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2006-11-28 CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES These minutes are not a verbatim transcript of the public hearin2: or public meetin2: of the Board of Appeals. Reviews of the decision or outcome of the public hearin2: should include an examination of the Board's Decision for that hearin2:. Board: Zoning Board of Appeal Date: November 28,2006 Place: Beverly City Hall, Council Chamber, 191 Cabot Street Board Members Present: Full Members: Chairman Scott D. Houseman and Margaret O'Brien. Alternate Members: Joel Margolis, Jane Brusca, and Patricia Murphy Others Present: Building Commissioner/Zoning Officer Robert Nelson Clerk of the BoardlDiane Rogers Absent: Scott Ferguson Chairman Houseman opened the meeting to the public at 7:00 p.m. He stated there were three cases to be heard this evening. 22 Dane Street - R-6 Zone - Steve Pritchard Special Permit ReQuest Mr. Matthew Cummings of Cummings Architects LLC, spoke on behalf of the petitioner. He stated he was requesting to encroach one foot upon the left side yard setback requirement of 10 feet -0 inches, with a 1 1Iz story proposed 18 feet by 56 feet addition, which will contain a two-car attached garage with a family room above. The dwelling was purchased in June of 1996. Mr. Cummings stated that the extension/rehabilitation will not be substantially more detrimental than the existing non-conforming structure and will not create a new non-conformity because the deteriorating existing rear addition and screen porch are becoming dangerous. He added that these existing structures will be removed and replaced with a new structure, which will include a new screened porch, and historically correct exterior materials would be used. The parking in the front-yard of the Page 2 (Pritchard, 22 Dane St. cont.) property and at the driveway entry will be moved to the new addition. This will allow for access for fire trucks to the site and allow for a green front yard along the street. He commented that the massing of the addition is smaller than the existing home. The addition incrementally reduces in scale as it departs from the existing home. In summary, to allow this addition to occur would allow the continued preservation of this historic post and beam home by moving the living space to the rear of the property and allowing for other missing modern amenities without renovation of the existing historic structure. He then stated that he believed the criteria of Section 29-27-C of the City of Beverly Massachusetts, Zoning Ordinance have been met. He stated that (a.) it is an appropriate location because there are many carriage house type structures (barns, storage) at the rear of the properties that were designed to house vehicles with living space above allowing for a great increase in open space of the property; (b.) That no factual evidence is found that property values in the district will be adversely affected by such use because the addition will positively effect the property values of the district by allowing for the existing historic house to be repaired; removing parking from the front yard; and rehabilitating the deteriorating structure at the rear of the property; (c.) That no undue traffic or unreasonable hazard will result because the existing parking is located in the existing yard along Main Street. The parking will be hidden within the historically designed addition. (d.) That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use because the building will meet all building codes. (e.) That adequate and appropriate City Services are or will be available for the proposed site because there will be better access for fire trucks and other City services by removing vehicles from the driveway and the front of the property. Photographs of the dwelling had been submitted for the Board to review. Mr. Robert Kaufman of 20 Dane Street signed a document dated October 24, 2006, that essentially means he is in favor of the proposal that was submitted to the Board to review. Chairman Houseman asked if anyone from the public would like to comment on this petition, there being no one present he then asked the Board members for their questions and comments. Houseman stated he had made a site visit today and upon viewing the property he thought the attached garage dimensions of 18 feet by 56 feet was a very long distance. Mr. Cummings responded that most of the addition in the rear would not be seen from the street. He added that the two-story addition of the structure is to preserve the dwelling and then parallel would be the proposed garage addition. He added that the proposed two-car garage would be hidden by the side of the house. Houseman asked for clarification of the drawings submitted. After a discussion, Houseman stated this was a creative design. He commented that the brick sidewall of the garage was a nice design. O'Brien stated this was a minimum request and that she thought the design of the project was beautiful. Margolis asked what the purpose was for the large "storage area" indicated in the plan. Mr. Pritchard, owner of the dwelling, responded that the storage Page 3 area is for lawn mowers, fertilizers, pool supplies and an old motorcycle. He added that his basement has a dirt floor and he then asked the Board members to review the photos he submitted which details all the articles he has outside in photo #4. Murphy had no comments at this time. Brusca commented that the addition follows the side of the existing dwelling and does not encroach any further. She added that the storage area is large. She questioned the height of the garage and family room. Houseman questioned what the dimensional distance from the front to the rear of the yard was. Mr. Cummings responded that the storage area is a triangular shape and probably 20 feet front and 30 feet