MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS. Meeting January 24, 2018

Transcription

1 MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS Meeting Members Present: Michael Sullivan (Chairman), James Diedrich, Bridget Murray, Sarah Mellish, and John Binieris. Members Not Present: Laura Tenny. Mr. James Diedrich announced that he is sitting in for the Chairman, Mr. Michael Sullivan, who has been detained, and called the Meeting of the Manchester-by-the-Sea Zoning Board of Appeals ("ZBA") to Order at 7:07 p.m. Mr. Diedrich introduced the Board members to those in attendance. It is noted that the typed minutes represent the permanent record of the Board. The format of the hearing was explained to those in attendance by Mr. Diedrich. CONTINUED APPLICATION Ms. Murray introduced the continued application of Ben & Michelle Langille (Szczechowicz Landscape Services, Inc.), for a Special Permit under Sections (f) & 7.5 of the Zoning By-Law, and/or other relief as may be necessary, to construct an inground gunite shell swimming pool (18' x 36') and spa (8' x 8') with stone decking and walkways, at 155 Bridge Street, Assessor s Map 26, Lot 26, District C, filed with the Town Clerk on August 22, Mr. Kevin Szczechowicz and Mr. Sasha Pilyavskiy introduced themselves as the landscape contractors working with the Langilles on this project, produced enlarged plans for the ZBA members to review, and explained as follows: Mr. Szczechowicz stated that they have eliminated the spa from the project. Mr. Pilyavskiy stated that the proposed swimming pool will be 34 ft., (tapering down to 32 ft., narrowest point) from the side property line. The back setback is 60 ft. (the road to the pool), and then 26 ft. from the Langille's home. There will be a 6 ft. wooden fence (slightly see-through, with very narrow slats to provide sunlight, cannot be climbed) and a 54 in. aluminum fence. The pool site will be completely enclosed by fencing and gates. We have added trees and inside and outside the pool site to provide better screening, in addition to the existing trees and vegetation. Due to comments by ZBA members at the site visit, we have dropped the elevation of the pool by 3 ft., resulting in less of a slope at the end of the pool and more lawn area. There will only be a 5 ft. drop in elevation from the patio outside the house to the fence. There will be low level lighting around the stairs for safety, and no spotlights. There has been no opposition from the neighbors, and no one is present tonight from the neighborhood. Mr. Sullivan asked if the neighbors across the street will be able to see the pool area, and Mr. Szczechowicz replied no, they can only see the top of the house. Mr. Sullivan asked if any other neighbors can see the pool area, and Mr. Langille replied no, and added that their property has the highest elevation in that neighborhood.

2 Ms. Murray made a motion to grant the application of Ben & Michelle Langille (Szczechowicz Landscape Services, Inc.), for a Special Permit under Sections (f) & 7.5 of the Zoning By-Law, and/or other relief as may be necessary, to construct an inground gunite shell swimming pool (18' x 36') with stone decking and walkways (the 8' x 8' spa has been eliminated from this project), at 155 Bridge Street, Assessor s Map 26, Lot 26, District C, filed with the Town Clerk on August 22, The resulting pool will be designed and built to match the Langille Residence Plan that was revised 10/18/17. The pool will be required to have appropriate fencing, low level lighting, and the screening that is reflected on the plan. Mr. Diedrich seconded the motion. Vote: Unanimous by Mr. Sullivan, Mr. Diedrich, Ms. Murray, Ms. Mellish, and Mr. Binieris. Ms. Murray has volunteered to write the decision, and Mr. Diedrich has volunteered to review the decision. Documents Produced: Narrative by Mr. Andrew Langois, Operations Manager, SLS Landscape Design & Development, Rowley, MA, dated 8/22/2017 (1 page). Manchester-by-the- Sea GIS Viewer of 155 Bridge Street and Property Record Card (2 pages). Project and Landscaping Plan, revised on 10/18/17 (1 page). NEW APPLICATION Mr. Sullivan introduced the application of Peter & Holly Young, for a Special Permit under Section of the Zoning By-Law, and/or other relief as may be necessary, to rebuild and expand the existing porch on the east side of the house and use this area as interior kitchen space, remove steps to create a landing/entry to the kitchen, at 6 Allen Ave., Assessor s Map 52, Lot 24, District G, filed with the Town Clerk on December 21, Peter and Holly Young introduced themselves as owners of the property and explained the proposed project as follows: They would like to extend the existing porch off of their kitchen, which is in need of replacement, 2 ft. towards the street and 6 in. towards the rear, remove the steps (improving drainage), and create a landing/entry to the kitchen where the current landing to these steps exist. We are not seeking to enlarge or change the existing landing, just pivot the entry door 90 degrees. The neighbors are not in opposition to this proposed project. There were no questions or concerns from the ZBA members and no one present from the neighborhood this evening. Mr. Sullivan made a motion to grant the application of Peter & Holly Young, for a Special Permit under Section of the Zoning By-Law, and/or other relief as may be necessary, to rebuild and expand the existing porch on the east side of the house and use this area as interior kitchen space, remove steps to create a landing/entry to the kitchen, at 6 Allen Ave., Assessor s Map 52, Lot 24, District G, filed with the Town Clerk on December 21, Based on a finding that the proposed structure will not be substantially more detrimental to the neighborhood than the existing structure. The provisions of Section 7.5 of the By-Laws regarding Special Permits are satisfied. Provided that the construction proceeds consistent with Page 2

