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2015-09-29City of Beverly Zoning Board of Appeals September 29, 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: Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3rd Floor, Room B Mr. Margolis, Chairperson called the meeting to order at 7:02 pm. L PUBLIC HEARINGS A. MODIFICATIONS Theresa McGovern The Petitioner is requesting a Modification of Variance issued September 9, 2014 for the property located at 15 Corning Street. Ms. McGovern addressed the Board and stated she is requesting an extension of the one year variance that was issued in September 2014. After the severe winter, she had trouble securing a contractor. She is also requesting a minor modification and asking for approval for an additional 4' linear extension of the garage to be used for storage. The proposed garage is less than half of what the existing garage. The setbacks will not be increased. There was no public participation. MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Gougian. All in favor. Motion carries. Board Discussion Mr. Battistelli agreed that this is a minor modification and he is in favor of the Petitioner's request to extend the Variance and the garage. Ms. Caldwell asked for confirmation that the existing garage on the right hand side of the property will be torn down and Ms. McGovern confirmed. Mr. Margolis stated, for the record, he is familiar with the neighborhood and he is not in favor of the garage or the extension. Zoning Board of Appeals September 29, 2015 Page 1 of 7 MOTION: Mr. Battistelli moved to approve the extension of the Variance issued in September 2014 and grant the Minor Modification to extend the depth of the garage by 4'. Second by Mr. Levasseur. Votes 4 -1 (Ms. Caldwell, Ms. Gougian, Mr. Battistelli, Mr. Levasseur) Opposed Mr. Margolis Motion carries. Thomas Berube (Suzanne Condon) /T. Alexander, Esc. 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 hearing due to his affiliation with the Petitioner. Ms. Caldwell is the Chairperson for this hearing. Attorney Jonathan White, Salem, MA addressed the Board and introduced Dan Ricciarelli and Julia Mooradian from Seger Architects. Mr. Ricciarelli reviewed the revised drawings /plans. Public Participation Dave Hannable, 22 Cox Court Mr. Hannable addressed the Board and stated the Developer did visit with him and his wife to address their concerns regarding the building's frontage. Mr. Hannable stated they are happy with the Developer and the plans are a positive addition to the neighborhood as it has been an eyesore for many years. Steve Mahan, 18 Summit Avenue Mr. Mahan stated there are major concerns in that area with regards to the drilling and he heard through the grapevine that there may be ledge and so they will need to bring in other equipment. Mr. Mahan thinks the project will increase their property value but he has a bunch of questions as do many other neighbors. Mr. Mahan stated the Developer reached out to the Hannables but no one else. Peter Lutts Mr. Lutts stated that Mr. Mahan's concerns are a separate issue from what is being determined tonight but he is happy to address Mr. Mahan's concerns. Anthony Grasso, 18 Summit Avenue Mr. Grasso stated that area has been a dump for years and he is happy something will be done with it. Mr. Grasso also stated no one talked to anyone in the neighborhood about this and that they have been dealing with the grading of the rocks from 9am — 4pm all day since June and he is asking the Board to just move it along. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. O'Brien. All in favor. Motion carries. Board Discussion Ms. O'Brien asked the architects to show them where the parking will be. Mr. Ricciarelli stated the parking plans haven't changed and showed the Board. Zoning Board of Appeals September 29, 2015 Page 2 of 7 Mr. Battistelli asked how many bedrooms each unit will have and Ms. Mooradian stated they are all two bedroom units. Attorney White stated there will be two parking spaces per unit. Mr. Battistelli stated the project was originally presented as two 1- bedroom units and two 2- bedroom units and he is concerned about density. Ms. Gougian stated the new plans are an improvement and are much more visually pleasing and will be a positive addition to the neighborhood. Ms. Caldwell stated in the Minutes from the August 2014 meeting when the Variance was originally granted, Attorney Alexander stated there would be two 1- bedroom units and two 2- bedroom units which may have colored the Board's decision. Ms. Caldwell asked what the square footage of the units will be and the Mr. Ricciarelli responded each unit will be approximately 1,000 square feet. Mr. Levasseur stated the square footage and the building footprint have already been approved and so he doesn't think it's up to the Board to determine how many bedrooms each unit can