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ZBA Minutes July 22, 2020City of Beverly Zoning Board of Appeals July 22, 2020 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, Pamela Gougian, David Battistelli, Jim Levasseur, Margaret O'Brien, alt, Kevin Andrews, alt. Stefano Basso, alt. Members Absent Victoria Caldwell 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 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. 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. o Please remember to mute your phone or computer when you are not speaking. o You may mute yourself or be muted by the meeting host by clicking the micro- phone mute /unmute icon, pressing the mute button on your telephone, or by press- ing *6 on your telephone keypad. o Please reserve the Chat function for technical difficulties and not for public com- ment. o Please remember to speak clearly and in a way that helps generate accurate min- utes. 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 iden- tify 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 10 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. Jennifer Martyn d /b /a The Tile Source In a petition for a Variance to allow for the location of her 6,348 s.f business involving tile sales, design, storage of product and distribution of tile and other masonry flooring and wall surface materials. The property is located at 32 Dunham Road in the IR zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he represents Jennifer Martyn d /b /a The Tile Source and she has leased a 6,300 sq. ft. space at 32 Dunham Road which is the old Salem News building. The building has existed for over 50 years and the property is in the IR zoning district which allows manufacturing and processing of materials. It also accommodates some uses that would be tough given its approximation to the single family neighborhood. The building owner has been sensitive to that and feels this tenant's business is a good fit for the neighborhood. Atty. Alexander stated they did meet with neighbors, including close abutters and explained how the tile business works. Ms. Martyn has been in operation at the Cummings Center with just herself, her husband and one employee. There is a showroom where people can come in and look at samples and get design ideas. The whole building itself has a 37,000 sq. ft. footprint that was designed for newspaper distribution and it does not lend itself to many other uses. This is an industrial district that abuts, and is partly surrounded by, single family homes. Atty. Alexander stated this is a use that would work well in this particular situation. Atty. Alexander provided a list and abutter map of abutters in support. Atty. Alexander stated to not allow this use would create a hardship to the building, the owner and the neighbors because this is business would be compatible with this area. No one spoke in favor or against. Mr. Margolis asked what the future plan is for signage for the entire building and Atty. Alexander stated there are no plans at this time. Mr. Andrews stated given this location a tile company would be a good choice. Mr. Margolis agreed. Page 3 of 10 0 Ms. Gougian asked how often there would be deliveries of tile. Atty. Alexander stated they don't deliver before 8:30am or deliver past 5 -6pm. Ms. Gougian asked if there are four different companies delivering tile will there be four different deliveries or if they come from one distributor. Ms. Martyn stated they do have about 10 -12 deliveries each week but some days there are may be 2 or 3 trucks and other days there are none. Ms. Martyn stated they do try to consolidate deliveries. Ms. Gougian asked Atty. Alexander how many tenants are in the building and how it is divided. Atty. Alexander stated there are 12 units. A moving company is going in which is utilizing 3 of those units, so there may be 3 additional tenants. Ms. Gougian stated she will take The Tile Source into consideration for other companies looking to rent space that will also have deliveries being made. The building owner elaborated on the breakdown of the units. Mr. Battistelli stated he can understand how a meeting with the neighbors would have gone well with this type of usage. Mr. Battistelli stated he is sensitive to the neighborhoods along Dunham Road and he understands the importance of buffering these neighbors and this use seems like it would have minimal impact. MOTION: Mr. Levasseur moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso) Motion carries. Mr. Battistelli stated he doesn't consider this property to be on 128 and he would not want this Board to think of it that way. MOTION: Ms. Gougian moved to GRANT a Variance to The Tile Source at 32 Dunham Road to allow the business involving tile sales, design, storage of product and distribution of tile and other masonry flooring and wall surface materials, with a hardship created by the size and location of this building where an enforcement of the zoning ordinance would cause harm to the building owner and the surrounding neighbors, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso) Motion carries. B. Jacob Lindmark In a petition for a request for a Special Permit to construct a right side entryway and covered porch, with a right side setback of 12.5', where 15' is required. The property is located at 16 Winslow Road in the R -10 zoning district. Ken Savoie, Architect stated he is attending with Jake Lindmark and also Rebecca Barden from his office. Mr. Savoie stated after discussions