ZBA Minutes 8 23 2018%5 4,
.,e
City of Beverly
Zoning Board of Appeals
August 23, 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 Victoria Burke - Caldwell, Vice Chair, David Battistelli, Pamela Gougian,
Jim Levasseur, Margaret O'Brien, alt., Stefano Basso, alt.
Members Absent Joel Margolis, Chairperson, Kevin Andrews, alt.
Others Present
Steve Frederickson, Building Commissioner
Leanna Harris, Zoning Board Administrative Assistant
Location 191 Cabot Street, 3rd. Floor, Council Chamber
Ms. Caldwell began the meeting at 7:00 pm. and introduced the Board members present.
I. CONTINUED PUBLIC HEARINGS
A. 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.
Voting members Caldwell, Gougian, Battistelli, Levasseur, Basso
Thomas Alexander, Esq. (Alexander & Femino) addressed the Board and distributed updated
revised plans. Atty. Alexander stated every house on Kernwood Avenue has 50 feet of frontage
except for this parcel. Within the 300' abutter radius there are 32 house lots with similar houses
as this request. At the last meeting, the Board determined the design to not be right for the
neighborhood and so the applicant feels the revised design better keeps with the neighborhood.
David Jacquith, Architect addressed the Board and reviewed the new design. A porch has been
added and the front windows have been reorganized. The new design pushes the house back 4'
to keep 20' of frontage. The overall height is 30' which has been reduced from the original plan
of 35'. The overall square footage is 1,800 sq. ft.
Ms. Gougian asked what the biggest changes made are and Mr. Jacquith responded they added
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the porch and pushed the house back 4 feet, all of the elevations changed as well as a more
functional floor plan.
Atty. Alexander stated, as a reminder, that 18 neighbors have signed a petition in favor of the
proj ect.
Public
Melinda Lyons, 73 Kernwood Avenue stated she has lived in her house for about 21 years. They
bought the house with the understanding that the front of their house was abutting the front lawn
of the Kernwood side of that property and they were told no one could build there because it is
the front of the home. They were also told there is a drainage system installed and it works quite
effectively. They are concerned a building on the lot will negatively affect them. The Lyons
have a son with special needs who lives with them and attends college. He has to live with them
and so they were planning on redoing the basement. They are concerned this house being built
will affect the drainage system and their basement will flood. The dining room has a tiny view
of the water and if the house is built right next to them they will lose that tiny view and their
property values will be negatively impacted. It is also the only area in the home where light
comes in and if a house is there, then light will be diminished.
Atty. Alexander showed Ms. Lyons and the Board the drainage system plan and stated they are
confident the existing pipe is adequately sized. ,
Atty. Alexander stated the house was redesigned so the house has been pushed back and the
driveway has been moved to the other side of the house so there is green space between 73
Kernwood and this property.
Mr. Basso asked if they are planning on adding to the drainage system or tying the gutters into it
and Atty. Alexander stated they would accept that as a condition to do so.
MOTION: Mr. Levasseur moved to close the public hearing.
Ms. Gougian seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Basso)
Motion carried.
Mr. Battistelli stated he agrees the vacant lot is like a "missing tooth" on that street and once the
house is built it will look like it was always there, those are the size lots in that neighborhood.
Ms. Caldwell stated she likes the redesigned plans and that Mr. Jacquith did a great job. Ms.
Caldwell stated she has driven by there and she agrees that the house would fit in with the
neighborhood.
MOTION: Mr. Levasseur moved to GRANT the Variance at 26 Porter Terrace to
subdivide the lot and erect a new house based on the hardship that the size and shape of
the lot do not have adequate frontage, subject to Public Services inspecting the new
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drainage system and tying the gutters into the redesigned drainage system subject to the
revised plans submitted. Mr. Basso seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, Basso)
Motion carried
B. 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.
Voting Members Margolis, Caldwell, Battistelli, O'Brien, Basso
The applicant requested the Board to continue the application to the September 27, 2018
meeting.
MOTION: Mr. Battistelli moved to GRANT the request to continue the application to
the September 27, 2018 meeting, subject to the signing the Waiver and Agreement.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, Levasseur, O'Brien)
Motion carried.
II. MINOR MODIFICATION
A. Anderson Clarke — 50 Dunham Road
Original Request October 28, 2014
In a petition by Anderson Clarke to seek relief from Section 38- 19 -D -7 to increase the height of
the building to 68.2 feet measured from the average grade of the footprint of the building, in
accordance with the request of the Beverly Conservation Commission under Order of Conditions
#5 -1123 dated September 12, 2014, at 50 Dunham Road (the "Parcel ") The Parcel is in the IR
Zoning district.
