Appeals, Zoning Board of

CITY of BEVERLY Zoning Board of Appeals November 26, 2024 at 7:00 pm These minutes are not a verbatim transcript of the public hearing of the Board of Appeals. Reviews of these Minutes or outcome of the public hearing should include an examination of the Board’s decision for that hearing. Members Present: Kevin Andrews, Chairperson, Cory Farinella, Kellie Rivera, Laura Meisenhelter and alternate member Michael Barone, Jr. Member Absent: Will Cosmas Others Present: Jim Butler, Building Commissioner Leanna Harris, Administrative Assistant Location: Council Chambers City Hall, 191 Cabot Street, Beverly Kevin Andrews, Chairperson began the meeting at 7:00pm and introduced the Board members present. The Board discussed taking the agenda items out of order and moving the application for 20 and 22 Oak Street to the beginning of the agenda. MOTION: Mr. Andrews moved to take the agenda items out of order and start with the application for 20 and 22 Oak Street. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. I. NEW PUBLIC HEARINGS Andrew and Kerry Addis request a Variance under Section 300-34 D (5) replace their existing nonconforming deck and add a roof over a portion of the deck in the rear of the existing nonconforming home. The proposed deck expansion would reduce the existing rear setback from 29.6’ to 14.10’ to the edge of the deck. The property roof setback would be 22.4’ where 25’ is required. The property is located at 4 Victor Avenue in the R10 zoning district. Andrew and Kerry Addis addressed the Board and stated that they have been their home since 2008. They are looking for a variance for a back yard project where they will replace their existing deck and a roof over a portion over it. The roof will encroach into the rear setback. Mr. Andrews stated that he thinks it’s a smart design. Mr. Andrews asked if the size of the deck will change and Ms. Addis stated that it will be longer than the current deck. Ms. Addis stated that they have a small strip of grass that is difficult to take care of so they are just going to move the deck out a bit to cover it. No one spoke in favor or against. Ms. Meisenhelter asked if there is any feedback from their neighbors. Ms. Addis stated that they submitted signatures from neighbors in favor. Mr. Butler stated that the deck they have now isn’t permanent. Mr. Butler also clarified that they are creating a new nonconformity. Mr. Barone stated that this is a narrow lot. Ms. Addis agreed and stated that it is narrower than it should be. Mr. Barone stated that the hardship is where the existing house is located on the narrow lot. MOTION: Ms. Rivera moved to close the public hearing. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Mr. Barone stated that he thinks it’s a nice plan and it’s interesting because it’s not enclosing anything so even though it does encroach into the setback, it is very nicely laid out. Mr. Farinella agreed. Mr. Andrews stated that the plans improve the value of the house and that he appreciates their attention to detail of the design. MOTION: Ms. Rivera moved to GRANT a Variance at 4 Victor Ave under Section 300- 34 D (5) to replace their existing nonconforming deck and add a roof over a portion of the deck in the rear of the existing nonconforming home. The proposed deck expansion would reduce the existing rear setback from 29.6’ to 14.10’ to the edge of the deck. The property roof setback would be 22.4’ where 25’ is required, subject to the plans submitted. The location of the existing house on the narrow lot creates a hardship. Mr. Farinella seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Albert Bala requests a Special Permit under Section 300-34 (C)(1) (j) to convert the existing finished basement into a 370 sq. ft. Accessory Dwelling Unit. The property is located at 39 Bridge Street in the R10 zoning district. Albert Bala addressed the Board and stated that he has a partially finished basement that he would like to convert to an ADU. It will have two egresses. Mr. Butler stated that both the lot and the house are nonconforming. Ms. Rivera stated it is a reasonable request. No one spoke in favor or against. Page 2 of 5  MOTION: Ms. Rivera moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. MOTION: Mr. Barone moved to GRANT a Special Permit at 39 Bridge Street under Section 300-34 (C)(1) (j) to convert the existing finished basement into a 370 sq. ft. Accessory Dwelling Unit, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Alexander & Femino o/b/o Stavri and Klarenta Braco request a Variance under Sections 300-39(B)(3) and 300-39(D) to build on the existing footprint of the commercial building at 20 Oak Street which is 8.8’ from the side lot line and 8’ from the front lot line where current zoning requires 20’ and 10’ from the side lot line and replace the existing commercial building at 20 Oak St that is occupied by 6 businesses with a residential building that would accommodate 5 residential units. In addition, the free-standing building at 22 Oak Street, which as one business in it, would be removed and the area that it is located in would be used for off street parking of 2 spaces per residential unit. The property is located at 20 and 22 Oak Street in the CN zoning district. Tom Alexander, Esq. (Alexander & Femino) addressed the Board and stated that the neighbors had a very well attended meeting on Saturday and it was clear to the applicant that the proposal is too large. They would like to take the opportunity to redesign it. Atty. Alexander requested to continue the application to the January 2025 meeting. MOTION: Ms. Meisenhelter moved to GRANT the request to continue the application for a Variance at 20 and 22 Oak Street to the January 2025 meeting. Ms. Rivera seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Kailah Gilsey requests a Special Permit under Section 300-83A(2) to enclose the existing 2nd story deck to convert to a full bathroom and office within the existing footprint. The property is located at 3 Hale Park Avenue in the R10 zoning district. Kailah Gilsey addressed the Board and stated that he has lived here since 2020 in the small Dutch. They currently have one child and one on the way. Mr. Gilsey stated that he is trying to grow the house within the current footprint. They are looking to enclose an existing 2nd story deck and convert it to an office and full bathroom. There is a sunroom on the first floor. Page 3 of 5 Mr. Andrews asked if the addition overhangs the sunroom and Mr. Gilsey stated it is flush. Ms. Meisenhelter agreed that on the plans the side elevation does look like it extends over the first floor. No one spoke in favor or against. MOTION: Mr. Farinella moved to close the public hearing. Mr. Barone seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Mr. Andrews stated that he thinks these houses look better with just the bump out on the side but he doesn’t’ think the design will be detrimental to the neighborhood. Ms. Rivera stated that this is a reasonable request. Mr. Barone stated that he appreciates that they are building on what currently exists versus on a new foundation. The yard will be preserved. MOTION: Ms. Rivera moved to GRANT a Special Permit at 3 Hale Park Avenue under Section 300-83A(2) to enclose the existing 2nd story deck to convert to a full bathroom and office within the existing footprint, subject to the plans submitted. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. II. OTHER BUSINESS A. Approval of October 30, 2024 Meeting Minutes (Andrews) MOTION: Mr. Andrews moved to approve the Minutes from the October 30, 2024 meeting as written. Ms. Meisenhelter seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries B. 2025 ZBA Calendar (Harris) The Board members discussed attendance at the July 23, 2025 date and agreed to move that date to July 30, 2025. MOTION: Mr. Andrews moved to approve the proposed 2025 calendar with the July meeting date being moved to July 30, 2025. Ms. Rivera seconded the Motion. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Page 4 of 5 MOTION: Ms. Rivera moved to adjourn the meeting at 7:25 pm. All in favor. Votes in favor: 5-0 (Andrews, Farinella, Rivera, Barone, Meisenhelter) Motion carries. Leanna Harris, Administrative Assistant Board of Appeals of the Zoning Ordinance Page 5 of 5