want to be. Dr. Herr reviewed the plans that show there are four additional rooms. The new rooms will accommodate procedures like dental implants and root canals. Patients that are having more complex procedures will be in a more private setting. There will also be 2 consultation rooms. Dr. Herr stated they are amenable to conditions and are willing to work with the neighbors. Page 5 of l l s y Tom Fallon, Esq. stated he represents the O'Brien family who are immediate abutters at 52 West Street. Atty. Fallon displayed photos from the last couple of weeks that showed there were cars parked in the right -of -way that are not part of the 18 parking spaces. Atty. Fallon stated they have heard the applicant state he is open to conditions and employee caps but when Dr. Blake started the practice there were 3 employees with 11 parking spaces and it grew. Atty. Fallon reviewed the original Special Permit that was granted and stated that Mr. O'Brien spoke in favor at the 1994 ZBA hearing. Atty. Fallon stated there are 5 treatment rooms resulting in 22 parking spaces being used now and so more treatment rooms and would result in more employees and more parking needed. The O'Briens have an autistic son and this is a safety issue. Atty. Fallon stated this portion of West Street is a residential area and this business would be one of the biggest in Beverly Farms. Atty. Fallon stated Mr. O'Brien has a very successful business with 13 trucks that he parks in a commercial area, not in a residential area. He has a right to peaceful enjoyment of his home and safety. The O'Brien are asking the Board to adhere to the Zoning Ordinance and its residential use. Atty. Fallon submitted a petition signed by 144 residents who oppose this application. Stephen and Kathy O'Brien, 52 West Street addressed the Board and stated their son is 15 years old and he is autistic. Ms. O'Brien showed the Board each day where his school bus can't get in to pick him up and showed where they have several orange cones and a safety sign. Ms. O'Brien stated this is a full commercial business in a residential area and it's appalling to think expansion is even an option. Mr. O'Brien stated he has lived in'the area for over 40 years and they have never had a problem like this before. Mr. O'Brien stated he helped Dr. Blake get the Special Permit but it was different. This is a business group, they don't live here. Mr. O'Brien stated this isn't a dental practice, it's a dental factory. This is a residential neighborhood. Kids ride their bikes in that area and someone is going to get hurt. Ray and Candace Stecker, 49 West Street stated they moved to Beverly Farms to become part of a quaint community. This is a residential area. All the commercial buildings are on the other side of the tracks. Dr. Blake had a small practice and lived upstairs, this is different. Cars are coming and going all day and what else will happen there if this gets approved. Mr. Stecker stated he doesn't trust Dr. Herr. Ms. Stecker stated they signed in favor of Dr. Herr's plans because he made it seem like Dr. Blake was still working there. Tim Flaherty, Councilor at Large stated he is opposed to this application. In 1994 a Special Permit was given but he doesn't think this is right for the neighborhood. Mr. Flaherty stated he is always concerned about the character of Beverly's neighborhoods and he is also concerned about the size and illumination of the sign. Patrick Carlucci, 58 West Street stated he is a direct abutter with three children and his main concern is safety. The kids are constantly out in the driveway and front yard riding their bikes. There is going to be more volume there with more patients and more cars. Page 6 of 11 John Frates, Ward 6 Councilor stated `community' was mentioned several times and that doesn't exclude new comers. Mr. Frates stated he is opposed to this application, the plans have been less than transparent. Ann Chainey 41 West Street stated she has been an owner and resident of Beverly Farms for over 60 years and she is in support of Mr. and Mrs. O'Brien and she is opposed to this application. April Fellows 11 Haven Way stated she has lived here since 1956 and is well acquainted with the history of the neighborhood. Ms. Fellows asked the Board to think long and hard about this. request, if they would like to have people cutting through their driveways and across their lawns. If a child is hit on that sidewalk by a delivery truck or an out of towner not familiar with the neighborhood how would the Board feel. Peter Johnson, 677 Hale Street stated there is no compelling benefit to this residential neighborhood by expanding this dental practice. There is no reason to improve the district with more dentistry. What is there now is ok but it should not be expanded as it will have a negative effect on surrounding property values. There is already a parking problem, this will make it worse. Mr. Johnson stated by the dental practice adding four additional rooms they will be increasing over 70 %. Mr. Johnson is skeptical that two of the four rooms would be used for consultations as stated. Mr. Johnson stated between 1994 — 2019 they trusted Dr. Blake but by his own admission the practice has changed so why wouldn't they think the new owners wouldn't change and grow substantially. Brian French, 19 Everett Street submitted a letter to the Board in opposition of the application. Elizabeth Gibbons, 56 West Street stated she would like the Board to reject this request for Modification. Ms. Givens stated they could expand hours not the practice itself. They close at 2pm two days a week. Matt Kosiak, 11 Vine Street stated there is a strong presence of community in this neighborhood and he is not in support of this application because of the traffic and also the lack of enforcement of parking issues. Dr. Robert Black stated his practice was very successful and before he sold the practice he had eleven employees, this isn't new, it has been this size for the last 20 years. There were 5 -6 people interested in buying the practice and Dr. Blake stated he selected the new owners because they had the same approach that he had. The assumption here is that Dr. Herr is different than Dr. Blake and he's not. Everyone is assuming that Dr. Herr is going to have all these grandiose plans and Dr. Blake stated he thinks everyone is being unfair. The practice wouldn't really need to grow to continue to be successful. The dental industry has changed, the equipment needed to provide the service is different and it takes up a lot of