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)