Loading...
ZBA Minutes 6 28 2018City of Beverly Zoning Board of Appeals June 28, 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, Pamela Gougian, David Battistelli, Jim Levasseur, Stefano Basso, alt. Members Absent Margaret O'Brien, alt., Kevin Andrews, alt. Others Present Leanna Harris, Zoning Board Administrative Assistant Location 191 Cabot Street, 3rd. Floor, Council Chamber Mr. Margolis began the meeting at 7:00 pm. and introduced the Board members present. I. NEW PUBLIC HEARINGS A. Donald Delorev In a petition for a request for a Finding or in lieu of a Finding, a Variance to add a second floor above an existing attached garage with a left side setback of 1.7' where 10' is required. The property is located at 17 Bow Street in the RED zoning district. Donald Delorey addressed the Board and stated the space is already being used as living quarters but he would like to formalize it and add a second floor and stairwell and continue to use it as a two family. The existing garage will be connected to the house and be used as part of Unit 2. The addition would be going straight up. Mr. Delorey clarified the location of the existing deck and stated it complies with setbacks. Ms. Caldwell asked how large each unit will be and Mr. Delorey stated the second floor unit will be about 1,800 square feet and the first floor unit will be between 1,100 -1,200 sq. feet. There will be six onsite parking spaces. No one spoke in favor or against. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. Page 1 of 9 MOTION: Ms. Caldwell moved to GRANT a Finding that the proposed plan to renovate and go up one story on an existing garage is not more substantially detrimental to the neighborhood than the existing structure pursuant to Chapter 40 § 6 and subject to the plans submitted. Ms. Gougian seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries. B. Melissa Rocheville -Shea In a petition for a request for Variance to allow a 15' above ground swimming pool with deck in the front yard. The property is located at 672 Cabot Street in the R -10 zoning district. Melissa Rocheville -Shea addressed the Board and stated she has a pork chop lot where the side yard is actually the front of the house. Ms. Rocheville -Shea is requesting to extend the existing deck and put a pool in the front yard of her property 8' off the property line. The property is set back from Cabot Street and has a house in front of it. The hardship is there is no other spot on the lot to put the pool or the deck. What is actually the side yard is a graveled driveway and what would be behind the house are wetlands. The pool is not visible from the street. The neighbors are in favor of this request. Ms. Rocheville -Shea submitted a letter from an abutter in favor of the request. Ms. Caldwell read the letter. Wayne Smith, 678 Cabot Street Mr. Smith stated it is a pork chop lot without a front yard and he is the only neighbor who can see the yard and her pool and he is ok with it. Thomas Walsh, 672 Cabot Street Mr. Walsh stated his house is directly in front of Melissa and you can't see her house when you drive by. Susan Marshall, 676 Cabot Street Ms. Marshall asked how high the deck will be and Ms. Rocheville -Shea reviewed the drawing. Ms. Marshall stated she is in favor of the pool and the deck. Ms. Gougian asked how high the deck is and Ms. Rocheville -Shea explained it goes around the pool so it will be less than four feet high, the pool is sunk down. The fence around the yard is 6' MOTION: Ms. Caldwell moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries MOTION: Ms. Caldwell moved to GRANT the Variance based on the size and shape of the pork chop lot to allow the construction of a pool and a deck in the front yard, based upon the plans submitted. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries Page 2 of 9 6 C. Cathleen Warren and Daniel Linke In a petition for a request for Variance to construct a side 2 -story addition with a rear setback of 15' where 25' is required and a front setback of 13' where 20 is required. Addition will be closer to the property line than the existing house. The property is located at 11 Boyden Avenue in the R -10 zoning district. Cathleen Warren addressed the Board and stated they have a Dutch colonial with a bump out sunroom and they would like to bring the second floor out over the sunroom and the bump out and they are requesting a Variance from the setbacks. Ms. Warren stated their family has grown since they bought the house in 2007 and it is really tight for four people and a dog. They have one upstairs bathroom and so if they can get the 400 sq. foot addition it would allow them to have a one and a half bathroom and another substantially sized bedroom to give each kid their own room and allow them to stay in their neighborhood. Ms. Warren stated there is no where else to put the addition, behind the house is their driveway, they can't go out the front and the only direction they can go is to the right. The addition keeps with the style of the neighborhood. No one spoke in favor or against. Mr. Stefano stated it is a good - looking addition and Ms. Caldwell agreed that the plans look very nice. MOTION: Mr. Basso moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso) Motion carries. MOTION: Ms. Caldwell moved to GRANT the Variance at 11 Boyden Avenue due to the hardship of the size and shape of the lot and the position of the existing structure, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Basso) Motion carries. D. Justin and Cortney Negrotti o/b /o Channel Marker Brewing LLC In a petition for a request for Variance to the Zoning Ordinance definition of a "tasting room" as consisting of no more than 33% of total square footage where 672 sq. ft will be designated as a tasting room out of 1042 sq. ft. The property is located at 95 Rantoul Street, Unit 102 in the CC zoning district. Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board and stated three managers and the applicant are present as well as the architect. The applicants are seeking a Variance from the definition of a "Tasting Room" specifically from its limitation of 33% of the total operation. The brewery will be located at the Porter Mill. It is the former location of a wine bar where the tasting room floor area was larger than what is being requested. The total space is 1,042 sq. feet and if they stay within the restriction they will be limited to about 12 seats. This is a historic building and has an irregularly shaped space that includes an interior window. Within this space Page 3 of 9 s are also several structural columns they need to work around. They applicants are requesting to expand the tasting room size restriction to 64% (672 sq. ft with 44 seats) of the space. Interior wall space will be offered to local artists to display their art. They have received their Federal Brewer's license and are in the process of obtaining their Massachusetts State Brewer's license. They will then apply for a pouring license from the City. Atty. Dissette submitted to the Board a petition of 21 signatures and 5 letters in support of this application. The Business Plan is to operate 3 days a week, Friday 4 -1Opm, Saturday 12 -1Opm, Sunday 12- 6pm. Deliveries are expected about once a week by a medium sized box truck and there is parking on street and in a nearby lot. Brian Stein, Architect (Siemasko & Verbridge) reviewed the plans. Ted Richard, Trustee of the Creative Space Condo addressed the Board and stated the Association believes this brewery will be a fun and welcomed addition to the building, neighborhood and City. The brewers are highly recommended by Chives Catering. The Association was contacted by several potential tenants (nail salons, consignment shops and tattoo parlors) but chose this tenant because they felt they would become a great addition. Leo Murphy, 27 Fayette Street, Unit 303 Mr. Murphy stated he is not for or against the application. Mr. Murphy stated he is a resident in the building and he is speaking for himself, not the HOA. Parking is an absolute disaster in that area, whatever decision made tonight will affect their quality of life with respect to parking. The area is congested and you can't get into or out of the area. It is a constant battle to find a parking space so he can go to bed at night. Mr. Murphy stated things need to be clarified as far as parking. Mr. Murphy stated there are no restrictions preventing people from entering other parts of the building. Mr. Margolis stated unfortunately it's just that area, no matter what business goes in there, parking may be an issue. Tim Corcoran (Channel Marker Brewery) addressed the Board and apologized to Mr. Murphy for feeling as though he wasn't included. They held a community meeting last week where the plans were presented and he apologizes if Mr. Murphy didn't receive that notice. Ms. Gougian asked what is the maximum occupancy allowed and Atty. Dissette stated they will have to abide by the fire code. Atty. Dissette stated they also need to abide by the rules of the condo association. Mr. Battistelli stated they need to put restrictions on public access to /from the tap room. Ms. Gougian asked about drainage and ventilation due to brew space odor. Jacob Crandall (Channel Marker Brewery) stated they plan to have a 15' trench drain in the middle of the brewing operation area and the floor will be sloped down so that all drippings will Page 4 of 9 r be into this drain and out of the building. There will be an intake /outtake exhaust and they plan to use electric equipment so there are no gas fumes or gas lines. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries Mr. Battistelli stated they can't be held to the 33% restriction, they wouldn't have a viable business. Ms. Gougian asked if they will serve food and they stated no, people can be bring in their own. MOTION: Ms. Caldwell moved to GRANT the Variance from the definition in Section 300 -5 tasting room and allow Channel Marker Brewery to open a brewery tap room and designate a tasting area greater than 33% due to the hardship of the size and shape of the historical unit, based on the plans submitted with a condition that the tap room maintain open to the public hours: Friday 4 -1Opm, Saturday 12 -1 Opm and Sunday 12 -6pm Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries E. Alexander & Femino o/b /o Carmen and Carol Marciano In a petition for a request for a Special Permit/Finding to allow a single story 12.2'x 24' addition for a new kitchen and