2012-06-26CITY 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 outcome of the public
hearing should include an examination of the Board's Decision for that hearing.
Board: Zoning Board of Appeals
Date: June 26, 2012
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Chairperson Day Ann Kelley
Regular Members: Margaret O'Brien, Scott Ferguson,
Joel Margolis and Jane Brusca
Alternate Member: Sally Koen
Others Present: Building Commissioner — Director /Steve Frederickson
Secretary for the Board — Diane Rogers
Absent: John Harden and Pamela Gougian
Chairperson Day Ann Kelley opened the meeting at 7:00 p.m. She announced there were
(4) new cases to be heard.
810 Hale Street — R -45 Zone — Darrell Crate
Special Permit Request
Thomas Alexander Esq., spoke on behalf of the petitioner. He explained his request to
construct an addition in the form of a 1 -1/2 story attached garage of approximately 2,581
s. f. in the rear of the existing nonconforming single - family residence. The addition will
meet all setbacks but would increase the building footprint area and volume by more than
25 %. He added the existing lot is 19,274 s. f. containing a 2 -1/2 story, nonconforming
single - family residence of approximately 5,220 s. f The existing structured has less than
required side yard and front yard setbacks. The existing garage of approximately 633 s.
f., which also has less than required side yard and rear yard setbacks, will be removed.
The proposed addition will increase the building area by 49.44 %, volume by 48.9% and
footprint by 44.84% according to the architect. It was noted that work is being completed
on the side of the existing structure that is not included in this petition. There will be no
change in use or occupancy. The exterior materials will match or be upgraded from the
existing main dwelling. Photographs and plans were discussed by Thad Siemasko
Architect. Atty. Alexander stated that Mr. Crate has resided in Beverly for ten years and
his family consists of four children and his dad. Mr. Crate is present for any questions
the Board might have. Atty. Alexander stated that letters were sent out to all abutters
and a meeting was held on June 8, 2012 at the property. The neighbors were in support
of the proposal, however, no letters were submitted into the record. Mr. Siemasko
commented that there will be 85% of open space when additions are completed. Ms.
Kelley asked what the dimensions were of the little room on the side. Mr. Siemasko
responded the room was 16' by 17' and it was 85 -feet from the road and probably could
not be seen from Hale Street due to plantings in the front of the property.
Chairperson Ms. Kelley asked if anyone from the public had any questions or comments
pertaining to this proposal. There being no one present she asked the Board for their
questions and comments. Ms. Brusca asked if there would be a kitchen in the guest room
area. Mr. Siemasko responded there would not be a kitchen, probably a wet bar. Mr.
Ferguson stated he made a site visit and he feels the new two story addition and garage is
double in size of the existing dwelling. Ms. Kelley stated the existing dwelling was small
to begin with, however, she is concerned with the size of the proposal. Ms. O'Brien
concurred. Mr. Margolis asked if the addition was connected on the second floor as he
was concerned about this being a second living unit. Mr. Siemasko referred to the plan
which shows only a corridor on the first floor. The Board discussed the concerns in
regard to a possible accessory apartment and open space being utilized by other auxiliary
buildings. Atty. Alexander said that the owner would like to have a greenhouse or shed.
Mr. Siemasko said that a shed could be limited to 300 SF. The Board discussed
conditions that would be included in any motion to grant this special permit
Mr. Ferguson made a motion to grant the special permit at 810 Hale Street to construct an
addition in the form of a 1 -1.2 story attached garage of approximately 2,581 s. f. in the
rear of the existing nonconforming single - family residence. The addition will meet all
setbacks but would increase the building footprint area and volume by more than 25 %.
Per plans submitted and proposal meets the criteria of Section 29 -28 -C2 A, C, D, E, and
F are factually true. Decision to have the following conditions:
1. The 600 sq. ft. existing garage be removed.
2. A new accessory building would be allowed. This structure must be limited
to 250 sq. ft. in size and must meet all the setback requirements for this lot.
