ZBA Minutes 9 27 2018City of Beverly
Zoning Board of Appeals
September 27, 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, David Battistelli, Victoria Burke- Caldwell,
Jim Levasseur, Margaret O'Brien, alt., Kevin Andrews, alt.,
Stefano Basso, alt.
Members Absent Pamela Gougian
Others Present Steve Frederickson, Building Commissioner
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. EXTENSIONS REQUEST
A. Heney & Associates on behalf of 4 Bomac Realty, LLC
Original Request October 26, 2017
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.
Atty. Heney addressed the Board and stated a Use Variance was issued for Kelly Ford to build a
new franchise at 4 Bomac Road. The Kelly Group decided to keep the Kelly Ford Dealership in
Beverly but at the existing location. They are requesting an extension of the Use variance for
one year and understand they will need to come back before the Board for Modification and
Board oversight.
MOTION: Mr. Battistelli moved to approve the one year extension of the Use Variance
through December 8 2019. Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur O'Brien, Andrews)
Motion carries.
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II. MODIFICATION AND EXTENSION REQUEST
A. Glovsky & Glovsky on behalf of L. Jeff Hagmeier and Mark Phillips
Original Request November 29, 2016:
In a petition for a request for a Variance and a Finding that the proposed alterations to the pre-
existing nonconforming single family residence and the construction of an accessory garage will
not be substantially more detrimental to the neighborhood than the existing nonconforming home
and a variance to build an accessory structure in the front yard and to exceed the maximum
accessory structure height. The property is located at 121 Valley Street in the R45 zoning
district.
Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board. Mr. Hagmeier was also
present. The applicant requested a Minor Modification to the approved plans for the addition to
the house and are requesting the modifications be determined as minor. They are seeking to
expand the covered porch to include the entire south elevation of the house as shown on the Site
Plan provided. The revised plans show minor refinement in the decorations and architectural
items including the removal of balusters over the entrances, a change in the porch railings and a
removal of one horizontal molding element on the Valley Street side (East elevation) above the
second floor windows. The two year mark of the original decision is coming up. In that duration
of time they have changed architects and have revised the plans. The Variance and Finding are
to expire in December 2018 and February 2019 and so they are also requesting a 12 month
extension of both.
Mr. Andrews stated the porch looks good and goes well with house. It looks like it has always
been there. Mr. Andrews asked for confirmation what the setback will be. They are set back
approximately 185 feet from Hale Street.
Ms. O'Brien agreed the new design is a cleaner look and very nice. Mr. Battistelli agreed the
request is minor.
MOTION: Mr. Battistelli moved to determine the requested changes in design at 121
Valley Street are Minor Modifications and the previous Decisions should also be
extended one year, subject to revised plans submitted. Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Andrews)
Motion carries.
III. NEW PUBLIC HEARINGS
A. Susan Harrington
In a petition for a Finding to add a permanent roof to existing permitted deck. The property is
located at 6 Myrtle Street in the RMD zoning district.
Susan Harrington addressed the Board and provided an updated Plot Plan. Ms. Harrington has
an existing deck that is presently covered by an awning that needs to be put up and taken down
each season. It is currently failing and so she is seeking a Finding to construct a permanent deck
cover. Ms. Harrington stated she is not looking to enclose the deck or create a room.
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No one spoke in favor or against.
Ms. O'Brien stated the record shows the neighbors are in favor. Mr. Levasseur stated the
neighbor most affected has signed the petition in favor.
Mr. Andrews asked for clarification on the height the cover will be and Ms. Harrington stated it
is not going to be any higher than the vinyl awning. Mr. Frederickson confirmed that it doesn't
look any higher than one story.
MOTION: Mr. Levasseur moved to close the public hearing.
Ms. O'Brien seconded the Motion
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Finding at 6 Myrtle Street to build a
permanent roof cover over the existing deck, based on the design submitted.
Mr. Basso seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
B. David Ekizian o /b /o Dal Mare Restaurant
In a petition for a Special Permit to increase the lettering size on the front face of the business
canopy awning at the entrance from 6" to 10 ". The property is located at 24 West Street in the
CN zoning district.
Mr. Ekizian addressed the Board on behalf of Dal Mare restaurant and stated they are replacing
the sign canopy and requesting a larger letter size than what is permitted. The Design Review
Board has approved the change.
No one spoke in favor or against.
Mr. Battistelli stated this is a very minor change request.
MOTION: Mr. Battistelli moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
MOTION: Mr. Andrews moved to GRANT the Special Permit to increase the logo
letter size from 6" to 10" in height as per the plans submitted and as approved by the
Design Review Board. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Andrews)
Motion carries.
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C. United Sijzn Co. o/b /o 123 Brimbal LLC
In a petition for a Special Permit to allow lettering on an awning larger than allowed by
ordinance and allow a freestanding sign for a building without the required setback. The property
is located at 123 Brimbal Avenue in the IR zoning district.