3 the plans submitted with the application and at tonight's hearing: Site Plan signed by Peter Kane and two pages of plans, dated 5/16/17 and 12/5/17, will be attached to the decision. Mr. Diedrich seconded the motion. Vote: Unanimous by Mr. Sullivan, Mr. Diedrich, Ms. Murray, Ms. Mellish, and Mr. Binieris. Mr. Diedrich has volunteered to write the decision, and Ms. Mellish has volunteered to review the decision. Documents Produced: Narrative, dated 12/21/17 (2 pages). Manchester-by-the-Sea GIS view of 6 Allen Ave. neighborhood (1 page). Photograph of proposed project site (1 page). Plan of Land 6 Allen Avenue, signed and stamped by Peter J. Kane, Surveyor, dated 7/9/15 (1 page). Plans with floor plans and elevations, prepared by Laine M. Jones, West Newbury, MA, revised date 12/18/17 (2 pages). Page 3 ADMINISTRATIVE MATTERS Chapter 40B Applications: Ms. Susan Brown, the Town Planner, stated that Mass Housing is willing to do a training, but would like to provide the option of doing the training prior to a potential 40B application is filed, or at the time that the pre-application is filed with the Town Clerk (the same time the application goes to the state). If the latter option is chosen, a technical assistant will follow the application all the way through the application process with you, not only providing training on the 40B process, but also be the Town's consultant throughout that process. The ZBA board members decided to have the training, etc., in the event that a Chapter 40B application is filed with the Town Clerk. Ms. Brown stated that the Planning Board also made the same decision. Review and Approval of the November 29, 2017 Minutes: The ZBA members had reviewed the November 29, 2017 minutes. Mr. Sullivan made a motion to approve these minutes as written. Mr. Diedrich seconded the motion. Vote: Unanimous by Mr. Sullivan, Mr. Diedrich, Ms. Murray, Ms. Mellish, and Mr. Binieris. CONTINUED APPLICATION Mr. Sullivan introduced the continued application of Scott Johnson (Pulaski Drive, LLC), for a Special Permit under Sections 4.2, 7.5.2, and 4.9 (Water Resources Overlay Protection District) of the Zoning By-Law, and/or other relief as may be necessary, to remove the existing house and garage and construct a new two-unit 2-1/2 story residential building with basement and separate garage, within the 100' portion of the site from Pleasant St., at 96 Pleasant St., Assessor s Map 41, Lot 37, Districts D & B, filed with the Town Clerk on August 23, Mr. Scott Johnson introduced himself as the owner of 96 Pleasant St. and distributed the new updated plans. Mr. Johnson stated that we are here to determine if the proposed two-family home meets the guidelines set out on Section 4.2.2, specifically if the structure is appropriate in bulk, shape, and location on the lot. The plans have been revised and the proposed project now involves a 2 story, 2 family home that complies with all the zoning codes in terms of setbacks, distance from the lot line, lot coverage by structure, impervious area, and parking spaces and