Stephen Drohosky (Cummings Properties) addressed the Board and stated they are requesting a
Minor Modification of the Variance granted in November 2014. The 55 acre site was purchased
to build a building behind the 50 Dunham Road building. They would like to build the building
6' higher than the 8' height Variance granted which would allow them to build two floors 15'
high. There have been several prospects that need a height higher than the standard 12'. The
building is tucked behind the other buildings and the closest residential neighborhood is 1,000
feet away across Beaver Pond. The building won't be visible to the nearby condominiums or the
Northshore Music Center. The applicant is requesting the Board to find this request is minor and
that the Board also grant the request.
Mr. Basso asked for confirmation that they only see the need to build the floors up to 15' and Mr.
Drohosky confirmed and stated they are trying to keep the request reasonable.
No one spoke in favor or against.
Mr. Drohosky stated this building is built on land that has a 50' slope. There will be parking both
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under the building and outside of it. The building will have solar panels
Mr. Battistelli asked why they wouldn't just build less floors and Mr. Drohosky stated it would
have a huge financial impact if they had less floors.
MOTION: Ms. Gougian moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Gougian, Battistelli, Levasseur, O'Brien, Basso)
Motion carried.
MOTION: Mr. Basso moved the Board to determine the request is a Minor Modification.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Gougian, Battistelli, Levasseur, O'Brien, Basso)
Motion carried.
MOTION: Mr. Battistelli moved the Board to GRANT the Minor Modification request
at 52 Dunham as it will not negatively impact the neighborhood. Ms. O'Brien seconded
the Motion.
Votes in favor 5 -0 (Gougian, Battistelli, Levasseur, O'Brien, Basso)
Motion carried.
III. NEW PUBLIC HEARINGS
A. Alexander & Femino o /b /o The Guisinger Living Trust
In a petition for a Special Permit/Finding to allow for a second story addition within the
existing footprint of the single floor residence on the site, which is nonconforming due to having
a front yard setback of 19.2' where 20' is now required, a side yard setback of 9.9' where 15' is
now required and a Variance for a new front porch that is 15.2' from the front lot line. The
property is located at 14 Crestline Circle in the R -10 zoning district.
Thomas Alexander, Esq. (Alexander & Femino) addressed the Board and referred to the Site
Plan provided with the application and also distributed to the Board a handout highlighting front
yard setbacks outlined in the City's ordinance.
The applicant is seeking a Special Permit for the second story addition due to a preexisting
nonconformity relating to the frontage. Due to frontage on two lots Atty. Alexander is requesting
the Board to find that a Variance is not required, and the porch can be done by right.
Atty. Alexander provided a copy of a petition signed by 26 abutters in favor as well as the map
showing where the abutters live. This subdivision was created in 1955 so all of the lots are
nonconforming under today's zoning.
Atty. Alexander stated the request meets the requirements of a Special Permit given it is an
appropriate use and location, there are adequate City services and there will be no negative
impact to surrounding properties.
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A, ~i
Ms. O'Brien asked for confn where the front yard and side yard are.
No one spoke in favor or against.
MOTION: Mr. Battistelli moved to close the public hearing.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, O'Brien, Basso)
Motion carried.
Mr. Battistelli stated he agrees that the applicant does not need a Variance. Mr. Frederickson
stated he thinks the porch does require a Variance due to the lack of frontage.
MOTION: Ms. O'Brien moved to GRANT the Special Permit at 14 Crestline Circle, its
proposed use is appropriate for the location, there are no adverse effects, there are
adequate City services and it's not substantially more detrimental to the neighborhood,
subject to the plans submitted. Mr. Battistelli seconded the Motion.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, O'Brien, Basso)
Motion carried.
The Board determined the hardship is the size and shape of the lot and the position of the
existing structure on the lot.
MOTION: Mr. Battistelli moved to GRANT the Variance at 14 Crestline Circle for a
porch that will be 15.2' from the front lot line where the existing front steps are already
15.2' from the lot line, the size and shape of the lot and where the house sits on that lot
creates a hardship, subject to the plans submitted. Second by Ms. O'Brien.
Votes in favor 5 -0 (Caldwell, Gougian, Battistelli, O'Brien, Basso)
Motion carried.
A. 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 requesting a Finding to add a
garage, a great room and breezeway to their nonconforming house.
They reviewed the plans and drawings for the Board. The total square footage of the lot is
23,397, and the footprint of the structure is 909 sq. ft. The proposed additions would bring the
total footprint to 2,129 sq. ft. They are also looking to add a 1,300 sq. ft. 3 -bay garage with a
gambrel style roof to keep a low profile of 31'. They are proposing to put an entry way where
there is already a curb cut on Hale Street so the garage could be accessed from both sides.
The request is not creating any new nonconformities.
Mrs. Hayes provided a petition of 10 abutters who have signed in favor.
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Public
Henry Szostek, 625 Hale Street stated he has lived there since 1950 and he has seen many
changes in the neighborhood. Mr. Szostek stated he has seen the plans and he thinks it's a
wonderful enhancement to the neighborhood and he is in favor.
