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1998-02-24 MASSACHUSETTS BOARD OF APPEAL OF THE ZONING ORDINANCE DIANE ROGERS CLERK 921-6025 CUT :7F U'ZVERLY , ' :-',; ':-: =:-: :i~ OFFICE L..,~ .... · DECISION ON PETITION FOR A VANI/tNCE BY: SE/~N T. lIND ST.~CY A. DUNN A public hearing was held on Tuesday, February 24, 1998 at 7:00 p.m. at City Hall, Beverly, Massachusetts, a notice of said hearing having been duly advertised in the Salem Evening News, a newspaper having a circulation in said Beverly and the required persons having been duly notified of the time and place of said hearing concerning the application Sean T. and Stacy A. Dunn in a petition for a request of a variance to encroach 3 ft. plus or minus into the required 20 ft. rear yard setback and 5 ft. plus or minus into the required 10 ft. side yard setback with a two story addition, 12 ft. by 24 ft., containing two bedrooms. Property located 13 Ames Street in an RMD Zoning District. The February 24, 1998 public meeting of the Zoning Board of Appeals was called to order at 7:00 p.m. by the Chairman Scott Houseman. The following members were present: Scott Houseman Day Ann Kelley Joshua Anderson Martin J. Freeman Robert McLemore Margaret O'Brien Mr. McLemore was not present at the public hearing for the petition of Sean T. and Stacy A. Dunn; the remaining members voted on this petition. The February 24 public hearing of this petition commenced with the Building Commissioner, Mr. Brennan, distributing to the Board members a copy of the application and accompanying plans describing the location and zoning of the property at 13 Ames Street (the "Parcel") and the existing structure and proposed addition to it. Mr. and Ms. Dunn appeared on their own behalf. They stated that they want to add two bedrooms to the second floor of their house. They presented a petition signed by abutters to favor the petition. No members of the public appeared to listen to the public hearing, and so none were present to accepL Lhe opportunity to speak in favor or in opposition to the petition. The public hearing was then closed. The members of the Board questioned the petitioners and made observations regarding the criteria required for the Board to grant a variance, including the following: Ms. Kelley observed that the shape of the lot and the location of the house on it created a hardship for any addition to the house concerning the side-yard setback in particular. It was observed by Mr. Houseman and Mr. Freeman that the nature of the proposed addition was consistent ,-~-~ ~h~t ~ the ne~chbo~ho~dl ~-'~owing the questioning and discussion, on a motion made by Ms. Kelley, and seconded by Mr. Page 2 (Sean T. and Stacy A. Dunn) Freeman, the Board voted 5-0 (Houseman, Freeman, Kelley, Anderson, O'Brien) to GRANT the variance without conditions based on its findings that the necessary criteria were found to be satisfied as follows: The Board finds that owing to conditions affecting this parcel of land, but not affecting the Zoning District generally in which it is located, a literal enforcement of the provisions of the Zoning Bylaw will involve substantial hardship to the applicant and the desired relief may be granted without substantial detriment co the public good and without substantially derogating from the intent and purpose of the Zoning Ordinance. Appeals from the Board's decision on this petition may be filed in accordance with the provisions of M.G.L. Chapter 40A, Section 17, within twenty (20) days of the filing of this decision with the City Clerk. Respectfully, Scott D. Houseman, Chairman Board of Appeal of the Zoning Ordinance