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2012-04-24CITY OF BEVERLY 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: April 24, 2012 Place: Beverly City Hall, Council Chamber, 191 Cabot Street Board Members Present: Acting Chairperson Jane Brusca Full Member: Scott Ferguson Alternate Members: Pamela Gougian and John Harden Others Present: Building Commissioner — Director Steve Frederickson Clerk for the Board — Diane Rogers Absent: Day Ann Kelley, Margaret O'Brien, Joel Margolis and Sally Koen Acting Chairperson Jane Brusca opened the meeting to the public at 7:00 p.m. Minor Modification to Comprehensive Permit for Holcroft Park Homes, LLC Represented by Thomas Alexander, Esq. Attorney Thomas Alexander stated that the First Phase of work authorized by the Comprehensive Permit, has been completed and 29 units in Phase 1 are now occupied. The owners of the property are about to undertake the construction of Phase II, constituting the remaining 29 units authorized by the Comprehensive Permit. In the course of the build out of Phase I a number of minor "in the field" changes were made due to site conditions which are slightly different from the plan attached to the Comprehensive Permit. The applicant requests approval for the following minor modifications: 1. New planting beds incorporating drought and shade tolerant plantings will replace grass strips located between 9 Mill and 23 Mill . 2. Bike storage shown on the north side of 9 Mill and 23 Mill is moved to 7 exterior bike racks installed in the parking area. Areas designated Bike on prior approved plan will be used for building maintenance and security. 3. Vehicle traffic flow has been reversed to eliminate queuing. Cars will enter at the east driveway and exit at the west driveway. 4. Electrical transformer was installed by National Grid at rear of parking lot near property line between 23 Mill and 22Grant St. Transformer is encircled with concrete and metal bollards, requiring reconfiguration of diagonal parking spaces in lot. New number of parking spaces remains 31, with 23 spaces in Mill St. lot and 8 spaces on Grant St. as required by the terms of Comprehensive Permit. 5. Fiber cement siding will be used for all building exteriors as required. New vertical panel siding in contrasting colors has been added to building exteriors in keeping with Design Review Board recommendation. 6. An entry door shown on approved plans was changed to a window due to difficulties caused by street grading. 7. A fully- accessible unit on the first floor was moved to the west (9 Mill) and east (23 Mill) end of the building and an exterior ramp was added to provide a second means of egress to those unit tenants. Attorney Alexander submitted a first and second floor plan of the building to show exactly where the changes would be located (A100) and ADA unit (101) and ramp (SKA -44) No one from the public had any questions or comments regarding this request. Acting Chairperson Jane Brusca asked the Board members for their questions and comments. Mr. Ferguson asked if the plantings would be maintained and replaced if necessary. Atty. Alexander replied yes and that could be a condition placed in the decision. Mr. Ferguson asked if there was any coverage over the bicycle storage area and if locks could be used to protect the bicycles from being stolen. Atty. Alexander responded the bicycle storage area was not covered, however, the bicycles could be locked into place. Ms. Gougian asked if there were any other areas the bicycles could be stored. Atty. Alexander responded no. Mr. Harden asked how many bicycles could be stored in the area. Atty. Alexander responded he was not sure, however, the spaces increased once moved outside. Mr. Harden asked if bicycle storage was a requirement in the comprehensive permit. Atty. Alexander responded no it was not a requirement. 2 Mr. Ferguson made a motion to approve the seven (7) minor modifications, which were shown on Plan L100 dated 3/26/2012 and Elevation Plan A200 dated 12/02/2011 with the condition that the plantings beds will be maintained and replaced if necessary. Subject to plans submitted this evening. Seconded by Mr. Harden. Motion carried 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in favor) 8 Northern Avenue — R -10 Zone- Gretchen Hartigan Variance Request Mr. and Mrs. Hartigan spoke on their own behalf. They explained the request to construct an attached two -car garage (27 -feet wide, 36 -feet in length, and 21.5 -feet in height) with a 17.3 -foot rear setback instead of the required 25 -feet. She added there would be a handicapped bathroom and shower on the first floor and an attic storage type room on the second floor. They believe there are no other options for placement of this garage based on the layout of the lot. The existing garage will be demolished. Photographs of the dwelling and plans were submitted to the Board for review. Acting Chairperson Jane Brusca asked if anyone from the public had any questions or comments relative to this property. There being no one present the Board members stated their questions and comments. Ms. Brusca questioned the installation of a bathroom on the first floor of the proposed garage. Mrs. Hartigan stated her father had MS and her dwelling did not have a first floor shower. She added this addition would not be an apartment. Mr. Ferguson explained the criteria for obtaining a variance, which is shape of the lot, position of the dwelling on the lot, ledge being present. He added he believed this proposed addition was very large almost the size of the existing dwelling. Ms. Brusca concurred. Mrs. Hartigan responded that the handicap bathroom required wheelchair accessibility and a ramp was being constructed to join the garage to the first floor of the dwelling for her father to enter. Ms. Brusca suggested perhaps