Theriault - Special Permit
Decision on Petition for a Special Permit
Requested by John J. Theriault
A public meeting of the Zoning Board of Appeal (the “Board”) was on Tuesday, April
23, 2002 at 7:00 p.m. at 191 Cabot Street, Beverly City Hall, Beverly, Massachusetts. The
agenda included a petition for a Special Permit to encroach 1 foot plus or minus upon the
required 10 foot side yard setback with a 12 foot by 27 foot 6 inches open deck on the rear.
Also, to encroach 3 feet plus or minus upon the required 10 foot side yard setback with a 10 foot
by 22 foot 9 inches two-story addition, which will contain a dining area on the first floor and two
bedrooms on the second floor. Also to encroach 8 feet 6 inches upon the required 10 foot side
yard setback with a 10 foot 6 inches by 4 foot covered porch in the front located at 28 Cliff Street
(the “Parcel”). The property is located in an R-6 Zoning District.
The Public Hearing on this petition opened on March 26, 2002 and was continued to
April 23, 2002. The meeting was called to order by the Chairman Scott D. Houseman. The
following five members of the Board were present in March and April: full members Scott D.
Houseman, Margaret O’Brien, Andrea Fish, Mark Schmidt, Scott Ferguson. Alternate members
John Colucci and Jane Brusca (April only) were present but not voting. Alternate member Joel
Margolis was absent.
The public hearing on this application started with the Zoning Clerk, Diane Rogers,
reading the application to the public and the Board members reviewing the application materials
that show the location and zoning of the Parcel and the proposed additions.
At both the March and April meetings, Mr. Theriault spoke on his own behalf, showed
his plans to the Board, and explained his request.
At the March, meeting his direct abutters on both sides of his property were present and
opposed to his plans. They identified themselves as Ms. June Nelson of 30 Cliff Street and Mr.
Jon Fredricksen of 26 Cliff Street. They expressed numerous concerns about the size and impact
of Mr. Theriault plans on their respective properties. They were especially concerned about the
impact on their views of the harbor. The Board questioned Mr. Theriault about his plans and
several members expressed concern about the size of his proposed changes. Mr. Houseman
pointed out to the neighbors that with small changes in his plans Mr. Theriault could build a deck
as-of-right that they probably wouldn’t like. He pointed out to Mr. Theriault that this is a close
knit neighborhood, and his neighbors will be living very close to him. Mr. Houseman suggested
that all parties meet to try to come up with a proposal that they can all live with. Mr. Theriault
agreed to continue his application for one month to try this approach and the Board so voted.
At the April meeting, Mr. Theriault said that since the last meeting; he has been able to
meet with his neighbors to resolve their differences to his plans. He stated that he has reduced
the size of the project in places where his neighbors care. He submitted the revised plans to the
Board. He stated that the original plans proposed an addition 10 feet by 22 feet 9 inches and in
his revised plans the width is reduced by 1 foot. The width of the deck is reduced by 4 feet
allowing for a five-foot reduction. Mr. Theriault added that there would be no change from the
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initial plan to the front porch changes. He stated that direct abutter, June Nelson of 30 Cliff
Street, was now in favor of the petition because the proposed revised deck would not be blocking
her view. Mr. Theriault explained the changes as follows: the limit of the proposed deck was
reduced from a depth of 12 feet to 8 feet; the proposed addition to be built on the existing
concrete block foundation was reduced from a depth of 10 feet to 9 feet.
Mr. Houseman asked if anyone present would like to comment on this petition. Mr. Jon
Fredricksen of 26 Cliff Street stated that he was in favor of the revised plans.
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: Mr. Schmidt asked about
number of the lot on the plan and Mr. Theriault clarified the situation. Mr. Ferguson commented
that he was pleased with the compromise with the neighbors. Ms. Fish concurred with Mr.
Ferguson. Ms. O’Brien stated that if the revised plans were approved then allowing the special
permit would not result in an altered house more detrimental to the neighborhood than the
present house. Mr. Houseman stated that he conducted a site inspection in March and asked
about the Right Side Elevation Plan, concerning the height of the deck. Mr. Theriault responded
that there was a steep slope on the Parcel from the left side to the right side. Mr. Houseman
stated that he agreed with Mr. O’Brien’s observation and, for the record, that the revised plans
are dated April 12, 2002 and the original plans are dated February 12, 2002.
The Board incorporated its observations as its general findings of fact and made the
following specific findings about the proposed addition: (1) that the placement of the addition 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 factual evidence is found that property
values in the district will be adversely affected; (3) that no undue traffic and no nuisance or
unreasonable hazard will result; (4) that there were no valid objections from abutting property
owners based on demonstrable fact as a result of the revised plans; and (5) that adequate and
appropriate City services are available on site.
Following the questioning and discussion, a motion was made by Ms. Fish and seconded
by Ms. O’Brien to adopt the both the general and specific findings and grant the application
based on the Revised Plans of April 12, 2002. The plans are incorporated by reference into the
Board’s decision and a portion of one sheet of them is attached hereto and to be recorded
herewith. The Board voted 5-0 in favor of the motion and GRANTED the revised application.
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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