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2015-08-25City of Beverly Zoning Board of Appeals August 25, 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 Levasseur, David Battistelli, Pamela Gougian, Victoria Burke Caldwell, Margaret O'Brien, Alternate Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3rd Floor, Room B Mr. Margolis, Chairperson called the meeting to order at 6:59 pm. L PUBLIC HEARINGS A. Modifications John Athansopoulos The Petitioner is requesting a modification of the Special Permit dated July 22, 2014 for the property located at 25 Trask Street. Nicholas Ambeliotis, Esq. of Ankeles, Vontzalides, Ambeliotis & Delaney, LLP, Peabody, MA addressed the Board. Atty. Ambeliotis stated the Petitioner began construction and realized the room was going to be too small and so he is proposing to add a dormer on that side of the house as indicated in the plans submitted. Letters from direct abutters in support of the proposed plans, including the direct abutter at 27 Trask Street, were submitted to the Board. Atty. Ambeliotis reviewed the proposed plans submitted and stated the architect is also present for any questions. No members of the public commented. Board Discussion Mr. Battistelli asked that the letter from the abutter at 27 Trask Street be read out loud. Ms. O'Brien asked for confirmation that the abutter at 27 Trask Street is the abutter facing the house on the left and Mr. Margolis confirmed. Mr. Battistelli stated since this abutter doesn't have an issue and she was the one that had issues before he is in favor of this modification. Zoning Board of Appeals August 26, 2015 Page 1 of 10 MOTION: Mr. Margolis moved to close the public hearing. Second by Mr. Battistelli. All in favor. MOTION: Mr. Battistelli moved to approve the modification at 25 Trask Street to allow for a shed dormer on the left side of the house as it will not be detrimental to the neighborhood or negatively affect the property values, subject to the plans submitted. Second by Ms. Caldwell. "Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. Suzanne Condon /T. Alexander, Esq. The Petitioner is requesting a modification of Variance issued August 26, 2014 for the property located at 21 Summit Avenue f/k/a Cox Court. Mr. Margolis recused himself from this matter due to a conflict and designated Ms. Caldwell as the Chair. Thomas Alexander, Esq. of Alexander and Femino, Beverly Atty. Alexander approached the Board and stated he represents Thomas Berube, who purchased this property from the Condon family. When it came time to prepare the construction level drawings for this property, the plans did not work. Mr. Berube had the plans redesigned and within the parameters set by the Board. The proposed changes affect the parking space locations and the exterior design, otherwise the design is the same footprint, height, number of parking spaces and number of units. David and Michelle Hannable, 22 Cox Court Mr. Hannable stated they never saw the original plans that were submitted when the variance was issued. As abutters they have no problem with anyone making improvements on the property. Recently they have noticed dots on the street and when they inquired about them they were told they were property boundary lines. The Hannables would like clarification as to what the boundary lines are. Mr. Frederickson stated it may be a private way and that part of the subject property is located in the paved area. Atty. Alexander stated the boundaries of the property are determined from the layout of the street by the City. Ms. Hannable asked which side of Summit Avenue the entrance to this property will be and Atty. Alexander clarified on the Plot Plan. Ms. O'Brien asked for confirmation that the street will remain the same size and Atty. Alexander could not confirm. Mr. Battistelli stated the Board should have asked these questions at the original hearing but that is not part of the process tonight. Mr. Hannable asked how they will be able to back their cars out of their driveway without going onto the Berube's property. Mr. Battistelli asked if the builder was present and the builder came forward to answer questions. Mr. Battistelli stated he voted in favor for this variance because he thought the original pitched roof line was attractive and asked why the builder had to change the roof line. The builder stated when they went out to the property with the engineer they felt it was too high and the changed Zoning Board of Appeals August 26, 2015 Page 2 of 10 roof line would better fit the neighborhood. Ms. Gougian stated the variance issued is subject to the plans originally submitted and this modification request is more than just a minor change. Ms. O'Brien asked what the square footage is and the builder stated it's the same exact size as originally submitted but they lowered the elevation 4 '/z feet. Ms. Gougian stated she would prefer to see a less industrial looking design. Ms. Caldwell stated the change in the plans is just stylistic. Mr. Levasseur stated that while the new plans may not be as aesthetically pleasing to some, the site plan remains the same. The builder reviewed the proposed plans with the Hannables. Ms. Caldwell stated the variance was already issued and so the Board just needs to decide if the modification is approvable. Mr. Battistelli stated again that he based his previous vote on something that he felt was aesthetically appealing and he is really having an issue with this. Ms. O'Brien asked why the parking spaces changed and Atty. Alexander stated originally there were 8 spaces across and they were packed together so now there are 6 spaces together and 3 spaces around the other side so parking is less congested. Ms. Gougian asked for confirmation that the private way can continue to be used in the same way and the builder stated the fire department came out and confirmed they can still turn their trucks around. Mr. Hannable wants to go on record stating that him and Mrs. Hannable oppose this proposed plan based on the blueprints until they know exactly where the boundary lines are. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. All in favor. Motion carries. Board Discussion Mr. Levasseur stated the variance was already issued and so tonight the Board has to determine whether the proposed modifications to the exterior, elevation and parking spaces negatively affect the neighborhood. Mr. Levasseur asked for confirmation that the (valid) arguments the abutters brought up cannot be considered while making this decision. Ms. Caldwell confirmed. Mr. Battistelli asked what are rules are for a variance that needs to be reviewed. Ms. Gougian stated if these were the original plans to be voted on she would have a difficult time voting in favor. Mr. Levasseur stated he understands what the builder is trying to do and although it's not appealing to some, it's not out of character for the neighborhood. Ms. O'Brien stated she feels this is a significant modification because the design is so different but the fact that it's the same footprint and square footage is causing her to be torn. Zoning Board of Appeals August 26, 2015 Page 3 of 10 Ms. Caldwell stated the vote doesn't seem to be heading in a favorable direction and asked if the Petitioner would like to withdraw and resubmit plans. Atty. Alexander stated he talked with the builder and he would like to withdraw just build what was approved when the variance was issued even though he doesn't think the parking will work as well. Atty. Alexander stated he thinks the Board can approve the parking changes and not the elevation and exterior changes. Atty. Alexander stated they will withdraw the modification of the exterior design and elevation. MOTION: Mr. Levasseur moved to approve the minor modification at 21 Summit Avenue pertaining only to the parking, not to any of the elevation and design changes brought before the Board tonight. Second by Ms. O'Brien. "Yes" votes: 5 -0 (O'Brien, Levasseur, Battistelli, Gougian, Caldwell) Motion carries. 11 Ellsworth LLC /T. Alexander, Esq. The Petitioner is requesting a modification of a Special Permit issued June 23, 2015 for the property located at 11 Ellsworth Avenue. Thomas Alexander, Esq. of Alexander and Femino, Beverly Atty. Alexander stated this is a request to modify the Special Permit issued to rebuild a building that had burned down on the same footprint. The Petitioner is proposing to add dormers on the second floor as shown on the plans submitted. Atty. Alexander distributed drawings to the Board and Atty. Alexander stated it keeps with the basic design that was previously approved. No members of the public commented. Board Discussion Ms. Gougian asked if the 3rd floor will be additional bedrooms and Atty. Alexander confirmed and stated it is the same height and same roof line as previously approved. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli. All in favor. Motion carries. MOTION: Mr. Battistelli moved to approve the Special Permit modification for 11 Ellsworth Avenue as the changes are not detrimental to the neighborhood and it is aesthetically pleasing, subject to the plans submitted. Second by Mr. Levasseur. "Yes" votes: 5 -0 ( Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. B. New Hearings Barry and Laureen LeFavour In a petition for a request for a Special Permit to attach a single car garage to the house and extend garage to the rear 20' and to the front while maintaining the existing left side setback of 10.9'. The property is located at 9 Virginia Avenue in R -10 zoning district. Zoning Board of Appeals August 26, 2015 Page 4 of 10 Mr. LeFavour addressed the Board and introduced Mr. John Hale, the designer to answer any of the Board's questions. Mr. Hale reviewed the addition plans. Currently there is an existing pool house behind the garage. Mr. Hale stated the LeFavour's would like to construct a two car garage incorporating the space where the existing pool house is and also go up one level which would tie into their existing house. They would demolish the existing garage and pool house and build the foundation on a slab at grade. The drawings submitted indicate block elevations and Mr. Hale distributed drawings to the Board that better illustrate the elevations. Mr. Hale stated it is the owner's intention to blend the addition with the existing house by using the same clapboard siding, trim board, fascia board, etc. so the addition and the house will look like it was all built at the same time. Jeffrey Besse, 202 Bridge Street Mr. Besse stated he is in favor of this project. Board Discussion Mr. Margolis asked what is going above the garage space in terms of use and Mr. Hale responded two bedrooms. Mr. Margolis asked if there are plans for an additional kitchen or bathroom and Mr. Hale responded there have been discussions of creating an in -law apartment. Mr. Frederickson stated that would require coming back to the Board for approval. Ms. Gougian asked if they have to go through the house to get to the in -law if it would still need Board approval and Mr. Frederickson responded he thinks that would be ok. Mr. Margolis asked for clarification of the overhang on the drawing. Ms. Caldwell asked if it is a cantilever and Mr. Hale responded yes 8 feet. Mr. Margolis stated he is concerned about how an 8' overhang over the garage will look and Mr. Hale stated it will make it flush with the existing house. Ms. Caldwell stated she likes the idea that the overhang will tie it in with the rest of