room. If you want to deliver a quality product there needs to be changes. Page 7 of 11 Matt St. Hilaire, 14 Oak Street stated he is right around the corner from this location and they have small kids that also ride their bikes in this neighborhood. The situation right now is unacceptable and the new plans will make it worse. Mr. St. Hilaire stated if dentistry has changed this much then perhaps this location is no longer appropriate. Dorothy Hayes, 680 Hale Street stated she opposes this project. This is a residential district. When Dr. Blake took over it still maintained residential structure, this is a complete commercial use. Ms. Caldwell reviewed the emails that were received in opposition. Atty. Alexander stated he appreciates the input from the surrounding neighbors and they understand its residents have strong feelings. Ms. O'Brien stated she agrees with what has been said with the traffic and parking. The numbers add up well beyond what is available for spaces. Dr. Herr stated the rooms are meant to be outfitted to do specific procedures... It's not that they would have additional patients. They would just allow them to have the equipment needed to conduct these procedures. Ms. Gougian stated she knows when she needs anything additional from the dentist she has to go elsewhere. Ms. Gougian stated what she is hearing is that neighbors would rather have no dental practice than any increase to that practice. Ms. Gougian stated the increase may not be as great as they are thinking but it sounds like they don't want anything there at all. Dr. Herr stated he understands their concerns and he does not take it personal, he is sympathetic to their concerns. Ms. Caldwell stated this is a nonconforming use looking to be expanded and intensified and there is a lot of opposition here and so she cannot support this application in the face of that. Mr. Andrews stated it's also behind a right- of -way so it's almost compounding that. Atty. Alexander requested to withdraw the application with prejudice. MOTION: Mr. Levasseur moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, O'Brien, Basso) Motion carries. Page 8 of 11 MOTION: Ms. O'Brien moved to accept the applicant's request to Withdraw with Prejudice. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, O'Brien, Basso) Motion carries. F. Michael Barry In a petition for a request for a Variance to construct a rear addition with a right side setback of 13.3', where 15' is required. The property is located at 17 Virginia Avenue in the R10 zoning district. Michael and Danielle Barry addressed the Board and stated they are requesting a Variance for a right side rear addition that will encroach into the 15' set back. They are staying within the footprint and boxing it in to expand the kitchen. Mr. Barry stated the unique shape of the lot creates a hardship that only allows them to extend into the rear of the lot. The lot is narrower in the front than the back and the way the house is positioned on the lot they cannot expand to the left. Mr. Barry submitted letters in support from 9, 15, 19, 21, 22 and 24 Virginia Avenue. Paulette Picardy, 15 Virginia Avenue stated she is in support of the addition and is happy to have young families in the neighborhood. Leslie Entwistle, 15 Virginia Avenue stated she is in support of the addition and that the applicants have kept them informed even before they had the plans drawn. They are great neighbors, they have no objections. Mr. Basso stated he noticed they selected a different siding type and asked what type it is and if it will blend in. Mrs. Barry stated it's not a done deal yet but that's what she would like and it will blend in. MOTION: Ms. Caldwell moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Basso) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Variance at 17 Virginia Avenue to construct a rear addition with a right side set back of 13.3' where 15' is required due to the size and shape of the lot and the position of the existing structure on the lot creating a hardship, the plans also meet the requirements for a Special Permit, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Levasseur, Basso) Motion carries. Page 9 of I1 1 -. G. McGloin Associates o/b /o Jason Irving, Trustee In a petition for a request for a Special Permit to add a second floor to an existing nonconforming structure, with a rear yard setback of 14.2' where 25' is required. Addition is to be no closer to rear lot line than existing building. The property is located at 22 South Terrace in the R10 zoning district. Lisa McGloin, Esq. (McGloin Associates) addressed the Board on behalf of Jason Irving and stated he purchased the house for his mother who has various health issues. Mr. Irving began converting the house to meet her medical needs and add a second floor with a bedroom and a deck. Mr. Irving's builder wasn't aware this is a pre- existing nonconforming structure and a Special Permit was needed. Ms. Gougian asked how Mr. Irving got a building permit if they needed a Special Permit. Atty. McGloin stated there was a miscommunication and the work has been stopped prior to completion. Ms. Caldwell asked what the overall height of the house is and Mr. Irving stated it is less than 35'. Mr. Andrews asked what the porch will overlook and Mr. Irving stated the ocean is two blocks away. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, O'Brien, Andrews) Motion carries. Bill Elliot (contractor) addressed the Board and stated they waited over 50 days for a building permit from the building department and had paid the permit fee back in May. MOTION: Ms. Gougian moved to GRANT a Special Permit at 22 South Terrace to add a second floor addition to the existing nonconforming structure with a rear side setback of 14.2' where 25' is required. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, O'Brien, Andrews) Motion carries. III. OTHER BUSINESS Approval of May 22, 2019 Minutes (Andrews) MOTION: Mr. Andrews moved to approve the meeting minutes from May 22, 2019. Mr. Levasseur seconded the Motion. Votes in favor Caldwell, Gougian, Levasseur, O'Brien, Basso Motion carries. Page 10 of I 1 M Vii, 1'f Approval of July 24, 2019 Minutes ( Gougian) MOTION: Ms. Gougian moved to approve the Minutes from the July 24, 2019. Mr. Levasseur seconded the Motion. Votes in favor Caldwell, Gougian, Levasseur, O'Brien, Basso Motion carries. MOTION: Mr. Margolis moved to adjourn the meeting at 9:35 pm. Mr. Levasseur seconded the Motion. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page I1 of I l