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ZBA Minutes 11 29 2016´┐Żl City of Beverly Zoning Board of Appeals November 29, 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 Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3` Floor, Councilor's Chambers Mr. Margolis called the meeting to order at 7:00 pm. and introduced the members of the Board. I. CONTINUED PUBLIC HEARINGS A. _ Glovsky & Glovsky on behalf of Vitality Senior Living, LLC In a petition for a request for a Special Permit and a Variance to authorize a subsidized elderly housing facility in the IR district, in accordance with Section 300- 42.C(1)(a) of the Zoning Ordinance, where the affordable unit requirement will be satisfied by payment of a fee in lieu of on -site units. 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. *Note: Updated legal ad Miranda Gooding, Esq., of Glovsky & Glovsky addressed the Board on behalf of the applicant and provided a brief overview of the application request and also addressed the additional Variance being requested. The Planning Board has begun site plan review, the Design Review Board provided recommendations, they met with the Conservation Commission and with Engineering. There were changes made to the design of the fagade based on feedback received from the Design Review Board. Attorney Gooding provided the members with the copies of the revised plans. The Applicant is also seeking a Special Permit from the Planning Department to address the reduced parking. They are required to have reserved spaces should the need arise to provide additional spaces. Page 1 of 11 Attorney Gooding stated there appears to be no opposition by any of the neighbors and so they feel it is a good use for this space. It offers a less intense use than other options allowed by right at the location. As outlined in the Variance request they have proposed a payment to the City in lieu of meeting the affordable housing requirement. The applicant, has reached an agreement with the Mayor and the Planning Board. All have agreed on the aggregate number of $692,254.00 payable to the City's affordable housing trust which would be available for the City to use in other affordable housing projects. Mr. Battistelli asked Attorney Gooding if there was any thought in asking for a reduction in the number of units that would be subsidized. Attorney Gooding stated they did discuss this possibility amongst themselves and it just doesn't work. They feel that the payment would have more of a positive impact for the City. Mr. Battistelli asked what the building height is and the Architect stated the overall height is 57 feet. There is no variance required for that height in the IR district. Mr. Margolis asked Attorney Gooding to elaborate on how the payment would be used. Attorney Gooding stated the City has just established an affordable housing trust and Mr. Clausen, Planning Director is working on the details. The City can use the monies for a variety of affordable housing needs in the City. The funds can be used to offset an affordable housing project, renovate an existing affordable housing unit or the City could use the funds to construct their own affordable housing units. Ms. Gougian asked if they have 5 -7 years to pay the $692k and Attorney Gooding confirmed and stated this is a rental project, they aren't receiving a purchase price up front. Ms. Gougian asked how that number was reached and Attorney Gooding clarified and provided the breakdown. Ms. Gougian asked what the monthly rental amount including the meal plan will be and Attorney Gooding stated approximately $7,000 month. There is no upfront fee. No one spoke in favor or in opposition. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Battistelli moved to GRANT the Special Permit to allow the Use as an assisted senior living facility as it is a good use for the property and will not be substantially detrimental to the neighborhood, subject to the plans submitted. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Variance for relief from Section 300 - 42(C)(1)(a) of the Zoning Ordinance and to authorize the payment as outlined in the Planning Director's letter as payment in lieu of the affordable housing requirement. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 2 of 11 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. Attorney Alexander addressed the Board on behalf of the applicant and requested a continuance to the January 26, 2017 meeting. The applicant expects to meet with neighbors in the next couple of weeks to review the redesign plans and obtain feedback. Letters were sent out to the abutters by Attorney Alexander. MOTION Ms. Gougian moved to approve the request to continue the hearing to the January 26, 2017 meeting, subject to signing the Waiver Agreement. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. II. NEW PUBLIC HEARINGS A. Gary Palardy In a petition for a request for a Variance to allow the construction of an attached one car garage and a second floor above with a right side set back of 10.5', where 15' is required. The property is located at 15 Winthrop Avenue in the R10 zoning district. Mr. Palardy addressed the Board and stated he is a long time resident of Beverly. It is an FHA property and will be owner occupied. Mr. Rosario will be moving into the property with his wife and children. They are requesting a Variance to allow the construction of a two story addition that will replace and expand an existing deck with a right side setback of 10.57: The property is long and narrow and has less than the required frontage. All the lots in the neighborhood have a similar configuration but this particular lot has a smaller dwelling and is the smallest house in the neighborhood. The land also has soil conditions that support the wooded vegetation behind the house. They would like to keep the substantially wooded backyard in an otherwise developed neighborhood as removal of the trees would devalue the property. The proposed addition would make the existing dwelling more consistent with other dwellings in the neighborhood. Mr. Palardy has a petition signed by all the abutters in favor of the addition including the abutters across the street and next to the property. The proposed addition will make it more habitable for single family use as it is considerably smaller than other dwellings in the neighborhood. They would like to preserve the existing open space and natural screen between the properties. Ms. Gougian asked if the only reason they are choosing not to build behind the house is the trees and Mr. Palardy confirmed and stated it's really the only property in the neighborhood that has trees. Page 3 of 11 Mr. Battistelli asked what they will do with the current paved driveway and Mr. Palardy stated the existing driveway will be used for additional parking and it will be repaved. No one spoke in favor or in opposition. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Variance at 15 Winthrop Street to construct a two story addition with the hardship being the shape of the lot, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Ed Juralewicz on behalf of Cherry Hill Development LLC In a petition for a request for a Special Permit to install two wall signs larger and higher than allowed by the zoning ordinance and to install one freestanding sign larger than allowed by the zoning ordinance for a building that does not meet the required setback. The property is located at 102 Cherry Hill Drive in the IR zoning district. Mr. Juralewicz addressed the Board and stated he is here on behalf of HighRes Biosolutions. The company is moving to Beverly from Woburn and the new space will be 80,000 sq. ft. It is an $11 M investment in Beverly. The applicant is requesting a Special Permit for two wall signs and a free standing sign. They are requesting 76' sq. ft of signage. Regulations require the signs be below second floor windows and they requesting they be permitted to place the signs above the second floor windows. The front of the building will not have a sign on it. These signs are internally illuminated (face and halo). The colors are mostly dark blue but there is a white light on them. The freestanding sign is not permitted due to the 30' set back. The proposed double -sided sign is 72" x 54 ". The applicant feels the sign is vital due to the entrance being on the backside of the building and not being able to see the parking from the road and so vehicles entering from the Danvers entrance will not know which way to turn in. The sign will be placed as vehicles are coming towards the building. The loading docks are also on that side and it will help to direct the trucks. The building next door is a private academy and they want to ensure vehicles enter into the right driveway. The Design Review Board has approved the signs. Mr. Juralewicz stated the signs are primary identification and do not contain any additional advertising, no additional traffic would be created, they will identify the building and help to direct vehicles, the signs are located within the industrial park, all the signs are illuminated by energy efficient modules and no light will be cast on any adjacent properties. No one spoke in favor or in opposition. Page 4 of 11 MOTION: Mr. Battistelli moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 102 Cherry Hill Drive to install two wall signs and one free standing sign based on the recommendation of the Design Review board, subject to the plans submitted. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. C. ACME Sign Corporation on behalf of Fairweather In a petition for a request for a Special Permit to replace an existing sign with a smaller double sided 5' 2"x4'1 V free standing sign. The property is located at 245 Elliott Street in the R10 zoning district. Brian Brinkers, ACME Sign Corporation addressed the Board on behalf of the applicant and stated they are requesting to replace the existing free standing sign. The applicant has done a national rollout of several hundred locations throughout the United States. The Design Review Board has approved the sign. The proposed sign is 3'8 "x 4'11 ". The existing sign is old and larger than the proposed new sign. Ms. O'Brien asked if the sign will block view of cars coming and going and Mr. Brinlcers stated the sign will be set back 10'. No one spoke in favor or in opposition. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit to approve the replacement of the free standing sign, subject to the plans submitted as approved by the Design Review Board. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries.. D. Rebecca Douglas In a petition for a request for a Special Permit to establish a three bedroom bed & breakfast within a single family home. The property is located at 275 Hale Street in the R45 zoning district. Rebecca Douglas addressed the Board and stated she is requesting a Special Permit to have her family share their home as a small 3 bedroom bed n' breakfast. They've done extensive repairs and updates to maintain the unique character and structure of the home and there is ample parking and a courtyard. The house has a history of providing entertainment and was designed Page 5 of 11 for guests. This proposal will ensure the house is maintained as a single family home and will not interfere with the character of the neighborhood. George Lodge, 239 Hale Street Mr. Lodge addressed the Board and stated as an abutter he strongly disagrees with this proposal. He has a letter requesting the Board to deny this application for a Special Permit signed by several abutters who were present at the meeting. Mr. Lodge stated they are asking the Board to deny this request for a commercial enterprise due to the configuration of the Lot having a small driveway that runs through several other properties. It is not possible for two vehicles to pass without going off the edges of the driveway. If this business were successful, traffic on that path would increase 300 %. It is a historic house and it could attract people from all over. The last thing they want, as neighbors is people going in and out of that driveway. There is no frontage on that Lot and so there is no place for a sign. The mailman, who has been there for decades and still delivers mail to the wrong house as more than one house is recognized as 275 Elliott Street. Counsel has advised them that the deed prohibits any commercial use of the property and that it is restricted to a single family use. This would be a business, with customers in and out and so they are respectfully asking the Board to deny the request. Marshall Handly, Handly & Cox Mr. Handly stated he has been asked to speak on behalf of Henry and George Lodge. An operational commercial use in this zone is not permitted. This Lot has no frontage, it is a nonconforming Lot that is serviced by a half mile long meandering driveway over and through other properties. This use would require attention from the Board of Health. They are proposing a 3- bedroom use so that would potentially be three couples coming and going. The ownership of the beach at the end of Brackenbury Lane is accessible only by the public for fishing, it is not open for public recreation and to invite otherwise, is to inject controversy, conflict and disruption into what is a quietly developed neighborhood. Attorney Handly's stated it is his understanding that Ms. Douglas lives in Gloucester and the ordinance states that a bed n' breakfast has to be owner occupied. Joe Purtell 277 Hale Str eet. Mr. Purtell stated he is a neighbor and an abutter and it doesn't make sense to have transient people coming and going through the neighborhood. Also there is a bed n' breakfast right next door at Endicott College which is perfect for servicing folks who want to enjoy this City's character. William, 275 Hale Street William stated he is resident but not a family member and he is in favor of this request. This house was built, designed and renovated to entertain guests. The paved driveway is lit up by lights controlled by the house. The Douglas's have taken care of the home and maintained its historical integrity. When they tried to sell it two years ago they denied the first offer that came in because they didn't want someone else to come in and change it or bulldoze it. Even when Ms. Douglas isn't at the property she makes sure it's maintained and looks nice. Lyndon Holmes, 34 Brackenbury Lane Mr. Holmes stated he is a recent arrival in the neighborhood and he directly abuts Ms. Douglas's property. Part of the Lot layout has the driveway to Ms. Douglas's house traverse his property in a short segment. Mr. Holmes does not Page 6 of 11 recall what the easement provision in the Deed is and what the liability of 3`d parties crossing over that easement is. Ms. Douglas stated she does understand her neighbor's concerns. The property, however, has been subdivided many times, so the character of the property has changed. The 10 acres behind the property has 4 new homes built on it. Ms. Douglas stated she has exclusive deeded rights to use the private driveway. In terms of the houses having the same address, the other property address is 279 Hale Street as shown on the bills, the owners have chosen to maintain the 275 Hale Street address. There is also a business owned by Mr. Lodge at 277 Hale Street. The private and quiet aspect of the beach has already been comprised due to Endicott College opening a B &B and conference center. Some of the abutters do not use the driveway, nor have the right to. Although it has been used in the past for various activities. Ms. Douglas