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ZBA Minutes - 7.24.2019City of Beverly Zoning Board of Appeals July 24, 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, Jim Levasseur, Peggy O'Brien, alt., Kevin Andrews, alt. Members Absent: Stefano Basso, alt. Others Present: Steve Frederickson, Building Commissioner 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 RIEQUEST A. Michelle Cabelus Original Request: February 22, 2018 In a petition to request a Variance to demolish existing house and detached garage and rebuild new single family house with attached garage. New house to be no closer to front and left side than existing. New house to have rear setback of 157 vs. Existing setback of 19.8' where 25' is required. The property is located on 7 Fosters Point in the R10 zoning district. * Request to modify construction plans Michelle Cabelus addressed the Board and stated she is requesting a minor modification to the approved construction plans to reduce construction costs and maximize water views. Ms. Cabelus stated she is looking to downsize the overall volume of the garage and add dormers to the main structure. No one spoke in favor or in opposition. Mr. Battistelli stated he agrees this is a minor modification and the neighbors would likely be pleased since it has less volume. Mr. Andrews stated he agrees with Mr. Battistelli. Page 1 of 14 4 � MOTION: Mr. Battistelli moved to GRANT the Minor Modification of the Variance at 7 Fosters Point as approved by this Board in February 2018 due to the change being minor and less detrimental to the neighborhood. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. II. NEW 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 are requesting to add a detached accessory structure for Ms. Tache's mother for when she comes to visit and as a permanent place for when she ages. The existing home is nonconforming. They aren't looking to be closer to the road but would be closer to the neighbor. Ms. Tache submitted letters from abutters in favor. They are seeking a Variance from the front and side set backs as well as the overall square footage for the unit. The proposed structure would be 543 sq. ft which is slightly larger than what zoning allows. It would have a bedroom, bathroom and sitting area. The Tache's stated they have no plans to rent the accessory structure. Mr. Margolis asked them to address the hardship and Mr. Tache stated the lot is extremely sloped and difficult to build on and the existing house positioned on the lot also prevents them from building anywhere else on the lot. No one spoke in favor or in opposition. Ms. Gougian asked for clarification that if they attached the structure to the house they would meet the setbacks. Ms. Tache explained the reasons for them requesting to keep the structure separate. Mr. Battistelli stated he has an issue with the structure because it is not attached and he does not think it's appropriate for the neighborhood. Ms. Gougian stated the Board becomes leery of approving requests for unattached structures once they start adding a bathroom. Ms. Gougian reviewed the requirements for a Variance and stated the hardship for their land would have to prevent them from attaching the structure. Ms. Gougian stated she doesn't think the lot is a hardship. Page 2 of 14 J V� Mr. Margolis asked if there was a way to connect it to the house by an open breezeway. Ms. Tache stated she thinks that would be possible and that the architect could come up with something that would work. Ms. O'Brien stated she thinks the breezeway is their solution and it would make one complete structure. Mr. Frederickson stated a breezeway would make it more of an addition, the Ordinance doesn't really define what an addition is and so Mr. Frederickson stated he always interprets it as being able to get from one structure to the next without getting wet. Mr. Andrews asked if they were to change the plans would they have to come back and Mr. Margolis confirmed. Ms. Gougian and Mr. Battistelli discussed moving the structure closer to the existing house. Ms. Tache explained why their Architect put it in the location they did. Mr. Tache asked what the Board would like to see for a side setback and Mr. Battistelli suggested a 4.8' setback. Mr. Margolis stated he would like to see them come back with a different plan. The applicants requested to continue to the August Agenda. MOTION: Mr. Andrews moved to GRANT the request to continue the application for 49 Webster Street to the August 28, 2019 meeting. