Loading...
ZBA Minutes 10 26 2017l City of Beverly Zoning Board of Appeals October 26, 2017 at 7:00 pm 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. Meetine Minutes Members Present Joel Margolis, Chairperson; Victoria Burke - Caldwell; David Battistelli, Jim Levasseur; Pamela Gougian; Kevin Andrews, alt.; Margaret O'Brien, alt. Others Present Steve Frederickson, Building Commissioner Leanna Harris, Zoning Board Administrative Assistant Location 191 Cabot Street, 3rd. Floor, Council Chamber Joel Margolis began the meeting at 7:00 pm. and introduced the Board members present. I. CONTINUED PUBLIC HEARINGS A. Heney & Associates on behalf of 4 Bomac Realty, LLC In a petition for a request to consider the application in regard to 4 Bomac Realty, LLC requesting a Variance in accordance with Chapter 300, Article VII, S. 300 -42 to use the property as an Automotive Retail location. The property is located at 4 Bomac Road, Beverly, MA in the 1R zoning district. William Heney, Esq. (Heney & Associates) addressed the Board and stated Kelly Auto Group is looking to put an auto retail dealership at this location. They have support from several abutters. Atty. Heney provided an overview of the information they presented to the Board at the August 24, 2017 meeting. Based on the discussion that night, Atty. Heney stated he believes the Board is in agreement that the lot has - special circumstances specifically the shape of the - lot, its location on a dead end private road, unusable frontage on Route 128, wetlands on the southerly side and there are two easements located on the lot. The Kelly Auto Group does plan to help clean up the contaminated soil on the site and ship it off to Indiana. The proposed building will be 23,000 sq. feet, which is much smaller than the existing building. This new building will be built to code and much more useable, the present building is functionally obsolete. The Kelly Auto Group feels strongly that this site is appropriate for a dealership, they believe no undue traffic will be created, and there are adequate facilities. Atty. Heney provided an overview of the revised plans submitted to the Board. Page 1 of 11 Brian Kelly (Kelly Auto Group) addressed the Board and stated they tried to address all the issues presented at the last meeting. They have since talked with the neighbors and councilmen. Having visibility on Route 128 is important to them. This building will cant' the same landscaping character as their Volkswagen dealership in Danvers that has won awards. The dealership pays above minimum wage. There are many white collar and blue collar jobs at their facilities and everyone who works in their dealerships does very well. Mr. Kelly stated they represent the community well, they sponsor many events and they try to be a good neighbor. They like doing business in Beverly and they would like to stay in this community. Mr. Kelly stated that the size of the flag would be in proportion to regulated standards associated with that specific size flag pole and the flag will not be oversized. Mr. Kelly stated they would be replacing the current retaining wall on the Tozer side of the lot and eliminate the existing driveway that currently goes from the lot to the Tozer Road parking lot. Paul Herrick, 18 Bayview Avenue Mr. Herrick stated he is in strong support of this project and he thinks it will be good for Beverly. It's a pleasant looking site and he stated the Board should give it consideration. Scott Houseman, Ward 4 Councilor Mr. Houseman stated he is not speaking in favor or against the petition he just wants to discuss a few factors. Retaining jobs is good for the City and it will provide additional tax revenue. The prior owner of this property did try to get other types of manufacturing development in the building which he stated he would have preferred versus a retail site. Mr. Houseman stated the written application submitted referenced Site Plan review and based on his reading of the Zoning Ordinance, this building does not meet the threshold to require a Site Plan review. Mr. Frederickson confirmed that they are not required to go through Site Plan review based on the size of the proposed building. Donald Martin, Ward 5 Councilor Mr. Martin is concerned that if the Board approves this request that adjacent properties could be put on the market and another new owner could come before the Board with another hardship requesting a use Variance for another dealership. It is a great location and he is concerned other dealerships will want to relocate there. Euplio Marciano, 141 McKay Street Mr. Marciano stated he is neutral on this request but they have been losing a lot of commercial property on Rantoul Street and other areas. Every student in the Beverly school system costs taxpayers $ l Ok. Commercial property is a win -win as far as bringing revenue to the City. Mr. Battistelli asked Mr. Martin if he has heard from abutters and Mr. Martin stated not very many. Mr. Martin stated he feels as though no one knows the full impact of what Whole Foods is going to bring, they are projecting 30,000 more car trips each week. Mr. Levasseur stated he thinks the location is