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2015-11-25City of Beverly Zoning Board of Appeals November 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: Steven Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3 d Floor, Room B Mr. Margolis began the meeting at 7:02pm and introduced the Board members. I. NEW PUBLIC HEARINGS A. Stephen Drohosky on behalf of Cummings Property, LLC. In a petition for a request for a Special Permit to construct a four story subsidized elderly housing building within a mixed use campus pursuant to Beverly Zoning ordinance Section 38- 20(c)(1). The property is located at 201 Elliot Street (Cummings Property) in 1R zoning district. The petitioner requested a continuation of this hearing to the next scheduled meeting on January 26, 2016. MOTION: Mr. Battistelli moved to approve the request to continue to the next scheduled meeting on January 26, 2016. Second by Mr. Levasseur. Votes 5 -0 Motion carries. Mr. Margolis read a brief memo to the public regarding the procedure following a Variance or Special Permit approval. B. Jamieson and Mandy Polisky In a petition for a request for a Special Permit to construct an addition to the left side of non- conforming house. Addition will meet all required setbacks. The property is located at 72 Hillside Avenue in R -10 zoning district. Page 1 of 7 Mr. and Mrs. Polisky addressed the Board and stated they are requesting to build a single story family room 25' x 16' on their nonconforming house. The addition itself will be within all the required setbacks. Public Participation Michael Bokind, 83 Bridge Street Mr. Bokind stated he is a direct abutter and he is in favor of the proposed addition. Board Discussion Mr. Battistelli stated the addition does not make the property any more nonconforming, it will add value to their property which will be a benefit to the neighborhood. Ms. Caldwell asked for clarification that the front setback is the nonconformity. MOTION: Ms. Caldwell moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 Motion carries. MOTION: Mr. Levasseur moved to approve the Special Permit at 72 Hillside Avenue to build a one story room addition, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 Motion carries. C. Ellen Goldstein In a petition for a request for a Variance to construct a barn in compliance with required setbacks with a height of 22'1" instead of the maximum allowed 15'. The property is located at 137 Lothrop Street in R -10 zoning district. Ellen Goldstein and Michael Martin addressed the Board and stated they would like to replace a small garage that is coming apart due to the shallow roof and past heavy snow loads. The proposed garage would be one -story with a gambrel roof. Mr. Martin stated there is a huge maple tree that they do not want to remove. Mr. Margolis asked Mr. Martin to describe their hardship. Mr. Martin stated it would be much more costly to build it in the same location due to the maple tree removal. Public Participation Dean Martino, 141 Lothrop Street Mr. Martino stated he opposes the height and presentation of this proposed garage due to the fact that it will significantly change their view of Dane Street Beach as well as the airflow. Their property is on the corner of Lothrop Street and Hale Street and they currently enjoy a beautiful breeze and year round ocean view from their first floor. Their property value will decrease. Mr. Martino stated he questions the use of the property as well as the proposed garage. Ms. Goldstein and Mr. Martin originally approached Page 2 of 7 the Martino's and stated they wanted to build a garage with additional living space overhead so they can use as B &B. Laurie Bertram, 141 Lothrop Street Ms. Bertram stated she has resided in that house for 55 years. They do enjoy an ocean view and a lovely breeze which she is afraid will be affected. She is also concerned about the use for which the applicant will use the garage space. There are random people coming and going, different families and dogs coming and going. Parking is also being taken over in an area that is already busy due to the beach. Ms. Bertram doesn't know if they are using the land for agricultural purposes and questions if it is zoned for that. Mr. Martin stated on a social media site that he is going to put up some plastic flamingos, crucify some dolls and put a really big compost pile on the property line. He also talks about buying multiple tractors to park on the lot and there is one there now. Ms. Bertram stated she agrees that the maple tree is gorgeous and she would hate to see it removed, although they have already removed several pine trees from the property. She is not opposed to the existing garage being replaced as long as it is within the same footprint and of similar height. Gene Fike, 138 Lothrop Street Mr. Fike stated he hadn't had the opportunity to review the plans prior to this hearing. Mr. Fike stated his initial concern is the location of where the building would be built but now he is concerned about the increase in height. He stated he would feel more comfortable if it was a just a