2010-05-25CITY OF BEVERLY MASSACHUSETTS
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: May 25, 2010
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Full Members: Margaret O'Brien, Acting Chairperson,
and Joel Margolis. Alternate Members: Pamela
Gougian and Sally Koen
Others Present: Building Commissioner — Director Steven Frederickson
and Clerk of the Board — Diane Rogers
Absent: Chairperson Day Ann Kelley, Full Members Scott
Ferguson and Jane Brusca
Acting Chairperson Margaret O'Brien opened the meeting to the public at 7:00 p.m. She
stated that Chairperson Kelley, and Full Members Jane Brusca and Scott Ferguson were
not present tonight and therefore the remaining (4) members must all vote in favor to
grant the application. The petitioner has the right to continue the petition until the next
scheduled meeting on June 22, 2010 when (5) members would be present.
Chairperson O'Brien read into record a letter faxed and dated May 25, 2010 from Poyant
Sign Co. Ms. Natalia Pelletier wrote she would like to continue the request to erect a
freestanding sign 6 -feet by 7 -feet 4- inches for the CVS Pharmacy, located at 446 Rantoul
Street in the CC Zoning District to be carried to the next meeting scheduled for June 22,
2010. She added the reason was because of unexpected delays and being in New York
unable to attend tonight's meeting.
No one appeared in favor or opposition to this request.
After the Boards discussion Mr. Margolis made a motion to allow the application
regarding CVS located at 446 Rantoul to be continued to the next scheduled meeting June
22, 2010. Seconded by Ms. Gougian. Motion carries 4 — 0. A waiver of time to be
signed. (O'Brien, Margolis, Gougian, and Koen in favor)
Request (6) months extension on Variance
Margaret O'Brien, Acting Chairperson, read a letter into record from Attorney Miranda
P. Gooding from Glovsky and Glovsky LLC. The Decision granting a Finding under
Section 29 -28.13 of the Zoning Ordinance and a Variance was granted on July 29, 2009
and filed with the City Clerk's office on August 11, 2009. The Decision authorized the
construction of an addition on the rear of Mr. and Mrs. Douglas Sloads existing single -
family dwelling located at 12 Parramatta Road. The Variance was duly recorded with the
Essex South Registry of Deeds in Book 28906, page 340. Atty. Gooding stated due to
the economic downturn, the applicants postponed the commencement of their home
renovation project over the winter. They are currently interviewing contractors for the
project but there is a chance that the work will not get underway before the one -year
anniversary of the grant of the Variance on July 29, 2010. Accordingly, the applicants
request that the Board grant a six (6) months extension of the Variance, pursuant to
Massachusetts General Laws Chapter 40A, Section 10, and that the Board take action
upon this request at their next regularly scheduled meeting.
After discussion Mr. Margolis made a motion to allow a (6) months extension to Mr. and
Mrs. Douglas Sload of 12 Parramatta Road Variance that was granted on July 29, 2009.
Subject to the signing of a waiver. Seconded by Ms. Gougian. Motion carries 4 — 0.
(O'Brien, Margolis, Gougian, and Koen in favor)
Holcroft Park Homes, LLC Comprehensive Permit
Request for Extension and Modification
Attorney Alexander spoke on behalf of Holcroft Park Homes, LLC regarding the grant of
the Comprehensive Permit located at 5, 9, 17 -19, 21, 25, 33 and 37 Mill Street and 10,
22, and 28 -30 Grant Street. He stated that in accordance with 760 CMR 56.05 (12) (C)
the petitioner respectfully request an extension of an additional three (3) years for the
Comprehensive Permit issued by the Board of Appeals on July 31, 2007 and filed with
the City Clerk on September 5, 2007. In addition the Petitioner seeks to modify the
Comprehensive Permit by reducing the total number of Units from sixty -five (65) to fifty
eight (58), which will allow for the enlargement of some units. The setback of the
proposed buildings will stay the same and the elevations will be altered to provide more
texture to the building. Two buildings will contain 20 Units not 23. The building at 11
Mill, 5 -9 Mill and 10 Grant Street that were to contain 4 Units will now contain 3. Each
building will contain its own laundry facility.
Mr. Mark Dirksen of 29 Mill Street spoke in favor of this request.
Acting Chairperson Margaret O'Brien asked the Board members for their questions and
comments. Mr. Margolis asked how many more parking spaces there would be. Atty.