3. The property must remain a single - family structure for one - family and
the addition may not be used as an accessory apartment. This means that
no kitchen facilities, outside stairs or outside doors should be added to this
addition.
4. Subject to the plans submitted with the petition.
The motion was seconded by Ms. O'Brien. Motion carries 5 — 0.
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(Kelley, Ferguson, O'Brien, Margolis, and Brusca in favor)
52 Grover Street — R -15 Zone — Woodrow K. Howell
Variance Request
Mr. Mark Hovey, builder of the existing dwelling in 1997, spoke on behalf of the
petitioner and he explained the request to construct a rear 16 -feet by 16 -feet sunroom and
deck with a side setback of 12.2 -feet instead of the required 15 -feet. He stated that
easterly portion of the lot has ledge at a reasonable high elevation and the close proximity
of abutting dwellings makes ledge removal prohibitive. Mr. Howell stated the size of the
proposed addition and its location on the structure represents approximately 9% of the
floor area and is the minimum required area to meet the intended use. The combined
floor area is in keeping with the size of abutting structures.
Plans and photographs of the dwelling were submitted to the Board to review. One letter
from abutter Heidi M. Furlong of 4 Chapel Hill Road was submitted in favor of this
proposal.
Chairperson Day Ann Kelley asked if anyone from the public had any questions or
comments pertaining to this petition. There being no one present she asked the Board
members for their questions and comments.
Mr. Margolis and Ms. O'Brien were in favor of the proposal. Mr. Ferguson stated he
made a site visit and was also in favor of the petition. Ms. Brusca made a site visit and
asked if any part of the existing deck would remain. Mr. Hovey replied the existing deck
would come down and a new deck added toward the center of the yard. Ms. Kelley
stated the addition would encroach but the existing dwelling conforms. This specific
variance is the minimum variance that will grant reasonable relief to the owner and is
necessary for a reasonable use of the land or building. She added that the shape of the lot
is a hardship.
Ms. Kelley commented that the conditions of a variance have been met.
A motion was made by Ms. O'Brien to grant the variance at 25 Grover Street to construct
a rear sunroom and deck with a side setback of 12.2 -feet instead of the required 15 -feet.
The hardship is the shape of the lot and presence of ledge. Subject to plans submitted
with the application. Ms. Brusca seconded the motion. Motion carries 5 — 0. (Kelley,
Ferguson, O'Brien, Margolis, and Brusca in favor)
9 Winslow Road — R -10 Zone — Peter A. Dandridge
Special Permit Request
Mr. John Seger, Architect spoke on behalf of the petitioner. He is requesting to construct
(2) two -story additions and an attached garage to the right side of the nonconforming
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dwelling. The additions will meet all setbacks. The property is approximately 0.281
acres and the structures on the property consist of a small old colonial style 2- bedroom
single - family dwelling built ca. 1900. He explained the dwelling would go from a 2-
bedroom to a 4- bedroom dwelling to create a first floor bedroom for the homeowner's
elderly mother to live with the family as she is no longer able to live alone. The new
addition will also add a 4 th bedroom to be used by the homeowner's son when he is
visiting, as well as shared living space for the family to use together. The addition will
conform to all setback and height requirements. The proposed addition will enhance the
streetscape and will fit well within the established neighborhood.
Photographs and plans were provided for the Board to review.
The following addresses were submitted in favor of the proposal:
4, 6, 8, 13, 14, 24, 25 Winslow Road, 54 Sunset Drive, 427 Elliott Street,
and 68 and 64 County Way Ext.
Chairperson Day Ann Kelley 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. Ms. Bursa asked if the existing garage
would remain. Mr. Dandridge responded that he will install a new barn type door on the
exiting garage but the driveway leading to it would be removed. A shed on the property
will also be removed. Ms. Brusca commented that this is a nice design and good use of
the property. She is in favor of the petition. Mr. Ferguson made a site visit and asked if
the concrete pad would be removed. Mr. Dandridge confirmed that it would. Mr.