replacement of a similar size garage in the same location. Ms. Caldwell read a letter into record received from Shelley and Bob Schmeck, abutters at 140 Lothrop Street opposing the Variance. Adam Condon, 85 Hale St., Unit 3 . Mr. Condon stated him and his wife are concerned about the use of the addition. He has also noticed agricultural equipment in the backyard typically used for multi acre property. He is concerned about the height of the proposed structure and that he feels it will reduce property value of his home as well as some of the neighbors due to their ocean views being affected. He understands the applicant wanting to increase their property value but he doesn't think it should be at the detriment to the neighboring property values. Arthur Athanas, 77 Hale Street Mr. Athanas stated he has no seasonal view, his property faces the cemetery but he has lived in the neighborhood for 30 years. Mr. Athanas is questioning what the real goal for this proposed structure. Gary Marow, 85R. Hale Street Mr. Marow stated his property abuts the proposed structure and so he is in favor of it coming down and being replaced in the same location but they are concerned about the height. Board Discussion Ms. O'Brien stated she can confirm that the Martino's house is the jewel of the neighborhood and property values are diminished when a property loses its ocean view. Page 3 of 7 Mr. Battistelli requested input from Mr. Frederickson as to whether or not the property is zoned for a B &B. Mr. Frederickson stated it's not zoned for that and he'll be sending out a letter. B &Bs are permitted but only with prior ZBA approval. Ms. Goldstein stated their intent is not to have additional B &B space. It is their intention to have a family room where they can host large family dinners. They are not putting in a kitchen, just a bathroom. Mr. Frederickson stated the Plans don't show a bathroom. Ms. Gougian asked for confirmation that the Variance request is because of the height. She asked the applicant what their hardship is. Mr. Martin stated it's the best use of the existing foundation. It would cost more to build a much larger foundation. Ms. Gougian explained what constitutes as a hardship under a Variance and stated she isn't hearing any issues with the shape of the land or the topography. Mr. Margolis stated he has a problem with the height of the proposed structure and also the speculated use of the proposed structure. Ms. Caldwell stated she has a problem with the Variance because of the strong opposition of the neighbors and also that the ordinance limits the granting of relief to the minimum required for reasonable use._ Mr. Margolis asked if the applicant wants to move forward after hearing everything that's been discussed. The Petitioner requested to continue their hearing. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 Motion carries. MOTION: Ms. Caldwell moved to grant the request to continue this hearing to the next scheduled meeting on January 26, 2016. Second by Mr. Levasseur Votes 5 -0 Motion carries. D. Anthony Williams /Sunoco In a petition for a request for a Finding, Special Permit and Variance to allow the replacement of the existing 62'5" by 35'6" gasoline station/convenience store and existing fueling pumps /island with a new 60'4" by 56' gasoline station/convenience store, new fueling pumps /islands and a new 288 square foot storage building that would result in an increase in area of the legal pre- existing use of more than 50% and signage special permits for 2 primary facade signs, 5 canopy signs, 4 window signs and 1 gasoline sign. The property is located at 131 Brimbal Avenue in 1R zoning district. Attorney Alexander addressed the Board and gave a brief background of the property. It is located in an industrial zone and has been a gas station /convenience store for many years. This Use is not out of line with the zone. The Petitioners are looking to tear down and replace what is there to update the facilities and provide new pumps that are more technological advanced. The Page 4 of 7 property was last updated in the 1990s. It will be brought up to current engineering standards. They will improve the esthetics of the property. The Petitioner is requesting a Finding to expand on a nonconforming use. The convenience store is a retail Use that is allowed by Special Permit within that zone. The Petitioner is requesting a Variance to increase the store /gas station by more than 50 %. The current canopy is nonconforming and the replacement and redesign of the canopy will bring the property more into compliance. The property owner has already been before the Conservation Commission and they support this project due to the significant environmental upgrades. There are wetlands located behind the property in which a vernal pool was found. The environmental upgrades will help improve the environment for the vernal pool. In addition to improving this project environmentally, the new layout will improve the traffic flow through the Lot due to the building being moved back. The safety of the parking spaces will also be improved. The overall