perfect for a dealership and the photos they received today look great and will be a significant improvement. Mr. Levasseur stated Mr. Kelly has been a good Beverly neighbor and he doesn't want jobs to leave the City. Page 2 of ] 1 F 1 7 1 7 a-- @J Ms. Gougian is concerned about the height of the proposed building. The architect responded that the proposed building height will be 22' but there is a standard curved arch that is approximately 30' high. Ms. Gougian asked if there will more paved area than what is there now. Atty. Heney showed on the plan where the retaining wall will go which will give them an additional 15' of flat space. Green space will be added throughout the site. Ms. Gougian asked who is responsible for maintaining Bomac Road since it is a private way. Atty. Heney stated it is a shared responsibility among property owners along Bomac Road. Mr. Margolis stated he would like to condition the Variance that no `sale' signs will be put up. The Board discussed the size of flags used at other dealerships. Mr. Kelly stated he doesn't see any other dealerships going in that area and explained that there are territories. Mr. Kelly stated he looked all over Beverly and there isn't any where else for him to move the dealership to. Ms. Gougian asked for information on drainage of the site and also asked if there is hazardous waste on the site now. The Architect stated Varian is in the process of cleaning it up now. Contamination is funneling through the underground flumes. The Board discussed the height of the pedestals /pads being used to highlight cars. Mr. Battistelli stated he would like to see both the height and amount conditioned. Mr. Margolis asked what the height of the Ford sign will be and if it will be lit. Mr. Kelly stated Ford offers a few different sign designs to choose from. MOTION: Mr. Levasseur moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. Ms. Gougian asked for confirmation that the site is designed to hold around 109 vehicles and Mr. Kelly stated it is designed for 217 vehicles. Mr. Kelly stated there will be a storage lot to park inventory at another location. Mr. Kelly went over the plan and specified what types of cars would be parked where as far as inventory, employees, customers, service vehicles, etc. Ms. Caldwell stated on the plans submitted the retaining wall is `proposed' and she would like to see the retaining wall as a condition. MOTION: Ms. Caldwell moved to GRANT the use Variance for 4 Bomac Road the hardship being the soil conditions and environmental issues associated with the lot subject to the following conditions: (1) the pedestals will be limited to four up to 4" off the grade; (2) any single flag pole will be no more than 60' high; (3) retaining wall as shown on the plans will be included, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. Page 3 of I1 r B. John Keilty, Esq. on behalf of Votto Properties, LLC In a petition for a request for Special Permit to allow for the demolition of an existing structure and construction of a new single family residence. The property is located at 126 Lothrop Street in the R6 zoning district. John Keilty, Esq. addressed the Board and stated they have tried to embrace all of the concepts people have been offering. Atty. Keilty distributed updated plans as well as pictures that reflect the appearance of existing surrounding properties. At the last meeting there were concerns regarding the overall mass of the proposed house. They have removed the garage underneath so now the building is below grade. The mechanical room and storage will be located in that area. The cars will now be parked in the existing driveway. Brigitte Fortin, AIA has revised the plans to better emulate the other houses in the neighborhood with gables, a front bay window and a Juliet balcony to take advantage of the views of Dane Street beach. The plans have reduced the house fiom four bedrooms to three bedrooms and they have eliminated the two car garage. The top peak has been shrunk and so there are fourteen surrounding houses that are higher than that peak. The proposed plans are lower than what is allowed by right and they are significantly lower than the existing structure. Atty. Keilty stated Bob Griffin, Engineer has provided a new plan that depicts where they are in relation to the existing structure. The existing footprint is 1,059 and they are down to 964 square feet. Mr. Margolis asked if there is a comparison overlay from last month to this month. Mr. Griffin reviewed the differences on the plans and also where the parking will be located. Mr. Margolis asked if they have consulted with the neighbors since the last meeting and Atty. Keilty stated they have not. Ms. Gougian asked about drainage and Mr. Griffin stated they will be about two feet higher which will allow for drainage out the back. Mr. Andrews asked if there are wells around the basement windows and Ms. Fortin stated they are just really short windows. Ms. O'Brien asked about the two rear doors and Ms. Fortin stated one door goes to the basement and one goes to the kitchen. There is access to the basement from the first floor as well. Ms. Gougian asked how