ZBA Minutes 1.29.2020City of Beverly
Zoning Board of Appeals
January 29, 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, David Battistelli,
Jim Levasseur, Kevin Andrews, alt.,
Members Absent Pamela Gougian, Margaret O'Brien, alt., Stefano Basso, alt.
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.
Alexander & Femino o /b /o Beverly Shore and Chubb Island, LLC
Original Request 11.26.2019: In a petition for a request for a Special Permit to demolish an
existing legally nonconforming 2 -story garage which is located 8 feet from the side yard
boundary (railroad tracks) with a new 3 -story garage built on the same footprint as the existing
garage. The property is located at 183 West Street in the R45 zoning district.
The applicant requested to withdraw their application without prejudice.
MOTION: Mr. Battistelli moved to approve the request to withdraw the application for a
Special Permit at 183 West Street without prejudice. Second by Mr. Levasseur.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
I. NEW PUBLIC HEARINGS
Janelle Schoch
In a petition for a request for a Variance to have a home occupation in an unattached garage.
The property is located at 6 King Terrace in the R10 zoning district.
Several abutters expressed concern regarding a trailer kept on the property. Ms. Schoch has
plans to sell the trailer.
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MOTION: Mr. Levasseur moved to close the public hearing.
Second by Mr. Battistelli.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Mr. Margolis stated he had several restrictions he wanted put in the Motion and asked Mr.
Frederickson if they could restrict the trailer from being there and Mr. Frederickson stated the
ZBA doesn't have the authority. Ms. Caldwell stated they could put a restriction in the Motion
regarding the trailer. Mr. Frederickson stated they could restrict it on the property and if it is on
the street the neighbors could just call the police.
Mr. Margolis stated if this request is approved, it is going to be monitored closely.
MOTION: Ms. Caldwell moved to GRANT the Variance to turn a detached garage at 6
King Terrace into a home business with a boutique and a hair salon due to the hardship
being the existing structure on the lot and the fact that the garage is detached with the
following conditions:
1) It can only be operational from Tuesdays and Thursdays from 4 -9pm and
Saturdays from 9 -5pm;
2) there will be no employees other than the home business owner;
3) the patrons of the salon and boutique must park in the driveway;
4) the trailer that is currently used as part of the business must be moved into the
driveway so that the property owner is in compliance with the City ordinance
regarding commercial vehicles in residential neighborhoods
Second by Mr. Battistelli.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Heney & Associates, LLC o /b /o Kelly Realty Series — Cabot Street — Beverly Series
In a petition for a request for a Special Permit to erect a freestanding sign at 420 Cabot Street
reading "FORD ". The property is located at 420 Cabot Street in the CG zoning district.
Bill Heney, Esq. ( Heney & Associates) addressed the Board on behalf of the applicant and
distributed the renderings to the Board members. Atty. Heney stated this goes back two years so
this is the last meeting they can acquire the Special Permit. The Design Review Board
recommended this pylon be approved with two restrictions, that it be reduced from 24.8' to 24'
and the lighting should be turned off at l Opm. This pylon sign is a necessary part of the
business, it is the standard FORD pylon sign.
No one spoke in favor or against.
Mr. Andrews asked how it differs from the previous dealership sign and dimensions. Mr. Heney
stated the overall volume is smaller.
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Ms. Caldwell stated she doesn't have any issues with this if the Design Review Board approved
it.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell.
Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carried.
MOTION: Mr. Levasseur moved to GRANT the Special Permit at 420 Cabot Street to
erect a sign as presented and approved by the Design Review Board with the conditions
that the sign be reduced to 24' and the lighting be turned off at l Opm, as approved by the
Design Review Board. Second by Mr. Andrews.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Diana Esposito
In a petition for a request for a Special Permit to create an in -law apartment within the existing
structure in the garden level of the split level home. The property is located at 22 Walker Road
in the R15 zoning district.
Greg Halle, General Contractor addressed the Board on behalf of Diana Esposito and stated they
are seeking an in -law apartment within the existing dwelling, with no additions. It's a traditional
split level home build in the 60s and Ms. Esposito is looking to finish the basement. It is well
suited for a living area. The in -law apartment is for Ms. Esposito's mother Jean who is currently
living at the residence.
Diana Esposito stated she has lived in the house since 2012 and over the past year and has been
divorced and has a 6 1 /2 old. During that time her mother has had cancer and multiple surgeries.
Ms. Esposito stated her mom was living in a condo with two sets of stairs and it just made sense
for her to come and live with her. The downstairs has never been used and so they could create a
separate area for her with direct access from the ground level.
Mr. Halle stated they have made slight changes to the plans since they were submitted with the
application. The roof awning over the back patio is no longer in the plans.
No one spoke in opposition.
Mr. Battistelli stated he has never seen a split level with an unfinished room. Mr. Halle
explained in detail that it is still a full basement with concrete foundation. The ceiling height is
about 6.9' throughout the entire basement area. Mr. Battistelli asked if there is a weather door
separating it from the rest of the house and Mr. Halle stated there are plans to add a door.
Mr. Andrews stated there is normally a condition that the in law can only be used for a family
member. Ms. Caldwell stated a Special Permit that runs with the current owner, it doesn't run
with the land.
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MOTION: Mr. Andrews moved to close the public hearing. Second by Mr. Levasseur.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Mr. Andrews stated it's a reasonable request consistent with what in law apartments were
designed for. Ms. Caldwell agreed.
