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ZBA Minutes 10-25-16` City of Beverly Zoning Board of Appeals October 25, 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; Jim Levasseur; Pamela Gougian; Victoria Burke - Caldwell David Battistelli; Margaret O'Brien Absent: Kevin Andrews Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3` Floor, Councilor's Chambers Joel Margolis, Chairperson called the meeting to order at 7:00pm. I. CONTINUED PUBLIC HEARINGS A. Glovsky && Glovsky on behalf of Vitality Senior Living LLC In a petition for a request for a Special Permit to authorize an assisted living residential development which meets the requirements for "subsidized elderly housing" in accordance with Section 300- 42.C(1)(a) of the Zoning Ordinance. The assisted living facility will include 118 residential suites, together with associated common dining, learning and recreational facilities and a parking garage. The property is located at 50 Dunham Road in the IR zoning district. Michael Doucette, Esq., Glovsky & Glovsky addressed the Board on behalf of the applicant and stated the applicant needs additional time to address housing compliance issues. The applicant will also now be seeking a Variance and so they are requesting another Legal Notice be published. They would like to continue this hearing to the November 29, 2016 meeting. MOTION: Ms. Caldwell moved to approve the request to continue the application for a Special Permit to the November 29, 2016 meeting, subject to signing of the Waiver Agreement. Second by Mr. Battistelli. " votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. Page 1 of 9 B. 586 Hale Street LLC In a petition for a Variance to allow the addition of 2 townhouses style residential units to the rear of the existing post office at 64 Thissell Street and the demolition and replacement of an existing two family at 582 Hale Street with 3 townhouse style residential units. The buildings at 582 Hale Street will be set back 8 feet from the front line, 6.9 feet from one side line and 4.3 feet from the other side line. The properties are located at 582 Hale Street and 64 Thissell Street in the CN zoning district. Thomas Alexander, Esq., Alexander & Femino stated the neighbors had design concerns and so the applicant is currently awaiting redesign plans from the architect. The neighbors who have provided email addresses were notified that they are requesting to continue the hearing to the November 29, 2016 meeting. MOTION Mr. Battistelli moved to approve the request to continue the hearing to the November 29, 2016 meeting, subject to signing the Waiver Agreement. Second by Mr. Levasseur. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. Milissa Oraibi, owner of Prides Crossing Confections at 590 Hale Street stated none of the neighbors had received an email or any other correspondence from Attorney Alexander or the applicant. II. EXTENSION REQUEST A. 131 Brimbal Avenue Thomas Alexander, Esq., Alexander & Femino addressed the Board and stated the Variance was granted a year ago and the Decision was filed with the City Clerk's office on December 1, 2015. The statute provides the opportunity to request a six month extension. The applicant would like to extend the Variance beginning December 1, 2015 until May 31, 2016. MOTION: Mr. Levasseur moved to grant the request to extend the Variance for six months beginning December 1, 2016 until May 31, 2016. Second by Mr. Battistelli. " votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. III. NEW PUBLIC HEARINGS A. Gibraltar Pools Corp. on behalf of Mark and Bethany Cucinelli In a petition for a request for a Variance to build an above ground pool partially within the 10' set back. The property is located at 11 Clifton Avenue in the R10 zoning district. Jay de Bernado, Gibraltar Pools, addressed the Board on behalf of the applicants and stated the owners are seeking relief from a required 10'side set back to install an above ground pool which Page 2 of 9 would be located 6' from the lot line. An existing garage, that predates the current owners restricts where they could put a pool. No members of the public spoke in favor or in opposition. Ms. O'Brien asked if the pool will have a deck surrounding it and Mr. de Bernardo stated that it would have a small two foot deck. Mr. Margolis asked Mr. Frederickson for clarification on where they measure the set back from. Mr. Frederickson stated that the ordinance doesn't specify, it just says you can have up to a 10' deck without any set back requirement and so they typically measure from the waters edge. Mr. Battistelli asked if the deck would have chairs on it and high it will be. Mr. de Bernardo stated it will be four feet high and it won't have any chairs on it. There is already a fence separating the lots. Ms. Gougian asked if they spoke with the direct abutter behind them and Mr. de Bernardo confirmed. Ms. Gougian asked how big the pool will be. Mr. de Bernardo stated the pool will be 12'x 20'. It will be custom colored to match the house and it won't be visible from the street. Ms. Gougian asked how it would be drained and Mr. de Bernardo stated if it had to be drained, a hose would be run out to the street. Mr. Margolis asked if it will be constructed before winter and Mr. de Bernardo confirmed. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. MOTION: Mr. Levasseur moved to grant the Variance to install an above ground pool that does not meet the 10' set back, the hardship is the size and shape of the lot and the existing structures on the lot, subject to the plans submitted. Second by Mr. Battistelli; " votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. B. W. Gregory and Hera Senko In a petition for a request for a Variance from constructing 80' of frontage on a parcel of land on the east side of Hillside Avenue, from 36 Hillside Avenue toward Northern Avenue. The parcel has 105' of frontage with 25' of frontage on the paved section and 80' of frontage on the unpaved section. The property is located at 0 Hillside Avenue in the RIO zoning district. Greg Senko addressed the Board and stated he and Mrs. Senko have owned Parcel B since 1973 and it meets all R10 criteria. Mr. Senko stated that he met with the Project Review Team, the Building Inspector, the Fire Department and with Darlene Wynne, Assistant Planning Director and Mr. Senko stated they do not had any objections. The memo from Ms. Wynne, dated October 12, 2016 has been attached to these Minutes as Exhibit A. Page 3 of 9 Public participation Tom O'Brien, 44 Eastern Avenue Mr. O'Brien has a petition with 25 signatures from all the abutters he could reach in the last 10 days and they all oppose to this Variance and construction on that site. Each person has a different reason for being here and they would all like to address their concerns. After conversations in the neighborhood there doesn't appear to be anyone who is in favor of this project. Mr. O'Brien bought his house and was told the forest (Parcel B) behind his house could never take that forest down. It was part of the reason he bought the house. Mr. O'Brien doesn't know why this process got so far along with the neighbors just hearing about it now. Michael Herman, 43 Eastern Avenue Mr. Herman stated he has owned houses that have had significant flooding issues. He thinks the lot is currently alleviating a lot of flooding and if the land is cleared there will be a lot of flooding issues. Mr. Herman stated he is also concerned about frontage, he doesn't think there is enough room for a fire truck to get in there. This is one of the most densely populated areas in Beverly and when he bought the house he was also told that the lot was non - buildable. He believes property values will be negatively affected. It is also one of the only areas in Ryle Side that wildlife have and he would hate to see that eliminated. Girard Frachette, 18 Northern Avenue Mr. Frachette stated he has owned his property for 18 years and he was also under the impression that this was a non - buildable lot. He already has water issues and had to install a French drain and another water drainage system. Mr. Frachette is concerned there will be blasting since the parcel is all ledge. In 2008 he put an addition on his house and he went to the all the abutters and had a signed petition in favor. He is surprised that they hadn't received notice prior to the mailed notice received. Charles and Beverly Nelson 22 Northern Avenue Ms. Nelson stated they are directly downhill from the property. Many people on their street have put $1,000s into fixing their cellars regarding water issues. The Nelsons are concerned with blasting, their house is over 100 years old and they don't want their house cracking and falling apart. They oppose the project. Arlene Hecker, 47 Eastern Avenue. Ms. Hecker stated she has lived there for 23 years across from where the project would take place and that it is mostly ledge with very little soil. The limited soil is holding a few oak trees that are 100 years old and retaining a lot of water that would end up in her neighbor's basements. Charlene Smith 17 Northern Avenue Ms. Smith stated she is not a direct abutter but she is across the street from the Frachettes and the Nelsons and she also has a 100 year old house with ledge and water issues. Ms. Smith stated she has only been there for 6 years but she has already seen how water can collect. She is also concerned about blasting. Ms. Smith stated she opposes this project and that she doesn't think density in that neighborhood needs to be increased. Mr. Senko