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ZBA Minutes 4 26 2016City of Beverly Zoning Board of Appeals April 26, 2016 at 7pm 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, Victoria Burke Caldwell, Jim Levasseur, Pamela Gougian, David Battistelli, Kevin Andrews, alt. Members Absent: Margaret O'Brien, Alt. Others Present: Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3 rd Floor, Councilors Chambers Ms. Margolis called the meeting to order at 7:02pm. I. CONTINUED PUBLIC HEARINGS A. Beverly Commerce Park, LLP In a petition for a request for a Special Permit to move existing/previously approved exterior tenant wall sign from its current location above the third floor windows to a new location above the sixth floor windows on the same (north) side of the building. The property is located at 181 Elliot Street in the IG zoning district. Steve Drohosky, General Manager of Cummings Center addressed the Board and distributed a photo of the proposed sign location to the Board. The applicant is requesting to relocate the previously approved Special Permit sign in September 2012. The Northwest parking garage was completed a year after the Special Permit was granted and since then the sign is not visible from anywhere except from when you are walking out of the parking garage and so they would like to relocate the sign up to the 6 th floor of that building. The Design Review Board approved the sign on April 8, 2016 and has submitted a letter of recommendation. Martin Scrivener, 43 Balch Street Mr. Scrivener stated he recently moved to 43 Balch Street which is located at the back of the Cummings Center. Mr. Scrivener asked if they would be able to see the new sign from their house and also what time the sign would be turned off. Mr. Drohosky could not answer if they would be able to see it from their location but stated that the sign would be turned off between l 1pm and 12am. MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 ( Levasseur, Battistelli, Gougian, Caldwell, Margolis) Motion carries. Pagel of 8 MOTION: Mr. Battistelli moved to grant the Special Permit to relocate the American Renal sign to the 6th floor of Building 500 as previously approved by the Design Review Board and based on the Findings of the existing Special Permit from 2012. Second by Ms. Gougian. Votes 4 -1 (Levasseur, Battistelli, Gougian, Caldwell) Opposed Mr. Margolis Motion carries. B. Thomas Alexander on behalf of Mary Sue Kilpatrick In a petition for a request for a Variance to divide an irregularly shaped lot having the 2 addresses of 114 Valley Street and 9 Hemlock Street into 2 separate Lots. The 114 Valley Street Lot having an existing house and garage on it would have 66.34' of frontage and 8,606 sq. ft. of area and the 9 Hemlock Street Lot would have 100' of frontage and 9,000 sq. ft. of area where 100' of frontage and 10,000 sq. ft of area are required. The property is located at 114 Valley Street and 9 Hemlock Street in the R -10 zoning district. The members discussed reopening the public hearing so the Board members would be able to ask the attorneys questions but decided to discuss the matter amongst themselves. Mr. Andrews stated he conducted a site visit and stated it is an oddly shaped Lot but that it didn't look inaccessible from the other property. Mr. Margolis stated he also conducted a site visit and he could no way envision a 4,000 square foot house on that Lot. Mr. Levasseur agreed with Mr. Margolis. Mr. Battistelli stated it would be a detriment to the neighborhood if a house is put there, it will affect property values and will cause more drainage issues. Mr. Battistelli was not convinced the proposed drainage plan would be sufficient. Ms. Caldwell discussed with Mr. Frederickson whether or not the owner could go to the Planning Board to subdivide the Lot and then come back to the ZBA for a Variance. The Board discussed the merging of the Lots. Mr. Margolis asked the if they would be more likely to permit the Variance if the proposed house was smaller. Ms. Caldwell agreed, Mr. Battistelli was unsure. Atty. Alexander requested to withdraw without prejudice. Atty. Delory objected to that request and stated if the Applicant withdraws that it be done with prejudice. Atty. Delory stated the merger issue will still be in question regardless of the size of the house. MOTION: Ms. Caldwell moved to permit the request to withdraw without prejudice. Second by Mr. Andrews. Votes 5 -0 (Margolis, Caldwell, Levasseur, Battistelli, Andrews) Motion carries. IL NEW PUBLIC HEARINGS A. Dana and Genna Valeri In a petition for a request for a Finding and a Variance to build a second level addition and a farmers porch on their existing nonconforming home. Second floor has side setback of 7' where 15' is required. Porch is to have front setback of 16' where 20' is