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)