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2008-08-26CITY 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: August 26, 2008 Place: Beverly City Hall, Councilor's Chamber, 191 Cabot Street, Y Floor, 7:00 p.m. Board Members Present: Full Members: Scott D. Houseman, Acting Chairman, Margaret O'Brien and Scott Ferguson Alternate Member: Day Ann Kelley Others Present: Building Commissioner /Zoning Officer — Steven Frederickson and Clerk of the Board — Diane Rogers. Absent: Jane Brusca, Joel Margolis, and Noelle Faris Scott Houseman opened the meeting to the public at 7:00 p.m. He stated he would serve as the Chairperson for tonight's meeting. Houseman stated that the Curry Architecture Project was continued to this evening, however, he contacted their representative Melissa Leclerc to inform her the Board did not have a quorum of members present, therefore the Board could not convene the meeting. A waiver of time was faxed to the Clerk of the Board requesting the hearing be continued until the next scheduled meeting on September 23, 2008. A motion was made by O'Brien and seconded by Kelley to allow the continuance. Motion carries unanimously. (Houseman, Ferguson, O'Brien, and Kelley in favor) Page 2 Scott Houseman stated that The City of Beverly was on this evening's agenda with an application for a Section 6 Finding or Variance located at 1 Water Street, in the WD Zoning District. A letter dated August 25, 2008 submitted from Mayor William F. Scanlon, formally requested that the Zoning Board of Appeals give permission to withdraw without prejudice their application. It appears at this point that there may (or may not) be more than one zoning - related issue that needs to be addressed. A motion was made by O'Brien and seconded by Kelley to allow the petition to be withdrawn without prejudice. Motion carried unanimously. (Houseman, O'Brien, Ferguson, and Kelley in favor) Scott Houseman stated that the petition of Todd F. and Deborah Michaud to modify and expand a variance, located at 29 Rear West Street, could not be heard this evening. The Zoning Board of Appeals did not have a quorum of members present. Therefore, the Board did not convene this petition. Thomas Alexander, Esq. representative for the petitioners, requested that the proposal be continued until the next scheduled meeting on September 23, 2008. Subject to a waiver of time being signed. A motion was made by O'Brien and seconded by Kelley to continue the proposal to the next scheduled meeting on September 23, 2008. Motion carried unanimously. (Houseman, O'Brien, Ferguson, and Kelley in favor) 40 Friend Street — R -10 Zone — William Curtin & Becky Young Section 6 Finding Request Mr. Curtin spoke on his own behalf. He stated he was requesting to allow the proposed construction of a 20 -feet by 18 -feet addition w /covered porch 8 -feet by 18 -feet to 4 -feet by 14 -feet and an open deck, 18- feet -3- inches by 13 -feet —3 inches be added to a non- conforming dwelling. The addition will not be more substantially detrimental than the existing structure to the neighborhood. He stated the first floor would contain the proposed covered porch and family room and the second level would contain the proposed master bedroom, master bath, and closet. Elevation drawings and photographs of the dwelling were provided for the Board to review. Mr. Curtin submitted the following abutters that were in favor of the plans: Emily Brown of 39 Friend Street, Catherine Roy of 46 Friend Street, Frederick L. Hopps and Pedersen Jette, of 15 Walcott Road, Shane D. Fatello of 27 Guild Road, and Cheryl Lecomte of 43 Friend Street. He colored in the lots of the owners that were in favor on an Assessor's map for the Board to review. Chairman Houseman asked if anyone from the public would like to comment on this petition. There being no one present he then asked the Board Members for their questions and comments. Kelley stated she had made a site visit. She is of the opinion that this proposed addition is reasonable. O'Brien asked if the lot to the left was buildable. Ms. Young responded that the lot in question was not buildable, however, the Page 3 owner of that land did sign in favor of their petition. Ferguson stated he had no questions or comments at this time. Kelley: Motion: I move that the Board finds: that the proposed alteration/reconstruction to this single - family residential structure does not increase the non - conforming nature of said structure. That the proposed extension or alteration will not be substantially more detrimental than the existing non - conforming structure to the neighborhood. She added signatures are on file of abutters in favor of the project. Plans submitted with the application are to be complied with, are identified in, and incorporated into the Board's decision with the elevation drawings, to the extent feasible, are recorded with the decision. Seconded by O'Brien. Motion carried unanimously. (Houseman, Ferguson, O'Brien, and Kelley in favor) 32 Lothrop Street — R -10 Zone — Elizabeth Bommer Section 6 Finding Request Elizabeth Boomer spoke on her own behalf. She stated she was requesting to allow the construction of a 13 -feet — 9 -inch by 15 -feet sunroom at the rear of the existing non- conforming dwelling. The existing dwelling has a front yard setback of 6 -feet — 5- inches instead of the required 20 -feet. The