required. The property is located at 36 Northern Avenue in the R10 zoning district. Page 2 of 8 Dana Valeri addressed the Board and stated they are requesting approval to build a second level addition and a farmer's porch with a set back of 16' instead of the required 20'. They have taken into consideration the neighborhood when designing the farmer's porch and it is actually further back onto the property than the stairs that are there now. The addition would be built within the existing footprint, there is no new foundation. The existing home is less than 900 square feet and so this addition would double their living space. They have a 2 year old child and a newborn and so they are just looking to increase their living space and stay in the neighborhood. Mr. Valeri stated they are requesting an additional 1 1 /2' for the farmer's porch from the last time they came before the Board. No public participation. Mr. Levasseur asked whether the design is the same as when Mr. Valeri came before the Board previously and Mr. Valeri confirmed and stated with the exception of the additional foot and a half for the farmer's porch. Mr. Battistelli asked why the abutter at 34 Northern Avenue didn't sign off in favor and Mr. Valeri explained they weren't home the day he went around for signatures. Ms. Gougian asked if the Special Permit applied specifically to the addition and Mr. Valeri confirmed. Mr. Valeri stated they are requesting the Variance because they have an existing nonconforming house and so with the farmer's porch they would have 4' less than the required 20' of frontage. Mr. Battistelli asked what the reason was for the farmer's porch increase and Mr. Valeri explained it is to make it useable. MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Gougian) Motion carries. MOTION: Ms. Caldwell moved to grant the Variance on the basis of the original decision with the exception that there be an increase of 1 /z' on the farmer's porch design. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Gougian) Motion carries. MOTION: Ms. Caldwell moved to grant the Special Permit for the second story addition based upon the Finding set forth in the earlier Decision and submissions made by the petitioner today. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Gougian) Motion carries. B. Greg Dennesen In a petition for a request for a Variance to construct an 11'x16' single level addition to a single family home. Existing house and addition have a left side set back of 5'9" instead of the required 15'. The property is located at 24 Gregg Street in the R10 zoning district. Mr. Dennesen addressed the Board to request a Variance to construct a family room addition. Mr. Margolis asked the Petitioner to address the hardship and Mr. Dennesen stated they can't.put the family room on the right side of the house because that is where the kitchen is, it's a nonconforming Lot. Mr. Dennesen stated the family room would be the length and width of the existing deck. Page 3 of 8 No public participation. Mr. Battistelli asked for more information on their hardship. Mr. Dennesen stated they have a 18mth old child and will be expanding their family. Mr. Dennesen stated he has lived in Beverly his whole life and they are looking to stay in Beverly so they are looking for more living space. Ms. Gougian reviewed the hardships associated with a Variance. Mr. Dennesen stated the Lot is narrow and there is no where else to put the family room addition. Mr. Gougian asked if there is a shared driveway and Mr. Dennesen explained there is one paved driveway but it is divided by a fence. Mr. Battistelli stated he agrees with the applicant that there is nowhere else on this Lot to put the addition and it would not be detrimental to the neighborhood. MOTION: Mr. Andrews moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Andrews, Gougian, Battistelli, Margolis, Caldwell) Motion carries. MOTION: Mr. Andrews moved to grant the Variance at 24 Gregg Street based on the plans provided for a 16'x11' addition off the back of the house keeping with the currently nonconforming setback as shown on the Plan due to the non conforming narrow lot creating a hardship restricting the location options to put an addition. Second by Mr. Battistelli. Votes 5 -0 (Andrews, Gougian, Battistelli, Margolis, Caldwell) Motion carries. C. Peter Macaro In a petition for a request for a Variance to construct a 14'x24' detached single -car garage with a height of 16'4" within the side yard setback, 3' from the side Lot line. The property is located at 20 Albany Circle in the R10 zoning district. Bob Griffin from Griffin Engineering addressed the Board on behalf of the applicant. Mr. Griffin provided letters from abutters in support of this project. Mr. Griffin stated the Lot is narrow, it is only 80' wide and with the house on the lot