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ZBA Minutes 5.20.2020City of Beverly Zoning Board of Appeals May 20, 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. Members Present Joel Margolis, Chairperson, Victoria Caldwell, Pamela Gougian, David Battistelli, Jim Levasseur, Margaret O'Brien, Kevin Andrews, alt., Stefano Basso, alt. Others Present Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location Google Meet Mr. Margolis began the meeting at 7:00 pm. and as a preliminary matter, stated the following: Before beginning the meeting, I would like to announce that this meeting is being recorded by the City of Beverly and livestreamed by BevCam on both Channel 99 and via BevCam's YouTube channel. I am confirming that all members and persons anticipated on the agenda are present and can hear me. Members, when I call your name, please respond in the affirmative. Staff, when I call your name, please r Anticipated speakers This Open Meeting of the Zoning Board of Appeals is being conducted remotely, consistent with Governor Baker's Executive order of March 12, 2020 due to the current State of Emergency in the Commonwealth due to the outbreak of COVID-19. In order to mitigate the transmission of the virus, we have been advised and directed by the Commonwealth to suspend public gatherings, and as such, the Governor's Order suspended the requirement of Open Meeting Law to have all meetings in a publicly accessible physical location. Further, all members of public bodies are allowed and encouraged to participate remotely. The Order allows public bodies to meet entirely remotely so long as adequate alternative public access is afforded so that the public can follow along with the deliberations of the meeting. Page 1 of 9 Ensuring public access does not ensure public participation unless such participating is required by law. This meeting may feature public comment. For this meeting, the Zoning Board of Appeals is convening by telephone and video conference via Google Hangouts as posted on the City's web site identifying how the public may join. Please note that this meeting is being recorded and televised live, and that some attendees are participating by video conference. Accordingly, please be aware that other participants or viewers may be able to see and hear you, and anything that you broadcast may be captured by the recording. You have the option to turn off your video if you are participating via computer. All participants should keep their microphones or phones muted unless recognized by the Chair to reduce background noise and feedback. Please wait until the person speaking has finished before speaking so we can clearly hear all participants. Meeting Materials Supporting materials that have been provided to members of this body are available from the Building Department. Please contact Building Inspector Steve Frederickson to request supporting materials. The public is encouraged to follow along using the posted agenda unless the Chair notes otherwise. Meeting Ground Rules We are not turning to the first item on the agenda. Before we do so, I will cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. • The Chair will introduce each speaker on the agenda. After they conclude their remarks, the Chair will invite Board members to provide any comment, questions, or motions. • Please remember to mute your phone or computer when you are not speaking. • You may mute yourself or be muted by the meeting host by clicking the microphone mute /unmute icon, pressing the mute button on your telephone, or by pressing *6 on your telephone keypad. • Please reserve the Chat function for technical difficulties and not for public comment. o Please remember to speak clearly and in a way that helps generate accurate minutes. For any response, please state your name and affiliation before speaking. Regarding public comment: o After members have spoken, the Chair will afford public comment as follows: • The Chair will first ask members of the public who wish to speak to identify their names and addresses only; • One the Chari has a list of all public commentators, I will call on each by name and afford 3 minutes for any comments. Page 2 of 9 • For those individuals present in person, please take care to speak loudly and clearly so the microphone associated with the webcam or telephone can effectively broadcast your comments to those participating remotely. • Finally, each vote taken I this meeting will be conducted by a roll call vote MEETING MINUTES L NEW PUBLIC HEARINGS A. Rachel Tessler In a petition for a request for a Special Permit to rebuild a nonconforming, detached garage that was destroyed by a wind storm in October 2019. New garage is to be the same size and location. The property is located at 70 Livingstone Avenue in the R10 zoning district. Dan Tessler stated they are requesting a Special Permit to rebuild a 16'x20' wide garage that was destroyed in a windstorm in October 2019. They are looking to rebuild the same size garage in the same location. Mr. Tessler stated they also sent a copy of the plan out to neighbors for any input and all of abutting neighbors replied with an email approval which was provided to the Board. No one spoke in favor or in opposition. Mr. Andrews asked if there are any differences between the current garage and the new garage. Mr. Tessler stated there is no difference, it has the same number of windows and doors. The goal is to make it exactly the same on the same footprint. Mr. Andrews stated he doesn't have any problem with the design, it fits in with the neighborhood. Mr. Battistelli asked for confirmation that 12 Harris is in support of the project and Mr. Tessler confirmed. Mr. Battistelli asked why the garage couldn't be moved a couple of feet to the right and Mr. Tessler stated they have a fairly small yard to begin with and the garage has been in that spot for so long. Mr. Battistelli asked if the abutting tree is theirs or their neighbors and Mr. Tessler stated its actually on both of their properties. Ms. Gougian shared the plans to the meeting. Ms. Gougian read the names of neighbor's and their addresses that sent emails in favor of the plans. Ms. Caldwell stated because he is rebuilding on the same footprint, she doesn't have a problem with it. Mr. Battistelli agreed. Page 3 of 9 MOTION: Mr. Andrews moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews) Motion carries. MOTION: Mr. Andrews moved to GRANT the Special Permit at 70 Livingstone Avenue to demolish the existing garage and replace with an identical structure on the same footprint, as it will not be more detrimental to the neighborhood, subject to the plans submitted. Second by Mr. Battistelli. Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews) Motion carries. B. Daniel Goodwin In a petition for a Special Permit to demolish an existing, nonconforming, single car garage with a side yard setback of 117, and replace it with a new single car garage with a side yard setback of 8.9', where 15' is required. The property is located at 10 Miller Road in the R15 zoning district. Bill Nolan, Architect spoke on behalf of the applicant and stated they did reach out to their neighbors, however, due to the pandemic they didn't get letters of support but the neighbors at 8, 9, 11 and 12 Miller Road are in favor. The existing cape style house was built in 1949 and they are looking to take the existing sunporch and turn it into living space, however the existing garage adjacent to it is in disrepair and they are uncomfortable attaching a new structure to it. They are looking to enclose the existing sunporch and create a mudroom and family room. The existing single car garage will be replaced with a slightly larger garage. The current garage is not suitable to house a car, it is very tight. The height of the new garage is lower than 8 feet. Mr. Nolan shared the plans. No one spoke in favor or against. Mr. Battistelli stated the drawings look like it will be gorgeous when they are done and it should increase the value of their home and those around them. Mr. Battistelli asked about the shed on the property and Mr. Nolan stated it will be removed. Ms. Caldwell stated she agrees with Mr. Battistelli, the plans are very tasteful and it will add to the families home and also their neighborhood. Mr. Basso stated it is reasonable, given the size of the lot they don't have a lot of options, the design looks great. Page 4 of 9 MOTION: Ms. Caldwell moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Caldwell, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 10 Miller Road to demolish the existing nonconforming garage with a side yard setback of 117 and replace with a new single car garage with a side yard setback of 8.9', where 15' is required, finding it is not more detrimental to the neighborhood, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Caldwell, Battistelli, Levasseur) Motion carries. II. MODIFICATION REQUEST A. Alexander & Femino o /b /o Daryl and Jan Houston Smith In a petition for a Modification of a Special Permit for an in -law apartment issued by the Zoning Board of Appeals on September 25, 2019 by replacing the owner occupants of the premises with the new owners, Daryl and Jan Houston Smith with the in -law apartment to be occupied by their nephew and wife, Derek and Emily Smith. The property is located at 90 Conant Street in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) stated the applicants have bought this property which the Board granted a Special Permit for an in -law in September 2019. The applicants are seeking the same approval, they are not making any changes. The applicants would occupy the house as their principal residence and the in -law would be occupied by their nephew and his wife. Atty. Alexander stated it satisfies all of the requirements of an in -law as deemed by this Board and there will be no changes, they just swapping out occupants. No one spoke in favor or against. Mr. Battistelli asked for clarification on what the Ordinance states regarding the relationship and Atty. Alexander stated it just says a `relative'. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 5 of 9 MOTION: Mr. Battistelli moved to GRANT the Modification request at 90 Conant Street to have the in -law occupied a nephew, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. III. CONTINUED PUBLIC HEARINGS A. John Mancini In a petition for a request for a Variance to build a 2 -story garage with a height of 20' and with a side setback of approximately 8.5', where 15' is required and with a front setback of approximately 17', where 20' is required. The property is located at 16 Harrison Avenue in the R10 zoning district. Mr. Margolis stated the applicant is looking for a continuance. No one spoke in favor or against. Mr. Battistelli stated he has seen the communications between the applicant and Ms. Harris and it looks as though the applicant is under the assumption that he only needs the neighbor's approval. Mr. Battistelli stated this has gone on for some time and the applicant should have to re -apply and re- advertise. Ms. Caldwell stated she is not keen on lengthy continuances but they have given continuances to those represented by counsel and she feels they should extend the same courtesy. Ms. Gougian agreed. Mr. Battistelli stated he doesn't feel comfortable hearing this application in June if it is heard remotely. MOTION: Mr. Andrews moved to close the public hearing. Ms. Caldwell seconded the Motion. Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, Andrews, Basso) Motion carries. MOTION: Ms. Caldwell moved to approve the request to continue the June 24, 2020 meeting. Mr. Andrews seconded the Motion Votes in favor 5 -0 (Caldwell, Gougian, Levasseur, Andrews, Basso) Motion carries. Mr. Margolis stated he would also like to hear this application at a live hearing, not remotely. Ms. Caldwell stated given the length of time here, notification should be sent to abutters. Page 6 of 9 B. Alexander & Femino o /b /o Christine Silva In a petition for a request for a Special Permit to tear down a pre- existing nonconforming 22'x 26' garage and replace it with a smaller 22'x26' garage (31.6% reduction in size) that is less nonconforming than the existing garage, the proposed garage being 21' from the rear lot line where the existing garage is only 3.6' and 15' from the side lot line where the existing garage is 14.9', remove the existing front and rear dormers and replace them with a new second floor above the existing first floor footprint of the dwelling. The property is located at 90 Bridge Street in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) stated he is here on behalf of applicant Christine Silva. Back in February they received feedback from this Board that the design was not favorable. They went back to the drawing board and redesigned it in a craftsman style to keep with the present architectural style and as a result they have been able to reduce the height from 35' to 28' and they have also been able to articulate the front with more depth by using both cedar siding and traditional siding. The entrance doors and the garage doors have been replaced with craftsman style doors. The windows on the front facade are also framed in traditional craftsman style. They had originally had issues reaching out to neighbors but have taken this time to speak with many of them and have received letters in support. Atty. Alexander stated the design suggestions by the Board will improve the house more. The setbacks have been also been moved back from the lot lines and will have less of an impact in the neighborhood. No one spoke in favor or against. Mr. Battistelli asked what the changes are from the new plans to the original plans. Saverio stated they took the ZBA's feedback and what they came up with is more in line with the neighborhood and also the history of the neighborhood. They brought the height down lower than the existing structure and also added gables to the roofline and cedar shingles. Mr. Margolis agreed it has a better appearance that what was previously represented. Mr. Andrews agreed that it has dimension and is improvement from the last design. Mr. Basso stated he doesn't see much improvement, it's still a 2 -story box. Saverio stated they changed all the windows, doors, railings, the roof, it's a dramatic difference. Atty. Alexander stated the rear setback is also greatly improved from 3.6' to 19'. Atty. Alexander stated the standard is that it is not substantially more detrimental than what is currently there. There is a difference of opinion regarding design but it won't be more detrimental than what is currently there, it will be an improvement. Page 7 of 9 Public Steven Miller stated he lives across the street and stated he does appreciate the Board's looking at this. Mr. Miller stated he did talk with Saverio months ago but he did not receive a copy of the plans or get the chance to approve this. Ms. Gougian stated it still has a flat frontage even with the bit of cropping above the door. Saverio confirmed and stated they have also added a roofline that separates the first floor from the second floor. Ms. Caldwell showed what the previous plans submitted looked like. Atty. Alexander stated the volume is increased 25 %, the ordinance allows for 50 %. Mr. Basso stated the height doesn't bother him, it's the design that is very front heavy, there is no relief on that. Mr. Basso provided suggestions to break up the side wall and to make it more of a dormer. Mr. Basso stated it needs to be broken up a bit and pulled back from the street, the corner is really heavy. Saverio stated moving the house back would come at a significant expense so they are trying to work within the current footprint and maximize the space. Mr. Basso asked if they could gain more square footage above the garage. Saverio stated they were keeping with the single family look but if the Board would be amenable to two doors they could play with that. Saverio stated they have lost a significant amount of time and money waiting for approval for this project. The home is in significant disrepair. Mr. Margolis stated they cannot give approval without seeing the final plans. Mr. Basso stated they want to see the project happen it just has to be the right design. Mr. Andrews stated this isn't really about design it's about decreasing the volume. Atty. Alexander stated his client is financially strapped and while the design is not perfect by some views, it is significantly better than what is there and it satisfies the criteria of not be more detrimental to the neighborhood. The neighborhood is overwhelmingly in favor of this project. The property is in such disrepair, it needs to be torn down. The applicant reduced the size of the building as requested and added a lot of details. It's significantly improved and they are really hoping for an approval so they can get started on this project, it has really been delayed. Atty. Alexander stated he would like to get a sense from the Board if they should move forward with a vote. Mr. Levasseur stated the applicant did make a lot of changes and personal preferences is just that. Mr. Levasseur stated he thinks the design looks nice and they have always paid close attention to what the neighbors and abutters feel about a project, Atty. Alexander has shown us its overwhelmingly supported and with all that support, Mr. Levasseur stated he is in favor of the proj ect. Page 8 of 9 Ms. Caldwell stated she does feel the applicant was responsive to what the Board asked for. Ms. Caldwell stated the garage extension will look better than what is there now and she would vote yes on this tonight even though it's not her favorite design. Mr. Battistelli stated he agrees with Mr. Levasseur. Ms. Gougian stated she was really on the fence with this, she hates to see this lovely building transformed into a box but she does agree with Mr. Levasseur that the applicant did come back with a responsive new design. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 90 Bridge Street to tear down the existing nonconforming garage and replace with a smaller garage and make the addition to the existing house based on the revised plans submitted on 5.20.2020. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. IV. OTHER BUSINESS A. MINUTES MOTION: Ms. Caldwell moved to approve the Minutes from the February 2020 meeting. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. O'Brien moved to adjourn the meeting at 9pm. Ms. Caldwell seconded the Motion. All in favor. Motion carries. Page 9 of 9