Ferguson stated several abutters signed a petition in favor of the proposal. Mr. Ferguson
and Ms. O'Brien are in favor of this petition. Mr. Margolis commented that the case was
presented well. He has no problem with the old 12' by 26' garage being left up.
A motion was made by Mr. Margolis to grant the special permit at 9 Winslow Road to
construct (2) two -story additions and an attached two -car garage to the right side of the
nonconforming dwelling subject to the plans submitted. The additions to meet all
setbacks. The proposed alterations /extensions will not be substantially more detrimental
than the existing nonconforming structure to the neighborhood. The criteria of Section
29 -27 C (2) have been met. Ms. O'Brien seconded the motion. Motion carries 5 — 0.
(Kelley, Margolis, Ferguson, O'Brien, and Brusca in favor)
890 Hale Street — R45 Zone — Robert and Elaine Seliur/M. Gooding, Esq.
Special Permit Request
Sally Koen replacing Scott Ferguson
Attorney Amanda Gooding represented the petitioner's. She stated the request was for a
special permit under Section 29- 27.N.3 of the zoning ordinance, and such other relief that
may be required, to authorize the reconstruction of a single - family residence, which was
involuntarily destroyed by fire in 2008. The replacement residence will not be increased
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in building volume, footprint or area by more than 50% compared to the original
residence and will comply with all applicable dimensional requirements under the zoning
ordinance. This 2 -story residence contains approximately 11,246 square feet of area,
together with a 3 -car attached garage, an accessory swimming pool and cabana, and
related landscaping improvements, all as shown on plans. The existing one -story garage
and carriage house structure will be maintained in its current location.
The petitioners are purchasers under Purchase and Sale Agreement for the Property dated
as of May 14, 2012. They are hoping to purchase the 7acre lot this July. This property is
located on a common driveway and does not have the frontage requirement. In August of
2008 a fire swept the 13,500 s. f. of area. Together with a detached garage /carriage house
with upstairs living area. Following the fire, the remains of the residence were razed, but
portions of the original foundation and retaining walls remain, together with the garage
structure. The carriage house remained in tack and that is where the Seligers are now
residing.
Mr. Siemasko stated this new dwelling is 16% smaller than the original. The existing
driveway remains. The drawings presented indicated what was there and the new design.
There are (2) bedrooms over the three -car garage. Mr. Siemasko stated this dwelling is
on a much lower scale and explained the elevations of the roof.
A letter in support of t his project from abutter Barbara P. Metcalf of 894 Hale Street was
submitted to the Board for review.
Chairperson Kelley asked if any person in the public had any questions or comment
relative to this proposal. Mr. Lawrence Berk of 888 Rear Hale Street said he looked
forward to meeting the new neighbors and having the dwelling rebuilt.
Chairperson Kelley asked the Board members for their questions and comments. Ms.
Brusca stated the footprint would be larger but the height of 35' did come down. She
added she was in favor of this design. Mr. Margolis concurred. Ms. Kelley commented
that the design was very appealing. Ms. Koen stated she made a site visit and the views
were breathtaking. She is in favor of this proposal.
A motion was made by Ms. Koen to grant the special permit at 890 Hale Street to
authorize the reconstruction of a single - family residence, which was involuntarily
destroyed by fire, on a nonconforming lot. 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.
Motion was seconded by Ms. O'Brien. Motion carries 5 - 0. (Kelley, Koen, O'Brien,
Margolis, and Brusca in favor)
Administrative Business:
The Board discussed the minutes of April and May 2012. A motion was made by Ms.
O'Brien to accept the Board of Appeal minutes for April 24, 2012 and May 22, 2012.
Mr. Ferguson seconded the motion. Motion passes 5 — 0. (Kelley, Ferguson, O'Brien,
Brusca, and Margolis in favor)
After a discussion the Board voted to have a meeting in August and go back to having the
month of December off.
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