sunroom will meet all required setbacks and be located on the site of the existing backyard deck. Ms. Bommer stated she had submitted plans of the proposed sunroom and photographs of her property to the Board for their review. O'Brien asked if the neighbors were in favor of this proposal. Ms. Bommer responded that she showed the neighbors her plans but did not ask for a letter stating that they were in favor because it was such a small project. Chairman Houseman asked if anyone from the public had any questions or comments. There being no one present he asked the Board for their questions and comments. Houseman stated he was familiar with the dwelling having known the former owners. He reviewed the plans submitted. He commented that this seems to be an entirely appropriate proposal for a Section 6 Finding. O'Brien stated the property was non- conforming having only 6.5 -feet of a front yard setback instead of the required 20 -feet. She stated the design of the sunroom was nice. Ferguson had no questions at this time. O'Brien made a motion that the Board find that the proposed alteration/reconstruction to this single - family residential structure does not increase the non - conforming nature of said structure and that the proposed alteration/reconstruction will not be substantially more detrimental than the existing non - conforming structure to the neighborhood and does not create any new non - conformities. Ferguson seconded the motion and it carried unanimously. (Houseman, O'Brien, Ferguson, and Kelley in favor). That the plans submitted with the application are complied with, are identified in, and incorporated into, the Board's decision, and the elevation drawings, to the extent feasible, are recorded with the decision. Page 4 181 Elliott Street — Bldg. 950, Suite 96 -X, IR Zone Beverly Commerce Park,LLP Special Permit Request Stephen J. Drohosky, General Manager of Cummings Properties spoke in their behalf. He stated he was requesting a Special Permit to allow a proposed restaurant, with seating and take -out services, on the first level and within the existing footprint of the west garage building, with an immediately adjacent, small outside seating area, totaling approximately 261 square feet. Mr. Drohosky stated he had provided photographs of the property and Architectural plans for the Great American Barbecue project drawn by David G. Garriss for the Board to review. This proposed special permit goes with the previous special permit granted for a hotel, restaurant, and function hall. This proposed special permit will identify where the restaurant will be located. Mr. Drohosky introduced the restaurant owner Mr. Steven Pierra. Mr. Drohosky stated there had been a Site Plan Review for this application, and that a meeting before the Design Review Board was scheduled. He added that he had received letters from the Parking and Traffic Commission, Conservation Commission, Board of Health, Engineering Department and received approval, with minor conditions, from the Planning Board, which he already addressed. Mr. Drohosky commented that this was a minor project. Chairman Houseman asked if anyone from the public would like to comment on this petition. Mr. George Whitney of 5 Cogswell Avenue asked to review the exact location of the restaurant on the plans. He stated this restaurant is on filled tidelands and requires a Chpt 91 license. Ms. Joan Murphy of 36 Longmeadow Road was unclear where the restaurant would be located. She added that she had attended the Planning Board meeting where concerns were discussed regarding parking and the walkway. She also asked where the outside seating would be located. Mr. Drohosky responded that the space is already enclosed. He added that there will be no parking in that area. The (2) outdoor tables are immediately outside the front door of the restaurant by the main entrance. Ms. Murphy stated the area pathway was not very wide and had concerns for pedestrians walking. Houseman reviewed the plans and stated in his opinion, this would not be a pedestrian walkway. He added that the customers would be coming out of the restaurant and on to the elevator. Houseman stated that Mr. Whitney's comment regarding Chap. 91 applies to the lower Shoe Pond to the Bass River. He is not sure if the current Chpt. 91 is sufficient or if another license is required. Mr. Drohosky responded that DEP is aware of the proposed restaurant. Houseman asked Building Commissioner, Steven Frederickson, if the Board votes in favor of this proposal, are the plans presented sufficient for the Building Department. Mr. Frederickson stated he believed the special permit did not cover the hotel or restaurant. He added that the plans did not show any part of the finished restaurant. Mr. Frederickson stated that the plans were modified by the Planning Board. Ferguson asked Mr. Drohosky for a copy of the Page 5 information from the Planning Board that was submitted to Mr. Houseman for the files. Mr. Drohosky stated he would send a copy of the information to the Clerk of the Board. O'Brien stated she had an office at the Cummings Center in another building. She added that in no way would that influence her vote on this proposal. Kelley asked where the ventilation would be placed. Mr. Drohosky stated the ventilation would be located on the top of the building. Kelley asked if there would be a