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2009-08-25 (2)CITY 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 be included in examination of the Board's Decision for that hearing. Board: Zoning Board of Appeal Date: August 25, 2009 Place: Beverly City Hall, 191 Cabot Street, Councilors Chamber, Y floor, 7:00 p.m. Board Members Present: Full Members: Day Ann Kelley, Chairperson, Scott Ferguson, Margaret O'Brien, Jane Brusca and Joel Margolis. Alternate Members: Pamela Gougian and Sally Kohen. Others Present: Director of Municipal Inspections- Zoning Officer Steven Frederickson and Clerk of the Board Diane Rogers Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. She stated there were 5 cases scheduled this evening and a holdover. She explained the process of obtaining a special permit /finding and variance to the public. Chairperson Kelley stated that the Hansbury Court, LLC petition had been continued from the May, June and July hearing. A letter was submitted to the Clerk of the Board from Attorney Marshall Handly, representing the petitioner, requesting the hearing on this matter be continued at the September 22, 2009 scheduled meeting or the next available date. Ms. Kelley read his letter into record. She added this request was to allow (3) dwelling units for a total of six - semi - detached dwelling units on the lot located at 11 Congress /Wellman Street, in an R -6 Zoning District. The proposed townhouses are greater than what is allowed. Mr. Ferguson read the legal advertisement into record. Attorney Handly could not be here this evening because of personal reasons. Mr. Ferguson made a motion and it was seconded by Ms. O'Brien to continue the petition to the next scheduled meeting September 22, 2009. A Waiver of Time to be signed. Mr. Margolis added that the proposed plans are to be presented two weeks before the hearing for the Board to review. Motion carries unanimously. 36 Williams Street — R -10 Zone — George and Pamela Vanikiotis Variance Request Mr. Jeffery Ward, Contractor spoke on behalf of the petitioner's. He stated he was requesting a variance to construct a 6 -feet by 12 -feet breezeway with an attached 15 -feet by 25 -feet single -car garage which will encroach on the left side setback by 1.3 -feet and rear setback by 8.3 -feet. He added he believed the hardship was the dwelling was positioned on the corner of the lot and that there was no other alternative to place the proposed garage and breezeway. Photographs were submitted to the Board for review. Mr. Ward submitted the following petition of abutters in favor of his project: Sharon Packard of 16 Guild Road, Emily Brown of 39 Friend Street, Terence A. Healey of 26 Guild Road, and Frank Costa of 23 Guild Road. Howard Marcley, Jr. of 40 Williams Street was not in favor of the proposal. Chairperson Kelley asked if any of the public had questions or comments. There being no one present she then asked for the Boards questions and comments. Joel Margolis asked what the hardship was on the project. Mr. Ward responded he believed the hardship is the way the dwelling is positioned on the corner of the lot and that there was no other alternative. He added that the current driveway is there and the proposed breezeway would provide access into the dwelling. Mr. Margolis asked if there would be an encroachment without the breezeway. Mr. Ward responded yes, an encroachment would still remain. Ms. O'Brien stated the person objecting to this proposal lives to the other side of the petitioner and would not be affected by the proposed addition. She added that she is in favor of this petition. Ms. Kelley stated this property contains the required 10,000 sq. ft. of land in an R -10 Zone. She asked if the garage could be turned around at an angle, made shorter, and positioned parallel to Guild Road. She believed this could eliminate some of the encroachment. Mr. Ward stated an ordinary one -car garage would measure 16 -feet by 22 -feet. He added that he specified a larger size garage for storage of the lawnmower and various items. Mr. Ferguson stated several years ago he had work done on his dwelling by Mr. Ward who he found to be reliable. He added he conducted a site visit and he believes that reducing the size of the garage would alleviate some of the encroachment. Mr. Ferguson made a motion to approve the variance which requested the construction of a one -car garage and breezeway encroaching on the rear setback of 8.3 -feet with the condition that the length of the garage decrease by a minimum of 2 '/z -feet (to a new length of 22 '/z -feet) so not to encroach on the side yard setback of 15 -feet. Seconded by Ms. O'Brien. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, O'Brien, and Brusca in favor) 2 Administrative Business Mark Glovsky, Esq. wrote a letter to the Zoning Board dated August 14, 2009 requesting to amend two clerical errors with regard to the number of suites in the main residence building comprising the Harvest Development LLC, for the Beverly Retirement Center. The decision was filed with the City Clerk's office on February 17, 2009. Attorney Amanda Gooding spoke on behalf of Mr. Glovsky. She stated the plans submitted with the original Application for A Special Permit represented that the main building would consist of 154 suites and that there would be an additional 18 -units contained in the 9 duplexes proposed for the project, yielding a total of 172 units. During the public hearings, however, the Applicant represented to the Board that the number of units in the main residents building had in fact increased to 155 units, producing a total number of 173 units in the project, and the floor plans for the main building submitted for the Board's review in fact contained a total of 155 units However, the fifth paragraph of the Decision, appearing on pages 1 and 2, contains a reference to a "154 unit" building, as well as a reference to "172 units" as the total number of proposed units in the design. The Applicant is concerned that the incorrect description of the project might lead to confusion with regard to the issuance of the occupancy or other permit for the project. Delete the Site Plan and floor plans attached to the Decision which reference "14 units" in the main residence building and substitute the Site Pan and floor plans for the main building attached to the letter dated August 14, 2009 which correctly references "155 units ". The attached plans also incorporate certain minor changes in the orientation and setback of the main building from Conant Street which were approved by the Planning Board and are incorporated into the terms of this Board' Please note: 1 that the revisions increase the distances of the closest point of the building to Conant Street from the approximately 115 feet on the prior version of the Site Plan to approximately 140 -feet and increase the vegetative buffer between Conant Street and the building from 75 to 90 -feet in most locations. Chairperson Kelley read into record the (3) corrections to be made to the Decision and the Board voted to amend the Decision to correct the above -cited references. Ms. O'Brien stated so moved. Motion carries unanimously. 44 Shortell Avenue — Carleton Ekbm — R -10 Zone Variance Request Sally Koen voting for Margaret O'Brien Withdrew Without Prediuice Mr. Carleton Ekborg spoke on his own behalf. He stated he was requesting to construct a 2nd floor addition. The left side setback would be 13.5 -feet, the front setback would be 9.9 -feet and the right side setback would be 8 -feet instead of 15, 20, 15, respectfully. He added he resided in a small two - bedroom dwelling with his wife and three daughters. The lot contains 5,000 square feet of area. The additional square footage is for bedrooms. Mr. Ekborg stated the addition would be modular and would arrive in pieces and would be all constructed within a month. He submitted a petition with (13) neighbors in support of this petition. Day Ann Kelley, Chairperson asked if anyone from the public had comments or questions. Mr. and Mrs. Silvio Salvanelli of 38 Shortell Avenue spoke in favor of this proposal. Mr. Salvanelli stated the Ekborg's were nice respectable people who wanted to remain in this neighborhood. Ms. Kelley then asked the Board members for their questions and comments. Ms. Brusca stated her only concern is the overhang. Ms. Kelley stated this is a nonconforming lot. The setback is based on the overhang. Mr. Ekborg stated he wanted larger rooms for the children so he decided on the overhang. Ms. Kelley explained that a hardship would be the topography of the land, ledge, position of the dwelling on the lot or water issues. She stated she did not see a hardship pertaining to this lot. She asked if Mr. Ekborg had considered building out toward the backyard. Ms. Brusca concurred. Mr. Ferguson made a site visit and stated the neighborhood consisted of mostly small cape designed dwellings. He added that the dwellings located at 42 and 46 Shortell Avenue did have second story additions but the lot was larger. Mr. Ferguson commented that needing more living space is not a criteria for a variance. He suggested building into the rear yard. Ms. Koen stated the petitioner and his family want to stay in the area even though they looked at other property containing 4 bedrooms. Mr. Margolis stated he had a problem with the mass of this building. He suggested building straight up which, would make the bedrooms smaller but cut down on the massing of the building. Ms. Kelley stated she had concerns with the appearance of the overhang. She asked if a new plan could be designed. Building Commissioner, Steven Frederickson stated the petitioner could go straight up, use the same footprint, and request a Special Permit Finding, not a Variance. Ms. Brusca stated she was not in favor of this proposal. She believes there are other alternatives such as demolishing the garage in the rear yard that is being used for storage. Mr. Ekborg stated he would request to Withdraw Without Prejudice. A motion was made by Mr. Margolis and seconded by Mr. Ferguson to allow the petitioner to Withdraw his petition Without Prejudice. Motion carries unanimously. (Kelley, Ferguson, Brusca, Margolis, and Koen in favor) 8 Willow Street — R -6 Zone — Glen Janvrin Variance Request Ms. Koen voting for Ms. O'Brien Continued until the next scheduled meeting September 22, 2009 0 Mr. Janvrin spoke on his own behalf. He is requesting to allow the proposed construction of a 3 story addition 23 -feet by 11 -feet over existing first floor and deck, a 10 -feet by 11 -feet sunroom on the 1 st floor. Second floor addition to contain a 10 -feet by 11 -feet playroom, and and l -feet by 14 -ft. bedroom located on the 3 floor. The addition will be within the existing footprint. Mr. Janvrin stated he withdrew