Boches - Variance
Decision on Petition for a Variance
Requested by Brian Boches
A public meeting of the Zoning Board of Appeal (“Board”) was held on Tuesday,
March 26, 2002 at 7:00 p.m. at 191 Cabot Street, Beverly City Hall, Beverly, Massachusetts.
The agenda included a petition by Brian Boches that was first heard at its February 26, 2002
meeting and continued to the March meeting. The petition asked for a Variance to encroach
11 feet plus or minus upon the required side yard setback of 20 feet with a two-story addition
(24 feet by 28 feet) that will contain an attached one-car garage and mud room with a family
room above, regarding property located at 19 Rezza Road (the “Parcel”). The property is
located in an R-45 Zoning District.
The March 26, 2002 public meeting of the Board was called to order by the Chairman
Scott D. Houseman. The following members of the Board were present: full members Scott
D. Houseman, Margaret O’Brien, Scott Ferguson, Mark Schmidt and alternate member John
Colucci. Member Andrea Fish was absent.
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
materials.
Mr. Boches spoke on his own behalf. He stated that this item was continued from the
last meeting. He added that a previous petition, filed with the Board was denied in April
2001. He stated that he had been before the Planning Board on March 19, 2002 and it found a
specific and material change had been made to the petition and its plan and granted
permission for Mr. Boches to be back before the Board with a repetitive petition. A letter
from the Planning Board confirming this was given to the Board. Mr. Boches added that at
the February 26, 2002 meeting, he was before the Board and it was uncertain as to whether
the Planning Board had seen the revised plan ultimately denied by the Board in April 2001.
A motion was made by Mr. Ferguson to allow Mr. Boches to proceed with existing
petition and plan noting that the Planning Board on March 19, 2002 voted 8-0 that there was a
material and substantial change. The motion was seconded by Mr. Colucci. All members in
favor. Motion carried 5-0.
Mr. Houseman then asked the Board for their questions or comments on the merits of
this petition. The Board members 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 variance. Mr. Ferguson commented that the hardship is the narrowness of
the Parcel and the existing position of the building. Mr. Colucci stated that this would be
encroaching less than the previous plan. Mr. Houseman commented that he made a site
inspection and noted a steep slope with ledge which creates a hardship. Mr. Houseman asked
to clarify the dimensions of the addition for the record. Mr. Boches responded that the
addition would be 20 feet by 28 feet. Mr. Houseman commented that the dimensions on the
application state a 24 feet by 28 feet addition. Mr. Boches responded that he revised the plans
showing the addition to be 20 feet wide by 28 feet deep.
When asked, no member of the public present at the hearing wished to comment on
the petition.
The Board incorporated its observations as its general findings and also made the
following specific findings: (1) that the request is a minimal one that could be granted and
still allow the petitioner reasonable use of the Parcel; (2) that the shape of the Parcel is narrow
with a steep slope and ledge to the rear of the Parcel creating a hardship that would result in a
loss of the reasonable use of the Parcel if the zoning ordinance were strictly enforced; (3) that
there are no objections from abutters and in fact several neighbors were in attendance at the
February meeting in support of the petition; (4) that the granting of this variance would be in
harmony with the general purpose and intent of the zoning bylaw; (5) that this proposal is not
injurious to the neighborhood; (6) that no factual evidence was presented indicating that
property values in the neighborhood would be adversely affected; and (7) that based upon the
above mentioned factors, allowing the application would not result in a material detrimental
impact on the neighborhood or be inconsistent with the zoning bylaw.
Following the questioning and discussion, the Board voted, on a motion made by Mr.
Ferguson and seconded by Mr. Colucci, to GRANT the variance as presented (with revised
plans showing the addition to be 20 feet wide by 28 feet deep). The motion carries 5-0.
The Board finds that the applicant carried the burden of showing, (1) that owing to
conditions especially affecting the locus, but not affecting generally the Zoning District which
it is located, a literal enforcement to the provisions of the Zoning Ordinance would involve a
substantial hardship to the applicant, and (2) that 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 in filing of this
decision with the City Clerk. This decision shall not be valid unless recorded in 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