many feet it is from the basement door to the property line and Ms. Fortin stated it is about 7'. The closest point the house comes to the property line is 4.4' at a small point. Jean Ferrara, a tenant in an abutting property is concerned about drainage from the back of the property filling up the driveway behind the house. Ms. Ferrara currently has a problem with water now and if they are going to drain that way and it will be worse. Page 4 of 11 _Toni Musante, 12 Willow Street Ms. Musante stated there has been no discussion with neighbors as the Board recommended so they haven't been able to review anything. Although the height is improved they are now concerned about the basement since they do have flooding in that area. There will be water pumping out of that basement on a sunny day. There is a clay pipe that runs behind all the yards down Willow Street towards Dane Street beach and that pipe is broke somewhere along the way and it hasn't been fixed. Ms. Musante stated the City has never done the check valve. When there is a big storm the whole area floods, they have lost cars there before. She has 3 storm drains on her property. Ms. Musante stated the prior owner knew about the engineering issues as far as drainage. Mr. Margolis stated that while he thinks they did a good job reducing the building he is disappointed they did not meet with neighbors to review the revised plans. Mr. Margolis suggested meeting with the neighbors to go over the plans. The drainage plans also need to be addressed. Mr. Griffin reviewed the drainage plan for the proposed plan. The roof area will be tied into the City drains, which doesn't happen now. In addition, they can also create foundation drains that tie into the City drains. Mr. Margolis recessed this application so the neighbors could review the plans. Upon return, Mr. Keilty thanked the Board for the opportunity to meet with the neighbors. Ms. Musante stated she is still concerned about drainage and she would like the pitch of the driveway written into the Decision as well as mandating they connect to the storm drains. The applicant will also check with City Engineering regarding the clay pipe. MOTION: Mr. Andrews moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Andrews, Battistelli) Motion carries MOTION: Ms. Caldwell moved to GRANT the Special Permit to allow the demolition of the existing structure and the construction of a new single family residence subject to the revised plans submitted with the following conditions: (1) the driveway will be pitched in such a way that it drains to Lothrop Street; (2) they will connect the drains and sump pump to the City storm drains; (3) they will consult with the City Engineer regarding the clay pipe running through the property. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Andrews, Battistelli) Motion carries Page 5 of 11 111 'ff C. Alexander & Femino on behalf of 68 Dane Street LLC In a petition for a request for a Finding /Special Permit to allow the substitution of the legally pre- existing nonconforming twenty unit rooming house use with six new two bedroom units to be constructed within the existing building footprint and for the most part within the existing building envelope, except for a approximately 719 sq. ft. addition to the rear of the building above the existing second floor flat roof. The property is located at 68 Dane street in the R -6 zoning district. MOTION: Mr. Battistelli moved to continue the petition to the November 30, 2017 meeting, subject to signing the Waiver and Agreement. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli) Motion carries. II. NEW PUBLIC HEARINGS A. Virginia Garland In a petition for a request for a Special Permit to add a second story to an existing ranch dwelling to convert single family home to a 2- family. The property is located 28 Thorndike Street in the R6 zoning district. Virginia Garland addressed the Board and stated and she is requesting a Special Permit to build a second floor to ensure financial stability so she can remain in her home. The intent is two make it a two family, income bearing home. Ms. Garland provided to the Board 9 signed letters from neighbors in support of this request. Ms. Garland stated she loves the neighborhood and she is located walking distance to both downtown and to the ocean. The addition will not go outside of the existing footprint and they will keep the house with the style of the neighborhood. Most of the neighbors are already multifamily. It is a corner lot with frontage on two streets. Claudia Brown, 27 Thorndike Street Ms. Brown lives directly across the street from the applicant and stated Ms. Garland is the best neighbor you could ask for she has great taste and her home is well maintained inside and out. Ms. Brown stated she knows if all the neighbors_ could be here to support Ms. Garland they would be. Ms. O'Brien asked if the addition will be side by side and Ms. Garland stated it will be two levels, garden style. Rough drawings were submitted to the Board but Ms. Garland stated they will obtain more detailed plans from an Architect if approved. Ms. Caldwell stated she thinks the house would actually look better with a second story. Mr. Battistelli stated he thinks the charm of the neighborhood is that there are single family homes mixed in. Mr. Margolis stated the finished house will look more like a single family colonial. Page 6 of 11 There is adequate area on the property for parking. There currently three parking spots so they will need to create a fourth spot to accommodate the R6 parking requirement. MOTION Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries. MOTION: Ms. Caldwell moved to GRANT the Special Permit based upon a Finding that the petition to add a second story and a second unit is not more substantially detrimental than the existing structure, subject to the revised plans. Second by Ms. Gougian. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries. B. Richard Perreault In a petition for a request for a Finding /Special Permit to renovate existing structure to add 3.5' to existing sun porch which will remain in within the 25' setback required. The property is located at 6 Hopkins Avenue in the R6 zoning district. The addressed the Board and stated they are proposing to construct a sun porch in the rear of the property where a closed in screen porch currently exists. Mr. Perreault stated they are replacing an existing structure that is in disrepair and so they are looking to replace it with a four season room with a deck on top that will tie into an existing deck. The design will maintain the look and feel of the neighborhood. The only change is to move the structure out 3.5' but it will stay within the 25' setback. They. are moving the spiral staircase to the driveway side. The neighbor at 4 Hopkins Avenue requested they use a portion of the deck as a container garden to act as a buffer from their property. Mr. Perreault submitted a letter from the abutter at 4 Hopkins Avenue. There are no changes being made to the front of the house. Stephanie Williams, 4 Hopkins Avenue Ms. Williams stated she is in support of the project and they applicant has been great in speaking with them. They are in agreement to move the spiral staircase to the south side of the deck and to add the container garden. Mr. Andrews asked if the spiral staircase is required as an egress and Mr. Perreault explained it is for easier access since the current access to the deck is through a second bedroom. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, O'Brien, Caldwell, Levasseur, Battistelli). Motion carries. Page 7 of I 1 M MOTION: Ms. Caldwell moved to GRANT the Special Permit and make a Finding that the proposed changes to the petition 6 Hopkins Avenue is not substantially more detrimental than what is existing, subject to the plans submitted and as modified by moving the staircase to the opposite side of the driveway and the following condition: At the northeast end of the second floor deck area there shall be a buffer area that is no less than 5.3' from the edge of the deck facing the abutters at 4 Hopkins Avenue. Said buffer may be used only for maintaining a garden or vegetation or for storage. Storage shall not exceed 4' in height (i.e., shall not extend above the height of the railing). The intention being that there shall not be active use of the deck within the 10' side yard setback. Second by Ms. O'Brien. Votes 5 -0 (Margolis, O'Brien, Caldwell, Levasseur, Battistelli). Motion carries. C. Andre Ebersole In a petition for a request for a Special Permit to add a partial 2 nd and 3` floor addition to nonconforming dwelling with a front setback of 18.4' where 30' is required. Addition will be no closer to front setback than existing building. The property is located 139 Standley Street in the R1 zoning district. Mr. Ebersole addressed the Board and stated him and his wife have four children and they would like to expand the house to add additional rooms. They have - been here for three years and they love the neighborhood and they are involved in the community and they would love to stay in the house. Mr. Ebersole stated his two abutting neighbors are in favor of the project. The architect from Brueker Design addressed the Board and stated it is a pie shaped corner lot with two abutters. There is one other house across the street on Essex Street. Directly across the street a parking lot and a wetlands area. It is currently a modest 1 1 /2 story house and they would like to expand the second floor on the existing footprint to add a master bedroom area and a laundry area. They would like to move the stairs to get up to a sitting room/office as well as a roof deck. The current house is very simple in character and trim. It doesn't necessarily relate to any other house in the neighborhood so they would like to add some character /interest on the front fagade by using a different type of building material. The total height is 31.6. No one spoke in favor or in opposition. Ms. Caldwell asked if the existing stiucture will be re -sided and the Architect stated parts of it. Mr. Ebersole stated the goal is to re -side the whole house and he would like to do that as part of this project. Mr. Margolis stated the house is very visible from the street and he wishes he liked the design