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2008-09-23CITY 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 include an examination of the Board's Decision for that hearing. Board: Zoning Board of Appeal Date: September 23, 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, Day Ann Kelley, Scott Ferguson, and Margaret O'Brien. Alternate Members: Joel Margolis, Noelle Faris, and Pamela Gougian. Others Present: Building Commissioner /Zoning Officer — Steve Frederickson and Clerk of the Board — Diane Rogers. Absent: Jane Brusca Scott D. Houseman opened the meeting to the public at 7:00 p.m. He stated he would serve as the Chairman on the continued case of Curry Architecture located northwest of the intersection of Conant Street and Cherry Hill Drive. North West of intersection of Conant Street and Cherry Hill Drive- IR Zone Curry Architecture Special Permit Requests Melissa Leclerc spoke on behalf of Curry Architecture LLC during the June 24, 2008 hearing. A discussion followed and the Board voted to continue Curry Architecture's application until the next scheduled meeting, July 22, 2008 subject to a waiver of time Page 2 being signed. At the July 22, 2008 meeting, Mr. Owens McCullough, P.E. spoke on behalf of Melissa Leclerc, Project Manager of Curry Architecture. After a discussion the Board motioned for this case to be continued at the next scheduled meeting, August 26, 2008. At the August 26, 2008 meeting, the Board did not have a quorum to hear Curry Architecture's case. The Board motioned to have this case continued to the next scheduled meeting, September 23, 2008. A waiver of time was signed. On September 23, 2008 Mr. Owen McCullough, P.E. spoke on behalf of Curry Architecture. After a 90- minute discussion he requested that the case be carried over to the October 28, 2008 scheduled meeting. A motion was granted to allow the petitioner to continue the proposal at the next scheduled meeting October 28, 2008. A waiver of time to be signed. (Houseman, Ferguson, O'Brien, Margolis, and Faris voted in favor) 29 -R West Street — CN Zone — Todd F. & Deborah Michaud to Modify and Expand a Variance Attorney Thomas Alexander wrote a letter dated September 23, 2008 to the Board of Appeals, requesting to continue the proposal to the October 28, 2008 scheduled hearing. A motion was made to continue the proposal to the next scheduled meeting October 28, 2008 and a waiver of time to be signed. Motion carried unanimously. (Houseman, Kelley, O'Brien, Ferguson and Margolis in favor) 4 Foster's Point — R -10 Zone — Andrew St. Pierre Special Permit or Variance Request Attorney Mark Glovsky, representative of the petitioner sent a letter dated September 18, 2008 with a request for a continuance of the Public Hearing until the October 2008 meeting. He stated that Mr. Pierre would attempt to address concerns of a neighbor, and that as his Attorney, he would complete necessary legal research in connection with the Application. O'Brien made a motion to grant the continuance to the October 28, 2008 meeting. A waiver of time to be signed. Seconded by Margolis. Motion carried unanimously. (Houseman, Kelley, O'Brien, Ferguson, and Margolis in favor) 3 Essex Street - CC Zone - Briscoe Limited Partnership Special Permit and Variance Request Stephen Gallante of Landmark Senior Living Communities spoke on behalf of the petitioner. A letter dated June 24, 2008, from William J. Giovannucci, General Partner of Briscoe Limited Partnership, gave permission for Mr. Gallante to apply for this amendment to the current zoning variance /special permit. Mr. Gallanate stated a Special Permit and Variance was granted on February 27, 1996 and March 26, 1996 to increase the unit count from 82 -units to 85 -units by converting vacant daycare space into units (apartments.) He added that all work is to be interior. The Zoning Board of Appeals approved these amendments in December of 1996 however, due to Brisco's inaction the rulings expired. A copy of the November 22, 2005 Decision and amendments to the existing approved special permit and variance granted on February 27, 1996 and March Page 3 26, 1996 to increase the unit count were submitted for the Board to review. The following information was submitted for the Board to review: plot plan drawn by Harry R. Feldman, Inc. July 19, 2005, space plan 2, showing limit of work drawn by Winter Street Architects Inc., June 24, 2005, and photographs of the building. A petition was signed by 50 residents of the Landmark Senior Living Community at Oceanview. They support the proposal before the Board to add more units and common space to the vacant area in the front of the building. The common space would include a therapeutic rehabilitation office, an Artist studio, a living room, conference room and a staff office. Letters of support for expansion plans within the existing building space were submitted from the following: Mary N. Beckman Vice President from Custom Medicine Pharmacenter, Gin Wallace Executive Director, from Beverly Main Streets, Paul Guanci owner operator from Super Sub Shop and Casual Catering, Mark Ray, Chief of Police, and Susan Mueller Executive Director of Beverly Chamber of Commerce. Chairperson Day Ann Kelley asked if anyone from the public had any questions or comments. Mr. William LeBlanc of 22 Hale Street submitted a letter for the Board to review. He stated he would like the Board to enforce the agreement between Ocean View and he, which was signed on November 6, 2003 regarding the rooftop equipment screening. He stated that written in the decision dated November 22, 2005, when Briscoe asked for amendments to increase the unit count from 82 -units to 85- units, a condition was placed that said prior to issuance of a Certificate of Occupancy for the new residential units: (1) visual screening on the side of the air- conditioning units be installed and such