his petition without prejudice at the January 2009 hearing. The Board suggested he scale down his request. He stated he desperately is in need of another bedroom and playroom for his three children. He showed the new plans and explained the new footprint. Ms. Brusca asked if the 2nd and 3 floor were bedrooms. Mr. Janvrin responded he proposed a playroom on the 2nd floor and a bedroom on the 3 floor. Ms. Kelley asked for elevations drawings. She stated 31 -feet in height would fit into the neighborhood. Ms. Kelley asked if the existing deck would remain. Mr. Janvrin responded the deck would remain. Ms. Gougian asked how many square feet would be added to the dwelling when complete. Mr. Janvrin responded there would be an extra 500- square feet. Mr. Margolis stated there was a great improvement in the plans submitted tonight. He added that he was concerned with the roofline and ridgeline. Mr. Janvrin responded that was the gable. Ms. Brusca stated she did not see why the roof is so high. Mr. Janvrin responded there will be a 10.9 -feet ceiling height on the 3 floor building. The Board realized the ceiling would be a cathedral design. Mr. Ferguson stated he conducted a site visit and there are no objections from the neighbors. He added that there are quite a few taller dwellings in the neighborhood. Ms. Brusca read the legal ad into the record. She is not in favor of the height on the third floor. She believes it detracts from the neighborhood. Ms. Kelley stated the dwelling is a small older home and the owners are looking to improve it. She added there is not much space because there is no front yard, which limits the options. Ms. Kelley stated she was in favor of the proposal. Mr. Ferguson stated as a member of the Board he would not stand in the way of this petition but he would not make the motion. Ms. Kelley stated another option for Mr. Janvrin would be to scale back the plan without the 3 floor level and continue the case until next month. Ms. Brusca stated the plans submitted are difficult to read. She added the front and side elevations heights do not match. Chairperson Kelley asked how each Board member felt regarding this project. Ms Koen stated she was ok with the plan. Mr. Margolis stated he could approve the plan because it is better than the previous one. He would however, like there to be accurate plans for the Building Inspector. Ms. Kelley stated the front and side elevations don't match. She added the key here is the "height of the dwelling ". She stated she concurred with Mr. Margolis and added "the Board can not vote without accurate elevations ". Mr. Ferguson commented that one elevation indicates 31 -feet in height the other 27 -feet. A motion was made by Mr. Ferguson to continue the hearing to the September 22, 2009 scheduled meeting. A waiver of time to be signed. Seconded by Mr. Margolis. Motion carries unanimously. Conditions to be (1) have a specific clear set of plans and revised elevations. (2) Please submit these plans to the Building Department before the meeting. (Continued to Sept. 22, 2009) 5 16 Fern Street — R -15 — Zone — Brian and Toni Wolonsavich Mr. Michael Allen, Builder, of 5 Independence Circle, spoke on behalf of Mr. Wolonsavich. He is requesting to construct a proposed 10 -feet by 36 -feet new farmers porch which would encroach 6 -feet upon the front yard setback of 30 -feet. Ms. Kelley asked if the encroachment was 5 -feet plus or minus and Mr. Allen responded he would be encroaching approximately 6 -feet. Mr. Margolis stated a portion of the proposed farmers porch appeared to be a new addition. Ms. Kelley stated she feels that frontage impacts the street of the whole neighborhood. Mr. Ferguson stated he saw no hardship conditions on this property. Building Commissioner Steven Frederickson stated the shape of the lot would be considered a hardship. Chairperson Kelley asked members of the public for their questions and comments. Mrs. Wolonsavich spoke in favor of this petition. She addressed the Board and stated her front door has water rot and that the water also enters her dwelling and back yard. She added that they have to do something to correct this problem. Chairperson Kelley then asked the Board members for their questions and comments. Ms. O'Brien asked if the design could be minimized. She feels that 10 -feet could be reduced to 5 or 6 -feet wide. Ms. O'Brien stated the water problem could be fixed and the steps on the farmer's porch be reduced. She would like to see better plans. Ms. Brusca stated half of the farmer porch would be enclosed! Ms. Kelley stated that no hardship has been proven. All the Board members concurred. Mr. Ferguson stated the petitioner does have water problems that need to be addressed. However, he would prefer that the petitioner redesign the plans to contain only a farmer's porch. Ms. Kelley asked for revised plans to be submitted. Ms. Brusca suggested the size of the farmer's porch be 6 or 7 -feet by 36 -feet and not be enclosed. Ms. O'Brien asked Mr. Allen if he could revise the plans before the next meeting. He responded yes, he could have new plans drawn within that time period. A motion was made by Ms. O'Brien to continue this petition to the next scheduled meeting on September 22, 2009. Seconded by Ferguson. A waiver of time to be signed. Motion carries unanimously. (Kelley, Ferguson, O'Brien, Brusca, and Margolis in favor) Meeting adjourned 9:05 p.m. 31