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2008-04-22CITY 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: April 22, 2008 Place: Beverly Public Library, 32 Essex Street, 7:00 p.m. Board Members Present: Full Members: Scott Houseman, Chairman, Margaret O'Brien, and Scott Ferguson. Alternate Members: Joel Margolis, and Noelle Faris. Others Present: Building Commissioner /Zoning Officer- Steve Frederickson and Clerk of the Board — Diane Rogers Absent: Jane Brusca Chairman Scott D. Houseman opened the meeting to the public at 7:00 p.m. He stated that some administrative matters would have to be discussed before any public meeting could be heard. He added that the first case to be heard tonight would be Alana and David LeBlanc's petition that was carried over from the March 25, 2008 hearing. Houseman stated that the Board must also discuss 548 Cabot Street, LLC' S proposal. 548 Cabot Street — R -10 Zone — 548 Cabot Street, LLC Special Permit & Variance Request Thomas Alexander, Esq. brought this case before the Board at the February 26, 2007 hearing. This application was continued up to the present time. Mr. Alexander faxed a letter dated April 22, 2008 requesting to withdraw without prejudice the application. Page 2 A motion was made by O'Brien to withdraw without prejudice the special permit and variance proposal. Seconded by Ferguson. Motion carried unanimously. (Houseman, Ferguson, O'Brien, Margolis, and Faris in favor) 13 Carver Street — R -10 Zone — David and Alana LeBlanc Section Six Finding Request David LeBlanc spoke on his own behalf. He stated he was requesting to allow the construction of an open deck extending 20 -feet from the dwelling and to encroach 6 -feet upon the required 15 -feet side yard setback that will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Photographs of the property were presented to the Board to review. Mr. LeBlanc submitted a document of approval dated February 18, 2008 from Scott and Deborah Perkins of 27 Livingstone Avenue, a direct abutter. Mr. and Mrs. LeBlanc stated that they had sought other locations for the proposed deck but having two existing sliding glass doors made the plan impossible because of the access on to the deck. Ferguson colored in Lot 23 & 24 on an Assessor's Map for the Board to view. Houseman stated that in order to grant a finding, the structures altered by the proposed deck must not be more detrimental than the existing structure. He asked the petitioner what was in that location previously? Mr. LeBlanc responded that there was a wire fence in that location, which was removed. Chairman Houseman asked if there were any members of the public in favor or in opposition of this proposal. There being no one present, he asked the Board members for their comments and questions. O'Brien stated she made a site visit to the property. She added that the way the dwelling sits upon the lot makes the proposed open deck plan the only location. Ferguson asked if sona tubes, 4 -feet below frost would be used. Mr. LeBlanc responded that sona tubes, 4 -feet below frost would be used. Ferguson stated he would like a condition placed in the decision that the open deck would never have a roof. Commissioner Frederickson commented that a roof addition to this open deck would have to come back to the Board for review anyway. A motion was made by O'Brien for the Board to find that the alteration/reconstruct- Page 3 ion to this single - family residential structure at 13 Carver Street does not increase the nonconforming nature of said structure and that the proposed extension or alteration will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. Two neighbors signed a petition in favor of this proposal. In addition she moved that the Board grant the proposed application subject to the following conditions: (1) that the plans submitted with the application are strictly 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. Seconded by Margolis. Ferguson stated he would like the motion amended to read that the proposed deck will remain "open ". O'Brien motioned to amend the decision to state the deck would remain "open ". Seconded by Margolis. Both Motions carried unanimously. (Houseman, O'Brien, Ferguson, Margolis, and Feras in favor) 309 Cabot Street — CC Zone — Jaspal S. Gill, Trustee Modification of a Special Permit granted on November 27, 2007 Matthew J. Kavanagh, Esq. spoke on behalf of the petitioner. He is requesting to modify a special permit granted on November 27, 2007 in order to modify the Site Plan incorporated therein by eliminating two parking spaces and by adding a 5 -feet by 40 -feet planting strip. Mr. Kavanagh stated the property was acquired from Anthony V. Conte, Jr. and Susan S. Conte on March 31, 2006. He added that the petitioner requests that the Site Plan submitted by Griffin Engineering Group, LLC dated 11/21/07, Job 806, which was incorporated by reference in the decision, (copy provided) be modified by eliminating parking spaces 33 & 34 for the purposes of creating