March 2017City of Beverly
Zoning Board of Appeals
March 23, 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.
Meeting Minutes
Members Present: Victoria Burke- Caldwell, Vice Chairperson; Jim Levasseur;
Pamela Gougian; David Battistelli; Kevin Andrews
Members Absent: Joel Margolis, Margaret O'Brien
Others Present: Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location: 191 Cabot Street, 3rd. Floor, Councilor's Chambers
Ms. Caldwell called the meeting to order at 7:00 pm. and introduced the members of the Board.
I. 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
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 addressed the Board and stated this application
originally came before the Board several months ago and there were several neighborhood
concerns. The applicant has had over 20 individual meetings with neighbors to get their input
and redesign the project. The property is located on the corner of Thissell Street and Hale Street.
The existing two family house is not in good shape. Atty. Alexander reviewed the revised plans.
The applicant is seeking a Variance to build four townhouse units on the property. The revised
plans propose two townhouse units to the rear of the existing post office at 64 Thissell Street and
two townhouse units at 582 Hale Street and have been scaled down over 20 %.
There were concerns raised regarding trash pick -up and the applicant has decided there will be
private trash services provided by the owner.
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There were also concerns raised regarding the school bus stop and so they have built a granite
table with wrought iron benches into the design that will accommodate 8 -9 people. There is also
an existing granite table in front of the post office.
After meeting with the neighbors and incorporating their changes they have received much more
support. Atty. Alexander provided a copy of a petition signed by the neighbors in favor.
John Michaud Architect addressed the Board and reviewed the redesigned plans in detail. The
number of stairs in the rear of the building have been reduced and so the rear of the building has
cleaner lines.
Alexandra Cutler, 5 Prides Park Avenue Ms. Cutler addressed the Board and stated she is in
favor of the project and thinks it will be a vast improvement. She is very happy that traffic will
be decreased.
Atty. Alexander stated there will be two parking spaces on the property per townhouse unit and
there will also be a visitor parking located in front of each unit's overhead door.
Ms. Gougian asked if the woman who owns the confection store is in favor and Atty. Alexander
stated she has verbally stated she is in favor of the project. They spoke with her several times
and her concerns were taken into consideration.
Ms. Caldwell asked if there are still plans to spruce up the post office and Mr. Michaud
confirmed and reviewed those plans.
Ms. Gougian asked about snow removal and Mr. Michaud showed on the plans where the
planned snow storage will go. Mr. Lawler stated in the past he has had to haul snow away but he
didn't have to this past winter. There will be a condo association.
Mr. Andrews asked for clarification of the hardship and Atty. Alexander stated the existing
buildings make the Lot difficult to work with. The setbacks being used are keeping with the
streetscapes of neighboring properties.
Ms. Caldwell stated there have been issues where condos have private trash pick -up but then
later owners will question why they can't utilize the City's trash pick up. Atty. Alexander stated
they would be amenable to a condition.
Mr. Battistelli stated he is happy with the revised plans.
Ms. Gougian asked for confirmation that the Hale Street sidewalk is remaining and Mr. Michaud
confirmed.
MOTION: Mr. Andrews moved to close the public hearing. Second by Mr. Levasseur.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
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MOTION: Mr. Andrews moved to GRANT the Variance to build two townhouses at
the rear of the existing post office on Thissell Street, demo the existing house at 582 Hale
Street and build two townhouse units with the condition that trash and recycle pick -up
will be handled privately by the property owner at their own expense the hardship is the
lot size and the required zoning setbacks will not be met, subject to the revised plans
submitted. Second by Mr. Battistelli.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
B. Jason Parisella
In a petition for a request for a Variance and Finding that a proposed 14' wide by 20' long
2 - story addition with a 650 sq. ft open deck will be no more detrimental than the existing single
family dwelling structure that is presently 5.6' from the right property line. The property is
located at 81 Baker Avenue in the R10 zoning district.
Robert Nelson addressed the Board on behalf of Mr. Parisella and stated the nonconforming lot
is long and narrow. Mr. Parisella is looking to expand his property by building a usable farmer's
porch and a two story addition. The driveway is on the left side of the property and with the way
the structure is located on the lot the best use of the property would be front to back not side to
side.
Mr. Battistelli asked what the actual front setback will be and Mr. Nelson stated it would
encroach 1.2' into the front setback where 20' is required. The side setback meets the
requirement.
Mr. Battistelli asked for clarification on the date and name on the Deed. Mr. Parisella stated he
has lived there since 1992 but when he got married he added his wife to the Deed.
Mr. Parisella submitted letters in support of the project from neighbors on his immediate right
and left.
Mr. Battistelli stated it's a nice design.
No one spoke in favor or in opposition.
Mr. Andrews asked what the current nonconformity is and Mr. Nelson stated the existing side
setback is legally nonconforming. Mr. Andrews asked for clarification that the Variance request
is relating to the front of the property.
Ms. Gougian asked what the total percentage increase is and Ms. Caldwell stated it's about 350
square feet. The existing structure is 940 square feet on the first floor and 800 square feet on the
second floor. Mr. Nelson stated it's an approximate 14% increase.
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MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Andrews.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Variance to build a farmer's porch
that does not meet the required front setback. The hardship is the size and shape of the lot
based on the design presented. Second by Mr. Battistelli.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Finding to build a two -story addition
that is not more detrimental than the existing structure, subject to the plans submitted.
