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2009-06-23CITY 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: June 23, 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, Joel Margolis, Scott Ferguson, and Jane Brusca. Alternate Members: Pamela Gougian and Sally Koen. Others Present: Director of Municipal Inspections — Zoning Officer Steven Frederickson and Clerk of the Board — Diane Rogers. Absent: Full Member: Margaret O'Brien Chairperson Day Ann Kelley opened the meeting to the public at 7:00 p.m. She stated she would begin the evening discussing administrative business. Attorney Marshall Handly spoke on behalf of Hansbury Court, LLC, located at Lot 3, Congress Street at Wellman Street. He stated this petition was carried over from the May 26, 2009 hearing to allow the neighbors input to the petition. Att. Handly commented that one of the neighbors attained an attorney who requested another postponement to familiarize the case. Mr. Ferguson asked if parking was an issue with the proposal. Attorney Handly responded parking was an issue. He added that if the project went forward, all plans and information would be sent to the Board members before the July 28, 2009 hearing. Mr. Ferguson made a motion to allow the variance at Lot 3, Congress Street at Wellman Street to be continued to the scheduled meeting on August 24, 2009. Subject to signing a waiver of time. Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Gougian, and Koen in favor) A letter dated June 23, 2009 was submitted to the Board from Jason Jimenez with a request to withdraw without prejudice his application for a variance and special permit at 377 Cabot Street, Beverly, MA. Mr. Ferguson made a motion to allow Mr. Jimenez to withdraw without prejudice his application for a Variance and Special Permit at 377 Cabot Street. Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Gougian, and Koen in favor) A letter dated June 9, 2009 was submitted to the Board from Miyares and Harrington, LLP, requesting the Administrative Appeal regarding 16 Bay View Avenue be continued to the July 28, 2009 meeting. A waiver of time was signed by Brian Falk, Attorney for Michael Harrington. Attorney Marshall Handly represented owners of 16 Bay View Avenue. He stated the owners Robert and Michael Hubbard oppose this request because it causes a delay, which clouds their closing schedule. A motion was made by Mr. Ferguson to continue this Administrative Appeal to the next scheduled meeting July 28, 2009. Seconded by Mr. Margolis. Motion carries 4 — 1. (Ferguson, Margolis, Kelley and Koen in favor) (Ms. Gougian, voted in the negative) 6 Scenna Road — R -15 Zone — Diane Rennie and John I Gavin Section 6 Finding Request Mr. Thomas J. Cassidy spoke on behalf of Ms. Rennie. He stated the request was to remove existing 10 -feet by 12 -feet Three Season porch and replace with a 16 -feet by 21- feet kitchen addition on the left side of the dwelling. The nonconforming dwelling has a front yard setback of 25.2 -feet instead of the required 30 -feet. The proposed addition will meet all required setbacks. First Floor plan, second floor plan, and elevations drawn by TNT Building Consultant/Designer were provided to the Board for review. Two letters in support of the proposal, dated June, 2009 from Sean and Kelly Murphy of 4 Scenna Road (next door right) and Annette Cooper of 3 Scenna Road (across the street) were submitted for the Board to review. Chairperson Kelley asked if anyone from the public had questions or comments. There being no one present, she asked the Board for their input. Mr. Ferguson stated he made a site visit. Mr. Ferguson commented that he was in favor of this project. Ms. Gougian stated she concurred with Mr. Ferguson. Mr. Margolis made a motion to grant the Section Six Finding to the single - family residential structure where the alteration - reconstruction will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The Board finds there are (2) letters in support of this proposal. The Board grants the application subject to the plans submitted with the application are complied with, referred to, and 2 incorporated into the Board's decision. Seconded by Ms. Koen. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Gougian, and Koen in favor) 14 Exeter Road — R -10 Zone — George and Lucille Annis Variance Request Ms. Lucille Annis spoke on her own behalf. She stated she was requesting to construct a sunroom addition on the left side of the dwelling. The sunroom to have a side yard setback of 11.1 -feet rather than the 15 -feet required. Ms. Annis stated the proposed addition would be only a 4 -feet extension added to the dwelling. Ms. Kelley asked what the hardship criteria was. Ms. Annis responded that there was a structural beam going across the ridgeline. Photographs of the property were submitted to the Board for review. Robin Johnson of 16 Exeter Road and George Toomey of 12 Exeter Road wrote letters in support of the project. Remodeling Services provided elevations and drawings of the proposed new sunroom. Chairperson Kelley asked if anyone from the public had questions or comments regarding this proposal. There being no one present she then asked the Board members for their comments. Mr. Ferguson stated he made a site visit. He questioned the need to extend the structure out an additional 4 -feet. Mrs. Annis stated that the current structure was poorly constructed and would have to be torn down. The roof would be