Ed Juralewicz (United Sign) addressed the Board on behalf of the owner of Churchill Properties.
There is an existing sign canopy /awning that is not a traditional shed type sign, it has a dome flat
face. The awning is set back and doesn't face the road. The building does not have a location
where they could put a wall sign and so they would like to put lettering on the face of this
existing canopy /awning. The face of the canopy /awning is 36 "x112" and is 28 sq. feet. The
proposed lettering is 30x63" which is about 13 sq. ft. It will not be illuminated. It will be a
fabric material with the logo and the name of the business.
The applicant requested a second, free standing sign that that do not have the required setback.
The awning and building entrance is not visible to anyone coming down Brimbal Avenue from
Essex St. All you see is trees and rocks. The proposed free standing sign is a small traditional
design with gold leaf lettering and the company logo.
The Design Review Board has approved both signs and neither will adversely affect the
neighborhood, cause undue traffic, and will not create any nuisance or burden. Neither sign is
illuminated.
No one spoke in favor or against.
The Board members felt the signs looked nice and were minimal and tasteful.
MOTION: Ms. O'Brien moved to close the public hearing.
Mr. Levasseur seconded the motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
MOTION: Mr. Levasseur moved to GRANT the Special Permit to allow for the
canopy /awning sign to have larger than allowed lettering and also one freestanding sign.
based on the designs submitted and as approved by the Design Review Board.
Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
D. Maria LaMendola
In a petition for a Variance to construct a 3 -story right side addition with a side setback of 7.5'
where 15' is required. The property is located at 13 Ober Street in the R -10 zoning district.
Ms. Mendola addressed the Board and stated they are looking to build an addition. The existing
deck will be demolished. The addition will go up two stories to enlarge the kitchen and a
bedroom and allow for the house to have two bathrooms. They are requesting a setback of 7.5'
where is 15' is required. The proposed addition will not be visible to the street or neighbors
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except for one but the view will be obscured by trees. The house is one back from the ocean and
so they are looking to build a third story deck to provide an ocean view. To build on the left side
of the house would be very costly and would alter the whole foot print of the home. They would
also not be able to enlarge the bathrooms. The shape of the lot creates a hardship and the way the
house currently sits on the lot.
Public
Martha Sutyak, 12 Ober Street Ms. Sutyak is directly across the street from Ms. Mendola's
home and she is in favor of the addition because it is not visible from the street and they are
using an architect and a designer to maintain the integrity of the house. They are considerate
neighbors and so she is confident they will be minimally impacted during the construction.
Roberta Villanti 11 Ober Street Ms. Villanti stated her home is on the right side of the applicant
and she does not object to the addition she is just concerned about the deck coming so close.
Mr. Frederickson stated an uncovered deck can come out 10' from the house without any setback
requirement. The application could, theoretically, build right up to the lot line. Mr. Frederickson
stated since they are requesting a Variance they could put a restriction on the deck.
Ms. Mendola stated the new deck will be much fin then back than what is currently there and will
give Ms. Roberta more privacy.
Mr. Basso asked how high the fence between them is and Ms. Roberta stated about 5'.
Mr. Andrews asked what the elevation of the roof deck will be, and Ms. Mendola stated 30'. Mr.
Battistelli asked why they desire a roof deck and Ms. Mendola stated right now there is a Juliette
balcony that looks down on the roof of the addition and so a roof deck would give them an ocean
view.
Mr. Basso suggested planting bushes along that side.
Mr. Andrews stated he appreciates the concern of having a deck right up to the lot line.
An abutter from Ober Lane suggested putting up fencing on Roberta's side to provide more
privacy.
MOTION: Mr. Andrews moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso)
Motion carries.
MOTION: Mr. Basso moved to GRANT the Variance at 13 Ober Street to construct a
2 -story addition with a roof deck on the third floor with a side yard setback of 7.5' where
15' is required due to the shape and width of the lot and the position of the house on the
lot creating a hardship with the condition that on the right elevation of the house the roof
deck will be required to have 5' tall privacy screen to shield the view of the neighboring
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property, subject to the plans submitted. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, Andrews, Basso)
Motion carries.
E. Batten Bros., Inc. o /b /o Kelly Ford
In a petition for a request for a Special Permit to allow more signs than permitted on a single
elevation. The property is located at 420 Cabot Street in the CG zoning district.
MOTION: Ms. O'Brien moved to accept the Motion to Withdraw Without Prejudice.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
IV. CONTINUED PUBLIC HEARINGS
A. Glovsky & Glovsky o /b /o Leanne Tirabassi and Juxhin Bako
In a petition for a request for a Special Permit/Finding to renovate and expand the footprint of a
single family house into existing nonconforming setbacks. The property is located at 17 Fossa
Terrace in the RMD zoning district.