Second Mr. Battistelli
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
C. Project Adventure, Inc
In a petition for a request for a Variance from the minimum frontage requirement contained in
Section 38- 8.D.2, to allow the creation of a single family building lot in an R45 zoning district
with no legal frontage where 175' is required. The proposed lot will be served by an existing
common driveway. The property is located at 719 Cabot Street in the R45 zoning district.
Miranda Gooding, Esq. (Glovsky & Glovsky) addressed the Board on behalf of the applicant and
requested a continuance to the April 27, 2017 meeting. Atty. Gooding stated there have been
other City departments weighing in on the application and they are working with them before
they present the application to the Zoning Board.
MOTION: Mr. Battistelli moved to accept the request to continue the application to the
April 27, 2017 meeting. Second by Mr. Andrews.
Votes: 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
II. NEW PUBLIC HEARINGS
A. Glovsky & Glovsky on behalf of Beverly Airport Self Storalle, LLC
In a petition for a request for a Special Permit to allow the premises situated at 105 Sam Fonzo
Drive to be developed for mini - warehouse storage use in the IR Zoning District, under Section
300- 42(C)(i) of the Beverly Zoning Ordinance, together with such other relief that may be
required to authorize the construction of the proposed project. The property is located at 105
Sam Fonzo Drive in the IR zoning district.
Miranda Gooding, Esq. (Glovsky & Glovsky) addressed the Board on behalf of the applicant and
stated Beverly Airport Self Storage is requesting a Special Permit to authorize a particular Use
for self storage in the industrial district.
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The Architect from Siemasko & Verbridge, Tom Ford, the Principle of Self Storage and Rick
Salvo, the Project Engineer from Engineering Alliance were present and available to answer
questions.
The current site is situated near Beverly Airport on the corner of LP Henderson Drive and Sam
Fonzo Drive. The site has been owned by the City of Beverly since 1942. The site is about 4
acres with the closest abutter being a warehouse facility located across the street. The site is
largely wooded and does not neighbor residential areas and is situated on the tail end of Cherry
Hill industrial park. In 2015, the City requested RFPs to develop the site. The City and Mr.
Ford signed a P &S in March 2016 that is contingent on approval of this project. The project
required some cleanup title work relating to an outstanding Order of Conditions and they have
been working with the City to clean that up and it was taken care of in January 2017.
The project proposes three buildings. Building A will be a fully climate controlled self storage
facility with an elevator and security. Building B will be more for commercial storage. Building
C will be a lease based building. There will be 47 parking spaces on site and they are proposing
3 curb cuts on San Fonzo Drive to ensure separate access from the storage facility from the
commercial building. All storage will be located within the buildings so the site will be well
kept and neat. The proposed buildings will comply with all zoning dimensions.
The applicant will be working with the Conservation Commission with the respect to the
wetlands on the site.
The project meets the criteria for a Special Permit Use, it's an appropriate location, it's a
compatible transitional use, it will generate minimal traffic and it will require minimal City
services. It will generate tax revenue for the City on a site that is otherwise vacant.
The Architect from Siemasko & Verbridge addressed the Board and reviewed the design.
Building A_ -will have a lobby entrance where sales will be conducted and where the elevator will
be located. On the ground level the bays will have garage doors, on the second floor there will
be smaller storage bays. The exterior of the building will have textured concrete masonry. The
main entrance will have a tower element with a covering to shield customers from bringing the
things in or out. The Use generates low traffic. The building is 34' high to the flat roof.
Building B is built into the ground so it will be accessed from the rear. There are garage door
units similar to Building A with smaller units on the second floor. This building is smaller than
Building A but looks identical. The same materials will be used on the exterior.
Building C is to be determined by a tenant that comes along. They are anticipating one to four
tenants. The same exterior materials will be used as far as windows and metal roofing.
No one spoke in favor or in opposition.
Mr. Battistelli asked what the hours of operation will be and Atty. Gooding stated Monday
through Saturday 8 -7pm. There will be no one permitted there off hours.
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Mr. Andrews asked if Building C is for industrial use or storage and Mr. Ford stated it could be
used for industrial storage. Atty. Gooding clarified it could also be utilized by another light
industrial use.
Ms. Gougian asked if the upper levels of the storage facility will be able to accommodate
furniture or just boxes and the Architect stated there is a large freight elevator and wide hallways
and doors that could accommodate furniture.
Mr. Levasseur asked if large SUVs or boats will be stored there and Mr. Ford stated it will not be
permitted and there will be no outdoor storage.
MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Andrews.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Andrews moved to GRANT the Special Permit Use to permit the
construction of the three buildings to include self - storage and light industrial use as
described in the application, subject to the plans submitted. Second by Mr. Levasseur.
Votes 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Andrews)
Motion carries.
III. OTHER BUSINESS
A. Minutes
MOTION: Mr. Andrews moved to approve the Minutes from the February 23, 2017
meeting. Second by Mr. Levasseur.
Votes 5 -0 (Caldwell, Battistelli, Gougian, Levasseur, Andrews)
Motion carries.
MOTION: Mr. Levasseur moved to adjourn the meeting at 8:20 pm.
Second by Mr. Andrews.
All in favor.
Motion carried.
Leanna Harris, Administrative Assistant
Board of Appeals of the Zoning Ordinance
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