Appeals, Zoning Board of

CITY of BEVERLY Zoning Board of Appeals August 24, 2022 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. Members Present: Kevin Andrews, Chairperson, Pam Gougian, Jim Levasseur, David Battistelli, Will Cosmas and Peggy O’Brien, alt. Others Present: Steve Frederickson, Building Commissioner Leanna Harris, Administrative Assistant Location: Council Chambers City Hall, 191 Cabot Street, Beverly Kevin Andrews, Chairperson began the meeting at 7:00 pm. and introduced the Board members present. I. EXTENSION REQUEST Alexander & Femino o/b/o Charles E. Harris Trustee of Ocean View Realty Trust Original Request: 9/23/2020: In a petition for a request for a Special Permit to allow the construction of a new free standing carriage house/cabana that is 22’ in height, where 15’ is permitted and to allow the proposed free standing carriage house/cabana to be the third accessory building on the lot. The property is located at 9 Ober Street in the R10 zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and requested an extension of the Special Permit. Due to covid they were unable to get construction done in a timely manner and they are respectfully requesting a two year extension. MOTION: Ms. Gougian moved to GRANT the request to extend the Special Permit granted at 9 Ober Street for two additional years, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, Andrews) Motion carries. II. NEW PUBLIC HEARINGS Glen Witwicki requests a Special Permit to use a portion of his residence for an Accessory Apartment in accordance with Section 300-55 of Beverly Zoning Ordinance. The property is located at 3 Pilgrim Heights in the R-10 zoning district. Robert Griffin (Griffin Engineering Group) addressed the Board on behalf of the applicant and stated earlier this year this Board granted a Special Permit for a building addition. The addition allowed the applicant to build a 3-car garage with space above to be used as storage and for art. Mr. Griffin stated since that time Mr. Witwicki’s father has become ill with cancer and he would like to use this opportunity to convert that space above the garage to an accessory apartment. Mr. Griffin reviewed the property layout. The primary unit is approximately 2,000 sq. ft. There will be a set of stairs leading up to the 549 sq. ft. accessory apartment above the garage. The accessory apartment will have a kitchen, living room, bedroom and bathroom. There will be no exterior alterations and the accessory apartment will be less than 30% of the primary residence. Ms. Gougian asked for confirmation that the structure is as they previously approved it and the only changes are interior. Mr. Griffin confirmed and stated the use and the interior is changing. Lou Gernovski, 4 Pilgrim Heights, stated he lives across the street and the structure will obscure their view of the inlet and the open space. Mr. Griffin stated a large tree was also removed and will help to open up views. Mr. Cosmas asked if the unit is only accessible by a set of interior stairs. Mr. Griffin stated there is also a front entrance. Mr. Cosmas asked if the stairs will be an issue due to Mr. Witwicki being sick and elderly and Mr. Griffin stated at this time no. Ms. Gougian asked if once Mr. Witwicki’s father is no longer using that space, if the kitchen must be removed. Mr. Frederickson stated the ordinance says the space needs to removed but they usually just require removal of the cooking space. It can’t be rented out to someone else, the space can only be used by residents of the house, it cannot be used as a separate apartment. Mr. Andrews stated it seems like an appropriate use for a plan they have already approved. Mr. Battistelli stated he agrees that it’s an appropriate use of the space. Mr. Cosmas stated it is why this use is in the ordinance and he is sympathetic to it. MOTION: Mr. Battistelli moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor: 5-0 (O’Brien, Battistelli, Gougian, Cosmas, Andrews) Motion carries. MOTION: Mr. Battistelli moved to GRANT a Special Permit 3 Pilgrim Heights to allow an accessory apartment for the owner’s father that will require no exterior changes other than those previously approved, subject to the plans submitted. Ms. O’Brien seconded the Motion. Votes in favor: 5-0 (O’Brien, Battistelli, Gougian, Cosmas, Andrews) Motion carries. Page 2 of 7 Frank LoConte requests a Special Permit to construct a detached 3-car garage. Garage will meet all dimensional controls but it is a 3r d accessory building on the lot, where 2 are allowed by right. The property is located at 11 Hart Street in the R-90 zoning district. Philip Sima, Architect (Balance-Architects) and Anthony LaConte (son) addressed the Board on behalf of the applicant and stated they are requesting a Special Permit to add a 3-car garage. There is an existing pool house and garage on site. It is a pork chop lot with dense foliage between neighbors. Mr. Sima explained the layout of the existing plot plan and where they are proposing to put the new garage. The existing garage is 180’ from the front door and down a hill. It is very inconvenient. The proposed location brings the garage much closer, right to the top of the driveway and hugs the side property line with a 25’ offset. The garage will only be used for vehicles and it will be very similar in style to the existing garage. Mr. Cosmas stated the Board received a letter from the abutter at 800 Hale Street expressing concern that there will be an apartment above the garage. Ms. O’Brien