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ZBA Minutes 5 25 2017ti 4 c yt' OFF City of Beverly Zoning Board of Appeals May 25, 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;; Jim Levasseur; Pamela Gougian David Battistelli; Margaret O'Brien Members Absent: Victoria Burke- Caldwell; Kevin Andrews 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. NEW PUBLIC HEARINGS A. Glenn and Joanna Scott In a petition for a request for a Variance to construct an 8'x12.5' addition on left side of house. Addition will have a left side set back of 11.4' where 15' is required. The property is located 11 Princeton Avenue in the R10 zoning district. Glenn and Joanna Scott addressed the Board and stated they are seeking a Variance to construct an addition that would extend into their driveway and increase the size of an existing guest room. The design keeps with the neighborhood and is similar to an addition they did a few years ago. The Scott's provided a letter in support from the left side abutter where the addition would go. The in -law will likely need a wheelchair in the future. Mr. Scott stated they are requesting to go into the setback by about 3 feet and they would retain two parking spaces at the front of the driveway. The hardship is that the existing house is not centered on the lot, it is more to the left and there are drainage issues in the rear of the property. No one spoke in favor or in opposition. Mr. Levasseur asked if the garage is not going to be functional and Mr. Scott stated it is not useable now, it is more of a shed. Ms. Gougian stated if the addition was going on the back of the house they wouldn't need a Variance. Mrs. Scott stated they did look into that and financially it would be too much due to Page 1 of 6 having to relocate the air conditioning units and bulkhead. Also the addition would block light and it wouldn't have the same aesthetic appeal. Mr. Margolis asked if they will be removing the large tree on the left of the house and Mr. Scott stated it won't be necessary. Mrs. Scott stated it is their intention to not take down the tree. Mr. Scott discussed the drainage issues in the back of the property and the installation of a French drain. MOTION: Mrs. O'Brien moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Variance at 11 Princeton Avenue to build an addition on the side of the house which intrudes on the required 15' set back. The hardship is the orientation of the house on the lot, the topography that impacts drainage and the expense to relocate the bulk head and air conditioner units, it would not be detrimental to the neighborhood and the request is minimal. Second by Ms. O'Brien. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. B. Michelle Cushing In a petition for a request for a Variance to install a 10' x 14' shed with a 15' front property line setback where 30' is required. The property is located at 7 Alcann Road in the R15 zoning district. Michelle Cushing addressed the board along with her father Donald Cushing. Ms. Cushing stated she would like to install a shed and due to the required setback she is requesting a Variance. The hardship is the way the property drops off and so due to the topography it is the only spot she could put the shed. Mr. Cushing stated the font of the property looks flat but along the side of the house the land just drops off. No one spoke in favor or in opposition. Mr. Battistelli stated the shed is listed as several different dimensions in the application and Mr. Battistelli asked for clarification. Mr. Cushing stated they would love to have a 12' x 16' shed. Ms. O'Brien stated the lot is such a strange shape, the house is already nonconforming and no one else is around them. There is a lot of space. MOTION: Ms. O'Brien moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. Page 2 of 6 MOTION: Mr. Battistelli moved to GRANT the Variance at 7 Alcann Road for a 15' foot setback where 30' is required, the hardship is the topography of the lot making the proposed location the only suitable option. Any other location would make the shed difficult to access due to the downward slope of the lot. This is minimal request that would not have adverse effects on property values and is not detrimental to the neighbors, subject to the plans submitted showing the 12' x 16' shed, instead of the size noted on the original application submitted. Second by Ms. O'Brien. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. C. Beverly Historical Society (3) In a petition for a request for three Special Permits to install a 6' x 2' free standing double sided sign at the Cabot House located on 117 Cabot Street in the CC Zoning District, the Balch House located at 448 Cabot Street in the RMD Zoning District and the Hale Farm located at 39 Hale Street in the R10 Zoning District. Sue Goganian, the Director of the Historical Society addressed the Board and stated they are changing their name to Historic Beverly and would like to put up new signs at each property. The Design Review Board has approved the designs submitted. The proposed signs are not in accordance with what is permitted by the ordinance and so they need a Special Pennit. The two existing signs at the Cabot House are heavy wooden signs and so they thought they would do something lighter which is why they went with the fabric sign. All three properties will have uniform signs. Each property will have two signs, one with the new `Historic Beverly' name and one with the name of the house. The 2' x 6' signs will be made of a heavy weight fabric material. They will be replaced if there is an issue with their condition. All three