4 requirements. Mr. Johnson explained that over the past five (5) months, he and Remko Breuker, the architect on this project, have been working to appease the concerns of the neighbors as it relates to the bulk, shape, location of the lot, and parking. We have compacted the unit together into one (1) definitive structure (reduced overall height and length of the structure), and created a parking plan that keeps vehicles off the street and provides for overflow parking on the lot. The rear unit will have two (2) parking spaces, one in a garage and one next to the garage, and the front unit will have one parking space in a garage. If the front unit residents have a second car, it will have to be parked in the driveway. The code requires three (3) parking spaces in a twodwelling home, and we are providing that plus driveway space for potential overflow. Impervious surface and water runoff is contemplated in the zoning code, as well as the Water Resource Overlay District. The Planning Board will require installation of a drywell, and all gutters must go into downspouts that go into that drywell. There will not be any blasting, unless they encounter something that is unanticipated, and blasting will require a separate permit. Since the last application in November, the footprint of the structure has been decreased by an additional 10%, decreased the square-footage of the units, decreased the height of the unit along Pulaski Drive (now 27 ft. 7 in.), decreased the length of the building along Pulaski Drive (now 66 ft.), decreased the overall lot coverage. Mr. Johnson stated that this proposed building is appropriate and will be a beautiful addition to the neighborhood. Mr. Johnson thanked Mr. Andrew Clark for his assistance soliciting feedback from the neighborhood during the past five months. Earlier this week, Mr. Clark informed us that some neighbors still feel that the proposed structure is still too large in size and bulk as well as parking concerns, and I have prepared a three-dimensional rendering (drawn to scale) of what the proposed structure will actually look like on the lot (corner of Pulaski Drive and Pleasant Street). There was site visit Tuesday evening and we discussed how the replacement of the existing home and garage will create more space and light on the Pulaski Drive side. Mr. Johnson also displayed a large chart of the footprints of a number of houses in the immediate neighborhood, including the proposed structure, each are drawn to scale and taken from public records, and each show lot coverage by structure. The lot coverage for the proposed structure is 2,391 sq. ft., which is not the largest in the neighborhood. The proposed parking plan completely complies with the zoning code. The code allows for historic change to comply with the changing demand of what types of homes people want to purchase, and the proposed project is the bare minimum of what people want in a townhouse today. Mr. Breuker made reference to other homes in the neighborhood and stated that from an overall height, width, and length point of view, the proposed project is similar to other homes in the neighborhood; however, it has more volume on the second floor because it is a two-family. The proposed project is significantly smaller than the other two-family structure at 97 Pleasant Street (91 ft. in length, 2 nd largest lot coverage in the neighborhood). Mr. Sullivan asked Mr. Johnson to address the diversity issue from Section Mr. Johnson replied that Manchester-by-the-Sea doesn't have many two family homes, so his proposed project fits into the idea of diversity in housing stock. Also, many people cannot afford to purchase a single-family home, so a two-family home is a good alternative. Some people are downsizing and/or need a home with less maintenance, and this proposed two-family home will have a condo association that will provide lawn maintenance, snow removal, etc. Page 4

5 Mr. Sullivan stated the ZBA members have to be mindful of the requirements of Section 7.5.2, and asked Mr. Johnson about Mr. Clark's tree and bushes that may potentially block the driveway. Mr. Johnson replied that the trees are on his property and they will have to be eliminated, but he would work on a landscaping plan with Mr. Clark to resolve the issue of the bushes. Mr. Sullivan asked about the two trees in the rear of the lot, and Mr. Johnson replied that he will not remove any trees if he doesn't have to, but one of those trees will have to be removed; however, he and Mr. Breuker are working on a landscaping plan that will include replacing that tree. Ms. Mary Foley, 1 Pulaski Drive, stated that the red Maple tree right on the property line belongs to the town, and it has already been removed according to the rendering plan. Mr. Johnson replied that this would be an issue for the Planning Board to decide. Ms. Mellish asked if the proposed structure will be located entirely in District D, and Mr. Breuker replied yes, and it will meet all the setback requirements. Mr. Sullivan opened the discussion to include the neighbors in the audience and suggested that they be mindful that the ZBA has to apply this by-law as written, and any concern that the by-law needs to be changed must be brought up at Town Meeting. Since the November meeting, the ZBA received letters and communications from the neighbors listing their objections to the project, which included the size and height of the proposed buildings, two (2) family homes on one lot, lot coverage, effect on views and vistas, parking, traffic flow and safety, problem with allowing emergency vehicles, and that the proposed structure is not in keeping with the neighborhood: Eli Boling, 99 Pleasant St. Andrew Clark, 98 Pleasant St. Lois Kiefer, 75 Pleasant St. Dorina Omari, 77 Pleasant St. Catita Perron, 86 Pleasant St. Brenda Attridge, 95 Pleasant St. Anne Coccoluto, 79 Pleasant St. Stacy C. Friends, 94 Pleasant St. Emily Lampert, 73 Pleasant St. Michael Logue, (two lots away, no address provided). Thompson L. Smalley, 3 Pulaski Dr. Mr. Andrew Clark of 98 Pleasant St. produced and distributed a 4-page color document entitled, "Our Primary Concern: It's Too Big!", listing issues/concerns why the proposed project is not appropriate for the lot at 96 Pleasant St. This document included a list of the setbacks of the properties in the neighborhood and concerns regarding size (too big), parking, traffic, and safety, as well as concerns pertaining to Sections 4.2.2, 4.2.3, 7.5, and Mr. Clark thanked Mr. Johnson and Mr. Breuker for providing the updated plans and 3-dimensional rendering. Mr. Clark reviewed and explained this document to the ZBA members and neighbors in the audience and further explained as follows: The proposed project is too big for the lot and will still be the largest structure in the neighborhood (nearly double the average in the neighborhood on a lot that is 20% smaller). The neighbors are not opposed to a multi-family home or this design, but are opposed to the proposed structure on that lot. Page 5

