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2008-114 Foster's Point — R -10 Zone — Andrew St. Pierre Special Permit or Variance Request At the October 28, 2008 Board of Appeal meeting, Attorney Mark Glovsky spoke on behalf of the petitioner. He stated that last month he requested a continuance of the Public Hearing to attempt to address concerns of neighborhood abutters. Mr. Glovsky stated the request was for a special permit or variance to allow the voluntary demolition of a single - family dwelling having a height of 20- feet -10 inches and the construction of a new dwelling having a height of 34 -feet 10 -iches on a non - conforming lot. All in accordance with Plans dated August 8, 2008 and prepared by H.N.D. Architects, dated August 6, 2008, prepared by Mill River Consulting, filed with the application. Mr. Glovsky stated that in January 2006 a special permit was granted to John F.C. Waitt, Jr. and Toby M. Waitt to replace an existing non - conforming one - family dwelling on a non- conforming lot on the same footprint. The new owner, Andrew St Pierre, disliked the former design of the dwelling and designed a new plan. The minimum lot area contains 5,000 square feet of land rather than the 10,000 square feet that is required. The side yard setbacks are 11 -feet rather than the required 15 -feet. The frontage is 50 -feet rather than the 100 -feet required. Mr. St Pierre canvassed the neighborhood and spoke to his neighbors and exhibited his new plans. The proposed basement, first floor, second floor, third floor, roof plan, entry elevation (left side) water and street, elevations and side elevation (right side) drawings were submitted by H.N.D. Architects of 1 Southern Heights, Essex Ma, dated August 8, 2008. Also submitted for the Board's review were the square foot calculations of the dwelling and deck footprints. Chairperson Kelley asked if anyone in the public would like to comment on this petition. Mr. Robert Gallagher of 6 Foster's Point stated the proposed design was too large. He added that the height of the proposed dwelling would be much higher than his dwelling. David and Eileen Lang of 2 Fosters Point wrote a letter dated October 25, 2008 stating most of the dwellings that have undergone significant renovations use dormers to gain square footage on the upper levels, but clearly the upper floors of these dwellings are significantly smaller than the lower levels. Chairperson Kelley asked the Board members for their questions and comments. Brusca stated she liked the design of the proposed new dwelling, but that the volume has increased, especially on the third floor. She commented that in the Waitt decision in 2006, the Board recommended that the dormers on the dwelling be taken out. Brusca stated she would like to hear comments from other Board members. Ferguson stated he remembered that the Board requested Mr. Waitt take out the dormers on his plans. He added that it was not the square footage of the new plans that bothered him, it was the volume. Kelley asked what the height of #6 Fosters Point was. Mr. Gallagher responded his dwelling was 32 -feet high. He added that the new proposed plan at #4 towered over his. Kelley asked Mr. Lang what the height of his dwelling was. Mr. Lang stated he was not sure. Kelley stated Mr. St. Pierre's design was nice but that the side elevations appear to be too much house. She commented that this would affect other neighborhood dwellings. She is of the opinion that if the plans were dropped down it would appear much better. Kelley asked if this petition met the criteria of a variance or a special permit. Attorney Glovsky responded that he read the Waitt decision of 2006 and he determined a special permit is adequate. The Building Commissioner, Steve Frederickson, believes a variance is necessary. Mr. Glovsky then announced that his client and his architect would like to meet once again with the neighbors to see what could be done with the third floor that would satisfy everyone. He asked the Board to allow the case to be continued to the November 25, 2008 meeting. Motion: Ferguson requested the Board allow this petition to be continued until the November 25, 2008 hearing. A waiver of time to be signed. Seconded by O'Brien. Motion carries 5 — 0. (Kelley, O'Brien, Ferguson, Margolis, and Brusca in favor) 181 Elliott Street — 500 Cummings Center- Suite 1100 — IG Zone Beverly Commerce Park, Inc. Mr. Ed Juralewicz, President of United Sign Company spoke on behalf of the petitioner. He stated he was requesting to allow a sign 2 -feet 6- inches by 28 -feet for New England Academy, to be placed above the second floor window. He added that New England Academy has been a tenant in the 500 Cummings Center since ? ? ? ? ?? He stated the overall size of the sign is 30- inches high by 336- inches Wide. The letters are to be white faces, black trim cap with black returns. He added that the company logo is burgundy and a gold face with black trim cap and returns. He noted that the raceway mount wood be painted to match the building. Mr. Juralewicz stated that the hardship is the distance from Elliott Street to the 500 building, which is located in the rear of the parcel. Etc Chairperson Kelley asked there were any members of the public that would like to comment on this petition. She then asked the Board for their questions and comments. Etc. 41 Corning Street — R -10 Zone — Albin Erikson Variance Request Mr. Erikson spoke on his own behalf. He stated he would like to move the location of his existing 12 -feet by 18 -feet detached garage approximately 4 -feet closer to the dwelling and rebuild as a 24 -feet by 24 -feet detached garage. He added the setbacks will be 8.5feet and 9.89 -feet in the rear and 12.8 -feet at the side yard. Photographs of the property and drawings dated August 28, 2008 of the proposed garage were submitted to the Board for review. Chairperson Kelley asked if there were any members of the public that would like to comment on this petition. There being no one present she asked the Board members for their questions and comments. 