the house instead of having a recessed garage. Mr. Battistelli stated he is looking at the total length of the addition and asked why the pool house has to be longer and what the purpose of the pool house is. Mr. Hale clarified the pool house is going to be absorbed into the back of the garage space. Mr. Lefavour stated that he is looking for more garage space to store his antique car, motorcycles and have a work shop area. Ms. Caldwell stated the abutters surrounding the proposed garage have signed the petition in favor. Ms. O'Brien asked if there were pictures of that side of the garage and Mr. Lefavour referred the Board to the pictures submitted with the application. Laureen Lefavour stated her husband wants a nice garage and they want additional space for their home. Ms. Lefavour stated she will make sure it's going to look nice because that is important to them. Zoning Board of Appeals August 26, 2015 Page 5 of 10 MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli. All in favor. Motion carries. MOTION: Mr. Battistelli moved to approve the Special Permit at 9 Virginia Avenue for a garage extension that will be no closer than 10'9" to the left side property line, subject to the plans submitted but allowing the installation of additional windows as the owner sees fit on the left side of the garage addition. It is understood that any plans to use the additional space as an in -law apartment would require returning to the Board for approval. Second by Ms. Caldwell. "Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. Barbara Hausman In a petition for a request for a Special Permit to build a new 13'x 16' open deck with a rear yard setback of 15' 2" instead of the required 25' on the right side of the existing structure. The deck replaces existing stairs, stair landing and brick patio area. The property is located at 3 Haskell Street in R -15 zoning district. Barbara Hausman addressed the Board and stated she is seeking relief of the rear side setback to build a deck that would extend into the existing open side yard area which currently has a brick pathway. Ms. Hausman submitted three letters from abutters who are in favor of the proposed deck. The proposed deck will be set back far enough off the street for privacy. No members of the public commented. Board Discussion None. MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Caldwell. All in favor. Motion carries. MOTION: Ms. Caldwell moved to approve the Special Permit, subject to plans submitted. Second by Mr. Battistelli. "Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. Gloria Salvanelli In a petition for a request for a Variance to construct a 12' x 22' single car garage with a right side setback of 5' instead of the required 15' or, in the alternative, a variance to construct a garage with a height of 12' instead of the maximum 10' and an area of 288 s.f instead of the maximum 100 s.f The property is located at 5 Liberty Street in R -10 zoning district. Gloria Salvanelli stated she would like to build a single car garage on her narrow and non conforming Lot. She has three direct abutters and she submitted a petition signed by them approving the proposed garage. Ms. Salvanelli stated her hardship is that her Lot is narrow and Zoning Board of Appeals August 26, 2015 Page 6 of 10 this is the only spot for the garage. The pitch will be 12' to allow for snow to fall off and the purpose will be to store her car, trash barrels and a lawn mower. Board Discussion Mr. Battistelli stated he agrees with the proposed location of the garage but asked why the garage can't go behind the house and Ms. Salvanelli stated she wouldn't have a yard. Ms. Gougian asked how much space she has between the house and the garage and Ms. Salvanelli stated about two feet. Mr. Battistelli asked for the addresses of the abutters who signed the petition in favor. MOTION: Mr. Battistelli moved to close the public hearing. Second by Mr. Levasseur. All in favor. Motion carries. MOTION: Mr. Levasseur moved to approve the Variance to construct a single car garage due to the Lot size and shape, subject to the plans submitted. Second by Mr. Battistelli. "Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. Robert Freni In a petition for a request for a Special Permit to enclose an existing deck off of the rear of the house. The existing deck aligns with the house which encroaches into the zoning setback by 6'6 ". The proposed enclosure will align with the edge of the house and will not encroach any further. The property is located at 6 Gardner Street in R -10 zoning district. Mr. Freni addressed the Board and reviewed the proposed plans. The Petitioner is requesting a Special Permit because they are encroaching into the setback requirements. The existing house sits 8'6" back from the property line. The new sun room will encroach into the setback itself but will not go any further than the existing house. The abutter to the north that it will affect most is in favor of the design and they have submitted a letter with the application. No members of the public commented. Board Discussion Mr. Battistelli asked if there were any plans to add a deck at this point and Mr. Freni stated not at this time. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. All in Favor. Motion carries. Zoning Board of Appeals August 26, 2015 Page 7 of 10 MOTION: Mr. Levasseur moved to grant the Special Permit for 6 Gardner Street to alter the existing structure to construct a sunroom that encroaches the side setback by 7 feet, subject to the plans submitted. Second by Mr. Battistelli. "Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. 