Manzi - Variance
Decision on Petition for a Variance
Requested by Alaine Manzi
A public meeting of the Zoning Board of Appeals (the “Board”) was held on
Tuesday May 28, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly,
Massachusetts. The agenda included a petition by Alaine Manzi for a variance regarding
property located at 10 Beckford Street (the “Parcel”). The petition is a request of a
dimensional variance to allow the existing one-family dwelling structure sited on a 5,910
square foot lot to be converted into a three-unit dwelling structure, where 12,000 square
feet is required. The Parcel is located in an RMD Zoning District.
The Public Hearing on this petition opened on April 23, 2002 and was continued
to May 28, 2002. On both dates, the hearing was called to order by the Chairman, Scott
D. Houseman and the following five members of the Board were present: full members
Scott D. Houseman, Margaret O’Brien, Andrea Fish and Mark Schmidt and alternate
member John Colucci. Full member Scott Ferguson did not attend the April hearing and
did not vote on this applicationl. Alternate member Jane Brusca was present on both
dates, alternate member Joel Margolis was present in May; neither of them voting on this
decision.
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.
At the April meeting, Ms. Manzi spoke on her own behalf with Richard
Cunningham appearing with her. At the May meeting, Attorney Jerald Parisella of the
Law Office of Alexander and Femino spoke on behalf of Ms. Manzi with Richard
Cunningham appearing with him.
At the April meeting a petition was submitted to the Board signed by neighbors
located at 16 and 29 Beckford Street and 15 Gage Street who had no opposition to the
approval of this project. Mr. Cunningham stated that Deborah Mager, owner of 19
Beckford and 137 Elliott Street and neighbors located at 6 and 12 Beckford Street were
also in favor of the petition, although they had not signed a petition. He added that the
abutter at 8 Beckford Street could not be reached. The Board questioned Ms. Manzi
about her plans and several members expressed concern about the scale of the project in
context with the rest of the neighborhood.
Ms. O'Brien stated that the design is out of character with the neighborhood
which has other one-family dwellings. Ms. Fish found that the claim to hardship, which
is necessary for a variance, was lacking.
Mr. Houseman stated that he would like more information pertaining to the cost
of the renovations. Mr. Houseman noted that there are several issues for the Board to
consider with this application, including: (1) whether the criteria for a variance are
satisfied; (2) whether the submitted plan is acceptable to the Board; and (3) the issue of
appropriateness of a single-family versus a multi-family in the neighborhood. Mr.
Houseman suggested that the owner provide documentation to prove that hardship exists
along with the mortgage and appraisal documents and that better plans be presented. Ms.
O’Brien also asked for more signatures from neighbors.
At the May meeting, a revised plan was submitted and additional signatures from
neighbors were provided. No other new information was submitted. Attorney Parisella
said that Ms. Manzi had revised the plan from a three-unit dwelling to two-units. The
façade would remain the same and the existing dormer would be lengthened. He added
that the front porch would remain with new windows installed. More yard space would
be provided because parking was reduced from six (6) spaces to four (4) spaces. He
noted that the revised plan would be a nice addition to the neighborhood and that the
direct abutters were two- and three-units each. He added that there are no objections
from neighbors although he could not locate one of the abutters.
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 the following
observations about the plans. Ms. O’Brien stated the revised plan was better. Ms. Fish
stated that the plans appeared better although she did not feel that that Mr. Cunningham
had substantiated a hardship because no written documents had been submitted. Mr.
Cunningham stated he estimated that the renovation would amount to about 1,700 square
feet at a cost of $120 per square foot. Mr. Collucci stated that the hardship could be the
narrowness of the building and its placement on the lot. Mr. Houseman found that the
drawings were an improvement from the previous ones. He found that a variance could
be found based on the position of the house as it is situated on the lot and the fact that the
lot is narrow. However, he noted that this was an application related to the minimum
square footage. He added that it is difficult to establish a connection between, on one
hand the hardship created by the condition of the structure and its position on the lot and
on the other hand a variance for a lot that is too small for the proposed use. Mr. Schmidt
stated that there is financial hardship because the repair costs needed to fix-up the
structure as a one-family dwelling would exceed the fair market value for the structure
after the renovation was complete, and that the applicant has been responsive to the
Board’s concerns by reducing the requested relief as now only a two-family, not a three-
family, is requested.
The Board incorporated Mr. Schmidt’s, Mr. Houseman’s, and Mr. Collucci’s
observations as its general findings of fact and made the following specific findings about
the proposal: (1) that the request is the minimum one that could be granted and still allow
the petitioner reasonable use of the Parcel; (2) that the granting of this variance would be
in harmony with the general purpose and intent of the zoning bylaw; and (3) that this
proposal is not injurious to the neighborhood or otherwise detrimental to the public
welfare.
Following the question and discussion, Mr. Schmidt made a motion, seconded by
Ms. O’Brien, to GRANT a variance for the revised application for a two-family dwelling,
based upon and incorporating by reference the revised plans (to be recorded as part of the
decision) attached hereto as Exhibit A. The Motion carried 4-1 (Ms. Fish opposed).
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