screening to substantially match the existing screening panels on the roof, (2) that all screening panels on the roof be painted a color consistent with those presently on the roof and (3) after the completion of the first two conditions a letter be written to the building department stating that the screening is erected. Mr. LeBlanc stated one side of the panels blew down and was never replaced. Chairperson Kelley then asked the Board Members for their questions or comments. O'Brien stated she was not aware that the barrier upon the roof was not satisfactory. Ferguson stated he remembered the original proposal and it was difficult to solve the mechanical problem of noise from the air- conditioner on the rooftop. He assumed that the storm might have blown the paneling down. Day Ann Kelley asked if Ocean View would resolve the damage prior to receiving their amended decision. Ocean View's representative stated they would repair the damage and resolve the screening on the roof. Ferguson asked how many parking spaces would be available. Mr. Galante responded the available parking spaces would increase because most of the residents do not have vehicles and that more than six parking spaces had been provided for the day care. O'Brien asked if there were to be any changes from the last request. Mr. Galante responded the request is the same. Ferguson made a motion that the proposed alteration/reconstruction to this assisted living building does not increase the non- conforming nature of said structure, and that the proposed extension or alteration will not be substantially more detrimental than the existing non - conforming structure to the Page 4 neighborhood. That having considered the special permit criteria set out in the Beverly Zoning Ordinance per Section 29 -28 -C2 A,C,D,E,& F are approved. In addition that the Board grant the plans submitted with the application are strictly complied with 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 carried 4 — 0. (Kelley, Ferguson, O'Brien, and Margolis in favor) Administrative Business Mr. Scott Houseman stated that the Board of Appeals of the Zoning Ordinance was in need for another Chairperson because of his retiring from the Board. He recommended Mrs. Day Ann Kelley, a former Chairperson. A motion was made by Houseman and seconded by O'Brien to elect Mrs. Kelley as the new Chairperson. Motion carried unanimously. (Houseman, O'Brien, Ferguson, Faris, and Margolis voted in favor) 2 -4 Vestry Terrace; 21 Vestry Street — Cormier Trust Variances Requested Attorney James M Sears, representative for Cormier Realty Trust, requested that this case be heard and then continued. Chairman Kelley stated only four members of the Board were available to vote. She added that the case should be continued. Mr. Sears then requested that the Board continue his case until the October 2008 hearing. A motion was made to continue the case until the next scheduled meeting in October. Motion carried unanimously. (Kelley, Ferguson, O'Brien, and Magolis in favor) 55 Hillside Avenue — R -10 Zone — Robert Gulla, A.I.A. Section 6 Finding Request Mr. Robert Gulla, A. I. A. spoke on behalf of Kathy and Richard Malewicki, owners of the property. He stated he was requesting to construct a 26 -feet by 32 -feet attached garage addition with living spaces above and an open balcony deck, 10 -feet by 25 -feet upon the existing non - conforming dwelling. He added that the entire addition meets all current zoning setbacks and requirements but due to the north side of the existing structure encroaching on the setback, a finding is required. Mr. Gulla stated that the first floor addition above the proposed garage will include a rear entry, living room, breakfast nook, laundry (to be brought up from the basement), bathroom and a deck. The second floor addition, which will be located above the first floor addition, will enlarge one existing bedroom to become a master suite. He added that this suite will include a bedroom, closet, and bathroom. The following is a list of the abutter's in favor of the proposed project: Linda M. Quartarone of 57 Hillside Avenue, Richard R. Malewicki, Jr. of 55 Hillside Avenue, Shirley Provencher of 51 Hillside Avenue, Michael \c. Rhodes of 58 Hillside Avenue, Anthony L. Staffier of 60 Hillside Avenue and Peter S. Lucas of 64 Hillside Avenue. Mr. Gulla stated that most of the neighborhood dwellings were non- conforming. He submitted the following documents he drew for the Board to review: Page 5 Site Plan based on plot plan provided by American Land Survey Associates, Inc. dated May 30, 2008. The Basement plan, First floor plan, Second floor Plan, Elevations, Perspective sketch of dwelling, were all dated August 8, 2008. Photographs of the property were submitted to the Board for their review. Chairperson Day Ann Kelley asked if anyone from the public had any questions or comments. There being no one present, the Chairperson asked the Board members for their questions and comments. Kelley asked for the square footage of the dwelling presently. Mr. Gulla responded that 1200 was the current square footage. Ferguson asked if this proposal, which is two times larger, would have any impact upon the neighborhood? O'Brien stated that though the requested proposal was large, there was a white dwelling below that appeared to be quite large. Margolis stated he had no questions at this time. Margolis made a motion to allow the requested Section Six Finding and 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 alternation will not be substantially more detrimental than the existing non - conforming structure to the neighborhood. The criteria of a Section 6 Finding, per Section 29 -28 -C (2) is satisfied A, C, D, E, & F are approved. The plans submitted with the application are to be strictly complied with, identified in, and incorporated into, the Board's decision and