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. B. Beverly Crossing Ford LLC In a petition for a request for a Special Permit to install 4 marketing banners on building's primary and secondary facades ranging in size from 15 -70 square feet. The property is located at 211 Rantoul Street in the CC zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board and stated they are requesting four temporary marketing signs for the new construction and also for 199 Rantoul Street. The Design Review Board approved the signs unanimously and indicated they needed a Special Permit due to the number and size of the temporary signs as well as the requested duration. They are requesting the signs be up from August 1, 2019 —April 30, 2020. Mr. Dissette indicated where each sign would be on a rendering of the building. The size of the lettering, the composition of the sign and the location of the signs are included in the application. The signs are flat against the facade, there is no projection. Kristen Poulin is also present to answer any questions. No one spoke in favor or in opposition. Mr. Andrews stated when they came before this Board for temporary signs at 131 Rantoul Street they discussed lighting from the banners that would eventually be used to illuminate artwork. To date, they still haven't seen any artwork. Mr. Andrews asked if there is any lighting planned for these signs and Atty. Dissette stated there is not. Ms. Poulin stated, at this time, they do not have plans for art at 131 Rantoul Street but they do have plans for 211 Rantoul Street. Page 3 of 14 2 sm �A Ms. Gougian asked if there are any permanent signs and Atty. Dissette confirmed. Ms. Poulin stated there are permanent signs on the entry ways but they are in compliance. Ms. O'Brien asked what the ordinary time frame is for temporary signs and Mr. Margolis stated it varies. Ms. Gougian asked how many units there are and how many are rented. Ms. Gougian stated she remembers previously they conditioned their approval that once the building is rented the signs would come down. Mr. Battistelli stated he is in favor of the proposal. Ms. O'Brien stated considering the size of the building she doesn't see an issue. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, O'Brien) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to install four temporary signs at 211 Rantoul Street from August 1 to April 30 or until the building is fully rented, whichever comes first, subject to the plans submitted and as approved by the Design Review Board. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, O'Brien) Motion carries. C. Beverly Crossing Ford LLC In a petition for a request for a Special Permit to install 4 marketing banners on building's primary and secondary facades ranging in size from 15 -70 square feet. The property is located at 199 Rantoul Street in the CC zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board and stated they are requesting four temporary marketing signs from August 1 to April 30 No one spoke in favor or in opposition. Ms. Gougian asked how many units are in this building and Atty. Dissette stated 28. MOTION: Mr. Levasseur moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, O'Brien) Motion carries. Page 4 of 14 MOTION: Mr. Levasseur moved to GRANT the Special Permit to install four temporary signs at 199 Rantoul Street from August 1 St to April 30 or until the building is fully rented, whichever comes first, subject to the plans submitted and as approved by the Design Review Board. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, O'Brien) Motion carries. D. Michael and Jennifer Tremblay In a petition for a request for a Variance to construct a full shed dormer at rear of existing home with a right side setback of 4.9' and a left side setback of 11.8' where 15' is required. The property is located at 14 Russell Street in the R10 zoning district. Michael Tremblay addressed the Board and stated he is requesting a Variance to construct a full shed dormer at the rear of the existing house to add a second bathroom. The existing house is nonconforming on three sides but the location of the addition is conforming and it would stay within the footprint. Mr. Tremblay stated that is where all the pipes are located from the existing bathroom. Mr. Frederickson stated this could be treated as a Finding according to new case law. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Andrews seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. MOTION: Mr. Andrews moved to GRANT the Variance at 14 Russell Street to construct a full shed dormer at the rear of the existing home based on the shape of the lot and the location of the current structure creating a hardship, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. E. Viewpoint Sign and Awning In a petition for a request for a Special Permit to allow for the installation and maintenance of a wall sign for commercial tenant Praxis Performance & Wellness in excess of the area of signs allowed by ordinance. The square footage of the sign is 87.37, where 60sf is the maximum allowed. The property is located at 140 -150 Brimbal Avenue in the IR zoning district. Jeff Kwass (Viewpoint Sign & Awning) addressed the Board and stated the Praxis studio is already open. They went before the Design Review Board and did modify their sign plan based on their input. Mr. Kwass stated they are requesting a little more than what the Ordinance allows due to the fact that it's a double width store front and the swooping letter in the logo throws off the sign calculation allowed. The location is set back about 220 feet from the plaza entrance and so they would like a reasonably sized sign. Page 5 of 14 M No one spoke in favor or in opposition. Mr. Battistelli stated he wouldn't call it two signs. Mr. Margolis stated there was a lot of discussion at the Design Review Board meeting regarding this design. Ms. Gougian stated her concern is every new business coming before the Board requesting larger signs than what is allowed and this is what the initial complaint was from neighbors. Mr. Battistelli asked what the lighting will be for the sign. Mr. Kwass stated they wouldn't have an issue with a condition on when the lights had to be turned off. Mr. Andrews stated if they removed the swooping part of the logo, the sign would be conforming and so he doesn't have a problem with it. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to install the wall sign at 140 -150 Brimbal Avenue for Praxis Performance & Wellness with a condition that the lights being turned off at 1Opm or 45minutes after closing, subject to the plans submitted and as approved by the Design Review Board. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. F. City of Beverly In a petition for a request for a Variance for the new police headquarters building to exceed allowable height of 42' per zoning code 29 -70 -71 D(6). The property is located at 175 Elliot Street in the IG zoning district. Keith Mercy, Architect (Kaestle Boos Associates, Inc.) addressed the Board and provided an overview of the plans for the new police station. The hardship is the FEMA regulations regarding the floodplain. The need to park the police cruisers and have room for snow storage also creates a hardship and they are unable to expand the footprint. Mr. Mercy outlined the FEMA regulations relating to the floodplain. Mr. Mercy stated 2/3 of the building will be 7' over the allowed 35'. The Elliot Landing condos and the parking garage are higher than what they are proposing. Police Chief John LeLacheur stated their existing police station has no hot water and the building fails inspection each year. Page 6 of 14 Elaine Lunden, 201 Elliot Street stated as a resident of Elliot Landing she would like to know where exactly this structure will be. Mr. Mercy showed her the illustrations and its proposed location. Mr. Margolis asked Chief LeLacheur if there are any guidelines relating to their cars lights and sirens. Chief LeLacheur stated the police cruisers have a device that turn the streetlights green and then the lights and sirens would be turned on as they exit. The Chief stated they are at the Cummings Center several times a day for emergencies. They are designing a building that will look like the rest of the Cummings Center and aesthetically they are taking a barren lot and building an attractive structure. Ms. Caldwell asked what the time frame is and the Mr. Mercy stated 12 -18 months before they break ground. Mr. Andrews stated the design is a nice addition to the Cummings Center. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur,) Motion carries. MOTION: Ms. Caldwell moved to Grant the Variance to the City of Beverly to construct a police station that exceeds the allowable height of 35' to 42' based upon the hardship of the size and shape of the lot and concerns regarding the floodplain, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur,) Motion carries. G Alexander & Femino o/b /o Skomurski Development LLC In a petition for a request for a Variance to allow a 20.9' rear yard setback, where 25' is required, for a mixed use building having commercial use on the first floor and residential units above. The property is located at 0 Everett Street in the CN zoning district. Thomas Alexander, Esq. (Alexander & Femino) addressed the Board on behalf of the applicant and stated the property is currently a parking lot for the sale of foreign cars. The car business and the economy has changed and so the use of this lot needs to change. Skomurski Development is purchasing this property. The parcel is over 7,000 sq. feet and is one of the largest parcels in the CN district. The purpose of the CN zone is to limit commercial development in adjacent neighborhoods. The applicant is looking to have retail on the first floor and four residential units on the upper floors. The architecture keeps with the character of the downtown area of Beverly Farms and meets the City's need for more housing. The City and State have expressed the need or more housing close to transit sites and this location is walking distance to the Beverly Depot. Page 7 of 14 s Atty. Alexander read a few lines from a letter submitted by Michael Dietz who lives in close proximity to this properly who is in favor of this project. John Seger (Seger Architects, Inc.) provided an overview of the project. Mr. Andrews asked Atty. Alexander to clarify for the public what they could build by right, without any permission from this Board. Atty. Alexander stated regardless of whether they go for a Variance they are still subject to a Site Plan review at which time parking and traffic would be reviewed. Ms. O'Brien stated the Planning Department did provide a Memo addressing the parking and traffic issues. Effie Panagiotakis, Esq stated she represents Rebecca Swanick the owner of the historic home located directly behind this lot. Atty. Panagiotakis read the Opposition letter dated July 22, 2019 into record. If the Variance is granted, the proposed parking area for the project