end result will be a significant improvement of the property. From a Variance perspective, there are significant issues, one being the soil conditions. The soil conditions dramatically affect this site, the wetlands need to be improved. The shape of the Lot is an odd triangular shaped. The existing structure is noncompliant due to the canopy. The signage will keep with the scale allowed by Special Permit and it will be in harmony with the general intent of the Zoning Ordinance. It's an appropriate location due to it being in an industrial zone. It's been a gas station for more than 50 years. It will not adversely affect the neighborhood. Steven Harrison, Bergmann Associates Mr. Harrison provided a more detailed presentation on the environmental aspects of the project. Mr. Harrison stated they went through a series of meetings with the Conservation Commission. They found a vernal pool within the wetlands. They will remove some invasive species found in the wetland area. The noninvasive trees that are to be removed will be cut down and placed in the vernal pool to help the salamander environment thrive. Several canopy trees will also be planted to help the wetland not dry out. They will also completely clean up the trash found on the site. They will be installing underground treatment retention systems to capture any runoff from the pumps and it will be treated before it goes in to the basin. A maintenance plan will be put into place. The traffic flow will be improved on by moving both the building and the canopy back which will widen the area so trucks can get in, fill the tanks and leave. This will help alleviate traffic. Parking will be right upfront instead of off to the side where it is now. Attorney Alexander introduced Mike Grendal, the Project Engineer for Sunoco and Paul Schneider, Co- counsel and Regional Representative for Sunoco and stated they were both present for any questions. Ms. Caldwell asked how much bigger the square footage of the new building is and Attorney Alexander showed on the Plan that the new structure is squarer. Page 5 of 7 Mr. Margolis asked if a 21E is required and Attorney Alexander stated it's not required for construction purposes. Mike Grendal, Project Engineer for Sunoco Mr. Grendal stated the tanks are tested on a regular basis. Piping will be all brand new and can determine if there is a leak at a dispenser or in the piping. The three existing tanks will be used and a diesel tank will be added. Ms. O'Brien stated Brimbal Avenue is being more defined due to all the construction so it's probably good to move everything back so you can see where the property lines and streets are. Attorney Alexander agreed. Mr. Margolis asked if there will be a sidewalk with curbing and Attorney Alexander confirmed. Ms. O'Brien asked if they had gotten approve from the Design Review Board regarding the signage and Attorney Alexander stated it has been past procedure to go before the ZBA first. Mr. Battistelli asked if it was a twenty -four operation and Attorney Alexander confirmed. Attorney Alexander stated they will go before the Design Review Board prior to the next ZBA meeting in January. He is requesting to continue the Special Permit piece of this Petition relating to the signage (and lighting) until after they can meet with the Design Review Board. Ms. Gougian asked Mr. Grendal what the height difference will be of the new canopy and he responded it may increase by 6 ". Mr. Grendal further explained the updated signage. MOTION: Ms. Caldwell moved to close the public hearing with the exception of the signage. Second by Mr. Battistelli. Votes 5 -0 Motion carries. MOTION: Ms. Caldwell moved to continue the hearing with respect to the signage until after the Petitioner goes before the Design Review Board. Second by Mr. Battistelli. Votes 5 -0 Motion carries. MOTION: Ms. Caldwell move to grant the request for a Finding that the proposed new structures and fueling pumps are no more detrimental to the neighborhood than what was previously in existence and a Variance to construct a 60' 4" x 56' gasoline station/convenience store building replacing an existing 62.5' by 35.6' pre- existing gas station/convenience store and existing fueling pumps islands with new fueling pumps /islands, new fueling area canopy and a new 288 sq. foot storage building, and also to grant the request for a_Special Permit allowing retail use at the site, all subject to the Plans submitted, except for the signage. Second by Mr. Battistelli. Votes 5 -0 Motion carries. Page 6 of 7 MOTION: Mr. Battistelli moved to grant the request to continue the petition to the scheduled meeting on January 26, 2016 regarding the signage after the Applicant meets with the Design Review Board. Second by Ms. Caldwell. Votes: 5 -0 Motion carries. II. OTHER BUSINESS A. Minutes: MOTION: Ms. O'Brien moved to approve the Minutes from October 27, 2015. Second by Mr. Levasseur. Votes 5 -0 Motion carries. The next meeting is scheduled for Thursday, January 26, 2016. Mr. Battistelli moved to adjourn the meeting at 8:30pm. Second by Mr. Levasseur. All in favor. Page 7 of 7