2001-02-27
CITY OF BEVERLY MASSACHUSETTS
PUBLIC MEETING MINUTES
These minutes are not a verbatim transcript of the public hearings or public meetings of
The Zoning Board of Appeal. Reviews of the discussion or outcome of public hearings should
Include an examination of the Board’s decision for that hearing.
Board: Zoning Board of Appeal
Date: February 27, 2001
Place: Beverly City Hall, Council Chamber, 191 Cabot Street
Board Members Present: Full Members: Chairman, Scott D. Houseman, Robert
McLemore, and Margaret O’Brien. Alternate Members:
Scott Ferguson and Mark Schmidt.
Members Absent: Leonard J. Bertaux, Martin Freeman, and Andrea Fish
Others Present: Building Commissioner/Zoning Officer – Timothy Brennan
Clerk of the Board – Diane Rogers – and Assistant City
Planner – Debra Hurlburt
Chairman Houseman stated that there were no new cases to be heard except for the two holdovers from the
previous month.
Houseman also requested a motion to adopt the minutes of November 2000 and January 23, 2001.
Schmidt: Motion to adopt the November 2000 and January 23, 2001 minutes. Seconded by Ferguson.
Motion carries 5 – 0 ( Schmidt, Ferguson, Houseman, O’Brien, & McLemore)
238 Conant Street – IR Zone – Cornerstone Corp. – Variance Request
Chairman Houseman read into record a letter from Attorney Nancy A.S. McCann which stated on behalf of
the applicant, Cornerstone Corporation, she hereby requests that the hearing for a use variance be continued
until the March 27, 2001 meeting. She went on to say that the applicant is involved in another project on
the South Shore for which a special meeting had been scheduled for the same night. She also extended the
time in which the Board has to act on the variance application until April 15, 2001.
McLemore: Motion to allow case to be continued until the March 27, 2001 meeting. Seconded by
Ferguson. Motion carries 5 – 0 (Houseman, McLemore, O’Brien, Ferguson, & Schmidt)
181 Elliott Street – IG Zone – Gateway, 900 Cummings Center – Variance Request
Attorney Thomas Alexander spoke on behalf of the petitioner. He stated he would like five members of the
Board to vote on this proposal. Houseman stated that Andrea Fish was the fifth member that heard this
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proposal last month. He added that Fish was absent. Attorney Alexander then requested that the hearing
for this variance be continued until the March 27, 2001 meeting.
McLemore: Motion to allow case to be continued until the March 27, 2001 meeting. Seconded by
Ferguson. Motion carries 5 – 0. (McLemore, Ferguson, Houseman, O’Brien, & Schmidt)
Chairman Houseman stated that the Board Members should now motion to leave the Councilor’s Chamber
and enter the Committee Room and discuss changes to the “Rules and Regulations” for obtaining a
variance or special permit.
Motion to move the meeting to the Committee Room. Motion carries 5 – 0. (Houseman, McLemore,
O’Brien, Ferguson, & Schmidt)
Members discussed the changes to the “Rules and Regulations” of the Zoning Ordinance.
Meeting adjourned 10:30 p.m.
Houseman passed out information regarding Rules of the Board to the members. He stated the underlined
words are the new and the old words were crossed out.
Regarding number one: McLemore: Motion to accept. Seconded by Ferguson. Changes accepted 5-0
Number two: Ferguson: Motion to accept. Seconded by McLemore. Changes accepted 4 –0
(Mr. Schmidt stated he had not read this information and feels that he should not vote)( Chairman
Houseman responded that he should vote)
Number three: McLemore: Motion to accept. Seconded by Ferguson. Changes accepted 5 - 0
(I to read: If the petitioner is not the owner, a declaration of the status or interest of the petitioner in the
land must have written authority from the owner to file the application .
McLemore Requested: Number 3 – L. Any facts not specifically requested in the application,
which may be material to the relief being sought.
Number Four: Shall read: Each application shall be accompanied by ? copies of a certified plot
plan, dated within two years, showing all improvements or alteration on the lot to date. etc.
Number Four A Shall read: The plot plan shall be drawn to the scale no smaller than one inch to
20 feet.
O’Brien: Motion the Chairman may fix errors in the Rules and Regulations. Seconded by Ferguson
Number Four F: Was adopted. Take out the words foundation and /or and keep as is the one inch
to four feet.
Number four G and H was adopted.
Number four I shall read: Under no circumstances will a free hand sketch be accepted as a plan.
At the Boards discretion a full instrumental survey may be required
McLemore: Motion to accept. Seconded by O’Brien. Passes 4 – l (Schmidt in the negative)
Number 5 Shall read: Each application shall include 13 copies of the portion of the assessor’s map that
shows the property in relation to the surrounding neighborhood.
Ferguson: Motion to pass. Seconded by O’Brien. Passes 5 – 0.
Number 6 shall read: Each application shall be accompanied by at least six color sets of photographs etc.
Schmidt: Motion to pass. Seconded by O’Brien. Carries 5 – 0.
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Number 7 shall read the same.
McLemore: Motion to allow the chairman to alter the numbers. Seconded by Schmidt. Passes 5 – 0.
Number 8 shall read: the same.
Schmidt: Motion to pass. Seconded by Ferguson. Carries 5 – 0.
Number 13. Change to read: No building permit based on any relief granted by the Board shall issue
without the petitioner providing proof of having recorded the Board’s decision.
Schmidt: Motion to pass. Seconded by Ferguson. Passes 5 – 0.
Revised and Amended to conform to regulations on February 27, 200l.
To take effect on upon May 1, 2001..