that only leaves 20' on either side to construct a garage. The applicant is requesting relief from the side setbacks and also for the height of the garage so there may be storage above where a car would be parked. Jacob Krug, 18 Albany Circle Mr. Kreyling is a direct abutter and stated he is in support of the project as it will enhance both of their properties. Mr. Battistelli asked why the applicant didn't want to have an attached garage and Mr. Griffin stated an attached garage would take up all of the space to access the yard and it doesn't really work well with the layout of the applicant's house. MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. Page 4 of 8 MOTION: Mr. Levasseur moved to approve the Variance at 20 Albany Circle to build a detached one car garage that does not meet the side setback or height requirements due to the size and width of the Lot creating a hardship, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. D. Beverly Commerce Park, LLP In a petition for a request for a Variance to from Beverly Zoning Ordinance Section 38- 19(D)6 to reduce the rear yard setback for the Elliot Landing condominium building at Cummings Center, from 25' to 0'. The new lot is required to set off the new condominium building from Cummings Center. Although Elliott Landing and West Parking Garage will be attached on three different parking levels, lot separation will be created between the two buildings, thus requiring the requested Variance. The property is located at 201 Elliott Street in the 1R Overlay zoning district. Stephen Drohosky, General Manager of Cummings Center stated they are requesting a 0' setback requirement. No public participation. Mr. Margolis asked about residents having access to parking and whether they would have deeded parking and Mr. Drohosky stated they would be provided two spaces per unit, one inside the garage and one on the outside Lot next to the building. There will be specified spaces in the garage but not assigned. Ms. Gougian asked if the layout is the same as the hotel in terms of where the setbacks were going to be and Mr. Drohosky explained the footprint was expanded a bit in certain spaces which was approved by the Planning Board. Mr. Battistelli stated he would like to condition the Variance to ensure the condo owners always have a free parking space in the garage. Mr. Drohosky stated that he thought that was beyond the scope of the Variance request. Mr. Drohosky stated all of Cummings Center is IG which has a 0' setback requirement and there is no neighbor that is prejudiced by what they are requesting. Ms. Caldwell asked for confirmation that if the Variance is not granted then the 73 unit owners would have rights to the 25' of land being requested to be reduced to a 0' setback. Mr. Drohosky confirmed. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. All in favor. Votes 5 -0 (Margolis, Gougian, Levasseur, Caldwell, Battistelli) Motion carries. MOTION: Mr. Levasseur moved to approve the Variance to alter the required setback from 25' to 0' for the land at 181 Cummings Center between the condominiums and the parking garage, the hardship is the shape and orientation of the buildings on the Lot. Second by Ms. Gougian. Votes 5 -0 (Margolis, Gougian, Levasseur, Caldwell, Battistelli) Motion carries. Page 5 of 8 E. The Beverly Auto Center In a petition for a request for a Special Permit and Variance to add an L- shaped addition 10' x 18' and 16'x 14' to the north side of the existing structure 2'5" from the side lot line instead of the required 20' and a front setback of 25'4" instead of the required 30'. The property is located at 129 Brimbal Avenue in the 1R zoning district. John Michaud addressed the Board on behalf of the applicant and stated he is requesting an extension for the approved Variance that expired July 22, 2015 and is also requesting an extension for the issued Special Permit which will expire July 22, 2016. They were both approved on July 22, 2014. The Variance expired due to financial issues related to business slowing while work was being on Brimbal Avenue. The Applicant also had health issues and didn't realize the Variance was for only one year. Ernest Santin, 129 Brimbal Avenue Mr. Santin stated the proposed plans are encroaching onto his property and he believes the applicant is planning to put a used car lot. There are already a lot of unregistered cars on that site. Mr. Michaud stated the Variance and Special Permit were already approved and the expansion is to run his business more efficiently. The applicant currently has 3 stalls and he would like to add and additional stall and also a place for storage. The additional stall will create a faster turnover and cars will not be occupying the site for as long as they do now. The previously issued Variance permits him to have 5 cars for