will be right up against the fence which shields Ms. Swanick's inground pool. This would greatly affect her property negatively. Atty. Panagiotakis read the letter in opposition from Matthew St. Hilaire, Ward 6 Councilor into record. Nichole Edwards, 4 Everett Street addressed the Board and stated her property is located across the street and she has two small children who like to ride their scooters and so the increase in traffic concerns her. Ms. Edwards stated this project does not fit in with the area and the safety of residents and she does not think the Board should approve the Variance. Kathy Cooper, Everett Street stated the drawing is misleading as to what is actually around the proposed building. This intersection is very busy and dangerous due to existing conditions and this building will only make it worse. Ms. Cooper stated she doesn't think the ZBA should grant the Variance to build something bigger than what is allowed and contribute to these dangerous conditions. ' Tim Flaherty, Ward Councilor stated he is opposed to this project and he is also here representing Mr. Frates who is opposed to this project. It is out of scale for the area and the parking is already difficult in that area. Brian French, 19 Everett Street stated he submitted a letter in opposition for a number of reasons. The request immediately eliminates the ability to put in a buffer that is required in a CN district, the Ordinance approves 2 units and yet the applicant is requesting 4 units. There are 12 parking spaces shown but under the Ordinance there should be 13 spaces. Mr. French stated he doesn't see how the lot, which is flat and of normal shape would present a hardship and he feels the developer took a gamble to overdevelop the lot. Page 8 of 14 Leon Martens stated Mr. French made excellent points for not granting the Variance. Mr. Martens stated he has no issue with developing the lot but it should be done within the Ordinance guidelines and he would like it scaled back so that it fits within the zoning. Tony Parisi, 29 Everett Street stated he is down the street from where the project would be. He is a life long Gloucester resident that recently.relocated to this quiet and quaint neighborhood. Mr. Parisi stated during the applicant's presentation he heard them say they could build on the lot without a Variance so he is wondering why they didn't just do that to begin with instead of requesting to overbuild the lot with a Variance. The building is oversized and it does not fit. Stella, 840 Hale Street stated she is utterly opposed to this development. It will not be a plus to Beverly Farms in any way, the traffic is already awful. There should not be a thought to ever make the setbacks smaller. Hilary Mackey, 14 Beech Street stated she is opposed to the Variance being issued that there are at least 15 trees that abut the property. The rendering doesn't show anything around the proposed building, it doesn't go with the neighborhood. The parking is also an issue. Mary McCaffrey, 12 Connolly lace stated she belongs to a group who is dedicated to beautifying Beverly and this development is not beautiful. The houses in close proximity will lose sunlight. This building does not fit in with the Village. Babette Loring, Hale Street stated when the construction on Thissell Street happened they said it would fit in with the neighborhood and look at it now. This project is horrendous. Paul Weingartner, 12 Everett Street stated he has been there for 25 years and he opposes the project due to the two curb cuts they are proposing, the store fronts they are proposing would disturb this neighborhood and it's not appropriate. It is out of scale and out of purpose for that site. Atty. Panagiotakis read the letter in opposition submitted by Peter Johnson, 677 Hale Street into the record. Virginia Frazier, 39 Everett Street stated when she was walking through Beverly Farms last night she saw three separate retail areas that they are trying to lease and so she doesn't understand how there could be more retail spaces going in. Ms. Caldwell read letters submitted in opposition from the following: Paul Guanci, Councilor at Large Reverend George Stevens, St. John's Episcopal Church Charles Sherrill, 858 Hale Street Allen and Patricia Drinkwater, 8 Everett Street Elizabeth Drinkwater and Tyler Vuylsteke, 9 Everett Street Page 9 of 14 r •'tea , �� }�� Tom Bahr, 646 Hale Street Steven Cohen, 514 Hale Street Emily Kontos, 7 Juniper Valley Court Donna Carlson 27R West Street, Unit 11 Carolyn Mason, Hale Street Elizabeth Glass, 99 Haskell Street Ms. Caldwell read an email received from Amanda Harrison who is in favor of the project. Atty. Alexander and stated he would like to continue to the August meeting to attempt to address their concerns. Christine McCaffrey- Clark, 10 Congress Court stated she doesn't think they should all have to go through this again and that it's pretty clear they shouldn't be granted this Variance. Atty. Alexander stated they will withdraw their application without prejudice. Mr. Battistelli stated the applicant deserves to know that the number of units and the size of the building being proposed wasn't going to fly with him. Ms. Gougian stated the public has no idea what the Board is thinking, the Board didn't even speak to this application. The Board was interested in hearing from the neighbors first. MOTION: Ms. O'Brien moved to GRANT the request to Withdraw Without Prejudice. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. H. Alexander & Femino o/b /o Vincent Orlando In a petition for a request for a Special Permit/Finding to enlarge an existing legally nonconforming 5 -unit residential building by adding an addition to the side and rear of the building and by replacing the existing legally nonconforming garage at approximately the same location with residential space resulting in one additional dwelling unit. The property is located at 23 Washington Street in the R6 zoning district. Thomas Alexander, Esq. (Alexander & Femino) addressed the Board and stated the existing building has five units with a garage out back. When they were before the Board previously, they requested 8 units, they are now requesting six 2- bedroom units. The applicant has met with surrounding neighbors and is prepared to address their concerns. Atty. Alexander stated preserving the beech tree has been a concern of theirs from the beginning. Ms. Nannini and Mr. Ducibella had requested they consult with a certified arborist. Sarah Bourque, a certified arborist is present and also submitted a letter outlining the steps and Page 10 of 14 s•. procedures that must be followed and then reviewed the plan for the beech tree area. Ms. Caldwell asked how old the beech tree is and Ms. Bourque stated they are estimating over 100 years old. JL Foster, 33 Washington Street asked Ms. Burke for clarification on the parking spaces indicated on the Proposed Site Plan. David Jaquith, Architect addressed the Board and provided an overview of the proposed renovations and additions. There will only be a small basement /utility room, the majority of the building will be on a slab at grade. The biggest units are in the existing house at 1,600 sq. ft, all other units are smaller and two bedrooms. Atty. Alexander submitted two letters in support of the project. Ms. O'Brien asked what the existing footprint is and what will the proposed footprint be. Mr. Jaquith stated it's a little less than a 1/3 lot coverage. Mr. Orlando stated the existing is approximately 6,000 sq. feet and the proposal is for approximately 8,000 sq. feet. The total square footage of the lot is 12,110 square feet. Terry Giversen Laird, 37 Washington Street submitted a letter opposing the project and stated she opposes the wall to wall covering of the property with the exception of the tree and she opposes the precedent it sets. Angela Nannini, 27 Washington Street submitted a letter in opposition and stated the applicant has met twice with the neighborhood and they have made progress and the parking is better Ms. Nannini stated the neighborhood density is a concern and this is somewhat of a compromise, they would rather it be five units. Ms. Nannini stated she would like a condition that the units can only ever been two bedrooms. Atty. Alexander stated in order to create additional bedrooms they would need prior approval from the condo association and then also obtain a building permit. The ZBA Decision would be recorded and so they would know that additional bedrooms cannot be created. Ms. Foster stated she is concerned about greenspace and the plan for the front of the building and what would prohibit the condo association deciding they don't like tandem parking and want to change that area. - Ms. Foster asked if the greenspace could also be a condition and Mr. Margolis confirmed. Ms. Foster stated they have tried working with the applicant and they have made progress but her main concern is the precedent set and the density. The abutter to the rear of 23 Washington stated the abutment is not 25' from her property. She stated the neighborhood is dense enough and there isn't enough parking without thirteen additional cars. Page 11 of 14 The owner of 24 and 29 Washington Street stated the parking at 23 Washington Street is a mess and the current tenants aren't making it better. This plan does offer off street parking and he does think condo owners will have incentive to park off street. This building is in complete disrepair and the applicant is willing to put a certain number on the line and renovate this building which, realistically will improve the neighborhood. The applicant has worked with the neighbors, he has reduced the volume and he has worked with the landscaping. Tom Ducibella, 27 Washington Street stated they appreciate the changes, that have been made, and the sensitivity to the beech tree. The big picture for a lot of them is that there are a lot of large older houses in disrepair on one of the most historic streets and they are afraid they will turn into condos. They are concerned about the long term history of the street. Ms. Caldwell read into record letters in opposition from 13 Thorndike Street and Theodore Collatos. Ms. Caldwell read into record letters in favor from Steve Archer and Jay Goldberg. Atty. Alexander stated this proposal will allow for a lot of improvements. The rear of the property is