the elevation drawings to the extent feasible, are recorded with the decision. Seconded by Ferguson. Motion carries 4 — 0. ( Kelley, Margolis, O'Brien, and Ferguson in favor) N.W. of Intersection of Conant Street — IR Zone — Curry Architecture Special Permit Request Owens A. McCullough, P.E. of Sebago Technics, spoke on behalf of the petitioner. He stated at last months meeting a discussion regarding the Federal Aviation Administration for the project was mentioned. He received the final determinations (for each of the four buildings) from both the Massachusetts Aeronautical Commission and Federal Aviation Administration for the project. The (MAC) determination states "these projects do not violate MAC laws and regulations ". FAA determination stated, "This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation." Mr. McCullough submitted a letter dated July 21, 2008 from Frank J. Killilea, P.E. confirming that City water and sewer systems have adequate capacity to serve the project. Also enclosed is the November 19, 2002 approval correspondence for the "Modification to Definitive Subdivision Plan — Cherry Hill Park. Subdivision. The Planning Board did reduce the 150 restrictive green belt requirement, along Conant Street to 75 -feet. Mr. McCullough provided the Board with approval Correspondence for the Modification. Chairman Houseman asked if anyone from the public had any comments or questions. Page 6 Ken Robertson from Beverly Airport stated in 1976 there were single engine planes. He added that presently there are corporate jets using the runways. He commented that the Airport does receive complaints relative to noise and questions. His concern is this proposal will be located directly under the air flight paths, the number of residents living in a confined area, and safety. He is of the opinion the zone should remain IR only. He commented once the buildings are build it is forever. He quoted "Stop it now ". A resident of Danvers stated this is a great project but belongs at a different location. Ms. Kathleen Falk spoke on behalf of the direct abutters of the project. She stated Mr. Thomas W. Brown, Managing Member of Brookwood Cherry Hill I, LLC, Wade Burritt, Director, Facilities and Corporate Services Axcelis Technologies, Stephen J. Connolly IV of Conant Street Realty Trust & Raymond Lane Realty Trust strongly oppose the petition. She added that (1) this property is not an appropriate location for an elderly housing project and the character of adjoining uses would be adversely affected by such a residential use. The IR zone is expressly designed so that owners can use their properties for industrial and commercial uses without affecting outlaying residential area, and is located in an area, which can accommodate the storage and deliveries of materials that these uses need and the levels of traffic, noise and other impacts they produce. (2) The proposed use would not be in harmony with the general purpose and intent of the Beverly Zoning Ordinance and would not serve the public good. Residential use would adversely affect the employment base of the city because mostly minimum wage personal care jobs would replace the highly -paid skilled technology and industry jobs that an industrial /commercial use would produce. It would also adversely impact the real estate tax base of the City because the property would be taxed at the residential, rather than commercial, rate. (3) The problems described above and the request substantial reduction of the greenbelt area would adversely impact the value of the neighboring parcels. Mr. Houseman asked if the Board received a new application for a hotel would Mr. Connolly be in favor of that? Mr. Connolly responded yes, he would be in favor of a hotel. He added the hotel would enhance his property. Margolis asked what was detrimental to your property? Mr. Connolly responded the "use" is what's important, whether it is a business, office building, or manufacturing plant. Faris asked Mr. Connolly "your concerns are you property enhancement ?" Mr. Connolly responded that he was in favor of a business that is allowed in the IR zone. O'Brien concurred with the abutters. She is of the opinion the abutters have a legitimate concern and she would like to see the proposal located somewhere else in Beverly. Owens McCullough, P.E. asked if he could answer some of the questions just submitted. He stated there are no automatic rules that would not allow this building project. He added that this project will bring in $30 million dollars. He commented that this land has been for sale for 28 years! Mr. Mark Lowen stated this is not a " buy in apartment ". He added that if the tenants don't like the noise they can leave. Houseman stated the Board cannot take into account the money dollar value of the project. He added there is a need for this kind of project but he is of the opinion this is not the location. He stated he has concerns. Faris stated she was in favor of the project. She added that planes fly over her dwelling and you get used to it. Page 7 Margolis stated he has concerns with the noise. He added he did not believe that one entry is safe to handle residents trying to leave the buildings. Ferguson stated the project is wonderful for this city but not at this location. Owens McCullough requested that the Board allow his proposal "Curry Architecture" to be continued until next month so he could have the opportunity to present new information. After a discussion between the Board members O'Brien made a motion to allow Curry Architecture to be continued to the October 28, 2008 hearing. Seconded by Margolis. A waiver of time to be signed. Motion carried unanimously. (Houseman, Ferguson, O'Brien, Faris and Margolis in favor) Business: The minutes were not mentioned. Ms. O'Brien did read the minutes of February 26 and April 7, 2008. Meeting adjourned at 9:50 p. m.