MOTION: Mr. Andrews moved to GRANT the Special Permit at 22 Walker Road to
construct an in -law apartment to be used only by a family member, subject to the plans
submitted with the exception of the overhang over rear patio. Second by Mr. Levasseur.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Gary and Kris Cowles
In a petition for a request for a Special Permit to turn an existing nonconforming flat roof
garage and car port into a 2 -car garage with a gable roof. The property is located at 106 Colon
Street in the R10 zoning district.
Gary Cowles addressed the Board and stated he is requesting a Special Permit to turn an existing
flat roofed garage and carport into a 2 -car garage. It was built by his father in the 70s and it is
rotting out so instead of rebuilding it he would like to turn it into a 2 -car garage with a gable
roof.
Mr. Margolis asked if this will occupy the same footprint and Mr. Cowles confirmed.
Ms. Caldwell stated the new design looks a lot better than the flat roof and it will be a nice
addition.
Mr. Margolis asked if it meets all the setbacks. Mr. Frederickson stated they are building on the
same footprint but they are increasing the height within their right.
No one spoke in favor or in opposition.
Mr. Battistelli asked for clarification as to why they needed to come before the Board and Mr.
Frederickson stated it's a nonconforming structure and they are altering it with the sloped roof.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
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MOTION: Ms. Caldwell moved to GRANT the Special Permit at 106 Colon Street to
turn the existing nonconforming flat roofed carport into a 2 -car garage with a gable roof
on the existing footprint, subject to the plans submitted. Second by Mr. Battistelli.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Kraig Hill
In a petition for a request for a Variance to convert existing two family dwelling into a three
family dwelling on same footprint on a 7,347 sq. ft. lot, where 12,000 sq. ft. is required. Also
amend current Variance to allow addition over existing structure. The property is located at 32
Bartlett Street in the RMD zoning district.
Kraig Hill addressed the Board and stated he is requesting a Variance to turn a 2- family home
into a 3- family home by raising the existing 2 -car garage. The garage already has a bonus room
above it so it is already a 2 -story structure. Mr. Hill stated he thinks the Variance would amend
the existing Variance issued for the existing garage. The plans would be to raise the existing 2-
car garage to meet the height of the existing 3 -story building. It would stay within the zoning
ordinance height restrictions. It's a nonconforming lot. The architect kept the design within the
35' height restriction and within the same foot print.
Daniel Coffey, 32 Bartlett Street stated he lives in one of the condo units and in his current
location the Variance would affect him the most and he doesn't see an issue with it.
Mr. Hill stated the structure is on a corner lot with an angled property line that creates a hardship.
The building was constructed in the 1900s prior to zoning. Mr. Hill stated parking is not an
issue, there is plenty of off street parking available for the additional unit. Mr. Margolis asked if
the third unit would become part of the condo association and Mr. Hill confirmed.
Mr. Margolis stated from his own perspective the rear of the house where the addition is going
seems intrusive to the building next door and he is surprised they aren't here. Mr. Hill stated he
met with them and discussed the plans and they didn't have an issue with it.
Ms. Caldwell stated she is very familiar with this lot and it is common in this area. There are a
lot of multi unit homes in the area and the lot can support it. Ms. Caldwell stated she has noticed
a lot of upkeep with the property recently. Mr. Andrews agreed that it is a dense neighborhood
and it would fit in well. Mr. Andrews asked if the garage will be living space and Mr. Hill stated
one car garage space will remain and the other will be turned into a staircase and storage.
Ms. Caldwell asked for more information on the parking and Mr. Hill clarified where the six off
street parking spaces would be.
Mr. Margolis asked what the proposed top floor would be and Mr. Hill stated two bedrooms. Mr.
Battistelli asked for the make -up of the whole unit and Mr. Hill stated above the garage will be
an open concept living room/kitchen and half bath. The Third floor will have two bedrooms and
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one bath. It will be 1,216 square feet. The existing unit is almost 2,000 square feet. Mr.
Margolis asked if there is a way to make the building less tall and Mr. Hill stated he could find
out from his Architect. Mr. Margolis stated it just looks huge in proportion to the neighbor and
changing the pitch could solve that problem and he would feel better about this design if that
neighbor were here.
MOTION: Mr. Andrews move to close the public hearing. Second by Mr. Levasseur.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Variance at 32 Bartlett Street to
convert an existing noncomforming 2- family dwelling into a 3- family dwelling due to the
hardship being the size and shape of the lot, based on the plan submitted.
Second by Mr. Battistelli.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
Glovsky & Glovsky o/b /o Beverly Psychic
In a petition for a request for a Special Permit to install a second window sign for the business
in the second storefront window where only one window sign per business is permitted. The
property is located at 380 Cabot Street in the CN district.
Summer Evans addressed the Board and stated she would like to install a second window sign.
Ms. Evans went before the Design Review Board and the sign was approved. Mr. Andrews
stated the signs were nicely designed, they are inside the business.
Ms. Caldwell stated that she is in favor of this request as approved by the Design Review Board.
MOTION: Mr. Andrews moved to close the public hearing. Second by Mr. Levasseur.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to GRANT the Special Permit at 380 Cabot Street to
install a second 24" x 24" window sign where only one is allowed by right, as approved
by the Design Review Board. Second by Mr. Levasseur
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
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IV. OTHER BUSINESS
Approval of November 26, 2019 ZBA Minutes (Andrews)
MOTION: Mr. Andrews moved to approve the Minutes from the November 26, 2019
Zoning Board Meeting. Second by Mr. Battistelli.
Votes in Favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Margolis moved to adjourn the meeting at 8:15 pm.
Second by Mr. Levasseur.
All in favor.
Motion carries.
Respectfully submitted,
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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