Michael Dissette, Esq. (Glovsky & Glovsky) addressed the Board and stated this is the third
continued public hearing. The first hearing they heard concerns from several neighbors. The
second hearing was continued due to lack of voting members present. In the time since they
were last before the Board, they have made some changes. The plans dated 8/17/18 address the
concerns relating to height. The height has been reduced by about 3.1', the roof lines have been
addressed to pull them back off the exterior verticals, the square footage is reduced in the second
story by 216 sq. ft.
The Architect provided a detailed overview of the revised plans. The square footage was 2,245
feet and has been reduced to 2,029 square feet. The eave to ridge height has also been decreased.
They have attempted to meet with every neighbor to review the revised plans.
Mr. Margolis asked for confirmation as to which street the front door is on and Atty. Dissette
stated Wentzel Avenue has been designated as the front yard, the front door is actually on Fossa
Terrace.
Public
Lisa Stalismith 8 Smith Street Ms. Stallsrnith distributed to the Board a letter requesting they
deny the application based on the plans being incompatible with the neighborhood.
Joe Sicilio 12 Smith Street Mr. Sicilio stated he abuts this property across a little driveway and
he doesn't want the construction and the hassle of finding a place to park his car.
Mr. Battistelli read the letter from Marshall Handly, Esq. (Handly & Cox) into record. Mr.
Frederickson stated he agrees with Atty. Handly that the applicant does require a Variance and
stated he let the applicant know that when the application first carne in.
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Atty. Dissette addressed Atty. Handly's letter.
Atty. Dissette stated the applicant has made significant efforts to reduce the size of the
renovations. The applicant will also be removing a car from the street by creating an off street
parking space in a garage. They have significantly made changes to address their neighbor's
concerns. They are looking to achieve an owner occupied, updated, family owned home with off
street parking which will be to the betterment of the neighborhood.
Leanne Tirabassi stated she addressed their neighbor's concern regarding parking and by creating
a garage space they will be taking up less space to park their car. Ms. Tirabassi stated she loves
Beverly, she grew up here and she now teaches here and they want to stay and make this house
into a home.
Brian Burke 14 Fossa Terrace Mr. Burke asked Atty. Dissette for clarification of the square
footage and stated it is basically the same design and no neighbor has signed off in favor of this
project. They would like to see the house updated but not under these plans, they do appreciate
the roof height change but Mr. Sicilio is still looking at 11' from his back door which is
substantial.
Mr. Frederickson stated he still agrees with Atty. Handly that a Variance is required.
Ms. Caldwell suggested obtaining an opinion from the City Solicitor as to whether this requires a
Variance or a Finding.
Ms. O'Brien asked what the existing footprint is, and the Architect stated the total living space is
about 600 sq. ft on each floor so about 1,200 square feet. Ms. O'Brien asked what the proposed
footprint is, and the architect stated 812 on the first floor. Ms. O'Brien stated she agrees that it is
substantial.
Atty. Dissette requested to Withdraw without Prejudice.
MOTION: Mr. Basso moved to accept the request to Withdraw Without Prejudice.
Second by Ms. O'Brien.
Votes in favor 5 -0 (Margolis, Caldwell, Battistelli, O'Brien, Basso)
Motion carries.
B. David and Dori Haves
In a petition for a request for a Finding to construct an addition to existing nonconforming
structure. Addition will comply with all required setbacks. The property is located at 637 Hale
Street in the R -15 zoning district.
David and Dori Hayes addressed the Board and stated they are seeking a Variance to add an
addition to a nonconforming structure. They have submitted more detailed plans relating to the
driveway.
Mr. Margolis stated there was a lot of questions and concerns relating to the use of the property.
Page 7 of 10
Mr. Hayes stated that has all been cleared. Mr. Frederickson stated an inspector has been by a
few times and hasn't seen anything at that address or the address they received a complaint
about. Mr. Margolis asked about the building materials on the property he saw, and Ms. Hayes
stated the materials he might have saw was fencing that they put up. Mr. Margolis asked who
lives in the house and Ms. Hayes stated no one. Mr. Margolis asked how long it has been vacant
and Ms. Hayes stated two years, it needs to be renovated. Mr. Hayes stated they are looking to
resolve a lawsuit with a neighbor before moving forward. Mr. Margolis stated he has a serious
concern about the garages and their use and stated he is not convinced, at this point, that their
intention is sincere for such a huge garage. Mr. Levasseur agreed. Mr. Margolis stated the
request cannot be more detrimental to the neighbor and this proposed garage is large enough to
store commercial vehicles.
