Loading...
ZBA Minutes November 24, 2020 remote City of Beverly—Public Meeting Ground Rules This Open Meeting is being conducted remotely, consistent with Governor Baker's Executive Order of March 12, 2020, in response to the outbreak of COVID-19, which allows public bodies to meet entirely remotely so long as adequate alternative public access is afforded. • Other participants or viewers may be able to see and hear you. You have the option to turn off your video if you are participating via computer. • Mute microphones or phones unless recognized by the Chair to reduce background noise and feedback. Mute yourself by clicking the microphone mute/unmute icon at the bottom of the screen, pressing the mute button on your telephone, or by pressing *6 on your telephone keypad. The host may mute you. • Use the Chat function for technical difficulties and to indicate you'd speak and not for public comment. • Wait until the person speaking has finished before speaking so we can clearly hear all participants. • State your name and address or affiliation before speaking. • Speak clearly, loudly, and in a way that helps generate accurate minutes. • Regarding public comment: •After speakers conclude, the Chair will invite Board members to provide comment, questions, or motions. •After members have spoken, the Chair may 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; you may also write "me" in the chat function. • Once the Chair has a list of all public commenters, she will call on each by name. • Public comment is at the Chair's discretion unless required by law (such as a public hearing). City of Beverly Zoning Board of Appeals November 24, 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, Victoria Caldwell, Pamela Gougian, David Battistelli, Margaret O'Brien, alt., Stefano Basso, alt. Members Absent: Jim Levasseur, Kevin Andrews, alt. Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: Remote 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 respond in the affirmative. • Anticipated speakers L EXTENSION REQUEST Mary Beth Bullock Original request June 26,2019: In a petition for a request for a Special Permit to replace an existing nonconforming metal garage with an 18' high wood framed garage with a side setback of 1.6', where 15' is required and a rear setback of 5', where 25' is required. The property is located at 9 Woodbury Street in the R10 zoning district. *applicant seeking extension of Special Permit The applicant did not attend the meeting. IL NEW PUBLIC HEARINGS A. Jonathan Palm In a petition for a request for a Special Permit to construct an 18' x 20' 2-story left side addition with a front setback of 9.3' where 20' is required. Addition will be 2' further from the street than the existing house. The property is located at 10 County Way in the R10 zoning district. Page 2 of 12 Mr. Palm addressed the Board and stated they are looking to add a left side addition to their existing home. The addition will be set two feet further back from the street than the existing house. No one spoke in favor or against. Ms. Gougian stated the Board received letters in favor of the application. Mr. Battistelli read the letter into the record. MOTION: Ms. Gougian moved to close the public hearing. Ms. O'Brien seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Ms. O'Brien moved to GRANT a Special Permit at 10 County Way for an 18' x 20' 2-story left side addition with a front setback of 9.3', the addition will be 2' further from the street than the existing house, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. Alexander & Femino o/b/o David and Elizabeth Ekstrom In a petition for a request for a Special Permit and Variance to allow a single floor addition attached to the existing house which will accommodate a two car garage in the front and a sunroom in the rear on a lot that is legally nonconforming as to one side setback (11.06 ft. where 15' is required) and the front yard setback (29.59'where 30' is required). The addition will be set back 13.5 feet(15'provided for in the Zoning Ordinance) from the side lot line and 23.59' (30'provided for in the Zoning Ordinance) from the lot line. The property is located at 16 Hathaway Avenue in the R15 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board on behalf of the applicants and stated this is a nonconforming home in the R15 zone. The applicants are seeking to tear down the existing covered left side porch and replace it with a one story two car garage. At the rear of the garage will be a sunroom. The right side of the house is 11.06' from the side lot line and the front is 29.59', where 30 is required in the front. The Variance request is minimal at 1.5'. The rear of the addition will be the full 15' due to the angle of the house making one corner of the garage slightly nonconforming. The proposed front of it would be 23'from the front lot line. This house does not have a sidewalk in front. Atty. Alexander provided an aerial map showing their direct abutter is closer to the lot lines than what they are proposing. There are many houses in the neighborhood where this is the case as is with older neighborhoods in Beverly. The lot is somewhat narrow and the configuration of the