drive -thru? Mr. Drohosky responded there would be no drive -thru. Houseman stated that this Board does not have any jurisdiction on Chpt. 91 licenses. He added this is a standard special permit request. The Board granted a special permit for use in this area for a hotel and is consistent with a restaurant. He then asked what the status of the hotel was. Mr. Drohosky responded that he had discussions with several visitors to get involved with the hotel to manage. He commented that the Chpt. 91 license remains "still pending ". He added it has been three years since they filed. Kelley: Motion to grant the special permit and that the specific site is an appropriate location for the proposed use and the surrounding areas are retail use. That no factual evidence is found that the property values in the district will be adversely affected by such use. That there are no valid objections from abutting property owners except the walkway and Chpt. 91 issue that was answered. That there will be no undue traffic due to the fact that the businesses are closed at night. Seconded by O'Brien. Houseman stated he would like to make an amendment. That this special permit use be subject to substantial compliance with the plans submitted with the application. Seconded by O'Brien. Motion carries unanimously 4 — 0. (Houseman, Ferguson, O'Brien, and Kelley in favor) 21 Lexington Drive —R -10 Zone - Thomas A. Frangos /Agent Section 6 Finding Request Acting Chairman Scott Houseman informed Mr. Frangos that the Zoning Board of Appeals does not have a quorum of 5 members presently. He asked if Mr. Frangoes if that was an issue. Mr. Frangos responded that he would go forward with his request this evening. Mr. Thomas Frangos of Build America Construction spoke on behalf of Mr. & Mrs. Ralph S. Chainey. He stated he was requesting to allow the proposed construction of a 2nd story addition, 24 -feet by 32 -feet over the existing 1 st floor; a 16 -feet by 20 -feet family -room addition to the rear yard; an addition 4 -feet by 4 -feet for a covered entry to front door steps at exterior; and an 8 -feet by 12 -feet open side deck. He stated a plot plan drawn by John J. Decoulas, land surveyor, was submitted to the Board for review. He added he also submitted plans of the project and photographs. The second level will contain the master bedroom, full bathroom, and two smaller bedrooms. Acting Chairman Scott Houseman asked if anyone from the public had any questions or comments. There being no one present he asked the Board members for their questions Page 6 and comments. Kelley stated she had visited the property. She added that there were 3 or 4 dwellings down the street that have done something similar to their property. She added that she did not realize the proposed addition was being located in the rear of the property. She was concerned that the addition might appear awkward. She questioned why the family room could not be placed on the side yard. Mr. Frangos responded that the garage was located in the side yard. Kelley asked if the owner had notified the rear abutters to the property. Mrs. Chainey responded that she did show the plans to her neighbors and that no one was opposed of the project. Mr. Frangos stated he believed it was not necessary for his client to obtain letters in favor of their project. He commented that the City sends out letters to the abutters. Ferguson stated he was of the opinion that the proposed family room addition was too large. He added that he did not make a site visit but did calculate the figures. He feels the proposed family room is 2/3 larger than allowed. He commented that there were only four members voting tonight. O'Brien stated she did visit the site and the proposed addition would not really be too near any of the neighbor's dwellings. Houseman stated he did not visit the site but that on paper it appeared fine. He added that he did have concern for the abutter's, where no letters were on file. He stated to Mr. Frangos that that letters from abutter's were important to the Board Members. Motion: O'Brian moved that the Board finds: that the proposed alteration/reconstruction to this single - family residential structure does not increase the non - conforming nature of said structure. That the proposed extension or alteration will not be substantially more detrimental than the existing non - conforming structure to the neighborhood. That the plans submitted with the application are complied with as identified and be incorporated into, the Board's decision with the elevation drawings, to the extent feasible and recorded with the decision. Seconded by Kelley. Motion carries unanimously 4 — 0. (Houseman, Ferguson, O'Brien, and Kelley in favor) Other Business: The pending minutes of 2008 were discussed. January 22, 2008, February 26, 2008, March 6, 2008 (special meeting) and April 7, 2008 (special meeting) minutes were distributed to Margaret O'Brien and Scott Ferguson for review and approval. Next month Mrs. Rogers, Clerk for the Board, will distribute the April 22, 2008, May 27, 2008, June 9, 2008 (special meeting) and June 24, 2008 minutes for review and approval. The Board Members reviewing the minutes will be selected at this meeting. Meeting adjourned 8:25 p.m. 29 -R. West Street — CN Zone — Todd F. & Deborah Michaud Pate 7 Modify and Expand a Variance CONTINUED TILL SEPTEMBER 2008