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ZBA Minutes 6 22 2017City of Beverly Zoning Board of Appeals June 22, 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; Margaret O'Brien, alt. Members Absent: Kevin Andrews, alt. 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 7:00 pm. and introduced the members of the Board. I. NEW PUBLIC HEARINGS A. Kevin and Jane Knight In a petition for a request for a Variance to enclose existing deck with a side setback of 5.7' instead of the required 10'. The property is located at 7 Wellman Street in the R6 zoning district. Kevin and Jane Knight addressed the Board and stated they are looking to enclose an existing deck and they do not have the necessary setback. The land slopes down and creates a hardship where they don't have the required setback to put an addition elsewhere. Virginia Stopfel, 9 Congress Street stated she is an abutter and is in favor of the request. Mr. Battistelli asked who lives directly behind them and Mr. Knight stated the abutter signed the petition in favor along with several other abutters. Mr. Battistelli asked if they plan to build another deck and Ms. Knight stated they do not plan to. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 1 of 12 MOTION: Mr. Battistelli moved to GRANT the Variance at 7 Wellman Street to enclose the existing deck due to the hardship created by the slope of the land preventing the addition from being constructed elsewhere on the property and this minimal request is not a detriment to the neighborhood and will not negatively effect property values, subject to the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Jeffrey & Sheryl Silva In a petition for a request for a Variance to construct a 20.5' x 25' attached garage and 6'x12' elevated deck, 3.3' from the side lot line where 15' is required and 20.8' from the rear lot line where 25' is required. The property is located at 95 Hale Street in the R10 zoning district. Robert Griffin, Griffin Engineering Group, LLC addressed the Board on behalf of the applicants and outlined the proposed plans to construct a 2 -story garage with a master bedroom and deck on the second floor. They are requesting an 8' reduction in the side set back. Mr. Griffin stated the topography drops off very steeply toward the Lawrence Brook preventing constructing the garage anywhere else. The only affected abutter at 93 Hale Street submitted a letter in support of the project. No members of the public spoke in favor or in opposition. Mr. Margolis asked what will happen with the large trees located on the property in that area. Mr. Griffin stated one of the trees will have to come down. Mrs. Silva stated one of the abutters trees will also have to come down and they have spoken with the abutter and they will absorb the cost. Ms. Gougian asked for clarification that this can be called a garage when it is half living area and Mr. Griffin stated it will have two garage spaces on the first floor and a master bedroom on the second floor. Mrs. Silva stated they cannot finish their basement due to water issues and they are just looking for more space. Mr. Battistelli stated he has concerns regarding the noise level that could carry from the elevated deck but that he does think this is a good place for the garage. MOTION: Ms. Gougian moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 2 of 12 MOTION: Mr. Levasseur moved to GRANT the Variance at 95 Hale Street to construct an attached 2 -story garage with a master bedroom on the second floor and elevated deck, the hardship being the topography of the land that drops off steeply, subject to the plans submitted. Second by Ms. Caldwell. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. C. Judith Owens and Thad Closson In a petition for a request for a Special Permit to allow for a bed & breakfast establishment as per Zoning Ordinance 300- 33(C)(6). The property is located at 688 Hale Street in the R15 zoning district. Thad Closson and Judith Owens addressed the Board and stated they are applying for a Special Permit to operate an Air B &B. Mr. Closson stated an Air B &B is not the same as a regular B &B and there are many cities and towns that have recognized the difference and do not require a Special Permit for an Air B &B. They have two lots and are within 100' of Beverly Farms commercial district. Mr. Closson stated that Hale Street is a state road with over 4,000 driving through it every day. Ms. Owens stated Air B &Bs are booked online and both the guests and the hosts are all rated which is a vetting process that eliminates any problematic guests. Ms. Owens stated they have parking available off street and they would be on the premises at all times. They have been running this Air B &B since June 2016 with no issues. Ms. Owens stated she doesn't believe that anyone realizes they are running an Air B &B. Peter and Joan Johnson 677 Hale Street submitted a letter supporting the request. Mr. Closson stated they meet all requirements, they have six off street parking spaces and they reside