30 Thorndike Street LLC In a petition for a request for a Special Permit to authorize the voluntary demolition and reconstruction of an existing garage having nonconforming side setback of 17" and rear setback of 27'. The new garage will not encroach any further into the setbacks than the existing structure and will not increase the building size, volume, footprint or area by more than 50 %. The property is located at 61 Lovett Street in R -6 zoning district. Miranda Gooding, Esq., Glovsky and Glovsky Atty. Gooding addressed the Board on behalf of the Petitioner for 61 Lovett Street. Martha Gavin, the Principal of 30 Thorndike Street LLC is requesting a Special Permit to reconstruct an existing nonconforming garage. The new structure will increase less than 50% in size than what currently exists. The current garage from 1927 is quite dilapidated and would not accommodate two cars right now. The rear and side setbacks will remain the same. The requirement for the structure is 25' feet for a rear setback and 10' for a side setback. Atty. Gooding provided the Board with a petition signed by thirteen direct abutters in favor of the proposed plan. No members of the public commented. Board Discussion Mr. Battistelli stated he is concerned about all the tar and Ms. Gavin responded that the proposed plans streamline the existing garage and actually create more green space. Mr. Battistelli stated he would like to put that into the Motion as a stipulation. Ms. Gavin approached the Board with her Ipad and showed the members where the yard and gardens will be. Ms. Gougian asked for the current measurements of the existing garage and the proposed measurements and Ms. Gooding responded: Existing: 18' x17'5" (as -built plan) Proposed: 22' x 20' (shown on first floor plan) MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. All in favor. Motion carries. Zoning Board of Appeals August 26, 2015 Page 8 of 10 MOTION: Ms. Gougian moved to approve the Special Permit at 61 Lovett Street to allow the reconstruction of a nonconforming two car garage in its existing location. The new garage will be 440 square feet, maintain the existing setbacks, meet the requirements for a Special Permit and will not increase more than 50 %, subject to the plans submitted. Second by Mr. Levasseur. "Yes" votes: 5 -0 (Levasseur, Battistelli, Gougian, Margolis, Caldwell) Motion carries. Jennifer Hall and Ann Hazen In a petition for a request for a Special Permit and Finding to construct a 267' x 20' single - story addition attached to the existing garage on the subject property and a 5'4" single -story connection of the garage to the existing nonconforming structure. The property is located at 19 Abbott Street in R -6 zoning district. Miranda Gooding, Esq., Glovsky and Glovsky Atty. Gooding supplied the Board with a new set of plans that are the same as originally submitted but have items highlighted. The property has frontage on both Abbott Street and Endicott Street. It's an existing, nonconforming single family home located 12'3" instead of the required 20'. The side yard setback is conforming on Abbott Street. The existing garage is about 2'8" from the sideline instead of the required setback. This project will connect the garage to the house. The garage will house a 7' x 14' therapeutic lap pool that the owner needs for health reasons. The addition, the pool and the small bathroom indicated on the Plan have all been designed to be handicapped accessible. The proposed addition will honor the existing side setback and will bring it further from the property line. It will be about 5' from the set back line. The elevations that were submitted demonstrate that the proposed addition will not be any higher than what is presently there, they are just building out to the back of the property. The breezeway will be one story and will now be one structure, the setbacks to the structure will apply. It's a large, corner lot. No members of the public commented. Board Discussion Mr. Margolis asked for clarification on a setback and Atty. Gooding clarified that the proposed addition is marked off at 5' at its widest point. Ms. O'Brien stated the location of the addition wouldn't interfere with anything. Ms. Gougian asked if there are single family homes that back up to the property. Ms. Gougian stated she sees Abbott Street as the front door and Atty. Gooding stated it has an Abbott Street address but as a corner lot the owner can designate the frontage. The purpose of the application has designated Endicott Street as the front because that is where the garage is. Ms. Gougian asked if the owners sell the house and the new owner wants to fill in the pool and make it into a regular garage would there be any issues with the use and Mr. Frederickson stated it would have to come before the Board. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Zoning Board of Appeals August 26, 2015 Page 9 of 10 All in favor. Motion carries. MOTION: Mr. Battistelli moved to approve the Special Permit and Finding at 19 Abbott Street for the Petitioner to construct a 267' x 20" single story addition attached to the existing garage with a one story breezeway connecting to the existing home, subject to the plans submitted. Second by Mr. Levasseur. "Yes" votes: 5 -0 ( Levasseur, Battistelli, Gougian, Margolis, Caldwell). Motion carries OTHER BUSINESS Minutes MOTION: Ms. O'Brien moved to approve the Minutes from the July 28, 2015 meeting. Second by Mr. Battistelli. All in favor. (Ms. Caldwell abstained so Ms. O'Brien could vote) Applications Mr. Margolis asked Mr. Frederickson if they can make it mandatory that applicants highlight proposed changes on the plans submitted and Mr. Frederickson stated listed on the application checkslist. Mr. Margolis moved to adjourn the meeting at 9:47pm. All in favor. Zoning Board of Appeals August 26, 2015 Page 10 of 10