you should only propose a new bathroom. Mr. Harden discussed "size" possibilities. Mr. Frederickson/Building Commissioner stated this was a nonconforming dwelling, which cannot be enlarged more than 25 %. This proposal is over 50% and would require a variance. Ms. Brusca suggested withdrawing the petition without prejudice, which would allow them to return in the future and reconfigure the plan. Mr. Ferguson suggested the petitioner continue the project to the next scheduled meeting in June and present a new plan. A motion was made by Mr. Ferguson to allow the petitioner to continue this project to the next scheduled meeting in June of 2012. Subject to signing a waiver of time. Seconded by Mr. Harden. Motion carries 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in favor) 586 Hale Street, LLC — CN Zone — By Tom Alexander, Esq. Modification of a Finding Attorney Alexander spoke on behalf of Jeffrey Lawler owner of 586 Hale Street, LLC. 3 He explained his request for a modification of a finding to allow the previously approved 623 sq. f t. 2nd floor Mezzanine of the front ( "Retail ") building to be expanded to include the full second floor area of 1,430 sq. ft. There will be no change to the approved exterior of the building. Petitioner will add (3) additional marked parking spaces on site in areas where parking spaces had existed but not been previously marked and lined. Atty. Alexander stated a unique furniture store might be interested in renting this building space if they could have increased space in the mezzanine. Attorney Alexander went before the Board March 27, 2012 to request this minor change. The Board felt this was not minor and preferred that Attorney Alexander re- publish the request and return at the April 2012 meeting. Atty. Alexander stated there would be one change in the construction, the stairway will be moved in the center of the building and therefore, the window area will become the location of the front door and the windows will be installed where the original front door was located. John Michaud, architect for the project reflected on the new plan showing the additional (3) parking spaces on site and explained they would be marked and lined. He added one of the parking spaces would be handicapped van accessible. The 623 sq. ft. 2nd floor Mezzanine of the front "Retail" building is to be expanded to include the full second floor area of 1,430 sq. ft. The increase would be 807 square feet. Acting Chairperson Jane Brusca asked if anyone in the public had any questions or comments relative to this petition. Mr. Fennessy of 11 Paine Avenue voiced his concerns regarding the parking on site and the existing spaces for the MBTA. He believes commuters will park in the spaces on Mr. Lawler's property and things will become hectic and will change the neighborhood area. Building Commissioner Steve Frederickson stated that the owner of this property could gate the entire area. Alexandra Cutley of 5 Prides Park felt the parking allotted was inadequate. Mr. Britton Hutchings of 60 Paine Avenue asked where the overflow of traffic would go. He stated his concern of fire lanes. Mr. Frederickson, Building Commissioner responded "these buildings are not large enough" to require fire lanes. Mr. Hutchings felt this would create a change in his quiet neighborhood. Mr. Greg Murray of 584 Hale Street stated the increase in the proposed square footage would cause him to loose his backyard privacy. His wife Karen stated there would now be 7 windows on the second floor looking out at her property. She felt this was a dramatic change in her area especially since some of the trees were removed. Another resident stated there is just a feeling of unrest with the traffic aspect of this proposal. Acting Chairperson Ms. Brusca asked the Board members for their questions and comments. Mr. Ferguson read the public hearing section written in the decision of May 2011. He commented that Mr. Flynn of 590 Hale Street was in support of this project along with several other neighbors on Prides Park Avenue and Hale Street. He added this project is located in a CN District, which allows commercial use and that the parking requirement has been met. Mr. Harden feels this project adds to the neighborhood. Ms. 11 Gougian referred to Sect 29 16 CN Neighborhood Commercial District "A" which states this district is established principally to allow for limited commercial development adjacent to residential neighborhoods, intended to serve primarily those neighborhoods. Ms. Brusca commented that the project will change the way the area will appear but will be good for the neighborhood. She added the building looks nice. She believes there are only (3) trains, which leave before 8:00 a.m. in the morning. She does not believe there will be that many more people parking at the site to go to Boston. Atty. Alexander stated the parking on site will be paved and marked. He added that signs could be installed to read "Parking for tenants only, violators will be towed ". Mr. Ferguson stated he did take into consideration the impact upon this neighborhood. A motion was made by Mr. Harden to allow the modification of the finding at 586 Hale Street to allow the previously approved 623 sq. ft. 2nd floor Mezzanine of the front "Retail" building to be expanded to include the full second floor area of 1,430 sq. ft. There will be an addition of (3) marked parking spaces on site. Subject to the plans submitted this evening. Note that the windows in the front of the building will be relocated where the original door is and the door will be where the windows were because the inside stairway had to be relocated to the middle of the room. Seconded by Mr. Ferguson. Motion carries 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in favor) 9 Lexington Drive — R -10 Zone — John Sheehen Special Permit Request