Appeals, Zoning Board of

CITY of BEVERLY Zoning Board of Appeals November 1, 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, David Battistelli, Pam Gougian, Jim Levasseur, Will Cosmas Member Absent: Peggy O’Brien, alt. Others Present: James Butler, Building Commissioner Leanna Harris, Administrative Assistant Location: Council Chambers City Hall, 191 Cabot Street, Beverly Kevin Andrews began the meeting at 7:04 pm and introduced the Board members present as well as Jim Butler the new Building Commissioner. I. CONTINUED PUBLIC HEARINGS A. Alan Battistelli request a Special Permit to add a second story to a pre-existing nonconforming dwelling. The property is located at 12 Pearl Street in the R10 zoning district. Alan Battistelli, Jr. addressed the Board and stated he lives at 12 Pearl Street with his wife and son. They are looking to stay in Beverly and put a second story on a nonconforming building to increase bedrooms for their growing family. Mr. Battistelli stated he feels their plans are in keeping with the neighborhood and are not a detriment to the neighborhood as it will not add to the existing nonconformity. David Battistelli recused himself. Mr. Cosmas asked what the additional square footage will be and Mr. Battistelli stated the second story and mudroom add 1,025 square feet. The existing square footage is 1,156 sq. ft. Ms. Gougian asked for confirmation that they are doubling the square footage. Mr. Andrews stated the addition is behind the house and Ms. Gougian stated they are raising the height significantly. Mr. Battistelli stated the height will not surpass the neighbor’s houses and the neighbor behind them is a 3-story structure. Ms. Gougian stated the design looks good and the roof pitch is keeping with the look of the existing house. Ms. Gougian asked if the porch is staying and Mr. Battistelli confirmed. Mr. Mancini stated its important to note they are not increasing the nonconformity and that most of the second story will be to the rear. Mr. Battistelli presented the Board with two written letters from neighbors at 9 and 10 Pearl Street in favor of the application. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor: 4-0 (Andrews, Gougian, Levasseur, Cosmas) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Special Permit at 12 Pearl Street to build a second story addition to a pre-existing nonconforming dwelling, the addition that will create no new conformity, subject to the plans submitted. Mr. Cosmas seconded the Motion. Votes in favor: 4-0 (Andrews, Gougian, Levasseur, Cosmas) Motion carries. B. Beverly Crossing o/b/o Depot Square Phase II, LLC requests a Special Permit to install permanent and temporary signage that exceeds the size, height and number of signs that are allowed by right. The property is located at 140 Rantoul Street in the CC zoning district. Kristin Poulin (Beverly Crossing) addressed the Board and stated they are here due to their temporary signs exceeding the size and height allowed by right. Ms. Poulin presented a letter from the Design Review Board with their recommendations. Ms. Poulin showed the proposed signs to the Board and stated the signs are not internally illuminated. There are 3 permanent signs and several temporary marketing banners. Ms. Poulin stated they are looking for a timeframe for the temporary signs. Ms. Poulin requested the Board give them a start date to begin the 6-month time period the Design Review Board had requested for the marketing banners on Rantoul. Mr. Cosmas stated they should have the opportunity to market their building. MOTION: Mr. Battistelli moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Mr. Andrews asked for confirmation that the permanent lights are lit from above and Ms. Poulin confirmed there are lights shining down. Page 2 of 12  MOTION: Mr. Battistelli moved to GRANT a Special Permit at 140 Rantoul Street to install temporary signage with a contingency that they only be up for 1-year beginning the date of this decision with the exception of the Casa De Luca sign which will be up for 6-mths as stated in the letter from the Design Review Board letter dated July 12, 2022, subject to the designs submitted and as approved by the Design Review Board. Mr. Levasseur seconded the Motion Votes in favor : 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. C. 