house is at an angle causing one corner of the garage to be nonconforming. The existing Page 3 of 12 building on the lot makes it difficult to get a garage on the property. The request satisfies the requirements for a Special Permit, it is not more detrimental to the neighborhood. Atty. Alexander provided a petition signed by 17 abutters in favor including direct abutters. No one spoke in favor or against. Ms. Gougian asked if there was a shed behind the couch and Mr. Ekstrom confirmed. Mr. Battistelli stated they are asking for minimal relief and they have support from direct and surrounding abutters. Mr. Battistelli stated he thinks this will add value to the neighborhood. MOTION: Ms. O'Brien moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Ms. O'Brien moved to GRANT the Variance at 16 Hathaway Avenue to construct a one story addition that will be nonconforming in one corner due to a hardship created by the narrow shape of the lot and the location of the existing house on the lot, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Ms. O'Brien moved to GRANT the Special Permit at 16 Hathaway Avenue to allow a single floor addition attached to the existing house which will accommodate a two car garage in the front and a sunroom in the rear on a lot set back 13.5 feet from the side lot line and 23.59'from the rear lot line, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. Mirek and Alena Poupe In a petition for a request for a Special Permit to construct a 2nd floor addition on existing non- conforming house. Existing house has a right side setback of 14.5', where 15' is required. The property is located at 195 Brimbal Avenue in the R10 zoning district. Khouri Rice (contractor) addressed the Board on behalf of the applicants and stated they are looking to add a second story to their existing nonconforming cape. They are a family of five with three young kids and the house is getting cramped and so the extra space will make it easier. The addition fits in with the neighborhood, most of the other homes are 1 1/z or 2 stories. No one spoke in favor or against. Page 4 of 12 Mr. Margolis asked what the height of the ridge will be and Mr. Rice stated 29'. Mr. Rice stated the home owners have spoke to the neighbors but they didn't know how to send a letter in favor. Ms. Gougian asked what the siding will be on the addition and Mr. Rice stated vinyl siding. Ms. O'Brien stated they are requesting minimal relief and people do this to capes all the time. It satisfies the criteria for a special permit and she has no objection. Mr. Battistelli agreed with Ms. O'Brien that it's a minimal request at half a foot and it will be beneficial to the neighborhood. MOTION: Ms. O'Brien moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Ms. O'Brien moved to GRANT the Special Permit at 195 Brimbal Avenue to construct a 2nd floor addition on the existing non-conforming house as 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, Battistelli, O' Brien, Basso) Motion carries. Angelica Rossi In a petition for a request for a Special Permit to authorize the reconstruction and enlargement of an existing accessory garage which is nonconforming as to height as well as rear and right side setbacks. The proposed garage will be expanded by 2' in depth but will maintain the existing nonconforming 4' right side setback, where 10 is required, the existing 4'rear setback, where 25' is required and the existing height of 12.6'. No new nonconformities will be created. The property is located at 16 Atlantic Avenue in the R6 zoning district. Stefano Basso recused himself. Alfred and Angelica Rossi addressed the Board and stated there is currently a three car sheet metal garage in the far right hand corner of the property that does not meet setbacks. The applicants would like to extend the garage two feet to the front which will not impede the front or rear setbacks. It will be used for storage. The building will not be any wider or taller but it will be two feet deeper in the front. A petition signed in favor by four abutters has been submitted. The neighboring abutters all have garages in the back corners of their property and it has worked out well that they are all in the back corner. The applicants have owned this property for many years but they currently live in Manchester, however, they are moving back to the property to occupy the first floor. Page 5 of 12 No one spoke in favor or against. Ms. O'Brien asked for clarification that there will be six parking spaces and Mr. Rossi stated there are currently six parking spaces but there was a tree that was cracked in the last storm and so they are going to pave the area and not have to park tandem. MOTION: Ms. O'Brien moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 4-0 (Margolis, Gougian, Battistelli, O' Brien) Motion carries. MOTION: Ms. O'Brien moved to GRANT the Special Permit at 16 Atlantic Avenue to reconstruct and enlarge the existing nonconforming garage by 2' creating no new nonconformities as it its not more detrimental to the neighborhood, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 4-0 (Margolis, Gougian, Battistelli, O' Brien) Motion carries. Glovskv & Glovskv o/b/o The Lone Game, LLC