Loading...
April 2017�< City of Beverly Zoning Board of Appeals April 27, 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: Joel Margolis, Chairperson; Victoria Burke- Caldwell; Jim Levasseur; Pamela Gougian; David Battistelli; Kevin Andrews Members Absent: Margaret O'Brien Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location: 191 Cabot Street, 3rd. Floor, Councilor's Chambers Mr. Margolis called the meeting to order at 7:04 pm. and introduced the members of the Board. I. CONTINUED PUBLIC HEARINGS A. Proiect 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 June 22, 2017 meeting. MOTION: Ms. Caldwell moved to approve the request to continue the application to the June 22, 2017 meeting. Second by Ms. Gougian. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. H. EXTENSION REQUEST 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. Page 1 of 8 The applicant did not attend the hearing. III. NEW PUBLIC HEARINGS A. Michael Goolkasian In a petition for a request for a Special Permit to provide two parking spaces in a public parking lot within 500' of the property, as allowed by Section 300- 59(B). Additional spaces are required for the proposed addition of a second dwelling unit. The property is located 11 Vestry Street in the RHD zoning district. Howard Squires addressed the Board on behalf of Mr. Goolkasian who is seeking a Special Permit for two additional parking spaces at the nearby municipal lot allowed under Section 300- 59. Bujar Veliaj, 144 Cabot Street clarified he doesn't believe there is enough space for additional parking at that house. Ms. Caldwell asked for confirmation that the applicant is requesting to put two additional parking spaces there. Mr. Squires stated they are looking to add two additional parking spaces at the municipal lot 500'. Mr. Frederickson stated the two existing parking spaces are grandfathered in and their request to turn the dwelling into a two family triggers the need for a Special Permit to park at the municipal lot. Ms. Caldwell asked how big each unit will be and Mr. Squires stated each unit will be 1,200'. Elizabeta Veliaj, 144 Cabot Street stated they are in opposition of the parking request, there is not enough room for two parking spaces. Fred Splain addressed the Board on behalf of the Union Club and stated this request will be taking two parking spaces away from where there patrons can park. There currently is very limited parking and businesses in the area are suffering because their customers have no where to park. Mr. Levasseur stated the applicant is still permitted two parking spaces in front of the existing house whether the Board grants the Special Permit or not. Ms. Gougian stated to her, it looks like the existing two parking spaces include one parking spot in the garage and one out front. Mr. Andrews stated if the Special Permit is granted it's going to put pressure on that area as far as four cars needing parking. The two spaces in front of the house will be always full. Mr. Splain stated he gets to the lot at 5am and there are probably 24 cars already parked. The fitness center, sub shop, Lucky Dog and law office all utilize that parking lot and it is always packed. Page 2 of 8 MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Ms. Caldwell stated normally she is in favor of this type of request due to train access but this time she is not in favor. The neighborhood is very dense and overcrowded. Mr. Battistelli stated he agrees with Ms. Caldwell that normally they try and accommodate this type of request but if this is the only place they can park and the lot is always full they are putting a strain on businesses who rely on those spaces. Mr. Andrews stated if four cars are always looking to park near the house it is going to be more detrimental to the area. It's a one way, narrow street, with an elbow at the corner. Mr. Margolis outlined the choices available to Mr. Squires. Mr. Squires requested to withdraw the request for a Special Permit Without Prejudice. MOTION: Mr. Levasseur moved to GRANT the request to withdraw the application for a Special Permit without prejudice. Second by Mr. Battistelli. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Alexander & Femino on behalf of North Ventures Inc In a petition for a request for a Finding and a Special Permit to allow for the demolition of a pre- existing legally nonconforming 3 -unit residential building and replacing it with a new 4 -unit residential building meeting all of the zoning setbacks, height and parking requirements for the district. The property is located 140 New Balch Road in the R10 zoning district. Thomas Alexander, Esq. (Alexander & Femino) addressed the Board on behalf of North Ventures, Inc. and stated the Principal David Potter has a great history on the Northshore for quality building. Mr. Potter recently converted a two family on Bridge Street to two townhouse condominiums that came out very nicely. The current property is in tough shape and has been vacant for over six months. Mr. Potter has bought this property seeking to improve it dramatically. It is a single - family zone, however, this is a multi - family use. The Assessor's office went back to 1980 and originally had it as a three family. The Lot is over 12,000'. Mr. Potter is seeking to demo the building and build a quadplex. The units will be owner occupied. The drawings show a very attractive design that will comply with all setbacks. There is plenty of space for parking. The proposed change is not more detrimental to the neighborhood than the existing situation. It will be a terrific improvement that will improve property values in the area. The neighbors are in favor and Atty. Alexander provided a copy of the signed petition in support of the project. Atty. Alexander stated the requirements of a Special Permit are met, it is an appropriate location for the proposed use, property values in the area will not be