be. Ms. O'Brien and Mr. Levasseur each stated they view this request as a minor modification. Ms. Caldwell agreed. Mr. Levasseur asked for confirmation that the modification they are voting on has nothing to do with how many bedrooms each unit will be and they are only voting on the revised exterior plans submitted. MOTION: Ms. O'Brien moved to approve the minor modification of the exterior modifications, subject to the plans submitted. Second by Mr. Levasseur. Votes 4 -1 (Ms. Caldwell, Ms. Gougian, Mr. Levasseur, Ms. O'Brien) Abstain Mr. Margolis Opposed Mr. Battistelli Motion carries. B. NEW HEARINGS Charles and Rebecca Varnes In a petition for a request for a Special Permit to add a second story addition to the existing one story single family dwelling, with a front setback of 15.1' instead of the required 20'. The property is located at 4 Parsons Drive in R -6 zoning district. Rebecca Varnes addressed the Board and stated she is looking to construct a second story addition to the existing home. It will go straight up in the front and sides with a 2' overhang in the back. The front setback will be 15.1' instead of the required 20'. The second story addition creates a nonconforming structure and so they are looking for a Special Permit. There was no public participation. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. All in favor. Motion carries Zoning Board of Appeals September 29, 2015 Page 3 of 7 Board Discussion Ms. O'Brien stated she doesn't see any problems with the Plans and the neighbors have signed off. Mr. Margolis agreed. Ms. Gougian stated that will be one of the first homes in the neighborhood that has a full second story. MOTION: Ms. Caldwell moved to grant the Special Permit, subject to the plans submitted. Second by David Battistelli. Votes 5 -0 (Mr. Margolis, Mr. Battistelli, Ms. Caldwell, Ms. Gougian, Mr. Levasseur) Motion carries. Nicholas and Elizabeth Ellor In a petition for a request for a Special Permit to construct an addition to rear of non- conforming house. Addition will meet all required setbacks. The property is located at 237 Lothrop Street in R -10 zoning district. Elizabeth Ellor addressed the Board and stated they are looking to build an addition with an attached garage. Ms. Ellor distributed handouts to the Board from eleven of their neighbors in favor of their project. The photos show a Dutch colonial, small garage and carport on the property. The garage and the carport are in bad condition. Both the house and the existing garage are nonconforming due to the required setbacks. This addition will make their property more in compliance. The removal of the existing garage and carport will keep with the feel of the neighborhood. There was no public participation. Mr. Margolis asked if they were planning on removing trees and Ms. Ellor stated a large tree has already been removed. Mr. Battistelli stated he cannot believe they sold the house to the Ellors with the garage in that condition. Ms. Gougian asked for clarification as to why this is a Variance request instead of a Special Permit request and Ms. Caldwell stated it is a preexisting nonconforming structure. MOTION: Mr. Battistelli moved to close the public hearing. Second by Mr. Levasseur. All in favor. Motion carries. MOTION: Ms. Caldwell moved to grant the Special Permit based upon the application, materials and information provided, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Mr. Margolis, Mr. Battistelli, Ms. Caldwell, Ms. Gougian, Mr. Levasseur) Motion carries. Zoning Board of Appeals September 29, 2015 Page 4 of 7 Stephen and Kathleen Archer In a petition for a request for a Special Permit and Finding to allow change of use from a private, charitable fraternal organization or lodge to multi - family (four dwelling units) and alteration of an existing non - conforming structure without creation of new encroachments. The property is located at 20 Washington Street in R -6 zoning district. Mr. Margolis recused himself from this hearing based on his affiliation with the owner. Ms. Caldwell is the Chairperson. Miranda Gooding, Esq. of Glovsky & Glovsky Attorney Gooding addressed the Board and stated the Petitioners are requesting authorization to alter the existing non conforming use and also alter the existing non conforming building itself. Attorney Gooding reviewed the Plans. The existing structure takes up a huge portion of the property which is approximately 17,000 square feet. They are looking to create four condominium units within the church structure with 8 garage spaces. All the changes to the buildings will occur within the existing footprint. All of the existing setbacks will remain the same. The height of the building exceeds the maximum by about 10'. The rear set back requirement is 20' and both the existing and the proposed is 12'1 and 12' 2" respectively. The left side yard set back is 10' and the