Alexander responded that there would not be any more parking spaces but more space to
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the units. Mrs. O'Brien asked how the extra space was being provided. A representative
of Mostue & Associates Architects provided a drawing indicating how a few three -
bedroom apartments were converted from the previous two - bedroom plans, which are
located in the upper right side of the building. Ms. Koen had no questions relative to this
request.
Attorney Alexander stated to Mr. Margolis that the project should be ready to break
ground prior to January of 2011.
A motion was made by Mr. Margolis to grant an additional three (3) year extension to
Holcroft Park Homes, LLC's Comprehensive Permit. In addition the Modification of the
Comprehensive Permit by reducing the total number of Units from sixty -five (65) to fifty
eight (58) was also allowed. Seconded by Ms. Koen. Motion carries 4 — 0. (O'Brien,
Margolis, Gougian, and Keon in favor)
15 Connor Road — R -15 Zone — Scott and Stacy Alexander
Stacy Alexander spoke on her own behalf. She stated she was requesting to construct an
addition to include a garage and expanded bedroom areas which will encroach 4 -feet
upon the required 15 -feet side yard setback. She introduced her father Mr. McCormack
who has sold them the family homestead. Mr. McCormack stated he had owned the
dwelling since 1958. He added this proposal is for a one -car garage, a second story
master bedroom and bedroom expansions in the main dwelling. The design will require
adding 12 -feet to the side of the existing structure. Adjacent to Lot 17, this leaves only
11 feet to the property line. The current bedroom area will become a family area with a
kitchen. Due to family circumstances, additional living space is required for her parents.
To effectively and efficiently add this space, a second story bedroom addition was
designed on top of the existing 18' by 18' addition on the rear of the dwelling. Due to
the nature of the existing foundation, it was found that new footings needed to be poured.
This resulted in the creation of a plan with additional garage space that incorporates the
new foundation required to support the second floor. New elevation drawings were
submitted to the Board and the Main Floor (N) showed the dimension increase to allow
for foundation wall on the south side was 18 -feet, will now be 20 -feet 11- .25 inches.
The variance supports the garage concept that allows for an attractive and cost effective
project. Mr. Margolis asked Mr. McCormack to discuss the hardship associated with the
variance request. He responded that there is water in the rear of the property. He added
that this was a minimal request that would still allow his daughter reasonable use of her
property. The following is a list of neighbors in favor of this proposal: Barbara Tadiello
of 20 Conner Road, Timothy Hagerty of 18 Conner Road, Harry Silverstein of 14 Conner
Road and Robert Lubas of 12 Conner Road.
Chairperson O'Brien asked if anyone in the public had any questions or comments
relative to this proposal. There being no one present she asked the Board for their
questions and comments. Mr. Margolis asked Mr. McCormack if his next -door neighbor
was in support of this proposal. Mr. McCormack responded that the next -door neighbor
was not home when he went to discuss the project. Ms. O'Brien questioned the slight
modifications to the plan and asked the Building Commissioner for his input. Mr.
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Frederickson responded the new encroachment would be ok. He stated the 100 -feet of
frontage existing, rather than the 125 -feet that is required, means the proposed addition
does not meet the side yard setbacks. Ms. Gougian questioned the rear yard setback. Mr.
Margolis commented that he concurred that the water table in the rear yard was a
concern. Ms. Koen stated (4) neighbors were in support of this proposal.
A Motion was made by Ms. Koen to GRANT Scott and Stacy Alexander of 15 Conner
Road, in the R -15 Zone a Variance to construct an addition to include a garage and
expanded bedroom areas which will encroach 4 -feet upon the 15 -feet required side yard
setback. The hardship associated with this variance is the water run off in the rear yard
and that this request was for minimal relief from the zoning ordinance and will be in
harmony with the general purpose and intent of this Chapter, and will not be injurious to
the neighborhood or otherwise detrimental to the public welfare. The plans submitted at
the May 25, 2010 meeting be strictly complied with, are identified in, and incorporated
into, the Board's decision and the elevations drawings, to the extent feasible, are recorded
with the decision. Seconded by Mr. Margolis. Motion carries 4 — 0. (O'Brien, Margolis,
Gougian, and Keon in favor)
Meeting adjourned 7:50 p.m.
Ms. Gougian will read the May 25, 2010 Draft minutes
Ms. Kelley the April 27 Draft minutes
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