Loading...
2015-07-281 City of Beverly Zoning Board of Appeals July 28, 2015 These minutes are not a verbatim transcript of the public hearing of the Board of Appeals. Reviews of the Board's Decision or outcome of the public hearing should include an examination of the Board's decision for that hearing. Meeting Minutes Members Present: Joel Margolis, Chairperson, Jim Levasseaur, David Battistelli, Victoria Burke Caldwell, Margaret O'Brien, Alternate Members Absent: Pamela Gougian Others Present: Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3rd Floor, Room B Mr. Margolis, Chairperson called the meeting to order at 7:03pm L PUBLIC HEARINGS A. Modifications Charles Raymond, 39 South Terrace The Petitioner is requesting a Modification of the Special Permit granted on April 13, 2015 for the property located at 39 South Terrace. Charles Raymond, 54 South Terrace addressed the Board and stated the addition was larger than it needed to be and so he asked his architect to draw up new plans reducing the size which will result in less cost, insurance and maintenance. It's a rental property so the extra space isn't necessary. Board Discussion Mr. Battistelli stated it is always good to have several eyes look at proposed changes and he recalled there were concerns regarding drainage issues and stated the reduction in size will further help with that. MOTION: Ms. O'Brien moved to close the public hearing. Second by Mr. Battistelli. All in favor. Motion carries. MOTION: Mr. Levasseur moved to approve the Modification to decrease the size of the addition for which the Special Permit for 39 South Terrace was previously granted, based on the revised submitted plans. Second by Ms. Caldwell. Votes 5 -0 Motion carries. B. Continued Hearings Charles and Anne Polisky In a petition for a request for a Special Permit to demolish a non - conforming 18'x 19' garage to construct a 22'x 23' garage no closer to the rear and side Lot lines. This property is located at 8 High Street in R -6 zoning district. Mr. Polisky addressed the Board and reviewed his request. Mr. Margolis asked for an update on the unregistered vehicles. There was no public input. Board Discussion Mr. Battistelli stated that City ordinance permits only one unregistered vehicle on a property. Mr. Battistelli stated the Polisky's have neighbors that are very upset. Mr. Polisky stated the garage on the property is 40 years old and he would like to put up a new one to house two of the vehicles. Mr. Margolis asked if any vehicles on the property aren't being used and Mr. Polisky responded no that they use all five. Mr. Battistelli stated the property looks better than it did a month ago. MOTION: Ms. O'Brien moved to close the public hearing. Second by Ms. Caldwell. All in . favor. Motion carries. MOTION: Ms. Caldwell moved to grant the Special Permit to replace the existing 18'x19' with a 22'x23' garage, subject to plans previously submitted. Second by Mr. Battistelli. Votes 5 -0 Motion carries. C. New Hearings Steven Fiore In a petition for a request for a Variance to replace existing garage with a 22'x 26'x 20'(h) gambrel style garage and add a 5' deep porch on front of home. The property is located at 1 Marsh Avenue in R -10 zoning district. Mr. Fiore addressed the Board and stated when he moved into the property in November he had planned to rehab the existing 24' garage but discovered that the foundation is cracked on 3 sides and would like to tear it down and replace it with a 22'x26' garage and increase the height to be used for storage. Mr. Fiore would also like to add a 5' porch /breezeway onto the front of the home. Both projects would encroach on the side set backs. Ms. Mary Jennings, 2 Marsh Avenue Ms. Jennings stated she lives across the street from Mr. Fiore. She has been there since 1978 and stated that it's the type of neighborhood that you hope people move in and take pride in their property and improve them. They were originally summer camps. Rick Marciano, 141 McKay Street Mr. Marciano stated 1 Marsh Ave is an irregularly shaped Lot that is hard to work with and there isn't anything behind where the garage is located. Board Discussion Ms. O'Brien stated the Plans looks nice and as Mr. Marciano stated, there is nothing behind where the garage would be. Ms. O'Brien stated she is okay with the plans as they don't appear to be interfering with anyone's view or impeding the view for the flow of traffic or anything. Zoning Board of Appeals July 28, 2015 Page 2 of 3 Mr. Battistelli asked for clarification on where the proposed garage and /or porch are encroaching on the side setbacks and Mr. Fiore stated the current garage is on an angle and the new garage is going to be straightened and in line with the house so it would encroach about 4' into the setback. Ms. Caldwell stated it looks like there could be soil condition and topography related issues. Straightening the garage out would be a plus to the neighborhood and she doesn't think granting the Variance would be detrimental to the neighborhood. Mr. Battistelli stated the property abuts two streets and maybe the Board should specify a condition that additional doors on other sides of the garage cannot be added. Mr. Levasseur asked for confirmation that the land slopes in the back and Mr. Fiore clarified. Ms. O'Brien asked for confirmation that the new garage would not include plumbing for future living space and Mr. Fiore confirmed. MOTION: Ms. O'Brien moved to close the public hearing. Second by Ms. Caldwell. All in favor. Motion carries. MOTION: Ms. Caldwell moved to grant the Variance for 1 Marsh Avenue to remove the existing garage and replace it with a 22'x 26'x 20'(h)' garage with attached breezeway, subject to plans submitted and finding that the variance is in compliance with Chapter 40A, Section 10. Second by Ms. O'Brien. Votes 5 -0 Motion carries. II. OTHER BUSINESS A. Minutes MOTION: Mr. Levasseur moved to approve the Minutes from June 23, 2015. Second by Ms. O'Brien. Votes: 5 -0 Motion carries. B. Mr. Margolis stated that it was determined the Board would hear the 25Trask Street matter at the August 25, 2015 meeting. MOTION: Mr. Margolis moved to adjourn the meeting at 7:35pm. Second by Ms. O'Brien. All in favor. Zoning Board of Appeals July 28, 2015 Page 3 of 3