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2011-11-22CITY 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 Board's 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: November 22, 2011 Place: Beverly City Hall, Councilors Chamber, 191 Cabot Street Board Members Present: Chairperson, Day Ann Kelley Regular Members: Scott Ferguson, Margaret O'Brien, Joel Margolis and Jane Brusca Others Present: Diane Rogers — Clerk for the Board Absent: Alternate Members: Pamela Gougian, Sally Koen, and John Harden. Steve Frederickson — Building Commissioner /Zoning Officer Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. She announced there were one holdover case from October 27, 2011 and one new case. 33 Crescent Avenue — R -10 Zone — Ferdinand E. Massari Variance Request Mr. Steven W. Harrington, Architect from Carpenter and Mac Neille spoke on behalf of the petitioner. He submitted a letter to the Board requesting the application for a variance to construct a new garage at 33 Crescent Avenue be withdrawn without prejudice. He stated due to several issues, the owner has decided not to go forward with the application for a variance at this time. Ms. Jean Dawson of 34 Crescent Avenue stated she had concerns about the proposed structure and the impact it would have upon the neighborhood. Ms. O'Brien and Ms. Kelley made a site visit and commented that this was a very tight area. They suggested that Mr. Harrington consult with the neighbors before new plans were designed for the proposed garage. A motion was made by Ms. O'Brien to allow the petition at 33 Crescent Avenue to be withdrawn without prejudice. Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley, Ferguson, O'Brien, Margolis, and Brusca in favor) 23 -25 Blaine Avenue — R -10 Zone — Jay and Richard Goldberg Special Permit Continued from the October 27, 2011 Meeting Attorney Thomas Alexander spoke on behalf of the Petitioner's. He stated that last month concerns regarding parking and the rental of the commercial garages, which are located on the rear of this property, to outside contractors. Mr. Goldberg redesigned the property and the rental of the garages will be eliminated and be used for tenant parking. Atty. Alexander submitted "History of Zoning" to the Board for review. He explained from 1939 when zoning began to 1949 this property was zoned business area. In 1949 to 1965 the zone was Residential B -2 which contained two - families and multi family use. The contractor's storage in those garages were allowed. In 1975 the zone changed to R- 10, non - conforming. Atty. Alexander stated that the Goldberg's acknowledge this property, which was under contract to the Group Home, was not well managed and they want to make it right. Mr. David Jaquith, Architect for the Goldberg's explained the new design and drawings of the property. He stated the project cost is high approximately ($300,000.00) Three Hundred Thousand Dollars. He added that the planting of boxwood trees out in the front of the dwelling would enhance the property. Mountain Laurels would also be planted along the left side of the dwelling. Arborvitaes would be planted in front of the fence by the parking spaces. Mr. Jaquith added the roof of the garages would be re- shingled if necessary, new garage doors would be installed, and new clapboarding. Ms. Kelley asked if the garages were on a slab floor. Mr. Jaquith responded the garage floor was cement. He added the stairway down the side of the dwelling is the second means of egress. The material of the stairway is pressure treated wood, which will be painted white, same as the dwelling. Shutters on every window would also be installed. Mr. Ferguson asked what the plan was to clean up the rear of the property behind the garages. 2 Mr. Jaquith responded that the Goldberg's own approximately 2 -3 feet of land behind the garage and they plan to make it appear better where as the Memorial School abuts this property. Mr. Ferguson asked about snow removal. Atty. Alexander responded that some of the snow in the parking area would be trucked out. Ms. Kelley stated this is a change in a non - conforming use, the petitioner is requesting a commercial property be converted to residential. She added some of the neighbors have voiced their objections. Ms. Kelley asked if the Goldberg's spoke with the neighbors and presented the new design to them. Jay Goldberg responded no. He explained that he informed the neighbors that he would be there of Friday, however, no one showed up. He added he also sent out a notice by registered mail. Attorney Kenneth Jarvinen representing Mark Barbeau of 21 Balch Street and Berea K. Girard of 21 Blaine Avenue spoke. He stated that some abutting property owners have zealously objected and that their objections are valid and are based on demonstrable fact. He added with 5 units there would be more traffic on this one -way street. Ms. Kelley asked if he had reviewed the new plans for the property. Mr. Jarvinen responded he had not. The new plans were given to him and some of the neighbors to review. After reviewing the plans Atty. Jarvinen asked the Board to allow 4 units not 5. Mr. Mark Barbeau stated 5 -units are too many in this neighborhood. A letter was submitted from Benjamin Couillard stating he has rented a storage garage since 1992. His wife Paula of 188 Dodge Street stated her husband would loose his storage space but she was happy that the area would be cleaned up, especially for the children at the Memorial Building. Ms. Berea Girard of 21 Blaine Avenue read her letter into record against this proposal. Ms. Brusca