In a petition for a request to Amend a Variance to allow a change in use from a mixed-use motel containing 20 motel suites, 2 apartments and 22 parking spaces to a 22-unit apartment building with 22 parking spaces. The property is located at 5 Lakeview Avenue in the R10 zoning district. Stefano Basso recused himself. Miranda Gooding, Esq. (Glovskv & Glovsky) addressed the Board on behalf of the applicants and shared the Site Plan of the property. The portion of the property subject to the petition is the motel structure. It is a 12,800 sq. ft. lot with a 2-story hotel structure attached by a breezeway which contains the management office, a studio apartment and a one bedroom apartment. The property is in common ownership with 7 Lakeview Avenue which is a multi-family rental home. The properties share a parking area with a total of 30 spaces, with 20 for the hotel. This property is located on the edge of the CN district, a heavily trafficked area in Beverly. The property has been operated as a hotel since 1969. The building used as apartments in the 1940s before zoning and in 1969 the owners at that time applied to the ZBA and received a use variance to convert it to a hotel. They are requesting zoning relief at 5 Lakeview Avenue and they are asking to amend the existing use variance back to its original use which was multi family. The owners live next door at 20 Enon Street and run the hotel. Atty. Gooding stated when Covid hit this year the long time owner made the decision to close the hotel and sell the property. The buyers of the property have a hotel on Cape Ann and they are well aware of what it takes to make a small hotel work and the investment of time needed. The owner approached his lender to purchase the property and was told there is no appetite for this type of investment for the foreseeable future. Page 6 of 12 Atty. Gooding stated they appreciate that there are abutters who are concerned with the application and have submitted letters and are present tonight. Atty. Gooding stated if the application is allowed the existing motel rooms would be converted to permanent 12 month leased apartments which would bring stability to the neighborhood. Each apartment would have one assigned parking space. These apartments are only 400-490 sq. feet and it is perfectly reasonable to anticipate they will be single occupied units with one car. The property is directly across the street from the commuter rail and the ideal candidate will be a commuter. Atty. Gooding stated if the application is granted they will have to comply with current zoning and 60% will be affordable units which provides something the City is sorely lacking and wanting to approve upon. It is a high priority on the City's Master Plan. It should be recognized that providing this type of reasonably priced housing will increase the inventory and diversity of housing within the City. Atty. Gooding stated the property will be professional managed and they will be sprucing up the exterior and giving the landscaping a make over. Atty. Gooding stated this is an approachable group and they are interested in hearing from neighbors. The applicants have attempted to reach out to abutters. Atty. Gooding stated the hardship for this property was established in 1964 when the existing Variance was granted. They are requesting less relief than what was previously granted. If the Board were to deny the request for a Variance given the current market the owner does not have a good economic use of this property as the existing use which is a hotel. Chris Pitman, 10 Lakeview Avenue stated he lives in Beverly with his wife and three kids. When the neighborhood found out the motel was for sale and looking to be turned into apartments there was concern. They all met and discussed the new project and everyone voiced their concerns. Mr. Pitman submitted a letter with exhibits in opposition. Mr. Pitman reviewed the potential parking issues. Mr. Pitman is requesting the Board to not grant a high density use in an R10 zoning district. Alan Simons, 14 Lakeview Avenue stated they live at the lake end of the avenue where it joins with Persian avenue. These are narrow streets and he is concerned about traffic and parking. Yvonne Rep, 6 Lakeview Avenue stated if this was an apartment in the 1940s it would be very different than now. There is more happening on Enon Street now. The motel has always been kept up very nicely mainly because the owners were right there. It would go from a close-knit neighborhood to potential adding 40 people that aren't invested in the neighborhood. Tom Fallon 26 Pershing Avenue reviewed the requirements for a Variance and stated they do not apply to this application. There has been no discussion of the shape of the lot, soil conditions or Page 7 of 12 topography. Mr. Fallon stated Variances are supposed to be granted sparingly, this is a single family district. Mr. Fallon is concerned about increasing the volume of traffic in the area. Kerri Combs, 6 Hoover Avenue stated Hoover Avenue is a single lane street and it is very tight with all the cars already parked there. Ms. Combs is concerned about 22 people adding to the volume. The only people that can really use the