Natalie Majorek, 629 Hale Street stated she is a direct abutter and she is also representing the
owners at 641 Hale Street who are away. Ms. Majorek stated the plans look great and the house
looks beautiful. David and Dori Hayes purchased the property in August 2016. Since then Mr.
Hayes has failed to recognize the boundaries of his property and in the last couple of years he has
cut down 13 mature trees not on his property and he has made changes to the shared way (not
shown on his plans) behind the property. The shared way is shown as Attachment 6 in the packet
she submitted. Ms. Majorek showed the discrepancies regarding the shared way not shown on
the plans submitted by the Hayes. The shared way is shared by four properties and Mr. Hayes has
blocked access to the shared way. Ms. Majorek stated Mr. Hayes has also reconfigured the
shared way so that he now has a wrap around driveway where he has two exits and he also
narrowed the shared way with building materials, granite slabs and plantings. Ms. Majorek
stated it doesn't conform to the setbacks and Mr. Hayes has been using the property
commercially. The Hayes have received violations from the Building Department. Mr. Hayes is
a landscaper and he has had 3 or 4 commercial vehicles on the property, repeatedly violating the
ordinance. Ms. Majorek stated Mr. Hayes has submitted an inaccurate Plot Plan and repeatedly
ignores the boundaries of his property. Ms. Majorek illustrated on Mr. Hayes plans where he has
omitted the shared way.
Michael Magner, 644 Hale Street stated this will be detrimental to the neighborhood. Mr.
Magner stated he is here representing the businesses in that area including Prides Deli and
Dusty's who both depend on that shared way for a parking area. At one point Mr. Hayes had 3
driveways going and Mr. Demers had to come down and resolve that. Mr. Hayes' encroachment
on that shared way will cripple the parking and those small businesses in that area.
Mr. Battistelli stated the applicant needs a Finding because it needs an extension of a
nonconformity but it's a really big extension. Mr. Battistelli reviewed the setbacks of the
request.
Ms. Gougian stated it looks like the applicant is adding 2/3 more building. The lot is .45 acres.
Ms. Caldwell asked why the garage is so big and what the plans are for that space. Mr. Hayes
stated he has lots of toys including a boat and they have no storage. Mrs. Hayes stated the first
bay of the garage isn't that big because there are going to be stairs to get into the breezeway.
Mr. Hayes stated they could demolish the house and put whatever they wanted there by right.
Ms. Gougian asked Mr. Hayes if he is planning to run a business out of that garage and Mr.
Hayes stated he is not, he is renting commercial space in Manchester.
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Ms. Gougian stated the ordinance gives the Board leeway to find this request substantially
detrimental to the neighborhood.
Ms. Caldwell stated she is hearing reluctance from two members of the Board regarding the size
of the garage.
Mrs. Hayes stated they put a French drain in the yard, dug fence post holes and they have planted
about 23 trees, that is why the abutters have seen commericial equipment coming in and out.
Mrs. Hayes stated they met with the Mayor this week regarding parking and it is something they
are all working on.
Mr. Basso asked how long he thinks the construction will take and Mr. Hayes stated probably
about 6 months depending on weather.
Ms. Gougian asked for confirmation that this plan does not impede the shared way and Mr.
Hayes confirmed. Ms. Gougian asked about Mr. Hayes blocking the shared way and Mr. Hayes
denied doing so.
Ms. Caldwell asked what the structure will be clad with and Mr. Hayes stated cedar shingles.
Ms. O'Brien asked who put in the curb cuts and Mr. Hayes stated they were existing. Mr.
Magner stated there are three curb cuts and Mr. Demers stated he could use two. Mrs. Hayes
stated the middle curb cut has not been used since July.
Ms. Caldwell stated she would like to see these driveways, the curb cuts and shared way on the
plans. Mr. Hayes and the Architect reviewed the plans for the Board again.
Kelly Fanning (Tenant at 641 Hale Street stated she can see the property from her window and
stated Mr. Hayes is the nicest neighbor. The property was completely overgrown, it was
disgusting. Captain Dusty's has their own parking lot. There is no middle driveway, he might
have at one point pulled down that way but it's all nice grass now.
Mr. Basso and Mr. Levasseur stated they would like to see the neighbor's properties, the
driveways and the shared way shown on the plans. Ms. Caldwell stated the Board would like
them to come back with more detailed drawings. They would also like to see the garage
entrances and exits.
MOTION: Mr. Levasseur moved to continue the hearing to the September 27, 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 carried.
B. Harvey Cushing
In a petition for a request for a Variance or a Special Permit to remove an existing side
sunroom/entryway and add smaller sunroom/entryway with a right side setback of no less than
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5', where 10' is required. The property is located at 15 Prospect Street in the R -6 zoning district.