6 The following neighbors voiced their objections to the project, which included the size and height of the proposed buildings, proposed structure too large for the lot, lot coverage, effect on views and vistas, parking, traffic flow and safety, problem with allowing emergency vehicles, the location of the utility pole with respect to the proposed driveway, and that the proposed project is not in keeping with the neighborhood: Mary Foley, 1 Pulaski Dr. Linda Jellison, 2 Currier Rd. Linda Lucas, 84 Pleasant St. Anita Brewer, 6 Pulaski Dr. Steve Paccone, 37 Pleasant St. Chris Michele, 8 Eagle Head Rd. Thomas McMahon, 0 Greenbrier Rd. Joe Weld, 60 Pleasant St. Kristen Francoeur, 116 Pleasant St. Kimberly Ray, 93 Pleasant St. Mr. Diedrich echoed Mr. Sullivan's earlier statement that the public must be mindful that the ZBA has to apply this by-law as written, and any concern that the by-law needs to be changed must be brought up at Town Meeting. Mr. Sullivan closed the hearing portion of the meeting opened the ZBA members' discussion portion of the meeting. Ms. Mellish stated that she felt the applicant has satisfied the by-law requirements, and the size of the building in relation to the neighborhood is reasonable it is 2 stories, and other homes are covering a larger portion of their lots. A 2-1/2 story single family house that covers 50% of the lot can be constructed on this lot. Neighborhoods are changing with the times, and this proposed project is not out of character with the neighborhood. Ms. Murray stated that she will vote in favor of this proposed project as presented tonight. Mr. Binieris stated that he agrees with Ms. Mellish in that the size and bulk of the proposed project is appropriate and reasonable. Mr. Johnson has conveyed a willingness to work with the neighbors, and the proposed project has become smaller and smaller with each subsequent meeting scaled down approximately 35% since the first meeting on this application. At the previous meetings, the issue was vehicles backing out onto Pulaski Drive, and the theme tonight is the issue of vehicles backing out onto Pleasant St.; however, everyone who lives on Pleasant St. has to take on that risk, so it is not a safety issue. Ms. Murray stated that she likes tonight's design better than the previous two designs and appreciates the rendering document. Everyone who lives on Pleasant St. has to back their vehicles out onto Pleasant St. The zoning by-laws does contemplate two-family structures. I agree with Mr. Diedrich regarding if you want changes to the By-Laws, we encourage you to go to the Town Meetings and make changes to the By-Laws, if you want changes made, and not just changes in your neighborhood. The ZBA members have to parse through this poorly written bylaw month after month and decide what is in keeping with the neighborhood, based on things Page 6