is trying to maintain the property and keep it in the family. She has spoken with the Mayor and the Chamber of Commerce and there is a need for this type of service in Beverly. Ms. Douglas stated it will be owner occupied because she will be there to supervise as she has always supervised her property. It's not a commercial endeavor, it will remain a single family home and she would be supervising the guests that come and go. David Lodge, 277 Hale Street Mr. Lodge stated he has a home office at 277 Hale Street but his business involves him traveling all over the U.S. No one comes to his home office. Every car that comes up the driveway shines lights into the windows in his house. Recently there have been unfamiliar cars coming through at 1:30 am and so he is unsure if this has already started. Mr. Margolis stated he is concerned about the commercial use of this property with transient people coming and going. Ms. Caldwell stated there are regulations for Bed & Breakfast's and the Health Department comes in and inspects the place. Ms. Caldwell stated its trouble seeing all the objections to this application but she does not have an objection to this request. Ms. Caldwell stated she has seen B &B's in other communities work just fine and the Health Department would be there to regulate things. It's a way to keep a larger property from being used differently. Ms. O'Brien agreed with Ms. Caldwell and stated from what she understands the driveway is deeded to Ms. Douglas's property. She went down the driveway and had no problem turning around. Mr. Levasseur agreed and stated he does not have any issue with the proposed use of the property but the road does bother him because although Ms. Douglas has deeded rights to the driveway, cars do have cross over other properties. Mr. Margolis asked if Ms. Douglas would be renting out a bathroom with each bedroom and Ms. Douglas stated each bedroom has a bathroom. Mr. Margolis asked how long she would anticipate each customer staying, and Ms. Douglas stated there is a legal limit. Ms. Caldwell read the guidelines and confirmed it is 8 days. Ms. Gougian asked who is responsible for plowing the driveway and Ms. Douglas stated she hires someone at her own cost. Ms. Gougian stated, according to her list, Ms. Douglas meets 6 out of the 8 requirements for a Special Permit. Page 7 of 11 A neighbor asked, if after 6 months, if the neighbors find that this Use creates a nuisance what is their recourse. Ms. Caldwell stated that would be zoning enforcement through the Building Department. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 275 Hale Street to establish a B &B, as it meets the requirements of the Special permit, is not more detrimental to the neighborhood, property values will not be adversely affected and Special Permit must be renewed in two years, subject to the plans submitted. Second by Ms. Caldwell. Votes 3 -2 (Caldwell, Gougian, Levasseur; Opposed: Margolis, Battistelli) Motion Denied. E. Glovsky & Glovsky on behalf of L. Jeff Haemeier and Mark Phillips In a petition for a request for a Variance and a Finding that the proposed alterations to the pre- existing nonconforming single family residence and the construction of an accessory garage will not be substantially more detrimental to the neighborhood than the existing nonconforming home and a variance to build an accessory structure in the front yard and to exceed the maximum accessory structure height. The property is located at 121 Valley Street in the R45 zoning district. Attorney Miranda Gooding of Glovsky & Glovsky addressed the Board on behalf of the applicants. Arthur Dioli, Architect stated the applicant's goal is to keep the character and simplicity of the farmhouse but to give it the modern amenities people are now looking for. They are proposing a kitchen renovation and a master suite. Mr. Dioli reviewed the proposed exterior renovations and other renovations. The rationale of the height of the garage is to allow for a residential lift so that the applicants, who are car enthusiasts, would be able to work on their vehicles. Dormers have been added to give some light to the second floor. They are planning a half bath on that second floor with the intention of making a workout room up there. Attorney Gooding outlined the zoning relief. Both the house and the lot are nonconforming. It is an undersized lot and the rear and side set backs of the house are reduced. None of the proposed additions will increase any of the existing nonconformities and so they are seeking a Finding. The owners have approached a good number of their neighbors with the proposed plans and have received a good amount of support. Attorney Gooding stated they are requesting a Variance for the barn/garage. The property is an irregularly shaped lot, with an extremely large front yard. There is another pocket of land (pork chop) to the rear of the house which is a possibility for the accessory structure but it would be challenging to access it in that location. Based on the fact that historically, the home did have a Page 8 of 11 barn in the proposed location, they thought that it made sense. It is worth pointing out, that if this structure was