with Mr. Frederickson it was determined the deck meets the side set back and could be built by right. Page 4 of 10 0 The issue is the enclosed entry on the right side of the house. Currently there is currently a deck on that side that will be removed and they will construct an enclosed entry way approximately 6' off of the house and 15' long. It will have a covered porch and it will meet the front setback, it will be 12' out from the side line. This change requires a Special Permit even though it is reducing the nonconformity of the house. No one spoke in favor or against. Ms. O'Brien stated there is a lot of space on those lots and so she doesn't think the setback is a problem, it will be a nice addition to the house and all the neighbors are in favor. MOTION: Mr. Levasseur moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, O'Brien) Motion carries. Mr. Battistelli stated the applicant is requesting minimal relief, the project itself will be helpful to the neighborhood property values. MOTION: Ms. Gougian moved to GRANT the Special Permit at 16 Winslow Road to construct a right side entryway and covered porch, with a right side setback of 12.5', where 15' is required, subject to the plans submitted. Ms. O'Brien seconded the Motion. Votes in favor Margolis, Gougian, Battistelli, Levasseur, O'Brien Motion carries. C. Oliver Bejarano In a petition for a request for a Finding to construct a vertical addition which conforms to the height requirements, to a house which is presently nonconforming with respect to the front yard and one side yard setback. The property is located at 14 Beckford Street in the RMD zoning district. Oliver Bejarano stated this is an attic renovation, there won't be any expansion to the general footprint of the house. They are looking to replace the roof system with a system that allows for additional square footage. It will remain a single family residence. The appearance of the front of the house will be similar, it will be a front facing gable. Mr. Bejarano stated he has signatures from all abutters as well as a written letter from 12 Beckford Street in favor of the project. No one spoke in favor or against. Mr. Andrews asked for more information on the roofing system. Mr. Margolis asked what the height of the building will be and Mr. Bejarano stated 35'. Ms. O'Brien stated Beckford Street is turning into a nice area as everyone is fixing up their Page 5 of 10 houses. Ms. O'Brien asked if Mr. Bejarano has approval from his Gage Street abutter. Mr. Bejarano explained the double lots and the layout of the abutting yards and stated it is not a visual impact for the neighbors. Ms. Gougian asked if the neighbors on Gage Street signed the petition and Mr. Bejarano stated they did not. Ms. Gougian stated there are some beautiful homes on Beckford Street that are in need of repairs but they still maintain their architectural integrity and she asked if he is going to add or replace the siding and the moldings. Mr. Bejarano stated they chose an architectural design to maintain the visual appeal and they will be residing the entire house. They will have exterior window casings. Mr. Andrews stated keeping a pitched roof is a good idea, the addition doesn't stand out to other houses at the streetscape side. MOTION: Mr. Andrews moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. MOTION: Mr. Andrews moved to Grant a Finding at 14 Beckford Street to construct a vertical addition that conforms to the height requirements on a nonconforming house, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. D. Robert Gulla o /b /o Ali Akanda & Sayema Hug In a petition for a request for a Special Permit to construct a new garage addition in the space of an existing nonconforming garage. New garage will be no closer to lot lines than existing garage The property is located at 15 Princeton Avenue in the R10 zoning district. Robert Gulla, Architect requested to withdraw the application without prejudice. MOTION: Mr. Andrews moved to accept the request to Withdraw Without Prejudice the application for 15 Princeton Avenue. Ms. Gougian seconded the Motion. Votes in favor 5 -0 ( Gougian, Battistelli, Levasseur, Andrews, Margolis) Motion carries. Page 6 of 10 E. Glovsky & Glovsky o /b /o Nicholas and Jennifer Lamson In a petition for a Special Permit and Finding to expand an existing nonconforming single family dwelling by more than 25% in an R -90 zone. Applicant proposes to add 940 square feet of living area over a new attached garage and existing deck area. The proposed expanded area conforms to current setbacks. No new nonconformities are proposed. The existing dwelling and lot are nonconforming as to front setback, frontage and lot area. The property is located at 5 Leather Lane in the R90 zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) stated the owner Nicolas Lamson as well as the Architect Art Dioli are present. Atty. Dissette stated they are looking to expand a modestly designed house that is presently 1,600 square feet to create additional living space up to 2,540 sq. ft. which is over a 50% increase. The new footprint complies will all setbacks. The 3 nonconformities that require the Special Permit are the lot area (21,895 sq. Ft) in an R90 zone, the 125' frontage where 225' is required and the front setback on the existing house is 11.7' where 30' is required. The project itself is sensitive to the neighborhood in size and style and they are not creating any new nonconformities. At the rear of the house will be a new deck and a screened in porch. The applicants have reached out to all of the abutters and have received no negative feedback. There are two letters included in the application from two of the immediate abutters who support the project. The photos submitted also show the immediate abutter to the right at 3 Leather Lane has a similar expansion on the other side of their property. They have had their first meeting with the ConCom. No one spoke in favor or against. Mr. Margolis asked Mr. Frederickson if they are looking for both a Special Permit and a Finding. Mr. Frederickson stated the Ordinance requires a Special Permit. Atty. Dissette clarified they are requesting both a Finding and a Special Permit. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battstelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Finding at 5 Leather Lane to expand an existing nonconforming single family dwelling by more than 25% by building 944 sq. ft. of living area with an attached garage and deck, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso) Motion carries. Page 7 of 10 MOTION: Mr. Levasseur moved to GRANT a Special Permit at 5 Leather Lane to construct an additional 940 square feet of living area over a new attached garage and existing deck area, based on the plans submitted. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Basso) Motion carries. F. Sign Art o/b /o 10 Congress Street Owners LLC In a petition for a request for a Special Permit to install a freestanding sign for the Sedna Apartment Building Project. The property is located at 12 Congress Street in the WDR zoning district. Andy Layman (Sign Art) addressed the Board and stated they do not yet have Design Review Board approval. Mr. Margolis stated there was a lot of discussion on this request, the drawings are not a true representation of what is being proposed and the Design Review Board asked them to come back with a redesign. MOTION: Mr. Andrews moved to GRANT the request to continue 12 Congress Street to a later meeting with Design Review Board recommendation. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. II. MODIFICATION A. 106 and 108 Bridge Street Original Request In a petition for a request for a Variance to allow a side setback of 8 feet, where 15 feet is required (existing building is 7.2 feet from the side property line) and a rear yard setback of 15 feet, where 25 feet is required (existing garage, to be removed, is 8 feet from the rear lot line) and a Finding to reconfigure the 2 existing nonconforming lots such that 108 Bridge Street (Lot A) is increased from 4,314 square feet to 6,153 square feet (Lot A -1) and 106 Bridge Street (Lot B) is decreased from 6,386 square feet to 4,548 square feet (Lot B -1) to allow for an addition to the existing building at 108 Bridge Street to accommodate four residential townhouse units, all having two parking spaces each, and a Use Variance to allow all of the building to be residential use, without attachment to a commercial building. The property is located at 106 and 108 Bridge Street in the CN zoning district. David Cutler addressed the Board and stated this project was originally approved in September 2019. There was a couple of parking conditions on the original approval that were addressed last year with the engineer. They have submitted minor revisions to the plans. No one spoke in favor or in opposition. Mr. Cutler stated they added outdoor space with porches on units 1 -4 and also a 7' deck on the Page 8 of 10 right side of the property. Mr. Cutler stated they were unable to locate the window material specified but they did find comparable Andersen windows. The exterior will remain the same, just a different manufacturer. Ms. Gougian asked Mr. Cutler what the specific modifications are. Mr. Frederickson stated he has never seen the Board specify a manufacturer and that is not something he would send them back before the Board for. The Board is more concerned with the appearance regarding the porches and decks. Mr. Battistelli asked if the square footage of the end unit is larger than before and Mr. Cutler confirmed and stated the first floor did increase by 100 sq. ft. Ms. O'Brien stated she is okay with the plans as Mr. Cutler has described them. Mr. Andrews asked if the Board can condition the approval so that a door is added to the rear elevation instead of requesting new plans. Mr. Frederickson stated that a condition would be ok with him. MOTION: Mr. Andrews moved to close the public hearing. \Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. MOTION: Mr. Andrews moved to accept the proposal as a Minor Modification on 106 -108 Bridge Street with the condition that an egress is added to the rear elevation to each unit from the garage, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Gougian, Battistelli, Levasseur, Andrews) Motion carries. III. OTHER BUSINESS Approval of May 20, 2020 ZBA Minutes (Andrews) MOTION: Mr. Andrews moved to accept the Minutes from May 20, 2020 Zoning Board of Appeals meeting. Ms. O'Brien second the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Gougian, Levasseur, Andrews) Motion carries. Approval of June 24, 2020 ZBA Minutes (Battistelli) MOTION: Mr. Battistelli moved to accept the Minutes from June 24, 2020 Zoning Board of Appeals meeting. Ms. O'Brien second the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Gougian, Levasseur, Andrews) Motion carries. Page 9 of 10 MOTION: Mr. Margolis adjourned the meeting at 8:43pm. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 10 of 10