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ZBA Minutes 11 29 2018ate, City of Beverly Zoning Board of Appeals November 29, 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, Jim Levasseur, Margaret O'Brien, alt., Kevin Andrews, alt., Stefano Basso, alt. Members Absent Victoria Burke - Caldwell, 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. NEW PUBLIC HEARINGS A. Dan and Allison DePietro In a petition for a request for a Variance to construct a 6'x8' mudroom on right side of house. Mudroom will have a 9'5" side setback where 15' is required. The property is located at 193 Lothrop Street in the R10 zoning district. Allison DePietro addressed the Board and stated they would like to construct a small right side mudroom alongside the kitchen in the driveway area. It would extend two feet out from where the existing landing currently ends. They currently do not have an entryway. Several immediate neighbors signed a petition in favor, including the neighbor most directly affected. Ms. DePietro stated the way the house sits on the lot is a hardship and this is the only feasible spot to build a mudroom/entryway. No one spoke in favor or against. Mr. Battistelli stated it helps that the neighbor on that side has signed the petition in favor. It's a minor alteration to the house and a modest request. The hardship is the shape and size of the lot. Mr. Andrews asked if building the mudroom on the existing platform was considered and Ms. DePietro confirmed and stated once walls were factored in it would be too small. Page 1 of 3 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, Andrews) Motion carries. MOTION: Mr. Andrews moved to GRANT the Variance to construct a 6'x8' right side mudroom with a 9.5' setback where 15' is required, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Andrews) Motion carries. B. Dana and Laurie Smith In a petition for a request for a Finding to construct wood portico at front door over existing brick stoop. The property is located at 5 Adams Avenue in the R10 zoning district. Laurie Smith addressed the Board and stated they would like to finish constructing a wood portico over an existing stoop on the front of their home. The house faces is east and so when it rains the bricks become slippery and ice forms. The existing house doesn't have a proper set back. Mr. Andrews asked if the portico is already constructed and Ms. Smith explained that they had begun construction after demolishing an existing overhang and assumed they were grandfathered in. Once they learned they were not they stopped construction. Ms. O'Brien stated it's a nice addition to the house. No one spoke in favor or against. Mr. Andrews stated it is a nice design, it adds dimension to the house. Mr. Battistelli agreed. Ms. O'Brien stated the portico meets all the requirements for a Finding. MOTION Mr. Battistelli moved to close the public hearing. Mr. Basso seconded the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso) Motion carries. MOTION Ms. O'Brien moved to GRANT the request for a Finding at 5 Adams Avenue, it is not be more substantially detrimental to the neighborhood and it will not create a new nonconformity, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso) Motion carries. Page 2 of 3 C. Alexander & Femino o/b /o CEA Beverly LLC In a petition for a request for a Special Permit to construct three monument signs identifying the premises as North Shore Crossing, two of which have dimensions of 4 feet and 4 inches in height and 18 feet in length and one of which has a height of 6 feet and a length of 28 feet. The property is located at 140 -142 Brimbal Avenue in the IR zoning district. Atty. Alexander requested a continuance to the January 2019 meeting. MOTION: Mr. Battistelli moved to GRANT the request to continue to the January 2019 meeting. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Andrews) Motion carries. II. OTHER BUSINESS 1. Approval of October 25, 2018 Minutes (Andrews) MOTION: Mr. Andrews moved to approve the October 25, 2018 Minutes. Mr. Battistelli seconded the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Andrews) Motion carries. 2. 2019 ZBA Calendar MOTION: Ms. O'Brien moved to approve the 2019 monthly date change. Mr. Levasseur seconded the Motion. Votes in favor 5 -0 (Margolis, Battistelli, Levasseur, O'Brien, Basso) Motion carries. 3. Marijuana Establishments Ordinance Presentation by Mr. Clausen and Ms. Hutchinson from the Planning Department. MOTION: Mr. Margolis moved to adjourn the meeting. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 3 of 3