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.
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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-
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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.
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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.
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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
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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.
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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
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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.