1998-02-24 (2) MASSACHUSETTS
BOARD OF APPEAL
DECISION ON PETITION FOR A VARIANCE
BY: KRISTIN L. BUCCI
DIANE ROGERS
CLERK
921-6025
A public hearing was held on Tuesday, February 24, 1998 at 7:00
p.m. at City Hall, Beverly, Massachusetts, to further consider the
petition of Kristin L. Bucci for a request for a variance to
encroach 10' plus or minus into the required 15' side yard setback
with a 24' x 24' two story addition containing two car garage with
two bedrooms and one bath above. Property located 7 Rezza Road in
an R-15 Zone.
The February 24, 1998 public meeting of the Zoning Board of Appeals
was called to order by the Chairman Scott D. Houseman.
The following members were present at the call of order:
Scott D. Houseman
Day Ann Kelley
Joshua Anderson
Martin Freeman
Robert McLemore
Margaret O'Brien
The public hearing of Kristin L. Bucci's petition was opened at the
regular January, 1998 meeting of the Board. At that meeting, the
Board voted to continue the public hearing on this petition until
the February meeting of the Board. The written record of the
January public hearing was filed with the City Clerk's office on
February 9, 1998, a copy of it is attached hereto and incorporated
by reference into this decision.
There were three Board members present at the February 24 hearing
who also attended and voted on this petition at the January 27
hearing: Mr. McLemore, Ms. O'Brien, and Ms. Kelley. In addition,
both Mr. Houseman and Mr. Freeman attended the January 27, hearing
of this petition, but did not participate in the Board's January
vote concerning it.
The following Board members present at the February
voted on this petition: Mr. McLemore, Ms. O'Brien, Ms.
Mr. Houseman.
24 hearing
Kelley, and
The February 24 hearing of Kristin L. Bucci's petition commenced
with the Building Commissioner, Mr. Brannan, distributing to the
Board members a copy of the application and accompanying plans
describing the location and zoning of the property at 7 Rezza Road
(the "Parcel") and the existing and proposed structures on it.
Mr. Houseman stated that he sent a letter to Mr. David Bucci, an
owner of the Parcel, a copy of the applicable zoning provisions
concerning his application. A copy of the letter is in the Board's
file.
Attorney Thomas J. Alexander appeared on behalf of the petitioners.
He submitted the following materials in support of it: a petition
signed by neighbors, a plan (a portion of an assessor's map)
showing the Parcel, and photographs of the Parcel. He described
Page 2 (Kristin Bucci)
the Parcel as having a stream which runs along side and behind it,
and a pond-like wetland area behind it as well. He also described
a right-of-way which runs along the same side of the Parcel where
both the stream is located and the proposed addition would be
build. The right-of-way (the "ROW") benefits the land of one
Loraine Curran, of 32 Haskell Street, the Bucci's abutting neighbor
to the rear and side of the Parcel. It is a proposed ROW only
which runs along a narrow strip of Ms. Curran' property. It is not
used by Ms. Curran because she has a paved driveway which provides
her with a different access to her property.
Ms. Curran appeared and stated that she supported the applicant's
petition. No other member of the public accepted the opportunity
given to speak in favor or against the petition. The public
hearing was then closed.
The members of the Board questioned Mr. Alexander and made
observations regarding the criteria required for the Board to'grant
a variance, including the following: Ms. Kelley asked about the
ownership of the ROW and observed that the shape of the Parcel, the
configuration of Rezza Road in relation to the Parcel, the location
of the house on the Parcel, and presence of the stream and wetlands
to the rear of the lot combined to present a practicaldifficulty
to the applicant to construct and addition elsewhere of the Parcel.
She also observed that the location of Ms. Curran's driveway and
the ROW to the same side as the proposed addition would result in
the addition .not being s detriment to the neighborhood. Mr.
Houseman asked Mr. Alexander about the nature of the ownership and
use of the ROW and Ms. Curran's alternate access to her property.
Following the questioning and discussion, on a motion made by Ms.
Kelley, and seconded by Mr. McLemore, the Board voted 4-0
(McLemore, O'Brien, Kelley, and Houseman) to GRANT the petition
without conditions upon its findings that the necessary criteria
for a variance 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 to 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