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) stated this is a very urban area of Beverly. The building covers almost 100% of the lot, so there is no parking available for its current situation. The applicant is proposing to tear down the existing building and replace it with a 2-family home. The existing building goes out to the lot line and the new build will be within the lot. Atty. Alexander stated the replacement building is not substantially more detrimental to the area as the present building. The Planning Department recommended they go before the Parking & Traffic Commission (PTC) for their review and input. Atty. Alexander stated it is a very congested area and it was a good suggestion. They have since had 3 very productive meetings which resulted in the redesign of this property. The original application of this property set the duplex 20’ back from Cabot Street. The PTC felt that backing out onto a busy street wasn’t the greatest idea and so they redesigned the building. There are four parking spaces in the rear of the building. Atty. Alexander stated this area is largely a multi-family neighborhood and so this proposed plan keeps with the neighborhood. The PTC voted unanimously to recommend this proposal to the Zoning Board of Appeals. The building is located in the CN district and so it is also subject to Site Plan Review by both the Design Review Board and the Planning Board. It will also be reviewed again by the PTC. No members of the public spoke in favor or against. Atty. Alexander stated this project is also subject to the City’s Inclusionary Housing Ordinance. Mr. Cosmas asked if they reached out to abutters and Atty. Alexander stated they did not and explained that the surrounding buildings are not owner occupied, they are owned by investors. Mr. Cosmas stated it would be great to do something with the building and asked if any environmental work had been done since it used to be a dry cleaner and a laundromat. Atty. Alexander stated prior to Mr. Mancini buying the property, a 21E was completed. Page 3 of 12 Mr. Andrews stated he doesn’t think this house, although well designed, fits in with the neighborhood. Mr. Andrews stated he is all for affordable housing and he is wondering if this is the most stories that could be built there. Atty. Alexander stated Cabot Street has eclectic styles up and down the street. Mr. Andrews stated it looks as if it’s trying to fit into a different neighborhood and stated this design is going to stand out, this isn’t a colonial type neighborhood. Ms. Gougian asked how many bedrooms there are and Atty. Alexander stated there are three bedrooms. Atty. Alexander stated any parking that Todd’s is using is on his own property because the existing building takes up the entire lot, the existing building is .9 feet from the front. Ms. Gougian asked for a parking plan and Atty. Alexander referred to what was submitted with the application. Ms. Gougian asked how they will access the parking behind the building and how many parking spaces there will be. Atty. Alexander stated there will be four parking spaces. Ms. Gougian asked about dumpster locations and snow storage. Atty. Alexander stated there is space to the put the snow but if it has to be carted off, they will do so. Ms. Gougian asked what the height of the building will be and Atty. Alexander stated it is under the 35’ limit. Mr. Andrews asked Atty. Alexander to clarify why they are requesting a Special Permit and stated he would prefer a commercial use be in this spot. Mr. Levasseur stated this is the best use for the lot. MOTION: Mr. Battistelli moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Mr. Andrews stated his concern is that this proposed design does not fit in with this neighborhood and with Gloucester Crossing’s already negative connation, this 3-bedroom vinyl sided colonial isn’t going to help. Ms. Gougian stated she agrees this style plopped down here will look pretty ridiculous but she sees this all over Beverly. MOTION: Mr. Levasseur moved to GRANT a Special Permit/Finding to allow the demolition of the existing building at 397 Cabot Street and replace with a new 2-family building with the setbacks defined in the up to date drawings, subject to the plans revised as of October 7, 2022 and also subject to the conditions set forth by the Parking & Traffic Commission. Mr. Battistelli seconded the Motion Votes in favor: 4-1 (Battistelli, Gougian, Levasseur, Cosmas; Opposed: Andrews) Motion carries. Page 4 of 12 D. 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. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated this building is in both the CN and RMD district. Historically, this building has been a fast food location for many years, mostly recently Subway and previously Buffalo Bills. It is a very difficult location made worse by the recent redesign of that intersection. This project was also referred to the Parking & Traffic Commission (PTC). Atty. Alexander stated they met three times and they received a lot of input which resulted in a number of changes. The number of units was reduced from 12 to 9 and the number of parking spaces increased from 19 to 21. The parking spaces where also moved about 5 feet to allow fire vehicles adequate turning room. There will be significantly less traffic flow than from a fast food restaurant. Atty. Alexander stated the PTC unanimously endorsed the project as revised. Atty. Alexander stated this is a request for a dimensional Variance which is less than a Use Variance. The shape of the lot is unusual, it is long and narrow. The location of this lot makes it difficult for