2011-03-22CITY 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: March 22, 2011
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Margaret O'Brien, Acting Chairperson
Regular Members: Scott Ferguson and Joel Margolis
Alternate Members: Pamela Gougian and Sally Koen
Others Present: Steve Frederickson — Building Commissioner /Zoning
Officer and Diane Rogers — Clerk for the Board
Absent: Day Ann Kelley, Jane Brusca, and John Harden
Margaret O'Brien, Acting Chairperson opened the meeting to the public at 7:00 p.m. She
announced that there was one case continued from the January 25, 2011 meeting, the only
case to be heard this evening.
2 Woodbury Drive — R -10 Zone — Kenneth J. Bonugli
Section 6 Finding Request
Mr. Bonugli spoke on his own behalf. He stated he was requesting to replace the existing
18 -feet by 18 -feet low -level deck structure with a single level family room without
modifying the existing property footprint.
Mr. Bonugli stated he appeared before the Board on January 25, 2011 and the proposal
was continued to March 22, 2011. He added that the Board had suggested the proposed
addition be reduced in size, the windows be enlarged keeping with the design of the
dwelling, and to change the roofline to match the dwelling. He submitted new plans for
the Board to review. He stated he changed the footprint of the addition from 18 -feet by
18 -feet (square) to a 16 -feet by 18 -feet rectangle. This would make the side setback 6-
feet instead of 8 -feet. He changed the window size to match the front of the house. The
profile of the roof and pitch was changed in height by cutting back to a three -sided pitch
instead of the two, which would enable a better view for abutter, Carolyn Sutton Dowd.
He stated he also added two smaller windows on each side of the fireplace to give an
architectural quality. He commented this change was agreeable to his wife and neighbor
Ms. Dowd. Abutting neighbors Ann and Marc Levesque of 4 Woodbury Drive reviewed
the plans and signed a petition in support.
Acting Chairperson Margaret O'Brien asked if anyone from the public had and questions
or comments relative to this proposal. Carolyn Sutton Dowd of 4 Woodbury Street stated
she and her husband had concerns about the closeness of the addition to their property.
She added the setback would be too close to her property, which was built in 1889 when
there were no zoning requirements. She stated she asked Mr. Bonugli if he would
consider reducing the size of the addition. She stated she was agreeable with the new
plans but would prefer the addition be reduced 3 -feet not 2 -feet. Ms. Dowd also
requested that the landscaping along the wall be discussed with her. She added she was
of the opinion more time was needed tonight to discuss this project.
Ms. O'Brien asked what the setback was on the original plan. Mr. Bonugli stated it was
12 -feet from the rear property line to the edge of the deck; the required setback is 25 -feet.
Mr. Bonugli stated he had spoken to a landscaping professional and was told that in that
area because of a very large tree with many roots soaking up all the water, not much
would grow there. He planted holly bushes in that location but they did not survive. The
bushes that are presently there are growing but they do have thorns. He stated he has no
problem with discussing the landscape with Ms. Dowd. He commented he did not want
to plant something there every year and have it die.
Ms. O'Brien asked the Board Members for their questions and comments. Ms. Koen had
no questions at this time. The Board asked if there were any photographs of Ms. Dowd's
single story addition. Mr. Bonugli showed pictures of his property and indicated the
location. Ms. Gougian asked to explain the cutting down of the roofline. Mr. Bonugli
stated the pitch of the roof is the same, he cut off the end (brought it down) to 3 sided not
2 sided.
Mr. Margolis stated he appreciated the fact that Mr. Bonugli made the changes the Board
had suggested at the January 25, 2011 meeting. He is of the opinion the proposed
addition should be reduced by 2 -feet. (16' x 16').
Mr. Ferguson stated that Mr. Bonugli had made more than one adjustment on volume and
profile on the plans. He recognized that Mr. Bonugli also stated he would reduce the
addition even more.
Ms. O'Brien stated she preferred a 3 -feet reduction (15 -feet x 15 -feet) as did Ms. Dowd.
Ms. Dowd stated she would like further time to review the final plans and to discuss
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landscaping. Ms. O'Brien commented it would be hard for the Board to mandate
landscaping. _She added she thought the plans would have to be reviewed and was
considering requesting the Board continuing the hearing until the next scheduled meeting
in April.
Mr. Margolis stated that Mr. Bonugli was agreeable to a 2 -feet reduction in size and
therefore he was ready to vote tonight. Mr. Ferguson concurred.
Ms. O'Brien stated that Ms. Dowd did not attend the January 25, 2011 meeting. She
added that a condition on the Decision of 2002 was not to enclose the open deck.
Mr. Margolis stated the entire Board had made a site visit to the property and he was of
the opinion a decision should be made this evening.
Ms. O'Brien asked Building Commissioner Steve Frederickson if the Board had to
approve the plans they review. Mr. Frederickson responded no, the size of the reduction
as the condition is to be specified in the Decision.
Ms. Gougian and Ms. Koen approved the 2 -feet reduction in size on the proposed
addition.
Mr. Ferguson made a MOTION to approve Mr. Bonugli's Section 6 Finding that was
carried over from the January 25, 2011 meeting, located at 2 Woodbury Drive That: the
proposed alteration/extension will not be substantially more detrimental than the existing
non - conforming structure to the neighborhood and having considered the special permit
criteria set out in the Beverly Zoning Ordinance at Section 29 -27 C(2) A, C, D, E, & F,
with the following single condition: That the 18'- 2" dimension be shrunk to 16'- 2" plus
or minus an inch on both sides. Seconded by Mr. Margolis. Motion carries 4 — 1.
(Ferguson, Margolis, Gougian, and Koen in favor) (Ms. O'Brien voted in the negative)
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