stated the letter also expressed concern about construction type vehicles. Mr. LoConte stated there might trucks from people working there at the house and confirmed there will not be an apartment above the garage. The existing garage is used for equipment and tools. Ms. Gougian asked if there is a second story and Mr. Sima stated there is not, just a vaulted ceiling. Mr. Battistelli stated that the height of the garage in the plans is 15’ so it is not possible for living space above. No one from the public spoke in favor or against. Mr. Andrews stated just for the record, they do have another location for their construction vehicles and Mr. LoConte confirmed and stated it is located in Wilmington. Ms. Gougian asked how close the garage is to another building on site and Mr. Sima stated its about 170’ to the left, within the setbacks. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Battistelli, Levasseur, Gougian, Cosmas, Andrews) Motion carries. There was discussion regarding what zone this property is located in. Page 3 of 7  MOTION: Mr. Cosmas moved to GRANT a Special Permit at 11 Hart Street to construct a new three car garage as an accessory unit to the house, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Battistelli, Levasseur, Gougian, Cosmas, Andrews) Motion carries. III. MODIFICATION REQUEST Reverie 73 Beverly, LLC, f/k/a Fresh Fields, LLC requests a Modification to a Special Permit Decision authorizing the operation of an adult-use recreational marijuana establishment to reflect Applicant's plan to demolish existing structure and construct a new two-story building for the operation of the establishment, where the original Special Permit Decision contemplated the renovation of the existing structure. The property is located at 350-354 Rantoul Street in the CC zoning district. Miranda Siemasko, Esq. (Glovsky & Glovsky) addressed the Board on behalf of the applicant and stated the applicant was formerly Fresh Fields LLC when they previously applied for a Special Permit. Atty. Siemasko stated they were before this Board in May 2021 to apply for a Special Permit to operate an adult use recreational marijuana retail establishment in the CC district at 350-354 Rantoul Street. The Special Permit was granted. The prior plans anticipated the existing building being restored and improving the existing footprint. It was going to be converted to a single use for the retail dispensary. When they began to renovate the building, they discovered that there had been a fire at the property and structural damage to the building was much worse than thought. They went before the Historic Commission and it was determined the building was not properly preserved and they did not oppose to the demolish which gave them the go ahead to come back before the Zoning Board to modify the existing Special Permit. Atty. Siemasko stated it is important to note the new proposed building sits on the same footprint and it will look the same except it will be two stories instead of three. The dispensary would be on the first floor, the second floor will be office space and the basement will be used for storage. The new building will be less tall and have less gross space than the existing building. It will be about 1,500 sq. ft. smaller. The required parking will be 14 spaces versus 17 spaces. All of the plans originally presented to the Board to obtain this Special Permit stay in place and are not changing. The only change they are requiring approval for is to recognize the building plans will change to incorporate a 2-story building instead of a 3-story building. Atty. Siemasko reviewed the site for the Board. The property abuts a condominium with cross easements. The parking behind the building is subject to an easement in favor of the condominium and that is staying the same. Parking issues were previously resolved and that is remaining the same. In addition to the 4 on site parking spaces at 350 Rantoul Street and the 3 parking spaces out front, the applicant has leased 20 spaces at 380 Rantoul Street, 12 of which are exclusive for this use and 8 are shared with another owner. Atty. Siemasko outlined the building footprint, the proposed loading area and modest landscaping out front, all of which was originally approved when the application was before the Board previously. Atty. Siemasko Page 4 of 7  reviewed the interior floor plans and stated the building will look almost identical to what was approved in terms of colors, materials and layout with the exception that it is two stories and not three stories. The porches in the back will not be rebuilt which creates more privacy for neighbors. Atty. Siemasko stated since this is new construction they do need to go before the Planning Board, the Design Review Board and the Parking & Traffic Commission. Mr. Andrews asked how many employees there will be and Atty. Siemasko stated 15-20 employees in total but they will not all be there at the same time. Mr. Andrews stated that the new building at only 2 stories with no external staircase would be More attractive than the renovation of the old building at 3 stories with an external staircase that the condo owners to the rear would be looking at Rick Alpern, 4 Lanthorne Lane, stated he is a partner in the dispensary and he used to own the building. Mr. Alpern stated there will not be 15-20 employees on site at one time. They also have an agreement with the nearby temple for additional parking for employees. Mr. Cosmas asked about the security plans submitted and whether