stated that when the Board approves a plan it is recorded with the decision and any conditions will be placed in the decision. Mr. Ferguson stated the plans will be filed with the decision and that is what it will look like and how it will be built. Mr. Richard Goldberg stated he is planning to spend allot of money to restore this property and he will stake his reputation on beginning this project as soon as the 20 -day appeal is over. He added this project will be beneficial to Ms. Girard and the neighbors. Atty. Alexander stated there would be two parking spaces per unit plus two extra spaces, a total of 12 spaces. Chairperson Day Ann Kelley closed the public hearing. She stated "Board members" we have to establish if this is a reasonable change in a non - conforming use. She is of the opinion this would be an improvement because of the elimination of renting the commercial garages. She stated she would prefer no commercial vehicles be parked on the property. Ms. Kelley commented that looking at the plan there is 110 -feet of frontage and has 12 parking spaces, which makes this a unique property in this neighborhood. She added that the building is so large it makes sense to request 4 or 5 units. Mr. Margolis stated the Goldberg's are eliminating the renting of the commercial garages, they have redesigned the proposal, there are 12 parking spaces provided, and this is an appropriate use. Mr. Ferguson stated this is a special permit and it meets the criteria of Section 29 27 3 C2 items A -F. He has been to this location several times and he believes the Goldberg's have a great reputation in Real Estate and as Landlords. He does not think there will be more traffic. He stated he was in favor of 5 -units in the dwelling. Ms. Brusca concurs with the other Board members. She stated the Goldberg' have addressed the problems and have tried to resolve them. She added she is in favor of 5 -units because there are 12 parking spaces available. The top floor of the 5 -unit would have 2 bedrooms. Ms. O'Brien was inclined to 4 units but changed her mind thinking a family could want more than one bedroom. Mr. Jaquith stated it was better to have a five unit because the space is there. The staff resided on the top floor of the group home. He added the dwelling was originally a duplex. Ms. Kelley stated she was happy with 4- units. Ms. O'Brien stated the Goldberg's have a great reputation and she was sure they would check prospective tenants backgrounds before renting because they would want to keep the property nicely kept. Mr. Ferguson stated he would like to suggest the following conditions in the decision: 1) No commercial vehicles without purpose will be parked overnight on site after occupancy permit is issued by the building department. 2) Planting and landscaping to be maintained. Exact plants specified on plan to be used. 3) The rear of the commercial garages will be cleaned up. 4) The exterior of the garages will be reclapboarded, roof replaced or fixed. Ms. O'Brien mentioned the railings on the side stares are pressure treated wood and required special paint. Ms. Kelley specified the colors and finish to be what was proposed in the plan accepted tonight. The Plans drawn by David Jaquith and financial information in terms of estimated cost of contract be included in the decision. Mr. Jaquith stated there will be 40 -feet of fence installed according to plan with vinyl caps. New shutters will be installed on the windows of the dwelling. Attorney Alexander suggested commercial vehicles could be parked inside the garages if owned by the tenant. A motion was made by Mr. Ferguson to grant the special permit request at 23 -35 Blaine Avenue by Jay and Dick Goldberg to convert an existing group home into 5 -units and to substitute the new non - conforming use for the current non - conforming use. The proposed alteration will not be substantially more detrimental than the existing non- conforming structure to the neighborhood. The Board finds the criteria are satisfied per Section 29 -27 -C (2) (a) — (f) subject to the following conditions: (1.) No commercial vehicles without purpose will be parked on site overnight in the garages after the occupancy permit has been issued by the Building Department. (2.) That the plantings and landscapings that are proposed by the architect be maintained or replaced if necessary with species submitted on plan accepted tonight. (3.) That the garage area in general will be refurbished to plans accepted tonight and that the rear of the garage area will be cleared up and made presentable. (4.) That the outside railings as they exist on the dwelling will be painted "white" (5.) That the 40 -feet of fence in the front of the building will be constructed according to plans accepted tonight. (6.) The new shutters will conform to the plans accepted this evening. (7.) The rendering architectural cost estimate for the project be included in the 0 decision. Ms. O'Brien suggested commercial trucks owned by tenants may be parked inside the garages as Tom Alexander has mentioned. Item #1 changed Motion seconded by Ms. O'Brien. Motion carries 5 — 0. (Kelley, Margolis, Ferguson, O'Brien, and Brusca voted in favor) Business Mr. Ferguson made a motion to accept the minutes of September 27 and October 25, 2011. Seconded unanimously. Motion carried 5 -0. Leah Zambernardi corrected who voted on the Darlene Nunez of 28 Beckford Street Variance request. Mr. Margolis voted not Mr. Harden. Leah Zambernardi corrected who voted on the Arthur Gates of 8 Salter's Avenue Variance request. Mr. Margolis voted not Mr. Harden.