very wild and there are no designated parking spaces. This plan will take more cars off the street because there will be designated off street parking per unit. The beech tree will be preserved which might not be the case if someone else buys the property and builds something within their right. This is a good project, it's a good design, it will be a good for the neighborhood, there will be people owning their property instead of renting. Mr. Battistelli stated he would like the house to be improved. Mr. Andrews stated it doesn't seem like a six unit building would be more substantially detrimental than a five unit building. Ms. O'Brien asked if there is any consideration to reduce to five units. Atty. Alexander stated he reads in the paper nearly every day how Beverly is in need of more housing. Mr. Andrews pointed out there is all new housing on Rantoul Street. Ms. Caldwell stated she agrees this area could afford more density and she stated she likes the idea of the landscape plan. There could be something built by right with less guarantees. Ms. O'Brien asked what the projected sale price will be and Mr. Orlando stated $550 -600k per unit. Mr. Battistelli stated he wants to see this property improved, Mr. Margolis agreed and stated he would like to see something on a smaller scale. Ms. Caldwell stated she doesn't think there is anything wrong with the design. Ms. Gougian stated when houses go from single family to multi family it does change things. Page 12 of 14 13 MOTION: Mr. Andrews moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Margolis asked if there was any consideration given to reduce the overall size but keep the six units. Mr. Orlando stated the biggest units are in the existing building, they can't make the existing building smaller. The other units are smaller. Mr. Orlando stated he is six months into this and this is the best plan for this property that he and Mr. Jaquith could come up with. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 23 Washington Street to convert the existing five unit building to six units as it is not more detrimental to the neighborhood and it will not decrease property values, subject to the plans submitted and with the following conditions as Amended by Ms. Caldwell: (1) the beech tree detailed in the landscape plan must be preserved per the arborist and to seek third party assistance from Bartlett Tree; (2) all the units will be deeded as two bedroom in perpetuity; (3) the greenspace is to be maintained in perpetuity (4) the building is to be sided in hardy plank or equivalent; (5) snow shall be removed from the site; and (6) a screened trash and recycling area for each unit shall be provided. Mr. Battistelli seconded the Motion. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) 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 and stated the application is for an amendment to an existing Variance. It's a unique property with a unique historic home that will be saved in this project. The property is currently being used commercially and this project will convert it back to a residential use. Thad Siemasko, ( Siemasko & Verbridge) provided an overview of the revised plans. The project has been reduced to five condo units including the house. Mr. Margolis stated visually the house from the front would look better if it was the same height as the antique house and put the taller house in the back. Mr. Architect stated there are different Page 13 of 14 5 INg house heights along the street. Ms. Gougian and Mr. Levasseur agreed with Mr. Margolis. Mr. Levasseur stated he understands that they are trying to sell units but he doesn't think the garage not being next to the unit is a good idea. Atty. Gooding stated the lot has more than double the frontage of many of the other single family lots up and down the street including the two across the street. Mr. Margolis asked if they consulted with the historic commission and Atty. Gooding stated they haven't had the opportunity given the historic commission's meeting dates. Atty. Gooding asked if the Board would vote on this conditioned upon the reversing of the buildings.. Mr. Margolis agreed. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes 4 -0 (Margolis, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Battistelli moved to GRANT a Variance at 107 Dodge Street to amend the terms of the existing Use.variance granted in 1967 to change the Use from commercial to a multi- family Use which includes a restored historic home and 4 other units, the new 2 -unit building located on the left is restricted to 27' high, subject to the plans submitted. And to GRANT 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 %. Mr. Levasseur seconded the Motion. Votes 4 -0 (Margolis, Gougian, Battistelli, Levasseur) Motion carries. III. OTHER BUSINESS Approval of May 22, 2019 Minutes (Andrews): Hold to August 28, 2019 meeting. Approval of June 26, 2019 Minutes (O'Brien) MOTION: Ms. O'Brien moved to approve the June 26, 2019 Minutes. Ms. O'Brien seconded the Motion. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Margolis moved to adjourn the meeting at 11:38pm. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 14 of 14