7 like lot coverage, setbacks, and what the Zoning By-Laws actually says. Ms. Murray concluded that she is inclined to vote in favor of tonight's proposed design. Mr. Diedrich stated that the design has improved with every meeting and has become more in keeping with the neighborhood. The issue of vehicles backing in and out of Pulaski Dr. and Pleasant St. has been exaggerated and not as much of a safety hazard as has been presented here. Mr. Johnson and Mr. Breuker have done a good job trying to present alternatives. This is an adequate design. It meets the requirements of the Zoning By-Law. I would tend to support the proposed project as presented tonight. Mr. Sullivan stated that he will vote in favor of the proposed project as presented tonight. Mr. Johnson, Mr. Breuker, and Mr. Clark had a discussion regarding screening, and Mr. Johnson agreed to accommodate Mr. Clark's wishes, which are listed in the motion below. Mr. Sullivan made a motion to grant the application of Scott Johnson (Pulaski Drive, LLC), for a Special Permit under Sections 4.2, 7.5.2, and 4.9 (Water Resources Overlay Protection District) of the Zoning By-Law, and/or other relief as may be necessary, to remove the existing house and garage and construct a new two-unit 2-1/2 story residential building with basement and separate garage, within the 100' portion of the site from Pleasant St., at 96 Pleasant St., Assessor s Map 41, Lot 37, Districts D & B, (now only District D), filed with the Town Clerk on August 23, Provided, however, that we are not granting relief under Section 4.9 of the Zoning By-Law, relating to the Water Resources Overlay Protection District, because that it not within our jurisdiction and must be obtained from the Planning Board, including curb cuts and probably the issues of parking and safety. Further provided that the construction proceeds consistent with the latest set of plans dated January 14, 2018 T1.0. A1.0, A1.1, A2.0, and A2.1. Further provided that the construction is reasonably consistent with the 3- dimensional colored rendering, dated 1/14/2018 (Mr. Sullivan added date and his signature to this document). Further provided that the natural screening that exists between the Johnson and Clark car/driveway properties will be maintained as they currently exist in terms of breadth, depth, and height. Further provided that the chain-link fence at the rear of the property will be removed by the applicant and replaced with a 4 ft. high cedar fence that is similar in quality and appearance to the one extending toward the subject property from the property immediately behind it on Pulaski Dr., and also extending that same fence off into the adjacent Clark property, and replacing the existing chain-link fence on the Clark property with an extension of that same 4 ft. cedar fence (also at the applicant's expense). Provided that there be screening at the rear of the property near the existing tree straddling the subject property and the one immediately behind it on Pulaski Dr., in line with the garage to the lot corner between the line extending from the bottom left lot corner, extending across to the right (as you are looking at the property from above and the rear, to the edge of the garage. Arrangement with the neighbors for planting an 8-10 ft. high arborvitae (beginning approximately 22 ft. from the property line and run to the back end of the property line. Provided that the tree at the bottom right-hand corner of the property will remain. Provided that a new tree will be planted as depicted in Plan T1.0. Finally, provided that the driveways and turnaround areas will be forever maintained as depicted on Plan T1.0. Ms. Mellish seconded the motion. Vote: Unanimous by Mr. Sullivan, Mr. Diedrich, Ms. Murray, Ms. Mellish, and Mr. Binieris Page 7

8 Mr. Sullivan modified the motion by adding the following: Based upon the findings for all the reasons that have been explained at multiple hearings by the ZBA members that the factors set forth in Sections and are met, provided that the qualifications just read into the motion are complied with. Mr. Diedrich seconded the motion. Vote: Unanimous by Mr. Sullivan, Mr. Diedrich, Ms. Murray, Ms. Mellish, and Mr. Binieris. Mr. Sullivan will write the decision, and Mr. Diedrich will review it. Documents Produced: REVISED PLANS T1.0 Proposed Site Plan, A2.0 Proposed Elevations, A1.0 Proposed Plans, A1.1 Proposed Plans, A2.1, 3-dimensional rendering of proposed structures, and superimposed plan comparing existing structures to proposed project structures, each one page, prepared by Breuker Design, LLC, dated January 14, 2018 and each one page. Mr. Andrew Clark of 98 Pleasant St. produced a 4-page color document entitled Our Primary Concern: It's Too Big! Correspondence from the neighbors, as listed above. Mr. Sullivan made a motion to adjourn. Ms. Mellish seconded the motion. Vote: Unanimous by Mr. Sullivan, Mr. Diedrich, Ms. Murray, Ms. Mellish, and Mr. Binieris. The meeting was adjourned at 9:47 p.m. Respectfully submitted, Adele Ardolino, Clerk Manchester-by-the-Sea Zoning Board of Appeals These Minutes were approved by the members of the Zoning Board of Appeals on February 28, N.B. These minutes are not verbatim. They are the clerk's interpretation of what took place at the meeting. Page 8