2015-11-25 (2)City 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.
L CONTINUED 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.
IL NEW PUBLIC HEARINGS
A. 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.
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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.
B. 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
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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.
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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.
C. 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
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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.
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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.
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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.
III. 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.
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