back. Houseman asked what the material of the siding would be. Mr. Cummings responded the siding material would be wood clapboard or cement clapboard, smooth side. O'Brien: Motion to grant the Section Six finding that the proposed extension or alteration will not be substantially more detrimental than the existing non-conforming structure to the neighborhood. In addition, I move that the Board grant the proposed application, subject to the following conditions (1) that the plans submitted with the application are strictly complied with, are identified in, and incorporated into, the Board's decision, and the elevation drawings, to the extent feasible, are recorded with the decision. Also, that the letter dated October 17,2006 from Cummings Architects LLC, 87 Central Street. Ipswich, Ma , page two, be incorporated into the decision especially the statement that the exterior materials will be historically correct such as 7/8" wood grille windows, 2" sills, 4" or less to weather smooth clapboards, crown molding to match the existing home at the rakes and overhangs, and wood carriage garage doors. Seconded by Murphy. All members in favor. Motion carries 5 - O. (Houseman, O'Brien, Margolis, Brusca, and Murphy) 181 Elliott Street - Buildin2: 100 - IG Zone - Thermo Electron Corporation Modifv Previous Variance ReQuest/bv Edwin J. Juralewicz. Jr. Mr. Edwin 1. Juralewicz, Jr. of United Sign Company spoke on behalf of Thermo Electron Corporation. He stated he was requesting to modify a variance previously granted on January 28, 1997 and modified on July 23,2002, to replace the existing red Thermo signs with the proposed red and black Thermo Fisher Scientific signs. Mr. Juralewicz stated that this was a new logo to identify the company since Thermo Electron Corporation merged with Fisher Scientific in November of2006. He commented that this company has 500 other locations worldwide. He added that the company occupies 120,000 square feet of space and employees over 300 people. Photographs of the signs, Page 4 dated October 16,2006, from United Sign Co., were submitted for the Board to review. Mr. Juralewicz stated that in 1997 the Company name was "Orion." In July of2002 a variance was granted to modify the blue Orion sign with a red "Thermo" sign. Tonight the request is to replace the two signs with the new logo, "Thermo Fisher Scientific". He added that the prior signs were 36 inches tall and 180 inches wide, 45 square feet and all illuminated. He is now requesting for only part of the signs to be illuminated. The "Thermo Fisher" part of the sign will be illuminated in red and the letters will go from 36 inches to 21 % inches. Also, the "Scientific" portion will have letters 12 % inches tall and the black face will not be illuminated. The total size would be 40" by 187", with a total of approximately 52 square feet. The hardship is the location of the building from the main entrance. These signs are needed to identify the building, which is in the rear of the property. A letter was submitted from the President and General Manager of Cummings supporting this proposal. Chairman Houseman asked if anyone from the public would like to comment on this petition. There being no one present, he then asked the Board members for their questions and comments. O'Brien stated she has an office at the Cummings Center. She added this request is different in size but minimal. She commented that the structure is located in the rear of the park and is difficult to find. Houseman stated the argument is the increase of the dimensions of the sign are minimal in nature. Mr. Juralewicz responded that statement was true. He added that this would be the only sign in the park that would have black lettering. Brusca: Motion to accept and grant the variance for the applicant to modify the January 28, 1997 and July 23,2002 variance by replacing the existing red "Thermo" signs with the proposed red and black "Thermo Fisher Scientific" signs. In addition, I move that the Board grant the proposed application subject to the following conditions: (1) that the plans submitted with the application are strictly complied with, are identified in, and incorporated into, the Board's decision, and the elevation drawings, to the extent feasible, and are recorded with the decision. Seconded by O'Brien. Motion carries 5 - O. All members in favor. (Houseman, O'Brien, Margolis, Brusca and Murphy in favor) 319-325 Cabot Street. LLC - Cc. RMD. and R-6 Zones Variance ReQuest Attorney Philip Posner spoke on behalf of319-325 Cabot Street, LLC. (Beverly Affordable Housing Coalition, Inc. , Donald Preston, President) He stated he was requesting a Variance from certain parking requirements, building height limit and limit to the number of dwelling units to be constructed and occupied, in connection with the removal of an existing building and the construction of a new multi-unit building and the rehabilitation of the existing multi-family buildings. Mr. Posner stated the applicant had Page 5 319-325 Cabot St. (cont) acquired the property at 325 Cabot Street, commonly known as the" Mayflower Motel" and two adjacent residential buildings. The motel is located primarily in the Central Commercial Business Zoning District. A small portion of the premises is within the RMD and R-6 District. However, the standards of the CC District are applicable to the entire site. The other residential buildings are entirely in the CC District. The applicant proposes to remove the existing Mayflower Motel building and construct a new building that will contain 32 studio-type apartment units. Each studio apartment is designed with individual bathroom facilities and a kitchenette (sink, microwave and refrigerator). A larger common kitchen facility shall also be provided as set forth on the Site Plan and Architectural Rendering. The existing Mayflower Motel currently has 