6 Longfellow Street — R -10 Zone — Glenn and Jennifer Andersen Section 6 Finding Request Mr. Anderson spoke on his own behalf. He stated he was requesting to build a proposed 2nd floor addition over rear living room. He added that the side yard setback is 6.7 -feet instead of the required 15 -feet. The addition will be no closer to the lot line than the existing building, and is no more detrimental than the existing non - conforming structure. The new proposed 2nd floor addition drawn by Raymond T. Guertin, Architect contained the 1 st and 2nd floor plan, and the north, south, east, and west elevations were submitted for the Board to review. A site plan dated June 12, 2008 was drawn by Gerald Ralph Marsella, Registered Land Surveyor. Mr. Andersen also presented photographs of the property. Chairperson Kelley asked if there were any members of the public that would like to comment on this petition. There being no one present she asked the Board members for their questions and comments. Etc. 449 Cabot Street — R -10 Zone- Steven Atherton and James Zarella Section 6 Finding Request Attorney Marshall Handly, spoke on behalf of the petitioner. He stated he was requesting to add an accessory convenience use to existing Gas Station use, within existing building envelope and footprint and to allow a proposed infill addition 11.2 -feet by 8 -feet. To also allow ancillary used car sales. Etc. A plan of the gas stations proposed conversion to Convenience Store /Gas & Used Car Sales was dated September 2008 and drawn by Gerald R. Marsella, Registered Land Surveyor. Photographs of the property were submitted to the Board for review. Chairperson Kelley asked if there were any members of the public in opposition of this proposal. Chairperson Kelley then asked the Board members for their questions and comments. Etc. 611 Essex Street — R -22 — Leah A. Sak Variance Request Ms. Sak spoke on her own behalf. She stated she was requesting to construct a 12 -feet by 25 -feet one -car garage, that encroaches 10 -feet upon the required 15 -feet side yard and encroaches 2 -feet 3- inches plus or minus upon the required front yard setback of 30 -feet. Etc. A plan of the land dated October 1, 2008 was drawn by Eastern Land Survey Associates, Inc. Front and back elevations and floor plans along with roof plans (Al) dated September 25, 2008 were submitted to the Board to review. Ms. Sak also submitted photographs of the property. Etc 46 Ashton Street — R -10 Zone — Thomas A. Frangos /Agent Section 6 Finding Request Mr. Frangos spoke on behalf of the owners William and Janice Guerrette. He stated he was requesting to build a proposed 2nd story addition measuring 24 -feet by 29 -feet over the existing 1 st floor, and add a 10 -feet by 16 -feet sunroom to the front, add a 6 -feet by 12 -feet rear deck to replace existing steps, and replace front steps with covered entry. Etc. Photographs of the property were provided for the Board to review. The addition and alterations to the property were drawn by William Frangos, Architect. Etc. Chairperson Kelley asked if there were any members of the public that would like to comment on this petition. There being no one present? She asked the Board for their questions and comments. Etc etc. 102 Lovett Street — R -6 Zone — Kenneth Grant Section 6 Finding Request Mr. Grant spoke on his own behalf. He stated he was requesting to allow a proposed one - story, 35 -feet by 18 -feet, plus or minus addition to the rear of the existing non- conforming dwelling. The footprint of the addition is in conformity with the existing zoning regulations. Etc Chairman Kelley asked if there were any members of the public that would like to comment on this petition. Chairman Kelley then asked the Board members for their questions and comments. A plan of the land was revised on October 1, 2008, drawn by Rural Land Surveys, Billerica, MA. Proposed site plan with first floor plan (1 -8) were drawn by Austin Architects, LLC, Cambridge, MA. 138 Conant Street — IR Zone — Stephen I Connolly Variance Mr. Connolly spoke on behalf of his father. He stated he was requesting to allow placement of a 3 -feet by 5 -feet freestanding sign. The sign to include the business address only, which is "138 Conant Street" Etc. The Sight Plan is dated September 19, 2007 drawn by Peter J. Orgen registered Engineer and Site Landscaping Plan L1.1, dated October 9, 2008. Chairperson Kelley asked if there were any members of the public that would like to comment on this petition. She then asked the Board members for their questions and comments. Etc 39 Friend Street — R -10 Zone — Paul & Emily Brown Section 6 Finding Request Mr. Brown spoke on his own behalf. He stated he was requesting to be allowed to construct a full second story addition, 28 -feet by 33 -feet over the existing first floor. The front setback is non - conforming. Mr. Brown stated Etc. A plot plan dated 09 -09 -08 drawn by Robert James Sotiros and photographs of the property were submitted for the Board to review.