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ZBA Minutes 1 25 2018City of Beverly Zoning Board of Appeals January 25, 2018 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. Meeting Minutes Members Present Joel Margolis, Chairperson; Victoria Burke - Caldwell; David Battistelli; Basso, alt. Jim Levasseur; Pamela Gougian; Kevin Andrews, alt.; Stefano Absent Margaret O'Brien, alt.; Others Present Leanna Harris, Zoning Board Administrative Assistant Location 191 Cabot Street, 3rd. Floor, Council Chamber Joel Margolis began the meeting at 7:05 pm. and introduced the Board members present. I. _ NEW PUBLIC HEARINGS A. Tamara & Chris DeOrio In a petition for a request for a Finding to add a second floor dormer and build a dining room/office addition with a front setback of approximately 21' where 30' is required. The property is located at 12 Goodwin Road in the R15 zoning district. Mr. DeOrio addressed the Board and stated they are requesting a Finding to add a second floor addition with a front setback of 21' where 30' is required. The existing dwelling is nonconforming. No members of the public spoke in favor or against. Mr. Battistelli asked if they were building out in any other direction and Mr. DeOrio stated 11' to the left but that portion is within the setback. Ms. Gougian asked what the increase of square footage is and Mr. DeOrio stated approximately 622 square feet. Mr. DeOrio provided two additional letters of support from abutters. Ms. Caldwell stated the plans look like it will be a nice addition and Mr. Battistelli stated it is an attractive design. Page 1 of 12 1 LJ Mr. Andrews asked if the finished ridgeline will be the same as the current ridgeline and Mr. DeOrio stated it will be slightly higher. Ms. Gougian asked what the total height will be from its lowest point and Mr. DeOrio stated it will remain more or less what it is 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. Battistelli moved to Find the addition of second story dormers and a left side addition will not be more detrimental to the neighborhood, subject to the plans submitted. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Glovsky & Glovsky o /b /o Jamey and Neal Levy, Trustees In a petition for a request for a Special Permit and /or Finding to permit the razing of a nonconforming, single family dwelling and the construction of a conforming, single family dwelling on a nonconforming lot of land. The property is located on 115 Colon Street in the R10 zoning district. Miranda Gooding, Esq. (Glovsky & Glovsky) addressed the Board on behalf the applicant and stated they are requesting a Special Permit and a Finding to allow the razing and reconstruction of an existing single family home on a nonconforming lot. The existing lot is barely an undersized lot and it only has 70' of frontage where a 100' is required. The lot is approved with a 1' /z story home. It is currently a one bedroom home with 768 sq. feet and an attached garage. The existing house is in pretty bad shape. The Levy's purchased the property last year with the intent to reconstruct it. The proposed plans are for a relatively modest home, located almost exactly on the existing footprint but it will be an extra story and it will be increased to three bedrooms. The living space will increase from 768' to 1,666' without the garage. This will not change the nonconformities of the lot but it will eliminate the side and front setback nonconformities. The new dwelling will be conforming on both sides. The height of the proposed dwelling is approximately 26'. Atty. Gooding stated this will be an improvement to the neighborhood, it will improve property values and the design will be keeping with other homes in the neighborhood. Mr. Margolis asked if they will be using the same foundation and Atty. Gooding stated they are not. Atty. Gooding provided a signed petition from abutters in favor. Page 2 of 12 1 LJ Ms. Caldwell asked how long the property has been vacant and Mr. Levy responded about four months. No members of the public spoke in favor or against. Mr. Levasseur stated the plans are a big improvement of what is there. Mr. Andrews stated it doesn't seem like they could do better to meet the current requirements, all the setbacks will be better. The builder can't do anything about the size of the lot. Ms. Gougian asked where they will park and Atty. Gooding stated in the driveway. The driveway will remain on the right side where the garage was. Ms. Gougian asked how many cars can park in the driveway and Mr. Levy stated two cars can park side by side. MOTION: Ms. Caldwell moved to close the public hearing. Second by Ms. Gougian. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Ms. Caldwell asked what the new structure will be clad in and Mr. Levy stated vinyl siding. Ms. Caldwell stated she hates the idea of replacing cedar siding with vinyl siding. Atty. Gooding stated there are great vinyl siding products available now. Atty. Gooding stated the applicant is requesting minimal relief here under an abundance of caution and she would hope the Board would approve the request without conditions. The current height of the building is about 17' so this is a substantial height increase. Ms. Caldwell stated there are house across the street that are much higher and this house isn't too big for that size lot. MOTION: Mr. Levasseur moved to GRANT the Special Permit with a Finding to raze the nonconforming house to build a new house that is not substantially more detrimental than what currently exists, based on the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. C. Brian and Christina Pescatore In a petition for a request for a Finding to approve a proposed 18.9'x 11.6' wide 3 -story addition with a 104 square foot covered porch which will be no more detrimental than the existing nonconforming two unit condo structure the addition will maintain the 97 side setback where 15' is required. The property is located at 811 Hale Street, Unit 2 in the R10 zoning district. Dan Sencabaugh, Esq. (Hurwitz, Richard & Sencabaugh) addressed the Board on behalf of the applicants and stated they are requesting a Finding to build a 3 -story addition consisting of a mudroom, master bath and expansion of the kitchen. The existing nonconformity is based on the Page 3 of 12 1 LJ 9.5' side setback where 15' is required. The proposed addition and enclosed porch will be less nonconforming and will be 10.6' from the side lot line. The existing deck will be removed. There should be no negative impact on abutters. They have received positive feedback from abutters. The structure is an existing two unit condo and will not change. The proposed addition will remain in harmony with the existing structure as well as other homes in the neighborhood. No members of the public spoke in favor or against. Mr. Battistelli stated he doesn't consider the request less nonconforming. They are lengthening the nonconformity on that side of the house. Mr. Andrews asked for confirmation that they are removing the deck and filling in that space and Atty. Sencabaugh confirmed. Ms. Caldwell stated she likes the plans and it looks like an improvement over what is there, it doesn't look out of scale. Ms. Gougian asked if the siding will be the same as what currently exists and the applicant's Architect confirmed that it will look like it has always been there. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT a Finding that the proposed 18.9'x 11.6' wide 3 -story and covered porch will be no more detrimental than what currently exists. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. D. Christopher and Emily Delisi In a petition for a request for a Special Permit/Finding to expand second story with 2 roof dormers, on a nonconforming house and lot. The property is located at 9 Puritan Road Street in the R10 zoning district. Remko Brueker ( Brueker Design) addressed the Board on behalf of the applicants and provided the Board with updated Site Plan. The existing house is nonconforming and sits on a nonconforming lot. It's a modest sized house and the applicants are looking to add about 768 in square footage. The existing house has two small bedrooms and a small bedroom upstairs. The proposed plans are for a smaller dormer on the street side and a larger dormer in the rear. The dormers meet with the existing ridgeline. The lot is 5,304 square feet. No members of the public spoke in favor or against. Page 4 of 12 1 LJ Mr. Margolis stated it is a nice looking house and Mr. Andrews stated the modifications aren't altering the existing house too much. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Mr. Andrews stated the front addition adds interest to the structure, it looks nice. MOTION: Ms. Caldwell moved to GRANT the Special Permit with a Finding that altering and expanding the property at 9 Puritan Road by adding two roof dormers is not substantially more detrimental than the existing nonconformity, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. E. Benjamin and Kathryn Garry In a petition for a request for a Special Permit to erect a 24'x26' one car 2 -story garage attached to a current nonconforming structure. The current structure is 2.17' from the left and 11.8' from the front. The proposed garage will meet the required setbacks of 15' side and 20' front. The property is located at 100 Corning Street, in the R10 zoning district. Benjamin and Kathryn Garry addressed the Board and stated they are requesting a Special Permit to build a one car two story attached garage. They currently live on the main floor and Mrs. Garry's mother lives upstairs. They will be putting an apartment in the second story above the garage and making the existing home a one family. They worked with an architect to ensure the addition matches the current home. The existing garage will be removed. They do have signatures from their immediate neighbors and provided them to the Board. The new garage will meet all required setbacks. Ms. Caldwell asked if this is a legal two family and Mrs. Garry confirmed. Mr. Nelson (12 Davis Street) stated he drew the plans and when he spoke with the Assessors office he confirmed the property has been tracked as a two family and that is how it is currently being used. The trees on the property will remain. No members of the public spoke in favor or against. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Andrews Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews) Motion carries. Ms. Caldwell asked if the house will look how the existing house looks and Mrs. Garry confirmed. Page 5 of 12 1 LJ MOTION: Ms. Caldwell moved to GRANT the Special Permit at 100 Corning Street to erect a 24'x 26' single car attached garage with an apartment above as the proposed changes are not substantially more detrimental than what currently exists. The Board imposed conditions that the existing garage and second floor galley kitchen will be removed prior to an occupancy permit being issued. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Andrews) Motion carries. F. Peter Noel and Amy In a petition for a request for a Variance to maintain the 6' high cedar fence at the current height of 6'. The property is located at 11 Woodbury Street in the R10 zoning district. Mr. Noel and Mrs. Watt addressed the Board and stated they are seeking a Variance to maintain the fence at the original 6' height that it has been for more than 18 years. There is a letter included with the application signed by neighbors in favor. They purchased the property in July of 1999 and they just replaced what was already there with new materials to improve the appearance of the property and value of their home. Mr. Noel stated they consulted with the City's website as to the guidelines pertaining to fences located on a lot line. Mrs. Watt stated after speaking with the City Solicitor the City website was updated and the fence guidelines were different. They also provided a letter from a realtor as to how the fence could affect their property. Seaward Avenue is a dead end street, there is no thru traffic, and the vast majority of traffic is from residence all of which have signed the petition in favor. No members of the public spoke in favor or against. Mr. Margolis stated he drove down there a couple of times yesterday and it's not a significant issue, there really isn't impaired vision. Mr. Andrews stated in this case it doesn't seem as though a slope of the fence is necessary, especially since it has always been that way. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. MOTION: Mr. Battistelli moved to GRANT the Variance at 11 Woodbury Street to maintain a 6' high fence without a slope located on a corner lot, the hardship being where the house sits on the lot, it will not be more detrimental to the neighborhood, subject to the plans submitted. Second by Mr. Levasseur. Page 6 of 12 Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur). Motion carries. G. Viewpoint Sign & Awning o /b /o Shore Country Day In a petition for a request for a Special Permit to install two new wall signs, one flag mounted directional freestanding sign and one new freestanding sign with an electronic message center. The property is located at 545 Cabot Street in the R10 zoning district. Lauren Cronin (Viewpoint Sign & Awning) addressed the Board on behalf of Shore Country Day and stated they are requesting a Special Permit to install two wall mounted signs, one flag mounted directional freestanding sign and one new freestanding sign with an electronic message. The two wall mounted signs on the stone walls are not illuminated. The flag mounted directional sign will help to direct shipping vehicles as to where they need to go. The freestanding sign would be replacing two existing freestanding signs. Mr. Margolis stated the Design Review Board did send a recommendation and it is included with the application. An abutter approached the Board and requested to see the proposed signs. Ms. Gougian asked if the electronic sign will turn off at night. Ms. Cronin stated the sign does have a timer. The electronic sign would be to announce events and would only change once a day. Kim Crowley, 3 Lexington Drive stated her backyard opens up to the school parking lot and so she is concerned about the brightness of the signage and what time it would turn off at night. Richard Varney, 9 Crosby Avenue stated he is also concerned about the brightness of the sign and how it blends in with the community. He would like to see the sign turned off at IOpm. He asked what the overall height from the ground will be. David Keefe, 12 Lexington Drive stated he is curious as to why the school wants to do this. It's supposed to be an elite school, its going to look more like a used car lot than a school. Mr. Keefe stated his objection is to the electronic sign, he doesn't want other businesses in that area to then request electronic signs. Mr. Keefe asked the Board to consider if this was going next to their house. Mr. Andrews stated he agrees that LED message displays can be distracting and it would be his preference to not have that aspect of the sign. Ms. Cronin asked if he would be amenable to a manually changed sign and Mr. Andrews stated he thinks that would be more attractive and look less commercial. It would still be illuminated. Ms. Gougian stated she has seen some newer electronic signs that aren't as bright and distracting. The sign at 24" is pretty modest. Page 7 of 12 1 LJ Mr. Margolis stated they will condition the intensity of the illumination and the time it turns off at night. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Basso, Levasseur) Motion carries. Mr. Basso stated they could put a condition not allowing the message to be flashing or frequently changing. Ms. Cronin stated the message would just change once per day. MOTION: Ms. Caldwell moved to GRANT the Special Permit for 545 Cabot street, the Shore Country Day school to allow the package of signage as proposed and approved by the Design Review Board in the R10 residential district on the condition the LED sign only be operational between lam - 9pm and the sign will be static in nature and that the level of lighting be the minimum required for the effective use of the sign, subject to the plans approved by the Design Review Board. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Basso, Levasseur) Motion carries. H. Alexander & Femino o/b /o Joseph Coughin In a request for a Special Permit/Finding to renovate and slightly expand the existing guest house by adding a covered patio on the first floor and extending the existing second floor dormers by encroaching 9' onto the 20' side yard setback which is less than the 10' encroachment of the existing house. The property is located at 89 West Street, in the R45 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he is here on behalf of the applicant. Jeff Lawlor is also present. There are three existing structures on the lot including a very large house on the water. The property was bought at bankruptcy by Mr. Coughlin for his own personal residence. The prior owner had been involved in fraudulent activities and the properties are in terrible shape. The `Carriage House' located on the left side as you face the property is presently 10' from the side lot line. The applicant is seeking to extend an existing dormer on the backside of the property and two within 11' of the lot line where 20' is required. There would be a covered patio under the dormer. They are looking to be 9' into the setback which is 45% - the Special Permit language in the Zoning Ordinance allows 50 %. The large house on the water is being torn down and it is Mr. Coughlin's intent to temporarily move into the Carriage House while work on the main house is being done. The property was occupied by Endicott students which may have caused some problems in the neighborhood, this is not going to be the case. These are very prestigious plans being proposed. Page 8 of 12 1 LJ Atty. Alexander stated there was a communication received by the Board of Health indicating that this property was on a septic system and so it should either have a Title V or be connected to the City sewer system. The property was connected to the sewer system in November and the Board of Health came out and inspected the site and they do have the signed permit. Atty. Alexander stated this proposal is within the 50% requirement under the Zoning Ordinance governing Special Permits. This is an appropriate location for this use as a single family, characters of adjoining uses will not be affected, the design is well done and should be a very good addition to the neighborhood, there is no evidence that property values will be negatively affected, no undue traffic or nuisance will be created, there are adequate and appropriate facilities, it will be constructed with present zoning code, there are no valid objections from abutting property owners. Jasmine Vartikar, 93 West Street requested to look at the plans and stated she doesn't know how this will affect their house. Mr. Margolis asked how many dwelling units will be on the property when renovations are completed and Atty. Alexander stated there will be three dwelling units as there are now. Ms. Gougian asked if the main house will be a single family home or will it eventually be turned into condos and Atty. Alexander stated it will be Mr. Coughlin's house. Both the dwellings at the street level and above the garage will be rentals. MOTION: Mr. Levasseur 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 a Special Permit for 89 West Street to renovate the Carriage House by adding a covered patio on the first floor and extending the existing second floor dormers by encroaching 9' onto the 20' side yard setback and a Finding that changes are not substantially more detrimental than the existing structure, subject to the plans submitted. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. L Hazel Wood Hopkins o /b /o CVS PHARMACY In a petition for a request for a Special Permit to install/replace nonconforming wall and window signs. The property is located at 19 Dodge Street in the CG zoning district. Heather Dudco (National Sign Corporation) addressed the Board on behalf of the applicant and requested to replace /install window signs. The main entrance does not face Dodge Street. The current window signs are currently illegal and will be removed. The applicant stated they Page 9 of 12 1 LJ are requesting to permanently display four signs advertising that the store is open 24 hours and there is a Minute Clinic. Ms. Dudco read a letter from CVS to the Board regarding the request and plans for exterior renovations. The signs will be behind the window, inside the store and will be internally illuminated. The signs labeled 1, 2, 3 are the right side signs facing the parking lot. CVS Pharmacy's new branding is to remove signage from the exterior of the building and put signage in the windows. Ms. Gougian stated the larger sign is sufficient, its directional and there doesn't need to be advertisements. Mr. Levasseur stated it's a store, they need to attract people. The Board discussed going against the Design Review Board's recommendation. No members of the public spoke in favor or in opposition. Mr. Andrews stated they are requesting small signs facing a parking lot. Mr. Basso agreed and stated it is not like the signs are facing the sidewalk. MOTION: Ms. Caldwell moved to close the public hearing. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Andrews, Battistelli, Levasseur) Motion carries. MOTION: Mr. Andrews moved to GRANT a Special Permit for CVS Pharmacy located at 19 Dodge Street to allow one sign facing Dodge Street and two other signs facing the parking lot as well as four illuminated window signs with the condition that CVS remove all other signs, subject to the plans approved by the Design Review Board. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Andrews, Battistelli, Levasseur) Motion carries. II. EXTENSION REQUEST A. 586 Hale Street LLC /64 Thissell Street Original Request 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 setback8 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. Page 10 of 12 O argolis recused himself. No members of the public spoke in favor or against. MOTION: Mr. Battistelli moved to approve the request for the six month extension at 586 Hale Street /Thissell Street for the Variance approved February 2017. Second by Ms. Caldwell. Votes 5 -0 (Andrews, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. III. MODIFICATION REQUEST A. Philip Brienze Original Request In a petition for a request for a Finding to add a second floor onto an existing nonconforming structure and a Variance to build a two story deck with a rear setback of 19' where 25' is required. The property is located at 64 Winthrop Avenue in the R10 zoning district. Lisa McGloin, Esq. (McGloin & Associates) addressed the Board on behalf of Mr. Brienzi and requested a Minor Modification. When construction started and the walls were opened, three out of the four walls were rotted. Mr. Brienzi is requesting to amend the Decision to state the replacement of 3 out of the 4 walls. The work has been completed, the plans were approved and the Building Inspector has been in. MOTION: Ms. Caldwell moved to approve the Minor Modification as requested. Second by Mr. Battistelli. Votes 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. IV. CONTINUED PUBLIC HEARING A. Handly & Cox on behalf of Vincent Orlando In a petition for a request for a Variance, Special Permit and a Finding to construct three additional semi - detached residential dwelling units with related dimensional relief. The property is located 34 Beckford Street in the RMD zoning district. Marshall Handly, Esq. (Handley & Cox) addressed the Board on behalf of the applicant and stated at the November 2017 hearing, the Board reached a consensus to consider revising the plans with one fewer unit. The revised plans eliminate the nonconformity, parking issues and make for a much more appropriate project for the site. Mr. Handly stated he spoke with the Building Inspector who was under the impression that the side yard setback that Mr. Handly was referring to is actually a rear setback which now makes the plans conforming. The setback is increased from 3' to 5 as well as overall greenspace. Parking is sustained within the lot and the units all have their own private yard space. Snow will be removed off site and trash and Page 11 of 12 1 LJ recycling will be located behind each unit. The applicant is requesting relief on the front setback. They need a Finding to add three feet to the garage. No members of the public spoke in favor or in opposition. Mr. Jaquith reviewed the revised plans for the Board. Ms. Caldwell stated she likes the revised plans and the landscape plan. Ms. Caldwell asked what the building will be clad with and Mr. Jaquith stated hard plank. MOTION: Mr. Levasseur moved to close the public hearing. Second by Mr. Andrews. Votes 5 -0 (Margolis, Caldwell, Gougian, Andrews, Levasseur) Motion carries. MOTION: Ms. Caldwell moved to GRANT a Variance for 34 Beckford Street for the lot size required for 4 semi detached units where 14,000 feet is required, the existing lot has 9,200 feet and also a Variance for the requirement for the side setback on Mill Street, based up the revised plans submitted dated January 11, 2018 based upon the hardship of the shape of the lot and the position of the existing two family structure on the lot and a Special Permit/Finding to add 3' to the existing garage, subject to the revised plans submitted dated January 11, 2018. Second by Mr. Levasseur. Votes 5 -0 (Margolis, Caldwell, Gougian, Andrews, Levasseur) Motion carries. V. OTHER BUSINESS Minutes MOTION: Mr. Andrews moved to approve the Minutes from the November 30, 2017 meeting. Second by Ms. Caldwell. All in favor. Motion carries. Adjournment MOTION: Mr. Levasseur moved to adjourn the meeting at 9:45 pm. Second by Ms. Caldwell. All in favor. Motion carries. Page 12 of 12