approval has been sought from the City for this new structure. Atty. Siemasko stated she is not sure that they have, but she doesn’t think anything has changed, it is the same footprint. As part of site plan review, all of the City departments will weigh in on that. Atty. Siemasko reviewed the plans for members of the public attending the meeting. Linda Kearney, 42 Chase Street stated she is a neighbor and parking in the area is bad and asked for clarification on their parking. Atty. Siemasko clarified where the off street parking is located and stated there are also conditions for employee parking. Ms. Kearney stated this is a very small neighborhood with limited parking and she is concerned about over flow parking. They still get traffic from the train and if you have company come there is no parking available. Before this was put into place, it was manageable. Ms. Kearney is questioning how many people will be coming and how long will they be there. Mr. Battistelli stated more and more of these types of places are being built and so there will be other options and hopefully it will cut down on traffic. Ms. Gougian stated there will be more of these licenses being issued in the City and they won’t all be located in the same place. Atty. Siemasko stated the dispensary has stipulated in their conditions they would start with appointment only service, however, it is not the new item it was when this first started and they don’t think this is necessary now. Page 5 of 7  James Lovett, Day Square Condo, stated parking is limited and asked what happens three years out when the lease is up. Things are getting redevelopment and a parking lot may not always be a parking lot. Mr. Alpern stated they are operating another dispensary in Lowell and traffic has been categorized as light. There are over 200 dispensaries open in Massachusetts. When they first came before the Board there were less than 25. The transaction time is less than a few minutes. Customers order online and pick up in the store and are in and out. The lines they are referring to were a thing when they first opened. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, Andrews) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Modification to the original Special Permit at 350-354 Rantoul Street to demolish the existing building and build a new 2- story structure for the adult use marijuana establishment, based on the plans submitted. Mr. Battistelli seconded the Motion Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, Andrews) Motion carries. IV. CONTINUED PUBLIC HEARING Janick Company, LLC by its attorney Thomas J. Alexander request a Special Permit/Finding to allow the demolition of a legally pre-existing nonconforming commercial building set back from the side lot line 2.9 feet, 2.3 feet from the rear lot line and .9 feet from the front lot line with a less nonconforming 2 family duplex conforming with the side yard and front yard setbacks of 10 feet (conforming) and 20 feet (conforming) respectively and having a 10.8 feet rear yard setback where 20 feet is required. The property is located at 397 Cabot Street in the CN zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and requested a continuance for the two Cabot Street projects listed on the agenda. Atty. Alexander explained the Planning Department requested the applications go before the Parking & Traffic Commission. They met with them at the beginning of August and it was a productive meeting. The Parking & Traffic Commission requested design changes be made that would better accommodate fire department apparatus. They are in the process of doing that and will appear back before them on September 13th . Atty. Alexander stated Waiver Agreements have been signed and dropped off at the Building Department. Page 6 of 7  MOTION: Mr. Battistelli moved to GRANT a continuance to the September 28, 2022 meeting for the application for 397 Cabot Street, subject to the waiver agreement. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, Andrews) Motion carries. Thomas J. Alexander o/b/o 386 Cabot Street, LLC and Janick Company, LLC request a Variance to build an addition to the existing retail building on site which would accommodate 12 residential units. The addition would be 3.8 feet from the side lot line (existing building has 0 ft side yard setback) where the zoning ordinance calls for 10 feet, there are 19 parking spaces on site where 26 are required, and the lot area provided per unit is 1,960 s.f. where 4,000 s.f. is required. There is a bus stop for MBTA Bus #451 located on the curb in front of 386 Cabot Street. The property is located at 386 Cabot St. and 16 Bennett St. in the CN and RMD zoning district. MOTION: Mr. Battistelli moved to GRANT a continuance to the September 28, 2022 meeting for the application for 386 Cabot Street, subject to the waiver agreement. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, Andrews) Motion carries. V. OTHER BUSINESS Approval of June 22, 2022 ZBA Minutes MOTION: Ms. Gougian moved to approve the Minutes from June 22, 2022. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, Andrews) Motion carries. Approval of July 22, 2022 ZBA Minutes MOTION: Mr. Battistelli moved to approve the Minutes from July 22, 2022. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Levasseur, Battistelli, Gougian, Cosmas, O’Brien) Motion carries. MOTION: Mr. Andrews moved to adjourn the meeting at 8:10 pm. Mr. Levasseur seconded the Motion. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 7 of 7