development purposes and creates a hardship. The biggest abutter is the railroad. From a use perspective it makes sense for this to be a residential building. Atty. Alexander stated this is a package deal with 397 Cabot Street which the Board has just reviewed. These two projects would help to meet housing needs. Mr. Battistelli asked why these two applications are a package and Atty. Alexander stated under the zoning ordinance if you create more than nine units they are tied into the affordable housing. No one from the public spoke in favor or against. Mr. Cosmas asked about the easement shown on the proposed plans and Atty. Alexander stated this would be subject to a condition. Mr. Cosmas asked if the RMD district requires permitted use for there to be parking. Atty. Alexander confirmed and stated it is part of a housing development, it would not be allowed if it was a commercial parking lot. Mr. Cosmas stated the provisions of the CN district only go 50’ into the adjacent district. Mr. Cosmas stated they are not legally able to issue a Use Variance in an ‘R’ district. Atty. Alexander stated under the zoning ordinance they are allowed to have parking within 500’ of the unit and he doesn’t believe it is a problem. Mr. Cosmas stated the retention of the old building is what gives them the right to build the new units. Page 5 of 12 Ms. Gougian stated she has spent considerable time in that parking lot and had the opportunity to envision what 9 additional cars would be like. Atty. Alexander stated it will be made into a one way coming out of Bennett Street. Ms. Gougian stated she questions putting a driveway in that location and stated she noticed today there were 7 cars parked where Subway is and 6 cars in the other lot. There was absolutely no parking available on Bennett Street and so she is wondering where these additional 10, 13 cars are going to park. Atty. Alexander stated we can’t leave that property empty so people can continually park there illegally. Mr. Battistelli stated if he was living on Bennett Street and was abutting railroad tracks, he would see this as a good project. Mr. Battistelli asked if one parking space will be assigned per unit and then other parking will be first come first serve. Mr. Mancini stated they can easily provide two parking spaces per unit. Mr. Cosmas asked if any effort was made to contact abutters and Atty. Alexander stated they are all investor owned. L. Harris confirmed abutters were notified. MOTION: Ms. Gougian moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Mr. Andrews stated it looks like an appropriate number of units for the area. Mr. Andrews asked about the roof. The architect stated it is a parapet roof with a 2’ overhang used to hide equipment on the flat roof. The building will have a fiber cement material, there will be no vinyl siding. Mr. Cosmas stated there are some trees in the back of the lot and asked if there will be any tree cover on that lot. Atty. Alexander stated part of their submission to the Design Review Board will include a landscaping plan. Mr. Battistelli asked why they are using some of the existing building and Atty. Alexander explained in this district it needs to be attached to a commercial use. Mr. Cosmas asked what could they do by right without a Variance. Atty. Alexander stated it could go back to being a food service place. MOTION: Mr. Levasseur moved to GRANT a Variance at 386 Cabot Street and 16 Bennett Street to build an addition to the existing retail building on site which would accommodate 9 residential units, a hardship is created by the proximity to the railroad and the shape of the lot, subject to the plans submitted and the Parking and Traffic Commission conditions. Mr. Battistelli seconded the Motion. Votes in favor: 4-1 (Andrews, Battistelli, Levasseur, Cosmas, Opposed: Gougian) Motion carries. Page 6 of 12 II. MODIFICATION REQUEST Original Request: May 2022 Wendy Spencer-Cotter requests a Special Permit to construct a rear addition to a dwelling that is nonconforming with respect to right side setback. Addition will be no closer to right side than the existing structure. The property is located at 37 Rowell Ave. in the R-10 zoning district. Abbie Ellis (Savoie Nolan) addressed the Board and stated the applicant had previously received Board approval to construct a rear addition. The Modification request is to construct a slightly larger than approved addition at 18’x22’ which actually improves the side lot line. Ms. Ellis stated there is plenty of land to work with and it is a minor adjustment to the plan. No one from the public spoke in favor or against. Ms. Gougian stated it doesn’t look like anything will be seen from the street and Ms. Ellis confirmed. Ms. Gougian asked if the neighbor on that side has been notified and Ms. Ellis confirmed. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Battistelli seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Mr. Cosmas stated it looks like a minimal request. MOTION: Mr. Battistelli moved that the Board find this request to be a Minor Modification to the approved plans in May 2022. Mr. Cosmas seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. MOTION: Mr. Battistelli moved to GRANT the request for a Minor Modification at 37 Rowell Avenue to modify the plans previously submitted and increase the addition to 18’ x 22’, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. II. NEW PUBLIC HEARINGS Alexander & Femino o/b/o Skomurski Development, LLC. requests a Special Permit/Finding to allow a third floor deck within the existing roof area of the house which is nonconforming since the house is 16.4’ from the front lot line where 25’ is required. The property is located at 38 Ober Street in the R10 zoning district. Wednesday, October 26, 2022 at 7pm at City Hall, Council Chambers, 3rd Floor, 191 Cabot Street, Beverly, Page 7 of 12 MA. Tom Alexander, Esq. (Alexander & Femino) submitted a letter to the Board requesting permission to withdraw this application without prejudice. MOTION: Mr. Battistelli moved to GRANT the request to withdraw the application without prejudice. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Alexander & Femino o/b/o Karen Torkildsen requests a Variance to allow a one story addition on the first floor to accommodate a bedroom and bathroom located 12.4’ from the side lot line (existing house is 12.5’ from this lot line) and 18.1’ from the rear lot line where zoning for this district provides for a 15’ side yard setback and 25’ setback. The shed that is currently located approximately in the location of the proposed addition is 9.1’ from the same side boundary and 9’ from the same rear boundary will be relocated. The property is located at 4 Salem Road in the R10 zoning district. Wednesday, October 26, 2022 at 7pm at City Hall, Council Chambers, 3rd Floor, 191 Cabot Street, Beverly, MA. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated the owners have lived here for 28 years and they are looking to age in place and live on one level. They are looking to construct an 18’ x 17’ addition which will include a bedroom and a bathroom. It is no closer to the lot line and it is further away from the lot line than the existing shed which will be removed. The lot itself is narrow and shallow and creates a hardship as it is difficult to build a first floor addition on a lot like this. Atty. Alexander provided a copy of the signed petition from abutters who have signed in favor, including direct abutters. Atty. Alexander stated this request is keeping with the neighborhood, there are similar houses with similar setbacks as what is being proposed and it will have minimal impact on the neighborhood. Eric Fowler, 8 Puritan Road, stated they have been long standing neighbors and are good to the community. Mr. Fowler stated he sees no problem with the request. Mr. Cosmas asked if this is the minimum request for relief and stated the addition they are looking to build is rather large. Mr. Cosmas stated they are cutting the existing rear setback in half by building this addition so he questions if this is really the minimum. Mr. Cosmas stated he doesn’t fault the owner for wanting to build a master suite but he is wondering if any work was done to build a smaller addition. Atty. Alexander stated the owners don’t have the financial ability to go through a bunch of architects for different plans. It is not a huge room, it’s not an extravagant addition, it is fairly modest. The people most effected have signed in favor of the project. Mr. Andrews asked how far the house in the rear is from the proposed addition once built. Mr. Levasseur showed on the plans provided that there is a good distance. Mr. Andrews asked if it’s Page 8 of 12 a one story addition and Atty. Alexander confirmed. Mr. Andrews stated he doesn’t have any large concerns. Mr. Battistelli stated it looks like a minimal request from the 25’ setback to 18’ in the rear of the house. MOTION: Mr. Battistelli moved to close the public hearing. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. MOTION: Mr. Levasseur moved to GRANT a Variance at 4 Salem Road to build a one story addition off the rear of the existing building due to the size of the lot and the orientation of the existing building on the lot creating a hardship, subject to the plans submitted. Mr. Battistelli seconded the Motion. Votes in favor: 4-1 (Andrews, Battistelli, Gougian, Levasseur, Opposed: Cosmas) Motion carries. Bonny Breads requests a Special Permit to add two additional window signs to store front. The property is located at 188 Cabot Street in the CC zoning district. Wednesday, October 26, 2022 at 7pm at City Hall, Council Chambers, 3rd Floor, 191 Cabot Street, Beverly, MA. Stephanie Modahl addressed the Board and stated she owns Bonny Breads and she is requesting two additional window signs. One sign was approved by the Design Review Board in addition to the blade sign. Ms. Modahl stated she is requesting two additional signs for symmetry so there will be window signs, one on each side. They also want signage on the side street. The signs will be vinyl on the glass without any lighting. No one from the public spoke in favor or against. Mr. Andrews stated this is a great business and he would like to support it. Mr. Cosmas agreed. MOTION: Mr. Battistelli moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. MOTION: Mr. Battistelli moved to approve a Special Permit at 188 Cabot Street (Bonny Breads) for to add two additional window signs to store front subject to the plans submitted and as approved by the Design Review Board. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Page 9 of 12 Patrick and Carol Terry requests a Special Permit to add a 2nd floor to a nonconforming detached garage for an accessory apartment, and a Variance to allow an accessory apartment in a detached structure. The property is located at 6 Wedgemere Road in the R15 zoning district. Wednesday, October 26, 2022 at 7pm at City Hall, Council Chambers, 3rd Floor, 191 Cabot Street, Beverly, MA. Patrick Terry addressed the Board and stated they are looking to build a nonconforming detached garage for an apartment for his son to live in. There is no affidavit submitted. The apartment will be one bedroom with a kitchen and laundry. Ms. Gougian asked if they are taking the roof off of the garage and building on top of it and Mr. Terry confirmed. Ms. Gougian questioned why the top is wider than the bottom and Michael Terry explained it has a cantilever. Ms. Gougian stated she is not impressed with the design and that she doesn’t think it will improve the property values since it doesn’t match the roof on the existing house. Mr. Cosmas stated he thinks this request is more complicated than presented. Mr. Battistelli asked what about the garage is nonconforming and Mr. Terry stated the back corner is shy of the footage. Mr. Cosmas stated they are not able to grant use variances in an “R” district and the ADU ordinance should be changed but unfortunately they have to deal with what they have. Mr. Andrews stated typically the applicant will come with a plan to connect the garage by a breezeway. Mr. Levasseur stated there is a way to work around it by building a covered breezeway to attach the two buildings. Mr. Andrews stated the applicant would have to come back with additional plans with an attached breezeway. Mr. Terry stated they could do that, the garage not a far distance to the existing house. Ms. Gougian asked how they will access the apartment and Mr. Terry stated there is a side and rear entrance. Mr. Cosmas reviewed the criteria for an ADU. Mr. Terry requested to continue the application to the January 2023 meeting. MOTION: Mr. Cosmas moved to GRANT a continuance to the January 2023 meeting, subject to signing the Waiver and Agreement. Mr. Battistelli second the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. Page 10 of 12 Barry and Hillary Fitzgibbon request a Special Permit to add 2nd floor to existing left side and rear 1-story areas of nonconforming dwelling, with no change in the footprint. The property is located at 10 Connolly Place in the R6 zoning district. Wednesday, October 26, 2022 at 7pm at City Hall, Council Chambers, 3rd Floor, 191 Cabot Street, Beverly, MA. Barry and Hillary Fitzgibbon addressed the Board and stated they are looking to add a second story addition to the rear of the building. It will not be more nonconforming and it won’t be visible from the street. Mr. Fitzgibbon stated they spoke with all of their neighbors and there were no objections. Mr. Fitzgibbon submitted a signed petition in favor. No one from the public spoke in favor or against. Mr. Cosmas stated it looks like the total addition will be less than 25% and Mr. Fitzgibbon stated it will be about 17%. Mrs. Fitzgibbon stated it would allow them to reconfigure the second floor. Ms. Gougian stated the design is nice and ties into the house really well. Mr. Andrews agreed. MOTION: Mr. Levasseur moved to close the public hearing. Mr. Cosmas seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. MOTION: Mr. Cosmas moved to GRANT a Special Permit at 10 Connolly Place to add 2nd floor to existing left side and rear 1-story areas of nonconforming dwelling, with no change in the footprint, subject to the plans submitted. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. OTHER BUSINESS Mr. Cosmas reviewed the process for amending A. Approval of September 28, 2022 Meeting Minutes (Battistelli) MOTION: Mr. Battistelli moved to approve the Minutes from the September 28, 2022 Zoning Board of Appeals meeting. Mr. Levasseur seconded the Motion. Votes in favor: 5-0 (Andrews, Battistelli, Gougian, Levasseur, Cosmas) Motion carries. B. 2023 ZBA Calendar: HOLD Page 11 of 12 MOTION: Ms. Gougian moved to adjourn the meeting at 9:45 pm. Mr. Battistelli seconded the Motion. All in favor. Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 12 of 12