Harrington - Special Permit
Decision on Petition for a Special Permit
Requested by George Harrington
A public meeting of the Zoning Board of Appeal was held on Tuesday, January
22, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts.
The agenda included a petition by George Harrington for a Special Permit to encroach 19
feet plus or minus upon the side yard setback requirement of 20 feet with an attached
single car garage, (12 feet 9 inches by 23 feet 6 inches by 16 feet high), regarding
property located at 147 West Street (the “Parcel”). The property is located in an R-45
Zoning District.
The January 22, 2002 public meeting of the Board was called to order by the
Chairman Scott D. Houseman. The following five members of the Board were present:
full members Scott D. Houseman, Margaret O’Brien, Mark Schmidt, Andrea Fish, and
alternate member John Colluci. Member Scott Ferguson was present but not voting.
The public hearing on this application started with the Zoning Clerk, Diane
Rogers, reading the application request to the public and the Board members reviewing
the application material that show the location and zoning of the Parcel and the proposed
garage.
Mr. Craig Bosworth of Grazado Velleco Architects spoke on behalf of the
petitioner. He presented a drawing illustrating the dwelling with the proposed garage.
Mr. Bosworth stated that there are wetlands to the east of the Parcel. He added that this is
the best location for the garage as it will match the character of the existing house with a
brick façade, low single story house, brick building and slate roof. He stated that the
garage will attach to the mudroom/kitchen wing and that this design will help finish the
courtyard form to align with the existing greenhouse. Mr. Bosworth commented that
they received a permit from the Conservation Commission for this work.
When asked, no member of the public present at the hearing wished to comment
on this petition.
The members then questioned the petitioner. They made observations and
obtained answers regarding the criteria upon which findings must be made in order for
the Board to grant a “Section 6” special permit. This discussion is summarized as
follows: Ms. Fish commented that there were no neighbors on that side of the
construction that she was in favor of the petition. Mr. Colucci stated that the dwelling
was nice and that he thought the addition would add to the property and not be
detrimental to the neighborhood. Ms. O’Brien commented that the design added
symmetry. Mr. Houseman agreed with the comments of the other members. Mr.
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Schmidt started a discussion about the closeness of wetlands to the proposed garage and
action recently taken by the Conservation Commission on this project. Planning Director
Hurlburt clarified these issues and action taken by that board.
The Board incorporated its observations as its general findings and made the
following specific findings about the proposed garage: (1) that the placement of the
garage is an appropriate location on the Parcel and in the neighborhood and the character
of the adjoining residential uses will not be adversely affected; (2) that no undue traffic,
nuisance, or unreasonable hazard will result from the addition, including that no
additional traffic will be generated by the garage; (3) that adequate and appropriate
facilities such as electricity and city water and sewer currently exist for the Parcel; (4)
that no factual evidence was presented by neighbors or any others that the proposed
garage would adversely affect property values; and (5) that there were no valid objections
from abutting owners based on demonstrable fact. The Board also made a Section 6
finding that non-conforming structure with the proposed garage added to it will not be
substantially more detrimental to the neighborhood than the existing non-conforming
structure.
Following the questioning and discussion, on a motion made by Ms. Fish and
seconded by Ms. O’Brien to adopt all these findings, the Board voted 5-0 to GRANT the
Section 6 special permit.
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 filing
of this decision with the City Clerk. This decision shall not be valid unless recorded at
the Essex County Registry of Deeds in Salem, Massachusetts after the twenty-day appeal
period has passed without an appeal being filed.
Respectfully,
Scott D. Houseman
Zoning Board Chairman
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