2012-02-28CITY 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 Appeals
Date: February 28, 2012
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Acting Chairperson Jane Brusca
Margaret O'Brien, Joel Margolis, and
Scott Ferguson
Alternate Members: Sally Koen, and John Harden
Others Present: Building Commissioner — Director Steven Frederickson
Clerk for the Board — Diane M. Rogers
Absent: Day Ann Kelley and Pamela Gougian
Acting Chairperson Jane Brusca opened the meeting to the public at 7:00 p.m.
112 Bridge Street — CN Zone — David Jaquith AIA/Munroe
Variance Request
David Jaquith, AIA spoke on behalf of the Munroe family. The request is to rebuild a
new single - family dwelling destroyed by fire with a front setback of 15 -feet instead of the
required 20 -feet, a rear setback of 20 -feet instead of the required 25 -feet and a height of
41 -feet instead of the maximum 35 -feet. The proposed dwelling would be built closer to
Bridge Street and be more affordably built. Site Plan, Elevation Plans, First and Second
Floor Plans, Loft and Lower Level Plans were submitted to the Board Members for their
review. The site is now a vacant lot. In July of 2011, the fire - damaged residence was
removed after the site was surveyed and photographed. Carlton Avenue will be the
proposed new frontage location. The hardship is the need to pump the sewer up to
Bridge Street from the original location of the residence and the shape of the lot/
topography of the land. There is an 8 -9 -feet drop from the front to the rear. Because of
this drop the new dwelling will not appear higher than 35 -feet high.
The following addresses were in favor of this petition: 2 & 3 Carleton Avenue, 3, 4, & 6
Doane Avenue, 7 Nicole Avenue Tr. For 2 Carleton Avenue, and 106, 114, 117, 119
Bridge Street.
A letter written February 6, 2012 from the Beverly Conservation Commission stated the
subject property had been reviewed.
Acting Chairperson Jane Brusca asked if anyone from the public had any questions or
comments regarding this proposal. Roger Williams of 3 Doane Avenue stated he was in
favor of the proposal. Ms. Brusca asked the Board members for their questions and
comments. Mr. Ferguson asked if all the neighbors effected by this proposal had signed
off in favor. Mr. Jaquith responded yes. Mr. Ferguson asked what the address would be
if the dwelling was fronted on Carleton Street. Ms. Munroe stated her address will
always be 112 Bridge Street. Mr. Margolis asked to discuss the elevations regarding the
height of 41 -feet on Carlton Street and 31 -feet on Bridge Street. Ms. O'Brien asked how
much higher the new proposed dwelling would be and why. Mr. Jaquith explained that
the 2nd floor ceiling height in the old structure was quite low and the new dwelling ceiling
height would be 10 -12 feet. Mr. Ferguson stated he believed the hardship of this
proposal is the shape and topography of the lot and the future positioning of the new
dwelling on this lot to make it more environmentally sound.
A motion was made by Mr. Ferguson to approve the variance request at 112 Bridge Street
because of the narrowness and shape of the lot and the remarkable change in topography
at this locus. This variance shall not be injurious to the neighborhood or otherwise
detrimental to the public. This petition has met the conditions of Section 29 -28 -C (2) A-
F, excluding `B ". Ms. O'Brien would like the decision to have a condition that there will
be a vegetation screening on the Carleton Street side to minimize the increase in the
height allowance of the new building. The plans submitted with this application are to be
strictly complied with and incorporated into the Boards decision. Motion Seconded by
Ms. Koen. Motion carries 5 — 0. ( Brusca, Ferguson, Margolis, O'Brien, and Koen in
favor)
548 Cabot Street, LLC /Alexander, Esa. R -10 Zoning District
Modification of Special Permit/Variance
Attorney Thomas Alexander spoke on behalf of his client "548 Cabot Street, LLC".
He requested the Board allow this Modification of Special Permit and Variance to be
continued to the next scheduled meeting March 27, 2012. Attorney Alexander stated his
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client would like to meet with the neighbors regarding their proposal and a date could not
be established in February.
A motion was made by Mr. Ferguson to allow the Modification of Special
Permit /Variance for 548 Cabot Street, LLC to be continued to the March 27, 2012
scheduled hearing. Seconded by Ms. O'Brien. Motion carries 5 — 0. ( Brusca, Ferguson,
O'Brien, Margolis, and Harden in favor)
The request is to allow a 3,207 square foot addition to an existing 6,456 square foot
office building on the site, which conforms to all setback, parking, and height
requirements of the zoning ordinance. Modification of an existing special permit and
variance to expand the existing building, 3,207 square feet (49.74 %) pursuant to Section
29- 27 -D -2. of the zoning Ordinance. Currently, there is a 6,456 square foot office
building on the site as shown on the attached plans. The proposed use will not adversely
affect the neighborhood as the use is already in existence on site, and the addition abuts
medical offices to the North and City of Beverly land to the West. No nuisance of hazard
will be created since there is adequate parking on site for the expanded use. The hours of
operation will be regular business hours. The business occupying the property, Capital
Hotel Management, LLC, is a privately held hotel investment and asset management
company with clients all over the world. As such, clients rarely visit the premises.
REQUEST FOR MINOR MODIFICATION
586 HALE STREET
Attorney Thomas Alexander explained that he wrote a letter dated February 23, 2012 to
the Board. He stated his client Jeff Lawler of Country Homes LLC respectfully
requested a minor modification to the Finding and Variances in the Decision granted on
May 24, 2011 at 586 Hale Street. The modification would involve no change to the
exterior of the building on site, but would increase the interior area of the second floor of
the building closest to Hale Street by making what had originally been a second floor
mezzanine of 465 sq. ft. into a full second floor of 1,430 sq. ft. The office use of the
second floor would stay the same. The floor plans that show the second floor with the
expanded area, a revised site plan showing that all necessary parking is provided on site,
and an elevation plan showing that there are not exterior changes to the building were
delivered to the Board Members a few days before the February 28, 2012 hearing.
Acting Chairperson Jane Brusca stated she had discussed this request with Chairperson
Day Ann Kelley. Because this was not advertised it is up to the Board to decide if this
is a minor modification request. Ms. Kelley and Ms. Brusca feel that because three
parking spaces have been added to the plan perhaps the request should be advertised.
Mr. Harden and Mr. Margolis were concerned with the two -way traffic and what appears
to be a few tight parking areas. Atty. Alexander responded that all parking spaces would
be flat graded and paved. Mr. Ferguson asked if there would be any change to the
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outside of the building. Atty. Alexander responded no. He added that a proposed
"Furniture Sales" tenant would need the up stair mezzanine to accommodate extra office
space. Mr. Margolis asked how many people would be employed by this tenant? Mr.
Lawler responded the proposed business would employ 4 or 5 people. Mr. Ferguson
stated he did not believe this was a minor modification.
Atty. Alexander asked if his client could "go at his own risk" do the work to the second
floor while re- applying. He added the owner did not want to loose a good tenant. Mr.
Frederickson responded as long as no one occupied the area he didn't see why not.
Otherwise two months would go by without any work being done.
The Board discussed this request further and determined this was not a minor
modification. They suggested Atty. Alexander re- advertise the request at the April 24,
2012 scheduled meeting. All Board Members were in favor (Acting Chairperson Jane
Brusca, Ms. O'Brien, Mr. Ferguson, Mr. Harden,and Ms. Koen)
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