stated they bought the property over 50 years ago. The house at 36 Hillside Avenue is a split -entry style home that they have lived in since 1984 and they have just kept the land at 0 Hillside Avenue until they were ready to build a house on that parcel for their daughter. Mr. Senko stated they had the fire department up there and they didn't see any issues. There is only a Page 4 of 9 100' requirement for frontage and they have 105' of frontage. Mr. Senko stated if he is forced to he can extend the road, however the City doesn't want that (due to significant grade change of the hill). In terms of locating a single family on this parcel, it meets the required set backs. The issue of density keeps coming up. They are talking about building a single family home. Mr. Battistelli asked what he plans to do with the ledge and Mr. Senko stated there may have to be slight blasting to get in there, but nothing excessive. Mr. Senko also added that there isn't any wildlife on that site. Mr. Frederickson stated the Variance is to allow him to build the house without extending the street. If Mr. Senko is denied the Variance he can still opt to build the street (with Planning Board approval) and then build the house by right. Ms. O'Brien asked Mr. Frederickson if the Planning Board will consider the flooding issues and discuss with Conservation and Mr. Frederickson stated not if there aren't any wetlands involved. Mr. Senko stated there aren't any 100 year old trees, the lot was cleared 30 years ago. Mr. Senko stated the neighbors want it to stay a dead end street. Ms. Gougian asked Mr. Senko if when he subdivided the lot he knew that he was creating a lot that was not buildable in its current state. Mr. Senko stated his wife's family subdivided the lot, they didn't do it. Hillside Avenue was in terrible condition and it was extended 25' five years ago to add frontage to some properties, work on subsurface utilities and to also added a hydrant. Mr. Margolis asked Mr. Senko what the hardship is and Mr. Senko stated there is a financial hardship because they are facing $50,000 to extend the street and the topography of the property. Mr. Senko stated he doesn't know where his neighbors got the information that the Lot is non- buildable because he could always extend the street, it is the second largest lot on the street. Mr. Frederickson stated if the Variance is denied Mr. Senko can still go before the Planning Board and get a waiver to not have to build the street. Ms. Caldwell is concerned about the universal opposition by the neighbors against this project. Mr. Margolis agreed. Ms. O'Brien also agreed and stated if she were voting, she would be against it. Ms. Caldwell stated the standard for a Variance is very high and it's completely up to the Board's discretion. Ms. Caldwell would like to see this project go before the Planning Board. Mr. Margolis agreed and stated he believes there will be adverse effects to the neighbors and he has a problem with that. Mr. Senko requested to withdraw the application. MOTION: Ms. Caldwell moved to approve the request to withdraw the application for a Variance at 0 Hillside Avenue, without prejudice. Second by Mr. Levasseur. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. Page 5 of 9 C. Glovsky & Glovsky on behalf of John and Suzanne Hol4an In a petition for a request for a Finding to that the proposed alterations to the pre- existing nonconforming single family residence will not be substantially more detrimental to the neighborhood than the existing residence. The property is located at 55 West Street in the R45 zoning district. Michael Doucette, Esq., Glovsky & Glovsky addressed the Board on behalf of the applicant and stated they are seeking a Finding. It is a nonconforming lot with a cape style house on it. There are also two minor dimensional nonconformities. The rear setback is 16.3' where 25' is required and the side set back is 11.3' where 20' is required. The proposed alterations include adding a family room to the rear, enclosing an existing porch to make a mudroom and creating an additional room above the garage. The only nonconformity affected by the alterations is the side set back, which would be reduced to 10.3'. The proposed alterations are keeping with the scale and style of the neighborhood and would not be detrimental to the neighborhood. No members of the public spoke in favor or in opposition. Mr. Battistelli asked if they have anything in writing from the neighbors and Ms. Hogan stated she has an email from the abutters at 6 Haven Way but does not have it with her. Ms. Caldwell read into record the memo from The Health Department regarding sewage disposal. Ms. Hogan stated she pays sewage to the City of Beverly but the bill references the old address of 45 West H. She thinks the Health Department's memo is related to an address issue. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. MOTION: Ms. Caldwell moved the Board the make a Finding that the proposed addition will not be more detrimental to the neighborhood, subject to the plans submitted. Second by Mr. Levasseur. "Yes" Votes: 5 -0 (Caldwell, Margolis, Gougian Battistelli, Levasseur). Motion carries. D. Jacob and Jennifer Snyder In a petition for a request for a Special Permit to build a 48 "06" free standing law office sign in the front yard. The property is located at 75 Dodge Street in the R10 zoning district. Jacob and Jennifer Snyder addressed the Board and stated they have an in -house one room law office and so they would like to build a free standing sign when people will know where they are located. Mr. Snyder stated they are surrounded by signs in their neighborhood, CVS is across from them and Shaws is through their backyard. He doesn't think it will be detrimental to the neighborhood. Page 6 of 9 No members of the public spoke in favor or in opposition. Ms. Gougian asked how high off the ground the sign will be and Mr. Snyder stated its 4' high total. Ms. O'Brien asked if it will affect any visibility and Mr. Snyder stated no he is going to set it back. Mr. Margolis stated the Design Review Board has given the sign a favorable recommendation with the removal of the website as noted. Ms. Caldwell stated she is happy to accept the Design Review Board's recommendation. Mr. Battistelli stated he thinks the sign is a little bigger than it needs to be but he will go along with the Design Review Board's recommendation. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. MOTION: Mr. Levasseur moved to grant the Special Permit at 75 Dodge Street to build a 48'x36' free standing sign based on the Design Review Board's recommendation, subject to the plans submitted. Second by Mr. Margolis. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. IV. OTHER BUSINESS A. Minutes MOTION: Mr. Margolis moved to approve the Minutes from the September 27, 2016 meeting. Second by Mr. Levasseur. "Yes" votes: 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. B. 2017 ZBA Schedule Mr. Margolis asked for confirmation that the Zoning Board of Appeals meetings can be moved from the 4 th Tuesday of each month to the 4 th Thursday of each month and Mr. Frederickson confirmed. Mr. Margolis asked if the Chambers room is available on those nights and L. Harris confirmed. Mr. Margolis will contact Mr. Andrews to inform him of the scheduled change. Mr. Margolis stated they are still looking to add another ZBA member and his preference would be an architect. Page 7 of 9 MOTION: Mr. Levasseur moved to adjourn the meeting at 8:28 pm. Second by Mr. Battistelli. All in favor. Motion carries. The next meeting will be November 29, 2016 at 7pm at City Hall, 191 Cabot Street, Beverly. Page 8 of 9 Mayor Michael P. Cahill Director Aaron Clausen Assistant Planning Director Darlene Wj nne Memorandum CITY of BEVERLY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 191 Cabot Street Beverly, Massachusetts 01915 Phone (978) 921 -6000 Fax (978) 921 -6187 Environmental Planner Amy Maxner Economic Development Planner Denise Deschamps Associate Planner Allison Croshie To: Zoning Board of Appeals From: Darlene Wynne, Assistant Planning Director Date: October 12, 2016 Re: Zoning Board of Appeals Application: 0 Hillside Avenue (Senko) Planning Department staff reviewed the request for a VARIANCE for 0 Hillside Ave submitted by W. Gregory and Helga Senko. I have met with Mr. Senko numerous times in the last few months to discuss this property. Additionally, Mr. Senko came before the City's Project Review Team in September to collect departmental feedback on the potential development of this parcel. Initially, I discussed the status of this lot with Steve Frederickson, Director of Municipal Inspections and Aaron Clausen, Director of Planning, and we determined that the lot is not currently a buildable lot because it does not have sufficient constructed frontage. It is my understanding that the Department of Public Works, which holds responsibility for Hillside Ave as a public way, has no desire to construct the necessary roadway due to the significant grade change and they have indicated this lot has access to the appropriate utilities. According to conversations with the Fire Department, the lot has sufficient access to a hydrant and would not require a turn - around. It was after these meetings and discussions that I recommended to Mr. Senko that the best course of action was to seek a variance from the Zoning Board of Appeals for insufficient actual frontage. For this and the above reasons, the Planning Department supports this variance request. Page 9 of 9