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2006-12-18 SPECIAL MEETING CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES These minutes are not a verbatim transcript of the public hearing or public meeting of the Board of Appeals. Reviews of the decision or outcome of the public hearing should include an examination of the Board's Decision for that hearing. BOARD: Zoning Board of Appeal DATE: December 18, 2006 PLACE: Beverly Public Library, 32 Essex Street, Sohier Room BOARD MEMBERS PRESENT:Full Members: Chairman Scott D. Houseman and Margaret O'Brien Alternate Members: Joel Margolis, Patricia Murphy, and Jane Brusca. ABSENT: Scott Ferguson Chairman Scott D. Houseman opened the meeting at 7:30 p. m. While awaiting Mr. Margolis' attendance, the Board members reviewed new documents submitted this evening by Attorney Posner relative to 319-325 Cabot Street, LLC. Mr. Posner introduced Joseph Luna, Architect, Richard Doherty, Senior Project Manager of Hancock Associates, and Mickey Northcutt, Executive Director of Beverly Affordable Housing Coalition, Inc. Mr. Northcutt stated a letter dated December 18, 2006 from Ann Marie Casey, Executive Director of Beverly Main Streets program, was submitted in favor of this proposal. He mentioned several residents were present and that he tried to discuss all their concerns. He added that he met with the Design Review Board on Tuesday, December 12,2006 and he discussed the applications and the specific development. The Board recommended approval of the plans subject to (3) conditions. Mr. Northcutt stated this project will provide 100% affordable housing. He added there will be two handicap apartments also available. He discussed the negative problems the former owner had with this property. He added this property would no longer be a rooming house, but permanent housing. He commented that some of the proposed new designing was from the thoughts and concerns of the neighbors who he had discussed specifics with at five meetings during the summer. Mr. Northcutt stated the plan was to demolish the Motel Building and rebuild. He added that Management Services had been interviewed and the plan is to have maintenance staff present during the day hours. He stated he was proposing a community room and laundry and hiring a 24- Hour "Call Center", 7 days a week. He commented that if there were a problem with fireworks, trash, or misbehaving tenants someone could relay the message back to the management services. Chairman Houseman asked if anyone from the public had any questions or comments relative to this proposal. Tim Clark, representative of Waters and Brown of 113 Elliott Street, was shown information on the proposed parking request. Mr. Clark viewed the information and stated he had concerns with the 17 vehicles having to park on Elliott Street. He commented that the impact is great upon the neighborhood. Mr. Clark stated he was opposed to the proposed parking variance. Mr. Posner responded that most of the tenants would not own vehicles. Linda Hering and her husband Karl of 18 Pierce Avenue stated the project was beautiful. She added that they still have concerns relative to some of the tenants' loud late night activities between the hours of9:00 p.m. to 3:00 a.m. in the parking lot. She questioned how these incidents would be handled without a staff member being present until 5 :00 a.m. She also was concerned with one tenant renting a space and then having his children move in. Mr. Northcutt responded that the tenants would be signing a one-year lease for one person only. Sally Parisella of 16 Pierce Avenue stated she lived alone and did not want to speak to those tenants. She added there have been several drug and drinking problems with the residents in the past. Mr. Daniel Wuenschel of 5 Rowell Avenue, a member of the Board of Directors and Donald Preston, President of Beverly Affordable Housing Coalition spoke in favor of the project. Paul Guanci, President of the City Council also spoke in favor of this proposal. Chairman Houseman stated he would like to discuss the existing chain link fence and wall that separates the property from the neighbors. Mr. Doherty of Hancock Associates responded that the existing retaining wall would be repaired or rebuilt. He added that it is not a "security barrier". Chairman Houseman asked the Board members for their questions and comments. O'Brien stated she had reviewed the proposed rent and income guidelines that was provided to the Board and she was of the opinion that 37 units would be rented by a person who earns $35,340 a year. She added the new tenants would probably be of a higher class. Margolis had concerns with the property remaining a rooming house. Mr. Northcutt responded the proposed new building would not be a rooming house. He added the units would have their own bathrooms and kitchenettes and the tenants would be signing a yearly lease, which he believed would bring responsibility. Margolis asked if a tenant could reside there for three years. Mr. Northcutt responded the tenant could reside there for temporary (one-year) housing or permanently. Brusca stated it was apparent that there have been disruptions causing many problems to the neighbors. She asked if the neighbors could have access to the proposed 24- hour hot line telephone number. She asked if a new fence could be installed in the rear of the property to keep tenants from going into the neighbors' yards. Mr. Northcutt responded that he prefers landscaping the area and a discussion ensued Houseman stated if the Board denies this special permit the result would be what you have there now. Houseman's perspective is this site could be improved. He added that he believes that there are hardships upon this site and he stated he was in favor of this proposal. Houseman commented that the neighbors have not requested that a new fence be installed upon the rear property line. He added that they seemed content with the proposed screening and landscape plan. Brusca stated she is in favor of this proposal as long as the neighbors are satisfied and she insists that the 24-hour hot line telephone number be available for the neighbors to call. O'Brien stated she was ok with this proposal and she hoped that the neighbors would be comfortable. She added that she hoped the tenants would be a better clientele. Margolis stated he has concerns. He would like the neighbor' yards to be safe and not entered by trespassers. He stated he was not convinced that a one-year lease with those projected rents would fly. Murphy stated she was in favor of the project. She added she shares the neighbors' concerns and she would like them to feel secure. Linda Hering asked who would be liable for any damage to their property because of the proposed blasting of ledge. Houseman stated that at the last meeting the topic of "ledge blasting" was a concern and the Board members requested more information. Mr. Joseph L. Luna, AIA, of Luna Design stated some ledge would have to be removed on site. He added that owners should document their property with photos and the time dated. He commented that he is not a blasting expert but he was sure the blasting work would be monitored. Chairman Houseman stated that Attorney Posner has submitted a list of