street are in the neighborhood and she feels its too many units with the configurations of the streets. Jason Ciruolo, 8 Lakeiew Avenue stated him and his wife have been in the neighborhood for five years and have signed the letter in opposition of this project. Rob Levin 6 Lakeside Avenue stated he also signed the letter in opposition. Mr. Levin stated the application discusses prior uses and today is a different time and different factors apply. Loring Merrow, 4 Lakeside Avenue stated him and his wife have been in the neighborhood for 39 years and he agrees with what has been said. Kathleen Feldman City Council (Ward 5) stated she is not an abutter but she lives close by and many residents in that area have reached out to her. The neighbors are very reasonable and they are not opposed to convert the space into something smaller. Ms. Feldman stated she shares their concerns relating to parking and agrees the scope of the project doesn't fit in with the neighborhood with the size of the streets and the amount of off street parking. Peter Lutts (applicant) stated they are not changing anything with the current motel. All the rooms are essentially set up as apartments. If this property was used as a motel it could be marketed as extended stays. Atty. Gooding stated Mr. Lutts makes an excellent point. Listening to the concerns expressed by abutters there is an anticipated change in how they experience their neighborhood by conversion of this property to long term rental. With different motel operators, the frequency of cars coming in and out of Lakeview Avenue could far exceed what you would have with 22 long term apartments with folks who have one car. These are extremely small apartments, there aren't going to be parties there. The building is already there, the general use is already there. Mr. Margolis stated Beverly is desperately in need of hotel rooms and that is what these are. The expectations of a room with a 12 month rental is not going to happen. Effectively its going to be a rooming house. We aren't always going to have COVID-19 and he would rather see this as a hotel. Mr. Margolis asked if 5 and 7 Lakeview are now being merged. Atty. Gooding stated she doesn't believe they are merged because they were previously improved lots. Mr. Margolis stated the density would be drastically affected in that area. Ms. O'Brien stated she thinks if the units are leased there will likely be two cars whereas when people go to hotels they tend to go in one car. The likelihood of parties might be slim but if there Page 8 of 12 are singles in these units there may be a parry atmosphere. Ms. O'Brien stated she agrees with the neighbors and their objections. Ms. Gougian stated looking at Variance guidelines she can see how the petitioner would consider this a minimal request. Ms. Gougian stated there is no question that traffic will increase, its not in harmony with the neighborhood, it doesn't meet any hardship as it relates to the land. Ms. Gougian stated she is having a hard time getting past all of these things. Mr. Battistelli stated he grew up in North Beverly and he delivered papers to this building and there were people that lived there for an extended time. Mr. Battistelli asked for information on the rooms in the basement. Brenda Spence stated they have had guests stay well over a year. They have had workers who have come in and rented by the week but have stayed 6-8 months. Ms. Spence stated they have tried very hard to be selective as to who they rent to and she feels they maintained a lovely property. Ms. Spence explained how to access the garden level units in the basement. Mr. Battistelli stated he thinks the size of the units could appeal to older people. Atty. Gooding sated there is a real need for micro units near mass transit. Ms. Rep asked if Mr. Lutts approached the owners or did they did try and sell the building as a hotel, otherwise this isn't a hardship. Atty. Gooding requested to continue the applicant to the January meeting. Mr. Battistelli stated he doesn't think its fair to tie this property up and asked what the Board would think if the basement was turned into storage to reduce the number of units. Mr. Margolis stated that is something they can bring up at the January meeting. Mr. Lutts asked Mr. Margolis what his thoughts are on it going back to the original 15 units. Ms. O'Brien suggested getting in touch with neighbors to see what they are think about different ideas they may have. Mr. Margolis agreed and stated he is always in favor of a neighborhood meeting. MOTION: Ms. O'Brien moved to continue the application to the January 27, 2021 meeting, subject to the signing of a Waiver and Agreement. Mr. Battistelli seconded the Motion. Votes in favor: 4-0 (Margolis, Gougian, Battistelli, O' Brien) Motion carries. Page 9 of 12 Daniel Weinrebe In a petition for a request for a Special Permit and Variance to construct an 8' x 15-9" porch at the front of an existing nonconforming house. Porch will maintain the right side setback of 11.5' where 15' is required (Special Permit) and will have a front setback of 14.8' where 20' is required (Variance). The property is located at 30 Bertram Street in the R10 zoning district. Mr. Weinrebe