attached, it would be allowed as matter of right as it would comply with the setbacks. Adding a breezeway is a possibility the applicant's don't think it would serve much purpose. Dr. Robert Rokowsi, 808 Hale Street Dr. Rokowski bought their property in 2008 and renovated in 2009 with an attached garage that followed the guidelines. Dr. Rokowksi is strongly against this proposed accessory structure as it would obstruct the clear view he has now. The applicants have not spoken to him, as they said they did. The height they are proposing for the garage is a commercial height. Garages that have recently been built in that area are much lower. Mr. Margolis asked what the proposed use of the pork- chop area of the property would be and Mr. Dioli stated it was planned to be used for a yard. Mr. Margolis suggested giving some consideration to reducing the overall height of the garage. As of now the plans show 32' high. Mr. Battistelli agreed that the height is excessive. Attorney Gooding requested to continue the hearing with respect to the Variance on the garage but for the Board to vote on the Finding. MOTION: Mr. Levasseur moved to close the public hearing relating to the Special Permit. Second by Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved the Board to make a Finding that the addition on the nonconforming house is not detrimental to the neighborhood. Second by Ms. Gougian. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to allow request to continue the Variance requests to the January 26, 2017 meeting. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. F. Patrick & Amy O'Hare In a petition for a request for a Special Permit to replace a carport with attached garage and family room above and to construct a front entry, no closer to property lines than existing nonconforming structure. The property is located at 13 East Sheet in the R10 zoning district. Amy and Patrick O'Hare addressed the Board and stated the location of the existing carport is nonconforming and the proposed garage would be slightly deeper in depth but would be conforming. The enclosure of the existing entry way would allow for them to have a coat closet. They have four letters of support from abutters. Page 9 of 11 No one spoke in favor or in opposition. Mr. Battistelli asked if they are keeping both driveways and Ms. O'Hare confirmed. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 13 East Street as it is not substantially detrimental to the neighborhood, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. G. Attorney Alexander on behalf of Brian & Elaine Boches In a petition for a request for a Finding to allow a third unit to be added to a pre- existing legally nonconforming two family building on an existing lot of 4,900 square feet in the pre- existing 32'x20' outbuilding. The area of the third unit is within the existing footprint and envelope of the building. The property is located at 12 Grant Street in the RMD zoning district. Mr. Battistelli recused himself from this hearing. Attorney Alexander stated as soon as he realized the error made in the legal notice he notified all of the abutters. Mr. Boches also went door to door to each abutter and explained the situation and has received a lot of support in the neighborhood. The Boches bought the property 25 years ago with the understanding that it was a 4 -unit building. Recently the building inspector came out and stated records don't show they have approval for the fourth unit. The applicants are seeking a Finding that it would not be more detrimental to the neighborhood as it has been in existence for at least 25 years. It is a nonconforming lot. There are many properties in the area that have more than four units. The property is zoned RMD, which is a multi - family district and so this Finding would be in keeping with the neighborhood. Mr. Boches is also investing in the property with new windows, roof and siding. Mr. Margolis asked what the parking situation is and Attorney Alexander stated it is tight but it isn't going to change. The neighbors currently don't have a problem with the current parking. Ms. Gougian asked if there is any change to their taxes whether it's a 3 or 4 family and Attorney Alexander confirmed. The tax bill does not specify whether it is a 3 or 4 family house. Mr. Margolis stated it becomes a commercial rate. No one spoke in favor or in opposition. MOTION: Ms. O'Brien moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, O'Brien, Levasseur) Motion carries. Page 10 of 11 MOTION: Ms. O'Brien moved for the request at 12 Grant Street be allowed with the Finding that it's a preexisting nonconforming that will not be substantially detrimental and will not create a new nonconformity, subject to plans as is. Second by Mr. Levasseur, Votes 5 -0 (Margolis, Caldwell, Gougian, O'Brien, Levasseur) Motion carries. III. OTHER BUSINESS A. Minutes MOTION: Mr. Battistelli moved to approve the Minutes from the October 25, 2016 meeting. Second by Ms. O'Brien. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. The next meeting will be Thursday, January 26, 2017 at 7pm at City Hall, 191 Cabot Street, Beverly. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 11 of 11