on the property full time. Mr. Closson stated they believe this helps the local economy as the average visitor spends about $350 /day between eating out, taking the train and attending shows. At the end of a stay the guests rate them as hosts and they rate them as guests. Dorothy Hayes, 680 Hale Street stated she is against this request and after reviewing the application she feels it is incomplete without a parking plan, floor plans or a plot plan. Ms. Hayes stated that Mr. Closson does not own the property and therefore cannot sign the application as `owner'. Ms. Hayes referred to the `cease and desist' letter that was given to the applicants in July 2016 and stated they continued to operate the Air B &B and also ignored requests to remove signage. Ms. Hayes stated seeing people coming and going with luggage creates a transient feel, they have people walking around, turning their cars around in their driveway and the applicants keep the house illuminated late at night. Bradford Rowley, 693 Hale Street read his letter of opposition into record. Eric Hayes, 680 Hale Street stated the resident at 677 Hale Street who submitted a letter in favor is not an actual abutter. Mr. Hayes is concerned about this Special Permit being granted and setting precedence. Page 3 of 12 Ms. Caldwell asked the applicants how long they have been operating the Air B &B before deciding to go for a Special Permit and how many bookings they are taking. Ms. Owens stated they have been operating about a year and average 2 -3 bookings a week which is about 8 guests a week. Ms. Owens stated they do not advertise; they are listed on the Air B &B site offering one suite unit which is two rooms that sleeps four. There is a separate entrance from their living space. Ms. Owens stated they require that the booking be one family, they don't allow two different groups. Ms. Caldwell asked if there is a legal opinion regarding Air B &Bs versus B &Bs and Mr. Frederickson stated as of now there is no distinction, it is allowed by Special Permit in their ordinance. Mr. Frederickson clarified his communication with the applicants regarding the cease and desist order. Ms. Caldwell asked if there have been any police calls due to guests and Ms. Owen stated absolutely not. Mr. Battistelli stated he would like the Special Permit to include no signage permitted. Abbe Ross, 693 Hale Street stated they live directly across the street and their first floor bedroom windows face the house and the applicant's entire house is lit up late into the night and prevents her from having quiet enjoyment of her house. Ms. Ross stated she believes the house is busier than they are portraying and that they light up their house so guests checking in at night can find the house and walk up the walkway. Mr. Olsson stated Hale Street has over 4,000 cars that go by their houses each day including trucks, motorcycles and trains. There is a lot of noise in the neighborhood. Ms. Owens stated the guest entrance is in their driveway, not on the street and so she is unsure what the issue is with their lights. The check -in time is 2pm and it is extremely rare that they have someone checking in late at night. Ms. Owens stated the lights are on for them, not their guests and perhaps they could be more mindful of that. Mr. Hayes stated the applicants have continued operating their Air B &B regardless of the cease and desist order that was in place as of July 2016 and so he is not confident they would honor any conditions imposed. Ms. Gougian stated based on their reviews on the Air B &B site, it is unlikely they would rent out the two rooms to separate groups. Mr. Frederickson stated he has been in contact with the applicants regarding their operation and whether it is a bed & breakfast or an Air B &B and the applicants didn't ignore the cease and desist. Once he spoke with the City Solicitor they immediately came in and requested a Special Permit. Page 4 of 12 Ms. Hayes stated she does not believe the parking meets the requirements and she is requesting the Board continue this hearing until they receive a plot plan, floor plans and parking plan. Ms. Owens stated they have never had more than one car and there is a clearly marked off street space for guests. Mr. Battistelli stated he thinks the parking requirement is met, he doesn't see it as an issue. Mr. Battistelli stated he thinks if they hadn't been operating through a cease and desist order and they had just come to the Board to request a, Special Permit that they would have approved it. He doesn't think the applicants should be penalized for being successful. Ms. Caldwell stated they should change their Air B &B listing to say that there is parking for only one car. Mr. Margolis provided the applicant with their options, to have the Board vote, to continue the hearing and come back with revised plans or they can withdraw without prejudice. Mr. Olsson stated he would like the Board to vote. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Battistelli stated there should be some penalty for not honoring a cease and desist and they should impose a 60 -day order to not operate. Ms. O'Brien stated the cease and desist really didn't get resolved and so if they already have bookings that could be harmful to their ratings. Mr. Battistelli agreed and stated he withdraws his suggestion for imposing a 60 -day penalty. Ms. Gougian stated there haven't been any problems demonstrated by fact. MOTION: Ms. Caldwell moved to GRANT the Special Permit through June 30, 2018 provided the rental is for one individual group of not more than four people, there are no visible signs from the street and all bookings be noted as having one parking space. Applicants must return to the Board prior to the expiration to renew the Special Permit. Second by Mr. Levasseur. Votes 4 -1 (Caldwell, Gougian, Battistelli, Levasseur; Margolis opposed) Motion carries. D. Anthony & Deborah Kline In a petition for a request for a Variance to construct an in- ground pool and pool house in the front yard of the property. The property is located at 510 Hale Street in the R45 zoning district. Robert Griffin, Griffin Engineering Group, LLC addressed the Board and provided an overview of the plans. A portion of the tennis court will remain for basketball. There are no new recreational uses being created, the tennis court will mostly be replaced by an in ground pool. There is a fence screening the front of the property from Hale Street. The pool house is a moderate structure with a restroom and a utility room. The hardship is the location of the existing residence and garage. There isn't any land behind the house to put a pool. The pool house will be located 3Oft from the street. Page 5 of 12 No members of the public spoke in favor or in opposition. Deborah Kline addressed the Board and stated the abutter to the left came over and walked the grounds and she showed them everything and they are in support of the project. They could not attend tonight but did email a letter in support of the project. Mr. Levasseur read the letter into record. Mr. Margolis stated he would like to see a condition included in the Variance stating the fence remains and is maintained. Ms. Kline agreed. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Battistelli moved to GRANT the Variance at 510 Hale Street to construct an in ground pool and pool house in place of the tennis court located in the front yard due to the hardship created by the existing location of the house and the garage, the request is not detrimental to the neighborhood due to the solid fence screening the property and such fence shall remain and be maintained, subject to the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. E. Heney & Associates on behalf of 4 Bomac Realty LLC In a petition for a request for a Special Permit to permit storage of new vehicles on the lot in accordance with Chapter 300 Article VII Sec. 300- 42(C). The property is located at 4 Bomac Road in the IR zoning district. William Heney, Esq., Heney & Associates, addressed the Board on behalf of the applicant and stated they have met and discussed the needs of the dealership with the neighbors and abutters. They would like a Special Permit to store new vehicles only, not used vehicles. They do not anticipate customers coming to the property. The impact on the neighborhood will be minimal and less than past uses of the property. Kelly Auto Group may visit the property to move a vehicle on or off the site. There will be no tractor trailer car carriers delivering vehicles. There will be no vehicles parked on the 128 side. They don't anticipate adding any lights to the property but they do plan on cleaning up the site. They want to use the property to offset some of the storage pressure at local dealership locations. Brian Kelly, Kelly Auto Group addressed the Board and stated he has been a property owner in Beverly since the early 70s and stated that Mr. Heney did a great job explaining their application and he is happy to answer any questions. T odd Treado, President of CPI Beverly Microwave Division (abutter) addressed the Board and stated Bomac Road is basically their driveway and when Kelly Auto Group bought the building, they had to give them an easement. The building has been underused over the last 18 years and so the building has fallen into disrepair. Mr. Treado stated he is not concerned about vehicles Page 6 of 12 coming in and out of that area and he is confident that the Kelly Auto Group will be a good neighbor and he is in support this application. Ernie Santion 28 Tozer Road stated he is located opposite of CPI on the backside of the building and he is in favor of the proposal. The backside of the building has graffiti on it and old mattresses, tires, etc. outside of it. The previous owner took down all the trees before selling the property and Mr. Santon is requesting the Board require some sort of screening. Marls McKenna, 30 Tozer Road, (30 Tozer Road LLC) addressed the Board and stated he represents the LLC and they are in full support of this proposal and he is confident