additional space on the site to accommodate emergency vehicles and to accommodate the addition of a 5 -foot planting strip, all as shown on the revised plan, submitted herewith. These modifications were proposed by the City of Beverly Planning Board, with input from the City of Beverly Parking & Traffic Commissions and the City of Beverly Design Review Board, in connection with the Petitioner's Application for Site Plan Review. Mr. Kavanagh submitted a letter dated February 27, 2008 from the City of Beverly Planning Board, which approved Site Plan Review #92 -07, One Stop Market. The site plan was approved subject to recommendations and 10 conditions. (copy provided for the Board to review) A letter dated January 8, 2008 was submitted from the Beverly Board of Health/William T. Burke, III RS, CHO/Director of Public Health regarding this proposal. A letter dated February 1, 2008 from the Design Review Board/Kate Newhall, Associate Planner, was also submitted for the Board to review. A letter dated January 11, 2008 from Tina Cassidy /Chairperson of the Parking and Traffic Commission was also submitted with (5) conditions requested. Page 4 Chairman Houseman asked if anyone from the public would like to comment on this petition. There being none, he asked the Board members for their comments and questions. The Board reviewed the revised plans with the changes submitted by Griffin Engineering. Houseman asked if any of the 1 -6 conditions have to be amended. Mr. Kavanagh responded, yes the proposed new sign location needs to be discussed. Houseman stated that procedurally there will be two votes because there are two separate projects, (1) regarding the sight plan eliminating two parking spaces and the new plans regarding landscaping changes (2) the second application for the proposed sign. 311 -317 Cabot Street — CC Zone — Jaspal S. Gill, Trustee Special Permit Request Matthew J. Kavanagh, Esq. spoke on behalf of the Petitioner. He is requesting to raze an existing freestanding nonconforming sign and to reconstruct same as shown on the plans submitted with the application. He added that the petitioner Jaspal S. Gill, as Trustee of God Bless Realty Trust, purchased the property on February 22, 2005, a copy of the deed is attached hereto and incorporated herein. Mr. Kavanagh stated the proposed sign would be less than 10% larger. Chairman Houseman asked if anyone from the public would like to comment on this petition. There being no one present he asked the Board members for their questions and comments. Houseman asked if the doubled face sign would be perpendicular to Cabot Street. Mr. Kavanagh responded that the proposed sign would be perpendicular to Cabot Street. Houseman asked if the sign went before the Design Review Board. Mr. Kavanagh responded that the Design Review has viewed the proposed sign. He added that if the Zoning Board approves this proposal, the petitioner would then go before the Design Review Board meeting. O'Brien stated that the proposed sign would be approximately 6 -feet tall. Houseman stated that Mr. Griffin's newest revised plan is dated March 5, 2008. He asked where the two trees were located on the plan. Houseman asked if the Planning Board reviewed the same drawings as this Board tonight. Mr. Kavanagh responded yes, the plan had the same content. He added that the colors (red and black) and the materials of the proposed sign have not been discussed because that subject will be reviewed at the Design Review Board meeting. Ferguson suggested the Board review and discuss C2 of Griffin's landscaping plan sheet. He added that the "Sign Legend" was also listed on the revised plan, which is dated 1/17/08. The Board also reviewed the Site Plan dated 4 -22 -08 copyright Griffin Engineering. O'Brien stated that 309 Cabot Street was the former Curtain Shop and 311 -317 Cabot Street was actually another lot. Mr. Kavanagh responded that some of the addresses will be changed or eliminated. Houseman stated to the Board he did not believe that two separate decisions were needed. Page 5 He added they could incorporate and ratify the decision. Houseman stated it is all covered under Section 29 -27 -C2 nonconforming uses. Houseman asked if the Board does not pass this proposed new sign, may the petitioner keep the original grandfathered sign. Mr. Kavanagh responded that the grandfathered status would remain. Ferguson made a motion that the Board allow the special permit that was granted on 11- 27-07 be modified and the new site plan be incorporated there in by eliminating two parking spaces, landscape changes proposed by the Planning and Design Review Boards, and by adding a 5 -feet by 40 -feet planting strip at the location 309 Cabot Street. The plans submitted be incorporated and dated 3 -5 -08 C1,2,3, & 4 to be accepted. Seconded by O'Brien. Houseman asked if on the second petition, relative to the sign, do I have a motion? Ferguson made a motion that the Board finds that the special permit be granted which will allow the applicant to ratify the