conditions and findings. The Applicant proposed to create a new building for use as a Single Room Occupancy residence that will be in harmony with the existing streetscape of Cabot Street and will be a significant improvement to the existing intersection of Cabot and Elliott Streets - a gateway to downtown Beverly. The development as proposed will not adversely impact traffic, city services will be available, and greenery will be added to the site to provide a buffer with the neighboring residential properties. The requested height and density variances are the minimum variance to allow reasonable economic use of the property as affordable single room occupancy housing. The Applicant agreed that as a condition of granting zoning relief, the use of each unit would be limited by deed and by a tenancy agreement to a single, income eligible individual. The Board found that the various materials submitted were favorable to the application and its general findings of fact and made the following specific findings related to the specific requests for granting the variances: (1) the specific site is an appropriate location for the proposed use, and that the character of the adjoining uses will not be adversely affected, as evidenced by the statements and letters of support for the project from abutting neighbors and a nearby business; (2) that no undue traffic, nuisance, or unreasonable hazard will result from the proposed construction and use and that improvements to the current drainage and ingress and egress to Cabot Street will result from the construction of the building, related sidewalks and driveway, (3) that adequate and appropriate facilities such as electricity and city water and sewer currently exist on the parcel (4) that a storm sewer connection is available and will be used to mitigate the existing drainage problem; (5) that given the evidence supplied about patterns now existing at the Parcel, and other Eastern Massachusetts communities, the parking proposed to be supplied will exceed the number of parking spaces which will be used by the residents, visitors and staff of the proposed project; (6) that relief from the strict application of the parking space size and location and the width of a parking aisle will not cause congestion or result in an unsafe or inconvenient condition; (7) that the relief from the strict application of the height ordinance will not result in shadows being cast on neighboring properties and will not result in a building that is out of scale with the adjoining properties and neighborhood; (8) that strict application of the dwelling size requirements will not result in undue construction, noise, litter or disruption of the neighborhood and is consistent with the goals of the City of providing a variety of affordable housing opportunities for persons of very limited income; (9) that the applicant, through the design of the building, the incorporation of an interior recreation and living area, the provision of a 24-hour maintenance telephone line, new tenant intake and management strategies and a longer term lease has adequately addressed the security issues raised by neighbors and the Board; and (10) that no valid objections from abutting property owners based on demonstrable facts which would cause the Board to find the proposal would result in substantial detriment to any particular abutter or to the public good, and in fact, numerous statements and letters of support were entered into the record. The Board finds sufficient hardship being the ledge and other poor quality soil conditions and topography, which are unique to this parcel and do not affect the neighborhood generally. A concrete wall is required to retain the slope at the rear of the property. Water from the neighboring properties on Pierce Avenue drains onto the project site and has caused substantial damage to the existing building. Rainwater is currently pumped from the present building in an uncontrolled fashion onto Cabot Street resulting icy conditions during the winter months. The drainage will be channeled into proposed catch basins and then directed into the City storm water system. CONDITIONS: This approval is subject to the following conditions concerning the project being approved and the building being constructed pursuant to the project ("the Building"): (1) That the applicant shall install trees and shrubs on the project substantially according to the landscaping plans presented to the Board provided that substantially similar species must be planted if changes to the exact species of trees are needed at the time of planting. It shall be the continuing obligation of the applicant or its successor( s) in interest to maintain the trees and shrubs in good condition and replace them when they are not in good condition. (2) Each of the dwelling units in the building shall be restricted for use as an "affordable" unit for occupancy by a single of "person of low and moderate income" in accordance with the standards of the Massachusetts Department of Housing and Community Development. This restriction shall be maintained through such covenants to be recorded at the Registry of Deeds as may be required by the funding sources for the project and by a tenant agreement between the applicant and its successors and assigns and the occupants of each unit. (3) That any and all rooftop ventilation equipment and other noise- emitting equipment for the Building shall be screened visually and acoustically so as not to be materially noticeable to the general public or to the abutters of the project. The applicant shall conform to 310 CMR 7.10 regarding the attenuation of noise at the property. (4) That the applicant shall utilize vegetation and/or fencing and/or all lighting shields or hoods, as reasonably necessary, to prevent excess light from entering the neighboring properties. (5) That trash collection shall be accomplished two times per week by a private contractor and shall not occur before 7 :00 a.m. in the mornmg. (6) That the applicant shall implement the Tenant Selection Criteria, as such criteria may be amended from time to time, and a tenancy agreement requiring monthly (as opposed to weekly) payment of rent-each strategy intended to improve security and accountability of the tenants and the applicant. (7) That the applicant complies with the plans submitted to and approved by the Board which plans are incorporated herein by reference. Richard Doherty, Architect submitted new revision plans on December 18,2006. He dated them December 12,2006 PS-l through PS-8. The Board finds that, subject to the foregoing conditions, the applicant has carried the burden of showing, (1) that owing to conditions especially affecting the locus, but not affecting generally the Zoning District which it is located, a literal enforcement to the provisions of the Zoning Ordinance would involve a substantial hardship to the applicant, and (2) that the relief may be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the Zoning Ordinance. O'Brien: Motion to accept the application as proposed with the conditions and findings that were amended by Chairman Houseman be granted. Seconded by Margolis. Motion carries 5 - O. All members in favor. (Houseman, O'Brien, Brusca, Murphy, and Margolis)