sale on the Lot. Mr. Margolis stated he went by the site the day before and there were a lot of cars there and he stated he feels the site is being overused. Mr. Frederickson stated he hasn't heard any complaints from abutters and all they need to do is call the Building Department with their concerns. Ms. Gougian stated she agrees that there are a substantial amount of cars there all the time. The applicant explained that many people drop cars of for oil changes and other services and usually pick their cars up at 5:30pm. Mr. Margolis stated they want him to abide by the conditions set forth in the Variance which allows for 8 overnight vehicles, 5 for sale and 1 for an employee. Mr. Santin stated there are about 20 cars on the lot and also a bunch of cars behind a fenced in area that have not moved in a year. The members discussed parking limits and putting conditions on the Variance. Mr. Frederickson stated right now he isn't violating anything since the Variance in place expired. A Variance will help to control the situation by giving the building department guidelines to enforce. The members discussed having the Applicant clean up the Lot and continuing the hearing to the next meeting. The members discussed conditions to be imposed. Mr. Margolis is requesting that Conservation be contacted to have a look at the property where the cars have been parked behind the property to make sure there are no contamination issues. Mr. Frederickson confirmed and stated that he would contact Conservation. Page 6 of 8 The Applicant requested to continue to the next meeting. The Board members are not in favor of permitting a continuance. Mr. Margolis stated he would like to issue a Variance with conditions to prevent the Applicant from continuing things the way they have been. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Andrews. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries MOTION: Ms. Caldwell moved to grant the Variance with the following conditions: (1) a 125.03' solid 6' stockade fence will be installed along the back of the property prior to a building permit being issued; (2) cars on the lot shall be limited to the 14 lined spaces as designated on the Plan labeled "B" that was submitted with the application; (3) the cars currently located behind the property in the fenced area need to be removed prior to installing the fence, in accordance with the Findings of the previous Decision date stamped August 5, 2014. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries MOTION: Ms. Caldwell moved to extend the Special Permit one additional year. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. Daniel and Lisa Carnevale In a petition for a request for a Variance to allow for an addition accommodating an attached single car garage with a bedroom above and an attached deck which is 16.8' at its closest point from the front lot line for the garage with bedroom above and 8.2' from the front line for the deck where 30' is required. The property is located at 116 West Street in the R45 zoning district. Atty. Alexander requested a continuance to the May 24, 2016 meeting to give the applicants time to meet with abutters to address their concerns and come to a resolution. MOTION: Ms. Caldwell moved to continue the hearing for 116 West Street to the scheduled May 24, 2016 meeting. Second by Ms. Gougian. Votes 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Gougian.) Motion carries. The Learning Zone Child Care Center In a petition for a request for a Special Permit to install an internally illuminated wall sign to identify a new tenant, daycare facility in Suite 171 -X. The property is located at 600 Cummings Center in the IG zoning district. Stephen Drohosky, General Manager of Cummings Center and Carol Fournier of Fast Signs addressed the Board. Ms. Fournier is proposing to put an internally illuminated sign on the second story of 600 Cummings Center that will face the 800 Building and will not be visible outside the Cummings Center complex. Page 7 of 8 Martin Scrivener, 43 Balch Street Mr. Scrivener asked which direction the sign would be facing. Mr. Battistelli asked what time the sign light will be turned off at night and Mr. Drohosky stated the same as the other lights between 1 1pm and 12am. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. MOTION: Ms. Caldwell moved to grant the Special Permit for the Learning Zone Child Care Center as approved by the Design Review Board. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. III. OTHER BUSINESS MINUTES MOTION: Mr. Andrews moved to approve the Minutes from the March 29, 2016 meeting. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Levasseur, Andrews) Motion carries. ADJOURNMENT MOTION: Mr. Battistelliļæ½moved adjourn the meeting at 9:53 pm. Second by Mr. Levasseur. All in favor. Page 8 of 8