design and to reconstruct same sign shown on the attached plan with strict dimensional compliance; (48 x 96 original dimensions) The property location is 311 -317 Cabot Street. Seconded by O'Brien. Motion carries unanimously. (Houseman, Ferguson, O'Brien, Margolis, and Faris in favor) 30 Folger Avenue — R -10 Zone — Scott Frost Section Six Finding Request Scott Frost spoke on his own behalf. He stated he was requesting a change to a nonconforming one - family structure; to erect a shed dormer on a single - family "cape style" home that does not meet the side yard setback requirements. Mr. Frost stated that when he purchased the dwelling the open deck was existing and encroached upon the neighbor's property. Houseman asked how the shed dormer would be connected and where. Houseman commented that the proposed dormers were not near the open deck. Mr. Frost responded that was correct. Houseman asked if Charles George was an abutter. Mr. Frost responded that Charles George owned the property on Bathing Beach Lane known as 10 -105A. Ferguson asked if this was an R -10 Zone and if the setback requirement was 15 -feet. Mr. Frost responded yes. Ferguson discussed how the dormers would appear. Commissioner Frederickson stated the dormers would be ok, it is the structure that is nonconforming. O'Brien stated she had no problem with this request. Photographs of the property were submitted for the Board to review. Chairman Houseman asked if anyone in the public would like to comment or ask questions regarding this proposal. There was no member of the public in favor or in opposition to this proposal. Page 6 A motion was made by O'Brien 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 extension or alteration will not be substantially more detrimental that the existing nonconforming structure to the neighborhood. In addition she moved that the Board grant the proposed application, subject to the following conditions: (1) that the plans submitted with the application are strictly complied with, are identified in, and incorporated into, the Board's decision, no neighbors in opposition, and the elevation drawings, to the extent feasible, are recorded with the decision. Seconded by Ferguson. Motion carries unanimously. (Houseman, O'Brien, Ferguson, Margolis, and Faris in favor) 70 Essex Street — R -10 Zone — Philip Rogers Section Six Finding Request Mr. Rogers spoke on his own behalf. He stated he was requesting that the Board allow for the demolition of a rear roofed porch and replacement with a proposed one -story three- season room addition; which is 6 -feet longer. The proposed addition will maintain the same 5 -feet encroachment upon the side yard setbacks the existing structure. Mr. Rogers stated that the existing back porch is in very bad repair and needs to be replaced. He added that the new structure will be an aesthetic improvement over the existing enclosed porch, while larger in size, it will not dramatically alter the existing landscape. Photographs of the property were submitted for the Board to review. An Assessor's map was also submitted indicating the abutter's lots surrounding the petitioner's. The following is a list of neighbors in favor of the proposal: Anthony Sydorko of 66 -68 Essex Street; Robert Stains of 72 -72 '/z Essex Street, #1; and Vernon Walsh of 72 -72 '/2 Essex Street, #2. Chairman Houseman asked if anyone from the public would like to comment on this petition. There being no one present he asked the Board members for their questions and comments. Houseman stated the petitioner has 3 signatures of abutters in favor of the proposal. Mr. Rogers stated there was a big drop off on his land. He added that one of his neighbor's lots was located higher above his. Ferguson stated he was in support of this proposal. A motion was made by Margolis that the Board grant the proposed reconstruction from a rear roofed porch to a one -story three- season room addition, which is 6 -feet longer and will not increase the nonconforming nature of said structure and that the proposed addition will not be substantially more detrimental than the existing nonconforming Page 7 structure to the neighborhood. In addition he moved that the Board grant the proposed application, subject to the following conditions (1) that the plans submitted with the application are strictly complied with, are identified in, and incorporated into the Board's decision and the elevation drawings, to the extent feasible, are complied with and recorded with the decision. Seconded by Ferguson. Motion carries unanimously. (Houseman, O'Brien, Ferguson, Margolis, and Faris in favor) 94 Preston Place — R -90 Zone — Michael Hardiman Section Six Finding Request Mr. Hardiman spoke on his own behalf. He stated he was requesting to change to a conforming one - family structure on a nonconforming lot. To allow demolition of 2 /one- story additions to an existing single - family dwelling and the construction of a three -story addition to same (containing 3- bedrooms, 2 baths, & dining room) whereby