better. Ms. Caldwell stated it is an improvement on what is there. Page 8 of 11 3 MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries. The amount of asphalt on the lot was discussed. Ms. Caldwell stated she would love to see green space behind the house. MOTION: Ms. Caldwell moved to GRANT the Special Permit at 139 Standley Street to construct an addition as the addition is not substantially more detrimental than the existing structure, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries. D. Beverly Crossing In a petition for a request for a Special Permit to install 9 temporary marketing banners on buildings primary and secondary facades ranging in size from 27 square feet to 332 square feet for marketing and lease up period to expire June 30, 2019. Install 9 temporary construction fence scrim panels 29 square feet each to expire June 15, 2018. Install 1 permanent building blade sign that is 9 square feet and exceeds the allowable area of 7 square feet. The property is located 480 Rantoul Street in the CC zoning district. Michael Dissette Esq. (Glovsky & Glovsky addressed the Board on behalf of the applicant. Kristin-Poulin was also present, as the Manager of Beverly Crossing. The applicant is requesting temporary signs displayed over two phases to provide the building's identification during the construction phase and then temporary signs during the leasing stage and then a permanent sign. The Design Review Board issued an approval and recommendation. Atty. Dissette distributed copies to the Board. The Phase I construction period would be through February 2018 and the leasing period would be March 1, 2018 through June 15, 2019. The Design Review Board has requested the leasing period temporary sign end on December 31, 2018. Atty. Dissette reviewed the proposed sign designs and stated the sizes of the signs and scrim being requested in comparison to what was approved at 131 Rantoul Street by this Board is considerably less. Ms. O'Brien asked if these temporary signs would come down sooner than requested if they meet their leasing capacity. Atty. Dissette confirmed they would. Mr. Battistelli asked how many units are per building and how long it takes to lease out to capacity. Ms. Poulin stated it took about six months to fully lease out 131 Rantoul Street. Page 9of11 Virginia McHale 495 Rantoul Street Ms. McHale stated she would like more information on the size and amount of the signs. Ms. McHale questioned the need for nine banners and stated the building itself is overwhelming without the banners. Ms. McHale stated she has lived at her house for 54 years and she has seen many changes and many people are unhappy with it. Ms. Poulin stated the final sign will be very small and provided an overview of the timeline of the proposed signs. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries MOTION: Mr. Levasseur moved to GRANT the Special Permit for 480 Rantoul Street to install 9 banners in three phases based on the recommendations of the Design Review Board, subject to the plans submitted and as approved the Design Review Board. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries MOTION: Ms. Caldwell moved to GRANT the Special Permit with respect to the permanent final sign as approved by the Design Review Board and subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries E. Theodore Smith In a petition for a request for a Variance to build a 6'x8' roof over an existing porch with a front setback of 11.7' where 20' is required. The property is located 15 MacArthur Road in the R10 zoning district. Theodore Smith addressed the Board and stated he is requesting relief for the frontage setback to build a roof over an existing front porch. Mr. Smith stated he spoke with some of the neighbors and there isn't any objection and there is no obstruction of views. Glenn TeM 13 MacArthur Road stated he has no issues with the request and he is happy he is cleaning up the property that has been in disrepair. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries Page 10 of 11 MOTION: Ms. Caldwell moved to GRANT the Variance at 15 MacArthur Road to place a 6'x8' roof over an existing porch based on the hardship of the shape of the lot and the position of the existing structure, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries III. OTHER BUSINESS A. Scrivener's Error —12 Beaver Pond Road MOTION: Ms. Caldwell moved to revise the wording of the Motion written into the Decision regarding 12 Beaver Pond Road as follows: "A Motion was made by Ms. Caldwell to reverse the decision of the Building Inspector and Grant the appeal. Mr. Levasseur seconded the Motion. The Motion failed 2 to 3. (Levasseur, Gougian in favor; Margolis, Caldwell, Battistelli, opposed)." Second by Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries B. Minutes: MOTION: Mr. Andrews moved to approve the Minutes from September 2017 with the revised change regarding 12 Beaver Pond as voted on. Second Mr. Battistelli. Votes 5 -0 (Margolis, Gougian, Caldwell, Levasseur, Battistelli). Motion carries MOTION: Mr. Levasseur moved to adjourn the meeting at 9:48pm. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 11 of 11