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2008-06-09CITY OF BEVERLY MASSACHUSETTS PUBLIC MEETING MINUTES SPECIAL MEETING 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: June 9, 2008 Place: Beverly City Hall, Copy Room B, 191 Cabot Street Board Members Present: Full Members: Margaret O'Brien and Scott Ferguson. Alternate Members: Joel Margolis and Noelle Faris Others Present: Building Commissioner /Zoning Officer — Steven Frederickson and Diane Rogers — Clerk of the Board. Absent: Jane Brusca Recused: Scott D. Houseman Acting Chairperson Margaret O'Brien opened the meeting to the public at 7:10 p.m. 371 Cabot Street — CN Zone — Beverly Bootstraps Community Services, Inc. Special Permit Request Attorney Thomas Alexander spoke on behalf of the petitioner. He stated he was requesting to use the premises as a community service organization. He added there will be no alteration of the structures on the premises. He stated the property is located at 371 Cabot Street on the corner of Pickett Street. He submitted photographs of the structure Page 2 and stated this is located in a Neighborhood Commercial District. Mr. Alexander stated he filed for a Special Permit under Section 29- 16 -C -2. He added in 1992 Bootstraps was located in the basement of the First Baptist Church, under a grant from Community Development. In 1994 the business was incorporated and renamed Beverly Bootstraps Inc. This organization provides good services for the City of Beverly residents, not only for the food pantry which provides food to needy families but also provides families with a free or inexpensive source of high quality clean clothing and household goods from their Thrift Shop on Rantoul Street. Bootstraps provides advocacy for those who need it most, including: help navigating the system i. e paperwork for child support or employment, emergency funds for utilities, and access to donated appliances, furniture and vehicles. An adult computer class is designed to teach adults basic computer skills. Mr. Alexander stated that since 2006 Beverly Bootstraps have been a tenant in this building. He added the organization decided to purchase the property and entered into a purchase and sale agreement. He stated that Bootstraps is a 501 (c) (3) charitable organization. The majority of the building at the premises is used for office and professional services. The interior square footage is approximately 3,782 s. f. Of the two floors, 744 square feet is used for a food pantry. The remainder of the building consists of administrative offices and conference rooms used for classes and meetings such as English as a second language, After - School Homework Club, Adult Literary Program, and GED preparatory classes. Mr. Alexander stated that on the other side of Cabot Street and Pickett Street immediately adjacent to this property is a municipal parking lot and adjacent to that is a parking lot for a strip mall. To the rear, the property abuts a dwelling in a residential zone. A summary of neighborhood signatures obtained was submitted for the Board to review. Mr. Alexander stated that this proposal follows the required criteria of a special permit per Section 29- 28- C -(2). That the specific site is an appropriate location for the proposed use, and that the character of adjoining uses will not be adversely affected. b. That no factual evidence is found that the property values in the district will be adversely affected by such use. That no undue traffic and no nuisance or unreasonable hazard will result. (they have resided there for two years and have had no problems with traffic) d. That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. (They maintain the property) Page 3 That there are no valid objections from abutting property owners based on demonstrable fact. (all direct abutters have signed in favor of the proposal) f. That adequate and appropriate City services are or will be available for the proposed use. Mr. Alexander introduced Ann Murphy, Administrative Assistant to the Bootstraps organization. She resides at 15 Eisenhower Avenue, Beverly, MA. Acting Chairperson Margaret O'Brien asked if anyone from the public would like to comment on this petition. Lisa E. White of 14 Odell Avenue stated she had some questions regarding vehicles such as SUV' S and Trucks that park too close on Cabot Street near the exit of Pickett Street. She added that these vehicles block her view when attempting to turn left onto Cabot Street from her home on Odell Avenue. She requested that Bootstraps inform their delivery people to park further down on Cabot Street, toward Rite -Aid. Ann Murphy responded that several of the vehicles park there just to drop off food or clothing. Acting Chairperson Margaret O'Brien asked the Board members for their questions and comments. Ferguson asked if a sign could be installed that read "deliveries to the rear of the building ?" He stated he believed drop offs of goods would only take a few minutes. (not more than 15 minutes) Mr. Alexander responded that a sign could be installed with that information. Ferguson stated regarding Section 29- 28 -(C) Special Permit Conditions to be met, he has issues with "b" that no factual evidence is found that property values in the district will be adversely affected by such use. He added that he would like # "b" stricken. Attorney Alexander responded that he has in fact provided that information relative to property values in the district. O'Brien stated this organization has provided wonderful services for the City of Beverly. She commented that this is a good location for Beverly Bootstraps Community Services, Inc. A Special Permit shall lapse after two years, and including such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. Ferguson: Motion that the special permit requested by Beverly Bootstraps Community Services, Inc. of 371 Cabot Street be GRANTED. The Board found that this usage would not be substantially more detrimental than the existing non - conforming structure or use to the neighborhood and shall not create a new non - conformity. The abutters signed in favor of this proposal. The conditions of Section 29 -27 -C (2) have been met A -F. Margolis stated the Section relating to this is Section 29 -28 -C (2). Amended. Seconded by Margolis. O'Brien questioned if there were any conditions regarding parking to be recorded in the decision. Board members responded that there would be no conditions added to the decision. Motion carries 4 — 0. (O'Brien, Ferguson, Margolis, and Faris voting in favor)