stated they would like to expand the existing nonconforming front platform to accommodate seating. They want to extend the platform 3.2'further into the setback and 2' towards the right set back but it won't exceed the house. It currently does not have a roof on it. There are five other homes on their street with an open porch. They have submitted a petition from neighbors in favor. Mr. Weinrebe stated the way the house is built he couldn't put a roof over the current platform. No one spoke in favor or against. Mr. Basso stated it is refreshing to have someone put a front porch on their house. Ms. Gougian stated it looks good to her. Ms. O'Brien stated it is a minimal request and it looks very nice. MOTION: Ms. O'Brien moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Ms. O'Brien moved to GRANT the Special Permit at 30 Bertram Street, to construct an 8' x 15-9" porch at the front of an existing nonconforming house, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Ms. O'Brien moved to the GRANT the Variance at 30 Bertram Street due to the hardship of the existing structure on the lot, subject to the plans submitted. Ms. Basso seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. James Carnazza In a petition for a request for a Special Permit to construct front dormers on existing nonconforming house with respect to front and side setbacks, and to construct a 14' x 16' 1-story rear addition with a left side setback of 10.5', where 15' is required. Addition will be no closer to left side line than existing house. The property is located at 40 Cogswell Avenue in the R15 zoning district. Page 10 of 12 James Carnazza addressed the Board and stated they have been here about 5 years now and have expanded their family. They are looking to add on a 14'xl6'family room at the rear of the property. They are looking to add front dormers as well. It's a nonconforming property. Mr. Carnazza submitted a letter in favor from an abutter. No one spoke in favor or in opposition. Ms. O'Brien stated the position of the house on the lot is nonconforming and it limits their possibility. The nonconformity is not going to increase. They have a big back yard and it satisfies the requirements for a Special Permit. Mr. Margolis agreed. MOTION: Ms. O'Brien moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. Ms. Gougian asked for clarification on the rear dormer and Mr. Carnazza stated they were told by the building inspector that the rear dormer is by right. MOTION: Ms. O'Brien moved to GRANT the Special Permit at 40 Cogswell Avenue to construct front dormers and a 14' x 16' 1-story rear addition with a left side setback of 10.5', subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. CONTINUED PUBLIC HEARING Handle & Cox o/b/o Greenhouse Naturals, LLC In a petition for a request for a Special Permit to operate a marijuana establishment for retail distribution of cannabis and related products to recreational customers. The property is located at 13 Enon Street in the CG zoning district. Marshall Handly, Esq. (Handly & Cox) addressed the Board and stated they are aided in this process by the City's checklist and they have been working with Ms. Hutchings. Atty. Marshall referenced a letter addressed to Ms. Hutchings dated November 16, 2020 and read it into the record. Atty. Handly reviewed the documents submitted as they satisfy each of the required items on the checklist. No one spoke ok favor or against. Ms. O'Brien stated she totaled the hours they would be open as 79 hours a week which is similar Page 11 of 12 to the two places that are open in Salem. The hours are a little more than the three liquor stores but only by 2 hours and 4 hours. It seems reasonable. Ms. Caldwell stated the hours look fine to her and they look reasonable. MOTION: Ms. O'Brien moved to close the public hearing. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. Mr. Battistelli asked if there are any contingences that the Planning Department would like. MOTION: Ms. O'Brien moved to approve the request for a Special Permit for Greenhouse Naturals at 13 Enon Street as they have completed the checklist requirements set forth by the City. Violation of any of the following conditions shall result in revocation of this Special Permit by the ZBA: approved hours of operation, installing a bike rack and obtaining Design Review Board approval for signage, subject to the documents submitted. Ms. Caldwell seconded the Motion. Votes in favor: 5-0 (Margolis, Caldwell, Gougian, Battistelli, O' Brien) Motion carries. OTHER BUSINESS Approval of October 24, 2020 ZBA Minutes (Basso) MOTION: Mr. Basso moved to approve the Minutes from the October 24, 2020 meeting. Ms. O'Brien seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. Approval of 2021 ZBA Calendar dates MOTION: Ms. O'Brien moved to approve the proposed dates for the 2021 ZBA meetings. Ms. Gougian seconded the Motion. Votes in favor: 5-0 (Margolis, Gougian, Battistelli, O' Brien, Basso) Motion carries. MOTION: Mr. Margolis moved to adjourn the meeting at 10:05pm. Mr. Battistelli seconded the Motion. All in favor. Motion carries. Leanna Harris,Administrative Assistant Board of Appeals of the Zoning Ordinance Page 12 of 12