the front part would be 6 -feet by 21 -feet and the rear part 9 -feet by 21 -feet, plus the construction of a one -story addition to right side of same structure, extending from the existing structure 3- feet by 28 -feet. None of the proposed would encroach upon the front or rear side yard setbacks. Mr. Hardiman stated he presently resides in Boston, MA and is currently renting the property at 94 Preston Place. He added that he plans to move his family to Beverly. He stated the dwelling was built in 1962 as a single story ranch structure. He added that the basement is fully exposed in the rear. He commented that a small shed, located in the rear yard will be removed because of the closeness to the wetlands. Mr. Hardiman stated the sunroom addition and the deck that was added to the dwelling before he purchased the property will be removed to initiate his new design plans. An existing Site Plan Scale: 1/8 " =1'- 0" drawn on March 14, 2008, by the petitioner and the proposed Site Plan was submitted to the Board to review. The Basement Floor Plan, First Floor Plan, Existing Roof and Attic Second Floor Plan, and the proposed Cupola Floor Plan was submitted and dated March 14, 2008; Scale: 1 /4 " - 1'- 0 ". The proposed elevations Phase 1 & 2 drawings were also submitted and dated March 14, 2008. Photographs of the property and neighborhood abutting properties were submitted for the Board to review. Chairman Houseman asked if anyone from the public would like to comment on this petition. Mr. Douglas Tersolo of 96 Preston Place stated he was present tonight to view the plans and comprehend the petitioner's entire proposal. Mr. Hardiman discussed the entire project and illustrated the different drawings per his requests for additions. Chairman Houseman asked the Board members for their questions and comments. Page 8 Ferguson asked if clapboards would be the material used. Mr. Hardiman responded yes. Faris asked if the proposed photography studio would be located above the two -car garage. She asked about the future clients visiting the property and where they would park. Mr. Hardiman responded that the proposed studio would be located on the third level over the garage. He added that two vehicles park inside the garage and there would be three more spaces available in the yard. Mr. Hardiman displayed a model of the proposed dwelling. O'Brien stated it was hard to picture the design of the dwelling without windows. Mr. Hardiman then exhibited a photograph of the dwelling with potential windows. Ferguson stated he was requesting the petitioner secure, in writing, within 30 days, a letter from his abutters in favor of his design plans. O'Brien requested the plans be more detailed and show with windows and exactly how the dwelling would appear. The Board felt due to the unconventional design of the proposal, Mr. Hardiman should continue his case. Ferguson made a motion that the Section Six Finding be continued until the next scheduled meeting May 27, 2008. He suggested Mr. Hardiman keep a log of people impacted by this proposal. He added that in a good faith effort he would like the abutter's to sign off on the design plans, in writing. A waiver of time was signed. Seconded by O'Brien. Motion carried unanimously. (Houseman, O'Brien, Ferguson, Margolis, and Faris in favor) 19 Beacon Street — R -10 Zone — Penny Frangos Section Six Finding Request Mr. Frangos spoke on his wife's behalf. He stated he was requesting to construct two proposed one -story additions, (1) 18 -feet by 12 -feet, family room and the other a 10 -feet by 10 -feet extension to the current bedroom to square it off The side yard setback encroaches 2.60 -feet upon the required 15 -feet. He added he had spoken to his neighbors but did not have anything in writing relative to this proposal. Mr. Frangos stated there would not be a second floor. Chairman Houseman asked if anyone in the public had comments or questions regarding this proposal. There being no one present, he asked the Board members for their questions and comments. O'Brien stated she made a site visit and found the property to be a cute little place. Mr. Frangos discussed the elevations and plans with the Board. Faris stated she made a site visit and found that several properties in the neighborhood had been altered and contained additions. Faris made a motion that the Board find that the proposed alteration/reconstruction to this single - family residential structure does not increase the nonconforming nature of said structure and that the proposed extension or alteration will not be substantially more Page 9 detrimental than the existing nonconforming structure to the neighborhood. In addition I move that the Board grant the proposed application subject to the following conditions: (1) that the plans submitted with the application are strictly 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. Seconded by O'Brien. Motion carries unanimously. (Houseman, O'Brien, Ferguson, Margolis and Faris in favor) Meeting Adjourned 9:20 p.m.