improved upon by extending out from the roofline of the dwelling. The ceilings would be higher in the proposed sunroom. Mrs. Annis stated she believed this was a reasonable request. Ms. Kelley stated that the inability to use the existing structure due to poor construction could be a hardship as it prevented reasonable us of the property. Mr. Margolis asked if the proposed addition would be built on a slab. Mr. Annis responded yes, the entire dwelling was built on a slab. Mr. Margolis and Ms. Koen concurred with Ms. Kelley and Mr. Ferguson. A motion was made by Ms. Koen to grant the variance at 14 Exeter Road to allow the sunroom addition. The hardship is the minimum variance that will grant reasonable relief to the owner and is necessary for a reasonable use of the land or building. There is support from (2) neighbors based on letters provided. The plans submitted with the application are complied with, referred to, and incorporated the Board's Decision. Seconded by Mr. Margolis. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Koen, and Gougian in favor) 249 E. Lothrop Street — R -10 Zone — David Singer Section 6 Finding Request Mr. Singer spoke on his own behalf. He stated he was requesting to expand a nonconforming single - family dwelling structure with a 12 -feet by 26 -feet one -story rear addition that will expand kitchen, create a bedroom and full bath and office. This structure has a left setback of 13.3 -feet where 15 -feet is required. Photographs of the dwelling were submitted for the Board to review. The following neighbors are in support 3 of the proposal: Eric & Sara Kate Weiss of 247 Lothrop Street, Thora Press of 44 Cross Street, and Peggy Sue Allinder of 251 Lothrop Street. First floor plan, side elevations, front elevations, rear elevations, foundation plan 1 st deck frame provided to the Board members to review. Chairperson Kelley asked if any other member of the public had questions or comments. There being no one present she then asked the Board members for their comments. Mr. Ferguson stated he conducted a site visit and spoke to a neighbor, Mr. Weiss who stated he was in favor of the proposal. He added he believed this proposal would not be more detrimental than the existing nonconforming structure to the neighborhood. Ms. Gougian made a motion to grant this Section 6 Finding to Mr. Singer of 249 E. Lothrop Street, which meets the Section 29 -28 -2 A -F criteria. The alteration - extension will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The Boards finds there is support from (3) neighbors based on petition submitted. The plans submitted with the application are to be complied with, referred to, and incorporated into, the Board's decision. Seconded by Ferguson. Motion carries 5 — 0. (Kelley, Gougian, Ferguson, Koen, and Margolis in favor) 16 Smithson Drive — R -10 Zone — Gary L. Smith Section 6 Finding Request Mr. Smith spoke on his own behalf. He stated he was requesting to construct an 18 -feet by 20 -feet family room addition on the right side of the dwelling. He added the dwelling had a front setback of 14.6 -feet instead of the required 20 -feet. The proposed addition will meet all required setbacks. Mr. Smith stated his father built all the surrounding dwellings years ago. His daughter resides in this dwelling and is having another child and will require more living space. Photographs of the dwelling were submitted for the Board review. The follow is a list of neighbors that signed in favor of the request: Mary Rhoades of 14 Smithson Drive, Alice Dailey of 18 Smithson Drive, Edward Garvey of 115 Corning Street, the Mackinnon's of 113 Corning Street, Lawrence Rice of 152 Hale Street, and Evan Rosenblatt of 154 Hale Street. Elevation drawings were provided in the packet sent to the Board. Ms. Kelley asked if anyone from the public had questions or comments regarding this proposal. There being no one present she then asked the Board for their questions. Mr. Ferguson stated he had conducted a site visit. He added the land was flat and contained no ledge. He commented that this dwelling was similar to all the other dwellings in the neighborhood. He believes this proposal is a reasonable request. Board members concurred. Ms. Gougian made a motion to grant the Section 6 Finding to Mr. Smith at 16 Smithson Drive being that (1) the proposed alteration - reconstruction will not be substantially more detrimental than the existing nonconforming structure to the neighborhood (2) that the Board finds there is support from (6) neighbors based on petition submitted (3) the plans submitted with the application be complied with, referred to, and incorporated into, the 0 Board's decision. Seconded by Ms. Koen. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Koen, and Gougian in favor) 12 Dearborn Avenue — RMD Zoning — Edward Doherty Section 6 Finding Request Edward Doherty spoke on his own behalf. He stated he was requesting to construct dormers on sides of the nonconforming dwelling. The dormers to have a front setback of 22 -feet. The dwelling has a front setback of 8.7 -feet instead of the required 20 -feet. Photographs of the property were submitted for the Board to review. Exiting 1 st and 2nd floor plans, proposed 1 & 2nd floor plans, elevation drawings, roof framing plans were also submitted. Mr. Doherty stated he spoke to several neighbors who said they were in favor of the proposal but did not want to sign a petition. Elinor Tardiff of 13 Dearborn Avenue was present and expressed her opinion to the Board. She stated this property had been let go for a long time. She questioned about varmints that might be found. She stated she was in favor of this proposal. Chairperson Kelley asked if anyone from the public had questions or comments regarding this proposal. There being no one else present she asked the Board for their questions and comments. Mr. Ferguson stated he conducted a site visit and found maple trees growing out of the foundation. Mr. Doherty responded that he had taken them all out. He added he cut several trees down from the property. Ferguson asked if the main carrying timber was cracked. Mr. Doherty responded yes, that he was bringing in the steel beam from the second floor. Ms. Gougian questioned the shed dormers. Mr. Doherty responded he was replacing what is there now. He added several dwellings in the neighborhood had them. Mr. Doherty stated he has been refurbishing dwellings and reselling them for 20 years. He commented that this run down dwelling would become improved and be an asset to the neighborhood. Ms. Koen stated the present dwelling was stucco and asked what materials would be used for the upgrade. Mr. Doherty responded top of the line materials such as clapboard siding would be installed upon the dwelling. Ms. Brusca asked about the detached garage. Mr. Doherty responded he decided to jack up the existing garage, pour a new slab and redo the siding. Mr. Margolis made a motion to grant the Special Permit to Mr. Edward Doherty at 12 Dearborn Avenue (1) that the proposed alteration - reconstruction will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. (2) there is no objection from neighbors actually one neighbor present in favor (3) subject to the plans submitted with the application are complied with, referred to, and incorporated into, the Board's decision. Seconded by Ferguson. Motion carries 5 — 0. (Kelley, Ferguson, Margolis, Brusca, and Gougian in favor) 129 Brimbal Avenue — IR Zone — Brimbal Avenue Realty Trust Special Permit/Finding Request Attorney Thomas Alexander spoke on behalf of his client Mr. Alakfdz, owner of Brimbal Avenue Realty Trust. He stated last month the Board requested he submit a landscaping 5 plan for the property at this months hearing. Mr. Alexander stated they were proposing (2) 2 -feet by 6 -feet planters with selection of annuals that would be placed on the other side of the gasoline pumps. These planters would appear as the ones in front of City Hall. He submitted a landscaping plan similar to the "One Stop Shopping" on Cabot Street. He stated (3) Arborvitae, (6) Azalea, (5) Lilyturf, (4) Maiden Grass, (3) Boxwood, (8) Compact Inkberry, (1) Japanese Lilac Tree, and (3) Gold Flame Spirea would be planted. A 6 -foot fenced would be placed behind the used vehicles for sale and parking spaces. Attorney Alexander stated this request meets all criteria for a Finding as it would not be substantially more detrimental than the existing nonconforming structure to the neighborhood. He added that automotive use is not prohibited in this district. The U- Haul rental space on site would be discontinued. Steven Frederickson asked how one can give a finding on City Property. Mr. Margolis concurs. He questioned if there would be any banners on the property. The owner responded only a small tag with the year of the vehicle would be allowed on the windshield. Whether the lighting would change was a question. Attorney Alexander responded that the lighting would not change. He added that the asphalt you see is City property. Ms. Kelley stated there was a 5 — vehicle maximum that could be sold. Ms. Brusca commented that with a 6 -foot fence installed part way around the building, the plants would be lost. She added that the vehicles for sale should be parked in the side yard so people could see them. Chairperson Kelley asked if anyone from the public had any comments regarding this proposal. Joan Murphy of 36 Longmeadow road spoke in opposition to this proposal. Ms. Brusca made a motion to grant the Special Permit Finding at 129 Brimbal Avenue Trust (1) that the proposed alteration will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. (2) That this meets the criteria of Section 29 -27 -C2 A -F is satisfied, subject to the following conditions: There be a minimum of 5 vehicles on lot to be sold at one time, The U -Haul business will be eliminated, There will be (2) planters placed in front of the Pump Island and canopy with a selection of annuals; approval of Mike Collins Director of Engineering required. Seconded by Mr. Margolis. Motion carries 5 — 0. ( Kelley, Koen, Brusca, Margolis, and Gougian) 321 -325 Cabot Street — CC Zone — Variance Request ,Time Extended Thomas Alexander, Esq. Represented the Petitioners. He stated the Board could extend the variance six months without advertising. He added that the Beverly Housing Coalition and the YMCA' S budget has gone down but expect their funding to go higher this fall. Demolition is scheduled to take place in November. Ms. Kelley asked how much the project is worth. Mr. Alexander responded the project is 6- million dollars and that there would be 48 apartments. 31 There were no objections to this proposal. Mr. Margolis made a motion to grant this 6 months extension of time to 321 -325 Cabot Street. Seconded by Brusca. Motion carried 5 -0. (Kelley, Brusca, Margolis, Koen, and Gougian in favor) (Mr. Ferguson left the meeting) 7