existing is 5'9" and will increase to 6'8 ". The front set back is 20' and will remain unchanged. Atty. Gooding distributed interior plans to the Board. The Petitioners are requesting to authorize a new non conforming use to allow a four unit multi- family where a two family is normally allowed. The new use will be less disruptive to the neighborhood than the former nonconforming use. Steve Archer addressed the Board and stated their proposal as the use for the property is appropriate due to the large size and it's consistent with multi - families in the neighborhood. Mr. Archer applied for a demo permit with the Historical Commission and the property was deemed historically significant but did not need to be preserved. There was no public participation. The renovations will involve removing the existing facade that currently covers windows. They don't know specifics until the work on the building is underway and so they are asking for leeway in the decision for those things as long as they don't change the footprint. Ex . window placement. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. O'Brien. All in favor. Motion carries. Board Discussion Mr. Battistelli asked if there were any correspondences in favor and Attorney Gooding providing the Board with a list of signatures. Mr. Battistelli asked if 20 Rear Washington Street has any easements on the property and Mr. Archer stated they do not. Mr. Battistelli asked if the Zoning Board of Appeals September 29, 2015 Page 5 of 7 units will have decks and Mrs. Archer responded they will not and at most, they would have a Juliet style balcony. Ms. Gougian asked if the planned parking area provides enough room for cars to make angle turns into the garages and Ms. Archer responded the architect worked it out and there is plenty of room. Ms. Gougian is concerned about where snow will go and how that will affect the parking. Ms. Caldwell asked for confirmation that these units are being sold as condos and will have a condo association and Ms. Archer confirmed. MOTION: Ms. O'Brien moved to approve the request at 20 Washington Street for a Special Permit as it meets criteria under special permit uses section 38- 28c2(a -f) and that a finding it is not more detrimental to the neighborhood than what has been there previously, subject to the plans to submitted insubstantially. Second by Mr. Battistelli. Votes 5 -0 (Mr. Battistelli, Ms. Caldwell, Ms. Gougian, Mr. Levasseur, Ms. O'Brien) Abstain Mr. Margolis Motion carries. John and Janet Koza In a petition for a request for a Variance to construct a 24' x 24' x 21' (H) two car garage with a right side setback of 21' instead of the required 42'. The property is located at 449 Elliott Street in R -10 zoning district. John Koza addressed the Board and stated they are seeking a Variance to build a garage higher than what would normally meet the setbacks in R6. The proposed garage has a loft with a square footage of about half of the proposed garage. They have the support of their immediate abutters. The 2 -car garage is the standard 24' square. They would like the loft because it will harmonize the pitch of the proposed roof with the pitch of the roof of the existing structure. There was no public participation. Ms. Gougian asked if there will be any utilities in the garage and Mr. Koza responded just electricity for the electric garage opener. Mr. Margolis asked what the hardship is that is required for a Variance and Ms. Koza responded it will house her looming wheels. Mr. Margolis explained that a hardship needs to relate to the lot size or shape, etc. Mr. Koza responded the lot is long and narrow and there isn't anywhere else to place the structure. Ms. Caldwell asked for what the position of the garage is and how that fits in with the setbacks. Mr. Koza stated there is no where to put 42' on either side of the proposed garage as required by the higher garage. Mr. Koza stated there is a hill on their property preventing them from building a structure longer than the 24'. Zoning Board of Appeals September 29, 2015 Page 6 of 7 MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. All in favor. Motion carries. MOTION: Mr. Levasseur moved to approve the Variance to construct a 24' x 24' x 21'(H) garage with a rear set back of 21' due to the hardship of the shape of the Lot and the topography, subject to the plans submitted. Second by Ms. Caldwell. Votes 5 -0 (Mr. Battistelli, Ms. Caldwell, Ms. Gougian, Mr. Levasseur, Ms. O'Brien) Motion carries. II. OTHER BUSINESS MOTION: Mr. Battistelli moved to approve the meeting minutes from August 25, 2015. Second by Ms. Caldwell. All in favor. Motion carries. Calendar Mr. Battistelli would like to schedule the May 2016 ZBA meeting for the Tuesday before Memorial Day. Mr. Margolis moved to adjourn the meeting at 8:48 pm. All in favor. Zoning Board of Appeals September 29, 2015 Page 7 of 7