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ZBA Minutes 1 26 2017_1 City of Beverly Zoning Board of Appeals January 26, 2017 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. Meetina Minutes Members Present: Joel Margolis, Chairperson; Victoria Burke - Caldwell; Jim Levasseur; Pamela Gougian; Victoria Burke - Caldwell; David Battistelli; Kevin Andrews, Alt. 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. L CONTINUED PUBLIC HEARINGS A. 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 fiom the other side line. The properties are located at 582 Hale Street and 64 Thissell Street in the CN zoning district. Thomas Alexander, Esq. addressed the Board on behalf of the applicant and requested a continuance to the February 23, 2017 meeting. Attorney Alexander stated the applicant has been redesigning the plans and has been communicating with neighbors. MOTION: Ms. Gougian moved to approve the request to continue the application to the February 23, 2017 meeting, subject to signing the Waiver and Agreement. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. B. Glovsky & Glovsky on behalf of L. Jeff Hagmeier 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. Page 1 of 7 Michael Dissette, Esq. of Glovsky and Glovsky addressed the Board on behalf of the applicant. Atty. Dissette stated the applicants were present along with their architect from Olson Lewis. The remaining nonconformity is the Lot size and so they are requesting a Special Permit and a Finding instead of a Variance and Finding. Atty. Dissette referred to the initial hearing where Dr. Rokowsi, (abutter) spoke in opposition of the garage plan and stated the applicant had not reached out to share the plans with him. Atty. Dissette stated, for the record, that the applicant did reach out to Dr. Rokowsi by walking down to his residence and finding Dr. Rokowski unavailable, left a letter with a copy of the plans in his door to which he received no response. To date, seven neighbors have reviewed the plans and are in support of the redesign. The original proposed 26'8" (h) garage met resistance from the Board as well as abutters. The house renovations were approved so they are back tonight with modified garage plans. Atty. Dissette distributed updated plans to the Board. They are seeking a Special Permit to allow the attached garage instead of a Variance for a detached garage on a nonconforming lot. The applicants have sacrificed a full second floor and are instead building a loft. They have altered the proposed length and width by 2' but maintained the set back and so the structure remains conforming in all dimensional aspects. The proposed height is consistent with similar structures in the neighborhood and it is an appropriate residential use. There is no factual evidence presented that property values will be negatively impacted, traffic will not be impacted, it does not have a negative impact on the area. Mr. Battistelli confirmed with the board members that it is appropriate to hear this application as a Special Permit when it was originally a Variance. Ms. Caldwell stated abutters that were present at the initial meeting were unhappy with the garage being detached and the height. The applicant has addressed their concerns and presented a slimmed down structure further from the property line. Mr. Battistelli and Ms. Caldwell agreed that the applicant responded and addressed abutters concerns. Mr. Margolis stated he liked the design. Mr. Andrews stated he thinks the design looks nice and the architecture fits with the house and neighborhood. MOTION: Mr. Battistelli moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries MOTION: Mr. Levasseur moved to GRANT the Special Permit at 121 Valley Street to build an attached accessory structure (garage), subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries Page 2 of 7 IL NEW PUBLIC HEARINGS A. John and Nancy Frates In a petition for a request for a Finding to add a small roof over outside steps to the pre- existing non- conforming two family residence. The property is located at 37 School Street in the R6 zoning district. MOTION: Mr. Battistelli moved to GRANT the applicant's request to continue the application to the February 23, 2017 meeting, subject to signing the Waiver and Agreement. Second by Mr. Andrews Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries. B. KOI Properties In a petition for a request for a Special Permit to add an accessory apartment to an existing single family dwelling. The property is located at 6 Doane Avenue in the R10 zoning district. Steven Livermore, Architect for KOI properties addressed the Board and stated they are requesting the addition of an in -law apartment in the lower level of the single - family dwelling. The intention for the apartment is to have the owner's parents live there. The proposed in -law is a single bedroom apartment that is accessed from the rear of the dwelling. There will be one main entrance in the front to keep the look of a single family. The property is owned by KOI Properties and will be sold contingent upon the approval of the Special Permit. The house is being built as a spec house with three parking spaces in front of the house. The applicant presented a signed Purchase & Sale. No spoke in favor or in opposition. Mr. Margolis stated that the Special Permit would be issued with a condition that once the property is sold the Special Permit ends. Ms. Gougian asked for confirmation that the abutters are aware of this request and the applicant confirmed. Ms. Caldwell stated she is in favor of these types of situations given the price of real estate. Mr. Andrews asked for confirmation that there is one interior egress and one exterior egress. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries MOTION: Ms. Caldwell moved to GRANT the Special Permit to add an accessory apartment with the condition that the perspective buyer will only have their immediate family occupying it, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries Page 3 of 7 C. Glenn and Carolyn Gourdeau In a petition for a request for a Finding that the proposed 26' x 22' first floor family room addition will be no more detrimental than the existing single family dwelling structure that is 27.5' from the northeast corner of the front property line. Also, a Special Permit for an accessory apartment in the basement. The property is located at 476 Essex Street in the R15 zoning district. The Gourdeau's architect addressed the Board and stated the existing right side of the structure is 27.5' from the right side of the property line where 30' is required. The addition will be a 26' x 22' family room with a one bedroom accessory apartment for Mrs. Gourdeau's father, Mr. Smith. The addition will be conforming but the existing structure is nonconforming. The applicants are requesting a Special Permit for the accessory apartment. The applicant stated there is an interior entrance and a rear exterior egress. The Conservation Commission reviewed the plans and stated their approval, however they will formally sign off on the plans at their February 2017 meeting. No one spoke in favor or in opposition. Ms. Gougian asked about the in ground swimming pool shown on the plan and if the Conservation Commission has approved it. Ms. Gourdeau confirmed and stated she has no immediate plans to install an in ground pool but it has been approved should she decide to do so in the next three years. MOTION: Mr. Battistelli moved to close the public hearing. Second by Jim Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to make a Finding that the proposed addition is not more substantially detrimental to the neighborhood than the existing structure and meets the criteria for a Finding. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries MOTION: Mr. Battistelli moved to GRANT the Special Permit at 476 Essex Street for an in- law apartment for Joseph Smith, subject to the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries D. Glovsky & Glovsky on behalf of Flats at 131, LLC In a petition for a request for a Special Permit to erect five temporary banner signs on primary and secondary facades and place two sandwich board signs along primary facade. The property is located at 131 Rantoul Street in the CC zoning district. Michael Dissette, Esq. addressed the Board and stated the applicant is requesting a Special Permit to put up five banner signs. The two sandwich board signs requested are as placeholders in the event City council wanted the ZBA to weigh in on the signs. The applicant is requesting the Special Permit due to the banner size, number and duration being requested. Page 4 of 7 The reason for 5 banners is due to the various facades visible to pedestrians, vehicles and train passengers. There will be strip lighting. The applicant is requesting to have the 5 banners up for 10 months. Mr. Andrews stated 5 banners are excessive. Mr. Battistelli asked if the banners would be illuminated all night and Kristen Poulin stated the strip lighting could be on a timer. Mr. Margolis stated the Design Review Board is in favor of the amount of banners being requested because they are temporary. Ms. Caldwell agreed. Ms. Poulin stated there will be permanent mounting brackets that will be available for future banner type art. The banners could come down sooner than December if the building is fully leased. Ms. Gougian stated as someone who will be driving by this building several times a day the signs are going to be tiresome and will distract from how nice the building is. Rosemary Maglio, 30 Pleasant Street Ms. Maglio stated the ZBA agenda posting was not in compliance with general laws. Ms. Maglio expressed several concerns regarding the banners and is in opposition of them. Ms. Gougian asked Mr. Margolis if the Design Review Board addressed the height of the banners and whether they must meet the sign guidelines. Ms. Poulin stated the bottom of the sign is above the retail space. Mr. Margolis stated the Design Review Board based their decision on the banners being temporary and that it is a new building. Ms. Gougian stated where it's on a residential street that once the banners come down the lights should come down as well. Ms. Caldwell asked if there is only one sandwich board as approved by City council and Ms. Poulin confirmed. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries The members were in agreement to remove the banner facing Pleasant Street. MOTION: Mr. Battistelli moved to GRANT the Special Permit for 4 of the 5 requested temporary banners to be displayed between March 1, 2017 and December 31, 2017, 2 in the courtyard and 2 on Rantoul Street. The illuminating light will be turned off between 9pm and 6am. After December 31st the lighting will be also remain off unless for the benefit of art work in which the light will be off at l Opm. This Special Permit is conditioned upon the present signs being removed prior to banners being displayed. After the banners come down, those spaces cannot be used to advertise future space in the building, subject to the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries. Page 5 of 7 E. Glovsky & Glovsky on behalf of Windover McKay, LLC In a petition for a request for a Special Permit to erect a 38 "x 19.5" wall sign to identify the Balch Street entrance to the residential project. The property is located at 131 McKay Street in the RIO zoning district Michael Dissette, Esq. addressed the Board to request an additional free standing sign to identify the Balch Street entrance which is at the intersection of the new part and the corner of the school building. This entrance goes right into the elevator lobby. The Design Review Board is in favor. No one spoke in favor or in opposition. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries MOTION: Ms. Caldwell moved to GRANT the Special Permit for a wall sign pursuant to the plans submitted and approved by the Design Review Board. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries F. David and Kerry Crichton In a petition for a request for a Special Permit to add double dormers to existing single family house to expand living space by adding a bathroom and bedroom. The property is located at 86 Bisson Street in the R10 zoning district Mr. and Mrs. Crichton addressed the board and stated they are looking to add double dormers onto their attic. They submitted additional letters from abutters in favor. No one spoke in favor or in opposition. Ms. Gougian stated the proposed design looks like a flat roof and it takes away from the building. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries MOTION: Ms. Caldwell moved to GRANT the Special Permit to add double dormers in accordance with the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries Page 6 of 7 Jon Cahill In a petition for a request for a Special Permit to replace a one story, one car attached garage with an attached two car garage and 2 nd story above, no closer to the property line than the existing non- conforming structure. The property is located at 8 Dyer Road in the R15 zoning district. Brigitte Fortin, Architect addressed the Board and stated the applicant is seeking a Special Permit to construct a 2 -car garage with a partial second story and it is nonconforming. The building will be shingled completely. They are eliminating the existing front door and will only have one entrance. Pui Shan Ng, 5 Adeline Road Ms. Ng asked for clarification of the plans and stated she has no opposition to the plans. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries Mr. Battistelli asked or clarification of the setbacks and Ms. Fortin stated the addition will be within the setbacks. Mr. Margolis asked for confirmation that it is a 38% increase. Ms. Fortin confirmed and stated the original first floor is 1,400 sq. ft. and they are going to increase to 1,524 sq. ft. The second floor will add an additional 1,055 sq. ft. Ms. Caldwell stated she liked the design. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 8 Dyer Road as it meets the criteria and it is not more substantially detrimental to the neighborhood, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries III. OTHER BUSINESS A. Minutes MOTION: Mr. Battistelli moved to approve the Minutes from the November 29, 2016 meeting. Second by Mr. Andrews. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. B. Adiournment MOTION: Mr. Margolis moved to adjourn the meeting at 8:50pm. Second by Mr. Battistelli. All in favor. Page 7 of 7