Public
Nathalie Majorek, 629 Hale Street Ms. Majorek stated she is a direct abutter and a party to the
pending lawsuit with the applicant. This has been going on for about two years. The Haye's
purchased the property in August 2016 and since then many abutters have had issues with the
new owners mainly due to violations against the ordinance. Neighbors have repeatedly called
the Building Department regarding Mr. Hayes violations. Ms. Majorek distributed photos to the
Board and stated 90% of the photos were taken after the violations. Ms. Majorek stated the back
of the property is a shared way and Mr. Hayes is putting a 4,000 sq. ft. home on a street that has
1,800 -2,000 sq. ft houses . They are concerned he is going to use this house for business. In the
last few months he has put a huge fence around the property so that abutters can't see what is
going on except for the commercial vehicles coming and going.
Ms. Majorek is requesting the Board deny the application and request they get a Title attorney to
determine who owns the property shown on the drawing.
Michael Magner (Prides Deli) 644 Hale Street Mr. Magner distributed an email to the Board
from Leslie Gurley (Yarns in the Farms) and stated the commercial use of this property is out of
control. Ms. Majorek has pictures of commercial vehicles from today.
Ms. Hayes stated they live in an apartment on Hale street and for years her husband stored
commercial vehicles where Farms Vet is and then he moved the vehicles to Manchester. They
have put in trees and landscaped the area as well as put in two French drains. The house had been
vacant and overgrown prior to their purchasing it. Ms. Hayes stated the shared right -of -way that
is part of the lawsuit runs behind three houses and down the middle. The other houses have
decks and lawn furniture in that space and things in their yard that are obstructing this way also.
They came here to request a Finding so they can get going on renovating this home. If the Board
wants them to reduce the garage they are willing to do so.
Ms. O'Brien referred to the drawing and asked if the blue section is the dispute of ownership and
what the situation is with putting a driveway through that area. Ms. Hayes stated there is an
existing curb cut there and Mr. Hayes stated he has spoken with Mr. Collins from Engineering
and he doesn't have an issue with it.
Mr. Margolis asked the Board what their thoughts are on the garage. Ms. O'Brien stated the
Page 8 of 10
garage could be smaller but the issue of people parking in the blue area doesn't mean its
someone's property however if you put a driveway through it, she thinks it makes it part of the
property. Mr. Margolis stated you cannot claim property just because you use it.
Mr. Margolis stated the Board needs to decide if the size of the garage and the use of the property
is detrimental to the neighborhood.
Mr. Margolis referred to the pictures showing a dump truck and Ms. Majorek stated he is also
parking a trailer behind the house.
William Atherton, 41 Cojzswell Lane Mr. Atherton stated he works for Cape Ann Storage and
they are giving him space at the storage facility to fit all of Mr. Hayes commercial vehicles. It
should happen soon.
Mr. Battistelli stated he agrees the garage needs to be resized.
Ms. Caldwell stated the Board would need to see another plan if the size of the garage is reduced
and Mr. Margolis agreed and stated he would want to condition the whole thing. Ms. O'Brien
asked if there some way the right of way can be clarified, and Mr. Margolis stated at this level
the Board cannot make such a determination, it is likely to be determined by a Court.
Mr. Basso stated a stamped survey showing the adjacent houses would be helpful. Mr. Margolis
stated the drawing submitted is not up to their standards.
Ms. Hayes asked for recommendation on the size of the garage and stated they have a boat they
would like to be able to store during the off season.
Mr. Margolis stated he would condition the Motion to state all construction materials on that
property will be removed unless they are specifically being used for that property. Mr. Hayes
stated the cobblestone on that property is for that property. Mr. Margolis stated they need to
address the garage and he wants to see and new plan for the garage and a new surveyed property
of the driveway coming out onto Hale Street. Mr. Frederickson stated the plot plan submitted is
incomplete, it doesn't show the right -of -way.
Mr. Margolis stated he would have a problem looking at that dump truck every day. Ms. O'Brien
asked if the dump truck will be kept in the garage and Mr. Hayes stated he would like to.
Ms. Hayes stated the house is very old and does not have a basement or an attic and so she was
hoping to add storage in the garage and that is why it was so large.
Mr. Margolis asked for feedback from the Board regarding what they want to require. Ms.
O'Brien stated a new garage plan with just one high bay and a lower height on the other two
bays.
Ms. Caldwell stated the size and bulls of the garage dwarfs of the house and the Board would like
them to come back with resealed garage.
Page 9 of 10
MOTION: Mr. Andrews moved to accept the request to continue, subject to signing the
Waiver and Agreement. Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso)
Motion carries.
OTHER BUSINESS
A. Approval of August 23, 2018 Minutes (Levasseur)
MOTION: Mr. Levasseur moved to approve the August 23, 2018 Minutes. Mr.
Battistelli seconded the Motion.
All in favor.
Motion carries.
MOTION: Mr. Margolis moved to adjourn the meeting at 9:47 pm. Mr. Levasseur
seconded the Motion.
All in favor.
Motion carries.
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