Mr. Kelly will take care of the property. Dan Deangelis, 207 Brimbal Avenue addressed the Board and stated he doesn't abut the property but wanted to state that when Mr. Kelly approached abutters he stated they would put a dealership and now Mr. Kelly is just looking to park new vehicles. Mr. Deangelis stated he is concerned about sales from this location that may result in a need for a retail use. Mr. Deangelis stated lots like these are popping up all over the place, just large lots full of cars and he doesn't understand what the benefit will be to allow this and that he feels this use would diminish the value. Mr. Deangelis would like the Board to consider that the applicant may be using this as the start of something more. Mr. Deangelis asked how many cars will be allowed to be parked on this site. Atty. Heney stated Mr. Deangelis has valid concerns but as far as it is being a retail shop they are not asking for that tonight, they are asking to use the lot for storage. Atty. Heney referred to the parking plan and stated there are spaces for 109 vehicles which will mostly be out of the site of 128. If they are storing vehicles they won't need the actual marked spaces so they are planning to park about 150 cars. Mr. Kelly stated they plan to provide screening with fencing and fabric. Once they clean up the site they will plant trees to screen the neighbors. There will be a locked gate surrounding the cars. The actual building will be used for storage of furniture and records. Mr. Kelly stated they will maintain the building, the grass and the parking lot. MOTION: Ms. O'Brien moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. MOTION: Ms. O'Brien moved to GRANT the Special Permit subject to the following conditions: limited to150 cars, provide screening, no customers or car sales on site, no car carriers, evergreen screening along Tozer Road (South Side) property and no new lighting. City services are available and adequate, subject to the plans submitted and the list of conditions set forth. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, O'Brien) Motion carries. Page 7 of 12 F. Kristen Poulin on behalf of Beverly Crossing In a petition for a request for a Special Permit to install a 9.58 square foot projecting sign on the fagade of the property to identify tenant business. Sign exceeds allowable square footage of 7' per sign ordinance. The property is located at 116 Rantoul Street in the CC zoning district. Michael Dissette, Esq. Glovsky & Glovsky addressed the Board on behalf of Beverly Crossing and stated the proposed sign is larger than the maximum allowed due to the applicant trying to get as close as possible to the one other projecting sign on the building. The sign chosen is the closest they could find in size to the existing projected sign. There is only one wall sign for the other unit. The leasing office is going into the second office. Robin Feins 116 Rantoul Street addressed the Board and stated she has no idea what this sign would look like. Mr. Battistelli provided a picture of the sign. Ms. Feins stated she withdraws her objection and stated she thought the proposed sign was larger. The sign was approved by the Design Review Board. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit for the Beverly Crossing leasing office to put up a projected sign as specified in the application and approved by the Design Review Board. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. G David Jacquith, AIA on behalf of Ethan and Jessica Johnson In a petition for a request for a Finding to remove a 1 -story portion on the rear of the existing single - family residence and rebuild a family room /larger kitchen. Also expand the master bedroom and add a master bath on the second floor. The proposed work is not more nonconforming than the existing structure. The property is located at 13 Woodbury Street in the R10 zoning district. David Jaquith, AIA addressed the Board on behalf of the applicant and stated he is looking for a Finding to add onto the back of the existing house to square off the left back side as shown in `Drawing C'. The floor plan shows the proposed addition being added on as encroaching into the setback but it is in line with the property. They are adding a second floor for a master bedroom and bathroom. The plans are similar to other houses in the neighborhood. The property predates zoning. Mr. Johnson provided a signed petition from his neighbors in favor of the plans. Page 8 of 12 MOTION: Ms. Caldwell 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 Finding that the proposed addition at 13 Woodbury Street is not substantially more detrimental under Section 6. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. H. David Jacquith, AIA on behalf of Mario Tricomi In a petition for a request for a Variance to construct an addition to the rear of a nonconforming residence with a left side setback of 6' where 15' is required and a rear setback of 19' where 25' is required. The property is located at 25 Whitney Avenue in the R10 zoning district. David Jaquith, AIA addressed the Board on behalf of the applicant and stated the applicant was before the Board in 2016 and obtained a Variance for renovations. Mr. Tricomi received the building permit, started the work on the house and then changed what he wanted to do. Mr. Jaquith outlined the proposed addition. Mr. Jaquith provided the Board with updated engineer plans. Mr. Jaquith stated the Variance is necessary because the house is nonconforming and predates zoning and so the location of the house on the lot prevents adding on elsewhere. There is also a small issue with topography at the back of the house. No one spoke in favor or in opposition. Mr. Battistelli stated he thinks the revised plans are an improvement. MOTION: Ms. Caldwell 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 Variance to construct a rear addition to the nonconforming residence due to the size and shape of the lot creating a hardship, the addition will have no negative impact on the neighborhood, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 9 of 12 II. CONTINUED PUBLIC HEARINGS A. 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. Joseph Luna, Architect, addressed the Board on behalf of the applicants and stated in addition to the information that was handed out to the Board regarding the accessory apartment, they also have a letter in favor from their immediate abutter at 180 Bridge Street. Mr. Luna read the letter into the record which stated they are in favor of the plans. Mr. Luna stated at the last meeting there were questions regarding the abutter's location and Mr. Luna provided aerial photos. Mr. Luna stated they have revised the plans and pushed the addition further south so it is now 4' off the property line versus the 1 1/2' in the previous plans. They reduced the overall size from 898 sq. ft. to 796 sq. ft. They are not just adding an accessory apartment there will be additional space added to the main house. The lot is very narrow and they will have to reposition the driveway, they do not want to land lock the property. Ms. Schwartz stated a family member will live in the accessory apartment and she will live in the house with her two children. It is a family property, it will never be a two family. Mr. Battistelli stated he is pleased the Board's concerns were addressed. Ms. O'Brien asked Mr. Luna for clarification as to where the addition overlaps. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, O'Brien, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Levasseur moved to GRANT the Special Permit at 178 Bridge Street for the addition and accessory apartment, subject to the revised plans submitted to us. Second by Mr. Battistelli Votes 4 -1 (Margolis, Gougian, Battistelli, Levasseur; O'Brien opposed) Motion carries. B. 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. Michael Dissette, Esq., Glovsky & Glovsky addressed the Board on behalf of the applicant and Page 10 of 12 requested to continue the hearing to the September 2017 meeting. Ms. Caldwell read the letter from Glovsky & Glovsky into record which states the request is contingent on continuing to the September meeting, otherwise they will withdraw. MOTION: Ms. Caldwell moved to accept the request to continue the hearing to the September 28, 2017 meeting based on the conditions presented in the letter. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. III. APPEALS A. Heney & Associates on behalf Todd Main In a petition for a request for an Appeal of the issuance of Building Permit No. B -16 -1534 for the construction of a new single - family house at 12 Beaver Pond Road. The property is located at 12 Beaver Pond Road in the R45 district. William Heney, Esq., Heney & Associates addressed the Board on behalf of the applicant and requested they continue to the September 2017 meeting. MOTION: Mr. Battistelli move to accept the request to continue to the September 28, 2017 meeting. Second by Ms. Caldwell Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Tymann LLC on behalf of David Tessier In a petition for a request for an Appeal of Building Commissioner's nonaction on Request for Zoning Enforcement to revoke Building Permit No. B -16 -1534 for the construction of a new single - family house at 12 Beaver Pond Road. The property is located at 12 Beaver Pond Road in the R45 district. Thomas Alexander, Esq. Alexander & Femino addressed the Board on behalf of the applicant and requested they continue to the September 2017 meeting and stated all parties in agreement to continue. MOTION: Mr. Battistelli move to accept the request to continue to the September 28, 2017 meeting. Second by Ms. Caldwell Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 11 of 12 IV. OTHER BUSINESS A. Minutes MOTION: Mr. Battistelli moved to approve the May 25, 2017 minutes. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Margolis moved to adjourn the meeting adjourned at 10:03pm. Second by Mr. Battistelli. All in favor. Motion carried. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 12 of 12