houses will have all the same colors and sized banners. Ms. Goganian stated these are identifying signs for each property. Ms. O'Brien and Ms. Gougian expressed their opinions regarding the new design. Mr. Battistelli stated he is comfortable with the signs at the Balch House and Cabot House but the Hale Farm property is a residential area and he's not overly happy with the sign. No one spoke in favor or in opposition. Mr. Margolis asked if the applicant would agree to reduce the size of the sign at the Hale Farm house due to it being a residential area. Ms. Goganian stated it is important to them for the public to know who owns those buildings. Mr. Battistelli stated he thinks they should go ahead with the signs for the Cabot Street properties but come up with something else for the Hale Farm property. Page 3 of 6 MOTION: Ms. O'Brien moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to erect two new 2' x 6' signs at 117 Cabot Street based on the designs approved by the Design Review Board and subject to the designs submitted. Second by Ms. O'Brien. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit to erect the two new 2' x 6' signs at 448 Cabot Street based on the designs approved by the Design Review Board and subject to the designs submitted. Second by Ms. O'Brien. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 39 Hale Street to erect the two new signs, keeping with the design presented and approved by the Design Review Board with a modified size of 1 /6th smaller in each direction. Second by Ms. O'Brien. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. D. Lorraine Hobbs and Jennifer Schwartz In a petition for a request for a Special Permit for the construction of an addition and in -law apartment with 1'4" setback to the right side, where 15' is required. The property is located 178 Bridge Street in the R10 zoning district. Jennifer Schwartz addressed the Board and stated they are seeking a Special Permit to construct an addition and an in -law apartment. Joseph Luna, Architect spoke on behalf of the applicant and stated all of the requirements of the ordinance will be made. The lot is nonconforming, but the proposed addition would not encroach any further than the existing house. The addition onto the main house will be one bedroom with a master bath. The in -law apartment will be two levels with a living area/kitchenette and bath on the first floor with a bedroom on the second floor accessible by the main house. Mr. Margolis clarified that this would be an in -law apartment, not a two- family house and stated that once the Special Permit is granted for an in -law apartment it is for that specified family member. Ms. O'Brien asked if the applicant showed the plans to the neighbor who is directly next to where the proposed addition would be and Ms. Schwartz confirmed and stated the neighbor is in support of their plans. Ms. O'Brien asked how close they will be from the lot line and Mr. Luna stated they are approximately 1 1 /2' from the existing house to the lot line and they are not Page 4 of 6 encroaching any further into that lot line. They are pushing the addition towards their driveway. Mr. Luna stated the addition will have minimal windows facing the neighbor. Mr. Battistelli stated the applicant really should have letters in support from abutters, this is a large project. Mr. Luna stated the proposed addition does not exceed 30% of the existing house. Ms. O'Brien stated she is not comfortable with this request; the addition is too long and too close to the neighbor. Ms. Gougian asked about parking and the Mr. Luna stated the paved driveway will have to be shifted and they will be able to park where the existing shed is. Mr. Margolis provided the applicant with their options as far as going forward and letting the Board vote or withdrawing the application or continuing the application and coming back with a revised plan. Mr. Battistelli stated he can't see how this request wouldn't adversely affect other property values. Mr. Luna asked if a letter from the abutter would alleviate that concern. No one spoke in favor or in opposition. Mr. Luna offered suggestions for revising the plans and shifting the addition further back into the driveway. The members determined that the applicant should return with plans showing a 3' design shift away from the property line that is close to the neighboring house. Mr. Margolis asked the Board members for feedback if the applicant revised the plans and also provides a letter in support from abutters if that would help. The Board members discussed. Mr. Levasseur asked the applicant to provide pictures showing the distance of the house next to them from their lot line. Ms. Gougian asked about the dimensions of the second bedroom. Mr. Luna stated, in the revised plans they will clarify square footage information as far as what is in the proposed in -law square footage and what square footage would be part of the main house. MOTION: Ms. O'Brien moved to approve the request to continue this application to the June 22, 2017 meeting, subject to signing the Waiver Agreement. Second by Mr. Battistelli. Votes 5 -0 (Mr. Margolis, Ms. Gougian, Mr. Battistelli, Mr. Levasseur, Ms. O'Brien) Motion carries. Page 5 of 6 II. OTHER BUSINESS A. Minutes MOTION: Mr. Battistelli moved to approve the Minutes from the April 27, 2017 meeting. Second by Ms. Gougian. Votes 5 -0 (Margolis, Battistelli, Gougian, Levasseur, O'Brien) Motion carries. MOTION: Mr. Battistelli moved to adjourn the meeting at 8:45 pm. Second by Ms. Gougian. All in favor. Motion carried. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 6 of 6