adversely affected, no undue traffic will result, adequate and appropriate facilities are available, and it will be up to code and will be a much safer building than what is currently there. Page 3 of 8 Ms. Caldwell read a letter from Joel Laino, an abutter, into record. Mr. Laino expressed concerns relating to parking. Atty. Alexander stated they meet all requirements for parking and 8 parking spaces will be provided. A decent amount of green area will remain. The building is set back as far as it can go and will not dwarf the Lot or the neighborhood. Susan Gangi, 199 McKay Street asked what the planned timeframe for construction would be. Mr. Potter stated there is a 20 -day appeal period before they can get building permits and so the demo will not be until June. Atty. Alexander stated because the building is over 50 years old it needs to be reviewed by the Historical Commission. The demo permit is contingent on the Historical Commission's approval. Ms. Gangi asked when the units will be sold and Mr. Potter stated shortly after or presale. Frank Kaminski 564 Cabot Street stated he thinks it will be a great enhancement for the neighborhood. John Brown, 138 New Balch Street stated he has lived there for over 60 years and has seen terrible things happening at that property and this project will benefit the whole neighborhood. Melissa Ayer, 141 New Balch Street stated she lives across the street from the property and she is in favor of the project. It will definitely help the neighborhood. Michael Cirelli, 289 County Way stated he lives directly behind the property and he is favor of the project. The current building is an eyesore. The only downfall is that Mr. Potter is turning the backyard into a parking lot and so he is hoping the tree line can be kept. Mr. Potter addressed this request and stated he will put bushes and 10' arborvitaes that will grow and create a barrier. Ms. Caldwell stated she would be in favor of adding a condition into the Motion to plant arborvitaes. Mr. Battistelli stated Mr. Cirelli is the most impacted abutter and he would like him to feel comfortable and make any concerns known. Mr. Cirelli stated he would like the mature trees to remain because they like the shade and he would also like arborvitaes to be planted down the property line. Mr. Cirelli stated they are on a main street and so he doesn't want his backyard to look like a parking lot. There is the issue though that shade from the existing trees will prevent the arborvitaes from growing. Mr. Margolis stated he is concerned about the amount of blacktop, run off from the property and snow storage. Mr. Potter addressed these concerns and stated there aren't current plans for drainage but he is confident his engineer can address that. Ms. Gougian stated her concern is other properties similar to this use every inch of space for parking and some of these spaces look tight. Atty. Alexander stated the plan complies with the City of Beverly's guidelines. Page 4 of 8 Ms. Gougian asked if the proposed building is higher and Atty. Alexander stated it is 33', same as is its now. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to demo the existing house and construct a 4 -unit dwelling on the same property conforming to all setbacks. The barrier between the parking lot and the rear neighbors is to be divided by appropriate landscaping determined by an arborist, existing trees to remain to the extent it is practical and to add 8 -10' arborvitaes at a distance advised by the arborist and consultation with the rear property owner, subject to the plans submitted. Second by Ms. Caldwell. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved the Board to FIND the proposed construction is not more detrimental to the neighborhood than the existing property. Second by Ms. Caldwell. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. C. Alexander & Femino on behalf of Thomas and Jennifer Curran In a petition for a request for a Variance to allow for a new garage in approximately the location of an existing shed (which will be removed) and which will be set back 6.7' from the side property line where 15' is required. The property is located at 30 Wedgemere Road in the R15 zoning district. Thomas Alexander, Esq. (Alexander & Femino) addressed the Board on behalf of Thomas and Jennifer Curran and stated the property is the residence of Mr. Curran's 84 year old mother. Ms. Curran needs increased help and they are looking to convert the garage so that live -in help can be available. They are seeking to install a garage on the same side but further back and remove an existing shed. The proposed setback will be 6.7' where 15' is required. Atty. Alexander provided copies of the signed petition in favor. The location of the existing driveway creates a hardship as to where the garage can be put that would make sense as for entering and exiting the property. It is an attractive design and in keeping with the neighborhood. The proposal would allow Ms. Curran to stay in her home. Alfred Dipaolo, 32 Wedgemere Road stated he is in full support of this project and he thinks the garage will be a great asset. Constantinos Pappas, 28 Wedgemere Road stated he is in favor of the project. Mr. Margolis asked Atty. Alexander to address the hardship for the Variance and he stated the location of the existing structure and the existing driveway creates a hardship where there is only one suitable place to put a garage. Page 5 of 8 Mr. Andrews stated the existing shed has a greater setback so the setback will be decreased with this design.. Mr. Curran addressed the Board and stated the house is under 1,100, there is zero storage and it is in a floodplain. Atty. Alexander stated this house, is on a slab, there is no basement. The reason for the garage being so deep is so he doesn't have to put another shed on the property and he can stare a lawn mower, chairs, etc.. The Conservation Commission approved the request. Mr. Andrews asked if they looked into an addition rather than putting up a garage and Mr. Curran stated he didn't want to get involved with an addition. Atty. Alexander stated these slab houses are difficult to build onto. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Andrews. Votes 5 -0 (Andrews, Margolis, Gougian, Battistelli, Caldwell) Motion carries. MOTION: Mr. Andrews moved GRANT the VARIANCE to tear down the existing shed and construct a 24' x 36' garage located on the west side of the property due to the location of the existing driveway and building on the lot creating a hardship that provides no other option. Second by Ms. Gougian. Votes 5 -0 (Andrews, Margolis, Gougian, Battistelli, Caldwell). Motion carries. D. Joe's On a Roll, LLC In a petition for a request for a Special Permit to allow a takeout /fast food window accessory to proposed food manufacturing facility. The property is located 61 Federal Street in the IG zoning district. Nicole Biranelli addressed the Board and stated she is requesting a Special Permit to have a takeout window. The location will be her base operation for her food truck. She is planning on having live lobsters, lobster rolls and chowder available. John Clemenzi 54 West Dane Street Mr. Clemenzi addressed the Board and stated he represents Clemenzi Industrial Park and is a direct abutter. Mr. Clemenzi read his letter to the Board into record. Mr. Clemenzi is concerned about the traffic and the lack of parking and stated it is a very dangerous intersection and he opposes this request. The winters will be worse due to snow being plowed up on the sidewalks in that area. Another abutter located on Park Street stated the application is not well suited and stated the Board has already seen to give away some of the parking and so he becomes the bad guy in the neighborhood for policing the parking. He has no issue with her business but stated it will be a detriment to his business. Mr. Battistelli asked if he is currently in the position where he is calling the police complaining about people parking on his property and he confirmed and stated he calls the police at least 8 times a month. Page 6 of 8 Ms. Caldwell asked Mr. Frederickson what the parking requirement for this situation is and Mr. Frederickson stated the request doesn't trigger any parking requirements. Scott Ofiesh 248 Rantoul Street (Gloria Food Store) stated he would love to see a new business in there but he is also concerned about the parking. Ms. Biranelli stated there is enough parking for six cars. Ms. Caldwell asked if the food truck is going to be parked there and Ms. Biranelli stated only for loading and unloading and there is a space between the house and the building. Mr. Battistelli asked if the food truck operates the same hours as the proposed takeout window and Ms. Biranelli confirmed. The truck would be parked at her residence at night for safety. Ms. Gougian asked if she didn't have a window could people come inside and order and Ms. Biranelli stated it is not set up for that. Mr. Margolis asked what the minimum number of employees will be and Ms. Biranelli stated probably five. Mr. Levasseur asked if the existing parking is for employee parking or customer parking and Ms. Biranelli stated right now customer parking. Mr. Andrews asked if she is going to have outdoor seating and Ms. Biranelli stated no. Mr. Andrews stated customers won't be hanging around very long. Ms. Gougian stated she goes through that intersection at least twice a day and agrees that it is very dangerous. It is going to be very difficult to pull out of that parking area without backing out onto Federal Street and she doesn't see how it can be done with any employee cars parked there. Mr. Andrews stated he doesn't think that it would be a high traffic window, like a McDonalds. It would be adjunct to the main purpose. Mr. Battistelli stated he would be more likely to support this with diagonal parking spaces. MOTION: Ms. Gougian moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Battistelli stated the City of Beverly is responsible for making this area safe and since she has parking spaces in front of the building he thinks they should grant the Special Permit. Mr. Margolis asked if they can arrange for offsite employee parking and Ms. Biranelli stated she could. Ms. Gougian stated she doesn't have a problem with the employees parking, her issue is customer parking because of the coming and going. Ms. Gougian stated the busiest takeout window times are likely to be the during the biggest traffic times. A good amount of the traffic Page 7 of 8 is going to be around dinner time. Ms. Gougian stated that intersection is so dangerous, people drive really fast through there and for people to pull out of those parking spaces they have to back out into traffic. Ms. Gougian suggested trying it out first by putting the food truck out front and use that as the takeout window. Ms. Biranelli stated she currently has a good spot where she puts her truck. Mr. Frederickson suggested issuing a Special Permit for six months. The Board and the applicant discussed this option. MOTION: Ms. Caldwell moved to GRANT a Special Permit to create a takeout window to expire December 31, 2017 with hours of operation as indicated in the petition Monday through Sunday 12 -6pm. The applicant must reapply for the Special Permit once expired, subject to the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis Caldwell, Gougian, Battistelli, Levasseur) Motion carries. III. OTHER BUSINESS A. Minutes MOTION: Mr. Levasseur moved to approve the Minutes from the March 23, 2017 meeting. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Battistelli, Gougian, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to adjourn the meeting at 9:20 pm. Second by Ms. Gougian. All in favor. Motion carried. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 8 of 8