Mr. Sheehan spoke on his own behalf. He is requesting to construct a 16 -feet by 20 -feet one story family room with farmer's porch between dwelling and garage with a rear yard setback of 16.4 -feet instead of the required 25 -feet. The existing 7 -feet by 8 -feet enclosed porch is collapsing and unsafe. Mr. Sheehan spoke to his neighbors in regard to his proposed addition. Photographs and plans of the proposal were submitted to the Board for review. A petition was submitted to the Board with the following names in favor of the proposal: Marcia Granfield of 7 Lexington Drive, Edna Eriksen of 8 Lexington Drive, Jeff Smith of 10 Lexington Drive, David Keefe of 12 Lexington Drive, Martin Robledo of 13 Lexington Drive and Diane and Paul Carnevale of 4 Medford Street and Tom Milianes of 3 Medford Street. Acting Chairperson Jane Brusca asked if anyone from the public had any questions or comments relative to this proposal. There being no one present she asked the Board members for their questions and comments. Mr. Ferguson stated he was in favor of this petition. Mr. Harden stated the drawings of this proposed addition were done well. A motion was made by Mr. Ferguson to grant the special permit to Mr. Sheehan of 9 Lexington Drive to build a 16'by 20' family room with farmer's porch on the front, connecting the existing dwelling and garage. Seconded by Ms. Gougian. Subject to the 5 plans submitted. Motion carried 4 — 0. ( Brusca, Ferguson, Gougian, and Harden in favor) 25 Andover Road — R -10 Zone — Steven Santosuosso Special Permit Request Or Variance Mr. Santosuosso spoke on his own behalf. He is requesting to demolish and reconstruct a fire damaged non - conforming dwelling on existing foundation with no increase in size. Mr. Ferguson asked why this petition was advertised as a special permit or variance. Mr. Frederickson, Building Commissioner responded that at the time of filing Mr. Santosuossos' plot plan was not completely drawn. When he submitted the plan it was determined per Section 29 -27 -K1 B that part of an existing nonconforming dwelling which is nonconforming with respect to a minimum yard setback may be enlarged or extended in that yard, provided the ZBA grants a special permit and provided that the degree of nonconformity is not greater than 50% of the required minimum yard setback. Mr. Frederickson added that the old zoning requirement would allow this proposal on the same footprint by right. Acting Chairperson Jane Brusca asked if anyone from the public had any comments or questions regarding this petition. There being no one present, she asked the Board members for their questions and comments. Mr. Ferguson asked if the dwelling would be reconstructed on the same foundation, have the same volume, just modernized. Mr. Santosuosso replied yes. Ms. Brusca asked if this dwelling contained an apartment when he purchased it. Mr. Santosuosso responded the apartment has always been there. Ms. Gougian asked how many sheds were located on the property. Mr. Santosuosso replied one of the sheds would be demolished. A motion was made by Mr. Ferguson to grant the Special Permit to demolish and reconstruct a fire- damaged nonconforming dwelling on exiting foundation with no increase in size at 25 Andover Road. Seconded by Ms. Gougian. Subject to plans submitted. Motion carries 4 — 0 ( Brusca, Ferguson, Gougian, and Harden in favor) 25 Folur Avenue — R -10 Zone — Nancy Fraser /by John P. Mancini, Jr. Agent Special Permit Request Mr. John P, Mancini, Jr. of 10 Vernon Avenue, Stoneham, MA spoke on behalf of the owner Nancy Fraser. He is requesting to reconstruct a non - conforming single - family residence destroyed by fire, on existing foundation. He stated the new single - family dwelling would contain (4) bedrooms. He added the reconstruction in no way would change the use, occupancy, or footprint of the structure. Parking will be off street on an existing driveway. Mr. Mancini stated he would be reusing available water and sewer lines not damaged by fire. 31 Mr. Charles Bamberg offered the owner three (3) designs to choose from. Ms. Fraser changed her mind and tonight her new plan was submitted to the Board to review. Mr. Bamberg stated it was similar. Ms. Brusca asked if the proposed dwelling would be on the same foundation and have the same footprint. Mr. Mancini, agent for the owner responded that the new dwelling would be on the existing foundation and contain the same footprint. Mr. Frederickson stated this project is less than 50% larger. Mr. Harden asked how may stories were on the former dwelling, how many square feet, and what was the height of the new proposed dwelling. Mr. Mancini responded the dwelling contained 2,012 square feet and the height of the dwelling was 29 feet. Ms. Gougian conducted a site visit and stated all that was on the lot was the existing foundation. Mr. Ferguson asked if the photo in the packet submitted was the dwelling that caught fire. He then asked if there was a dormer on the second floor. Mr. Harden asked if there were any letters from neighbors in favor of this proposal. Mr. Mancini responded that he did speak to the neighbors but did not collect any letters from abutters. Ms. Gougian stated this design was in character with the neighborhood. Acting Chairperson Jane Brusca asked if anyone from the public had any questions or comments relative to this proposal. No one was present with any questions. Ms. Gougian made a motion to grant the special permit at 25 Folger Avenue to reconstruct a nonconforming single - family residence destroyed by fire, on existing foundation. Subject to the plans submitted this evening. Seconded by Mr. Ferguson. Motion carries 4 — 0. ( Brusca, Ferguson, Gougian, and Harden) Administrative Business: The March minutes were not voted upon because some of the Board Members had not read them. 7