23 'motel' units that are used as single room occupancy. Mr. Posner introduced Joseph Luna, AlA of Luna Design Group, Richard F. Doherty, PE of Hancock Associates, and Mickey Northcutt, Executive Director of Beverly Affordable Housing Coalition, Inc. He stated this was the first of three separate hearings, which included the Zoning Board of Appeals, Design Review and Planning Board Meetings. He added that fewer people shall occupy the new proposed building. Neighbors had concerns regarding the shadows that could form if the building becomes 55 feet tall, which is allowed in the CC Zone. Richard Doherty of Hancock Associates, stated there are drainage problems in this area and that the soil is not the best. He commented that the project site is built into the side of a slope. He stated that the existing building and retaining wall are in poor condition. He added a rock outcrop penetrates a small portion of the retaining wall. Drainage from the adjacent street and properties located behind the project site currently flood the Mayflower Motel building requiring the use of a sump pump, causing the substantial degradation of the building and threatening a mold and mildew problem. The applicant proposes to redesign the grading and to channel the drainage into a catch basin in the parking area. The catch basin will be connected by a new drain line directly to the public storm drain system. He stated the Applicant also requests a variance from the strict application of the design specifications for the number and size of the parking spaces and the size of the parking aisles as required by the Zoning Ordinance. He stated that currently there are 41 parking spaces and that number would be reduced to 34. The applicant proposes to reduce the number of spaces to increase the setback of the new building from the adjoining buildings and neighborhood on Pierce Avenue and to provide an additional safe and appropriately designed walking area for handicapped access. He added that the proposal is to replace the building with 32 units on slab. The Applicant also is requesting that the design of the studio apartments in the new 325 Cabot Street building be reduced to less than the 1000 s. f. per dwelling unit effectively required by the Zoning Ordinance. The elimination of individual kitchen facilities provides the applicant with an opportunity to provide housing accommodations consistent with the project proposal. Each of the studio apartments in the newly constructed building will be from 276 s. f. to 400 s. f. He stated there would be (5) lights to be located upon the property. These lights would be shaded and not directed toward the neighbor's windows. Landscaping for the project was discussed. Page 6 Attorney Posner stated the Applicant's hardship is based on the soil conditions and topography of the lot, the plan to preserve and rehabilitate two of the existing buildings on site and the need to develop the project within the financial means available to the applicant. He added that the height of the newly constructed building to be permitted to exceed the 35 feet height limit by three (3) feet. Chairman Houseman asked if anyone from the public would like to comment on this petition. Patricia Wagner of 15 Pierce Avenue stated she has resided there for 30 years. She commented that she had met with the applicants and that they listened to her input regarding the proposed project. Linda Hering of 18 Pierce Avenue and her husband Karl, stated they also had spoken to the representatives of the project. She added that their concern was that a manager should be on site for 24 hours. She also had concern with the mechanicals being placed upon the roof and that the required blasting on the site might cause damage to the foundation or walls of her dwelling. Frances Bolla of 14 Pierce Avenue voiced concerns. Kevin Hobin/Councilor Ward Four and Miranda Gooding/ Councilor Ward Two spoke in favor of the proposal. Rosemary Maglio of30 Pleasant Street stated the proposed units are very small, the residents that do not own a vehicle probably have visitors that do, and she was concerned with fire safety and trash disposal. Chairman Houseman then asked the Board members for their questions and comments. Murphy asked if the occupancy would be restricted to one person/one bedroom. O'Brien asked if the mechanicals were scheduled to be located upon the roof. Houseman stated the Board makes sure the plans presented would be the same design when built. He asked what a "rain garden" was. Mr. Posner responded that a "rain garden" was gravel filled with peat, which will absorb water. He added that this type garden would not allow for large trees to be planted. Houseman had concerns with the lighting and asked for a plan. O'Brien asked if all the units would be affordable units. Mr. Posner responded it was, 100%. He added that the Beverly Affordable Housing Coalition could not afford a 24-hour manager at the site because of the funding income. Houseman stated the hour was late and the Board was not ready to vote tonight on this project. A discussion followed and a motion was made to continue the hearing until Monday, December 18, 2006 at the Beverly Public Library located at 32 Essex Street, in the Sohier Room. Diane Rogers will re-advertise the project. A waiver of time was signed by Attorney Posner. Houseman indicated that the Board would prefer more information regarding the following: ventilation upon the roof, an outside management group, the type of trees to be planted and maintained, snow and trash removal, blasting and how the neighbors would be protected from any damage that might occur. O'Brien made a motion to continue the case until Monday, December 18, 2006 at the Beverly Public Library. Seconded by Margolis. All members in favor. Motion carried 5 - O. (Houseman, O'Brien, Murphy, Bursca, and Margolis in favor)