dining room on the back of the existing house that will occupy more than 25% of the existing footprint of the house which is nonconforming as to the front yard setback. The property is located at 18 Trask Street in the R45 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he is representing the owners who hold this property in a family trust. Mr. and Mrs. Marciano own a portion of the property and a portion is owned by David and Nancy Marciano. The parties are seeking to put a one story rear addition. The front of the house is only 14' from the street, current zoning requires 30' from the street. The proposed rear addition would be 103' from the rear lot line that is shared with Cherry Hill Industrial Park. The property is 89' from one side lot line and 29.5' from the other side lot line, where 20' is required. It conforms with zoning setbacks, the addition is in harmony with the zoning ordinance, it allows for reasonable expansion of this property, it does not adversely affect the neighborhood, it's an appropriate location for this use, it's a residential use in a residential zone, there are adequate City facilities and it will not create any nuisances. It's not any more nonconforming than the existing house. There are 8 neighbors who have signed a petition in favor of the addition. No one spoke in favor or against. MOTION: Ms. Gougian moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries Page 5 of 9 L - M 1 -� � I I 1 3 MOTION: Mr. Levasseur moved to Grant a Special Permit at 18 Trask Street to build a rear single story addition, it does not encroach into any of the rear or side set backs and it is not detrimental to the neighborhood, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries F. Alexander & Femino o/b /o Benco LLC In a petition for a request for Variance to allow the property with the existing residential building on it at 30 Webster Avenue to have a lot area of 32,022 sq. ft. where 45,000 sq. ft. is required. The lot is also partially located in the R -15 zoning district which requires only 15,000 sq. ft. of area. The property is located at 30 and 40 Webster Avenue in the R45 and R15 zoning districts. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated he is here on behalf of Ben Carlson who is the Principal of Benco LLC who is seeking a Variance to allow two existing houses on two separates lots, they are presently on one lot. The property predates zoning. 40 Webster Ave complies in every way with zoning requirements, other than the front set back, it has 45,000'. 30 Webster Ave complies with the all the setbacks except for the area size which requires 45,000 sq. ft. The lot is bisected in the R15 zone which requires 15,000 sq. ft. They were able to configure that lot to have 32,022 sq. ft. Beverly ordinance allows you to push the zoning line 50 feet in your favor which still doesn't get them where they need to be, but it is closer. Atty. Alexander distributed to the Board a petition of signatures in favor. No one spoke in favor or against. Mr. Battistelli asked for further information on how this will benefit open space and Atty. Alexander stated they will donate 6 acres (OSRD) to the Essex County Greenbelt. Ms. Gougian asked if the houses will remain as a single family and a six family and Atty. Alexander confirmed. Mr. Battistelli asked what his plans are for the six family and Mr. Carlson stated it will remain as a rental. Ms. Gougian asked what is triggering this Variance request and Atty. Alexander stated in order to donate the acreage they needed to move the lot lines. The Planning Board suggested that they either get a variance or tear one of the houses down. There will be 9 duplex style house built with each lot being about 20,000' or less. Mr. Battistelli stated it is in a neighborhood with lots much smaller than this but it's unfortunate the six family house will be on the smaller lot. Page 6 of 9 M MOTION: Ms. Gougian moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries MOTION: Ms. Gougian moved to GRANT the Variance at 30 and 40 Webster Street to allow the division of a parcel of land on which there are two existing residences into two lots, one is at 40 Webster Street which will have the required 45,000' sq. ft area and the other is at 30 Webster Street and will have the required frontage but an area of 32,022 sq. feet where 45,000' sq. ft. is required, the hardship is based on the shape and the size of the lot and the need to redraw the lot line based on the lines of the remaining property, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries G Alexander & Femino o /b /o Derek Hurley In a petition for a request for Variance to allow the subdivision of the 11,000 sq. ft. lot having an existing house fronting on Porter Terrace into 2 lots, one with the existing Porter Terrace frontage and the other with Kernwood Avenue Frontage. Each lot would have 5,500 sq. ft. of area where 10,000 sq. ft is required, 50' of frontage where 100' is required, and a new home having a 10' setback on one side where 15' is required. The property is located at 26 Porter Terrace in the R10 zoning district. Mr. Margolis recused himself, turned the meeting over to Ms. Caldwell and left the room. The voting members: Caldwell, Gougian, Battistelli, Levasseur, Basso Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated this is an 11,000 square foot lot that they are looking to divide into two 5,500 sq. foot lots each with 50' of frontage. This lot is part of a subdivision created in 1912 and all 80 lots in the subdivision have less area and less frontage than what they are seeking. The request is keeping with the neighborhood as it is currently configured. This lot is very long and narrow and the existing house is right at the edge of Porter Terrace and goes 200' to Kernwood Avenue. The City's assessor's map shows an address on both 26 Porter Terrace and also as 75 Kernwood Avenue. The owner of the property actually refers to this property as two lots. They have a unique situation where they have frontage on two public ways. The request is in harmony with the purpose of the Chapter and it won't be injurious to neighbors. Atty. Alexander provided a petition with 18 signatures in support of this request. Frank Savlon, 24 Porter Terrace Mr. Savlon stated he has lived next door to the Hurleys for 39 years and has always wondered why that lot is the way it is and he feels their plan will be an excellent use of that lot. Jeremy Puz, 76 Kernwood Avenue Mr. Puz stated he lives diagonal from that lot and has also wondered why there isn't a house there, it looks unnatural and he thinks a house would be a good addition to the street. Page 7 of 9 s "fie Robert and Melinda Lyons (73 Kernwood Avenue) submitted a letter in opposition. Atty. Alexander stated they are not aware of the drainage issues mentioned in the letter. There is an old French drain that will be relocated. Mr. Battistelli asked if the set backs would be met and Atty. Alexander clarified and stated they are requesting a 10' side setback (northeasterly side) where 15' is required. Mr. Anderson who is at 77 Kernwood would be the abutter on that side. The Board members discussed the hardship required for a Variance. Mr. Basso stated he doesn't have an issue with dividing the lot, his issue is more relating to the jump in height that the new house would be. Ms. Caldwell stated, given the neighborhood, she doesn't have an issue with the increase in density but as Mr. Basso stated the house design doesn't fit. Atty. Alexander asked if the Board would be amenable to a redesign. Atty. Alexander requested a continuance. Ms. Gougian stated even if they redesign the plans she still has a problem with the hardship being the shape of the lot when they could tear the house down and build a new house in the middle of the lot. Mr. Levasseur stated if they grant a Variance to divide the lot, both lots will fit in with the context of the neighborhood. Ms. Caldwell would like the impact on the opposing neighbor minimized if possible. Atty. Alexander agreed. MOTION: Mr. Battistelli moved to accept the continuance to the August 23, 2018 meeting, subject to signing the Waiver and Agreement. Mr. Basso seconded the Motion. Votes in Favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Basso) Motion carries H. Alexander & Femino o /b /o J. Nicolas and Julia D'Onofrio In a petition for a request for a Special Permit/Finding to allow the expansion of the existing third floor, presently having two bedrooms so as to add a bathroom and enlarge the bedrooms, and to add a cupola for a children's playroom. The property is located at 4 Silver Court, Unit 2 in the R6 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated it is a pre- existing nonconforming building. There is a first -floor unit and the applicant occupies the second and third floor unit. They have 3 young children and the house is a little small. There are two small bedrooms on the third floor and they are looking to expand and add a bathroom and a cupola as a playroom for the children. The footprint of the house will remain the same, the height will increase but would still be within the 35'. Atty. Alexander distributed a petition from neighbors in support of the request including the first floor unit owner. The Jubilee Yacht Club storage yard is directly behind the house and they did not seek their signature. The request is in harmony with the general intent of the zoning ordinance, it will not adversely affect the neighborhood, the footprint will remain the same, it will not result in a nuisance or hazard. The total height will be 34'. There is a large elevation change behind the house. Page 8 of 9 No one spoke in favor or against. Ms. Caldwell stated the plans look very nice. Mr. Battistelli asked what the square footage of the cupola will be and Atty. Alexander stated it will be 12'x 16'. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries MOTION: Ms. Caldwell moved to make a Finding for 4 Silver Court that the expansion of the third floor and cupola addition is not substantially more detrimental to the neighborhood than the existing structure, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in Favor 5 -0 (Margolis, Caldwell, Gougian, Battistelli, Levasseur) Motion carries II. OTHER BUSINESS 1. Approval of May 24, 2018 Minutes (O'Brien) To be on the Agenda for approval for July 2018 2. Adiournment MOTION: Ms. Caldwell moved to adjourn the meeting at 9:35 pm. Second by Mr. Battistelli. All in favor. Motion carried. Page 9 of 9