Harvey Cushing addressed the Board and stated the property currently doesn't have a driveway
and parking is difficult especially during snow emergencies. The neighborhood is becoming
more congested due to houses turning into condos. Mr. Cushing would like to remove the
existing entryway to allow for two off street parking spaces which would benefit the
neighborhood.
A Special Permit would allow him to be a 7.3' off of the property line and a Variance would be
6.3' from the side line. The Variance would give him 6" on either side of the door. Right now
when you open the door there is a full draft going into the entire home.
Public
Euplio Marciano, 13 Prospect Street Mr. Marciano stated he lives next to Mr. Cushing and he
has been a very good neighbor. Mr. Cushing is just looking to get more parking and he doesn't
have a problem with the request.
Diane Marciano, 13 Prospect Street Mrs. Marciano stated she thinks this should be done, the
previous owner destroyed the place and the only concern is that when Harvey takes down the
wall that he puts it up in the same place, so water doesn't end up in their basement.
Ms. Gougian asked about the design and Mr. Cushing stated it will mirror the top of the house
with three windows and matching siding.
Ms. Caldwell stated she thinks it's an improvement.
MOTION: Ms. Gougian moved to close the public hearing.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 ( Levasseur, Gougian, Battistelli, O'Brien, Basso)
Motion carried.
MOTION: Ms. Gougian moved to GRANT the Variance at 15 Prospect Street to
remove the existing side entryway and add a sunroom no less than 5' where 10' is
required, the lot size and position of existing structure create a hardship, subject to the
plans submitted. Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 ( Levasseur, Gougian, Battistelli, O'Brien, Basso)
Motion carried.
C. Batten Bros. Signs 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 211 Rantoul Street in the CC Overly district.
N/A
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D. William Duryea
In a petition for a request for a Special Permit to construct 25'x36' addition for an accessory
apartment. The property is located at 7R Thaxton Road in the R -22 zoning district.
William Duryea, Sr. and William Duryea, Jr. addressed the Board and stated they are seeking a
Special Permit to construct at 25'x36' addition for an accessory apartment. Mr. Duryea stated he
recently sold the house to his son and he is looking to stay living on that property. Ms. Caldwell
asked for confirmation that the property cannot be viewed from its neighbors.
Ms. Caldwell stated accessory units are specific to the family, it does not run with the land.
Public
Tim Oman, 5 Cumnoch Street requested more information on the plans. Mr. Oman stated his
only concern is water run off.
Bill Cahill, 10 Old Planters Road stated he is in favor of the plans and he thinks it's great that the
City has accessory apartments in the Ordinance.
Dan Ribreau, 8 Cumnoch Street stated he is in favor but he is also concerned about water run off.
Mr. Duryea reviewed the proposed plans to address his concern.
The proposed accessory apartment is 900 sq. ft.
MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Basso seconded the Motion.
Votes in favor 5 -0 (Levasseur, Gougian, Battistelli, Caldwell, Basso)
Motion carried.
MOTION: Mr. Battistelli moved to GRANT the Special Permit for an Accessory
Apartment as it is not more detrimental to the neighborhood and meets the requirements
for a Special Permit, subject to the names on the application and to the plans submitted.
Mr. Levasseur seconded the Motion.
Votes in favor 5 -0 (Levasseur, Gougian, Battistelli, Caldwell, Basso)
Motion carried.
E. Tamsin White and Alana Billings
In a petition for a request for a Finding to extend an existing left side sunroom to the front and
the rear. Addition will be no closer to left side setback than existing sunroom, which has a
setback of 9.4', where 15' is required. The property is located at 10 Clifton Avenue in the R -10
zoning district.
The Architect addressed the Board and stated they are seeking relief to rebuild a small left side
sunroom, extending it 1.5' forward, 6.5' feet back. The side setback is in violation of the 15'
rule, the setback will not be increased. There will be 60 sq. feet of additional space.
No one spoke in favor or against.
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MOTION: Mr. Levasseur moved to close the public hearing.
Mr. Basso seconded the Motion.
Votes in favor 5 -0 (Levasseur, Gougian, Battistelli, Caldwell, Basso)
Motion carried.
MOTION: Mr. Levasseur moved to GRANT the Finding to expand the side sunroom, it
will be no closer to the left side setback and is no more detrimental to the neighborhood.
Ms. O'Brien seconded the Motion.
Votes in favor 5 -0 (Levasseur, Gougian, Battistelli, Caldwell, Basso)
Motion carried.
IV. OTHER BUSINESS
A. Minutes
MOTION: Mr. Battistelli moved to approve the July 26, 2018 minutes.
Second by Mr. Levasseur.
All in favor.
Motion carried.
B. Adjournment
MOTION: Ms. Caldwell moved to adjourn the meeting at 9:43pm.
All in favor.
Motion carried.
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