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Wile - Administrative Appeal Decision on an Appeal from an Administrative Decision Requested by Evan Wile 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 Evan Wile, Trustee, for an appeal from an administrative decision regarding the property located at 63R West Street also known as 63 West Street (the “Parcel”). The petition is a request of an appeal from an administrative decision of the Building Commissioner’s interpretation of the Beverly Zoning Ordinance, in a letter written January 28, 2002. The Parcel is located in an R-45 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, Scott Ferguson, Margaret O’Brien, Andrea Fish and Mark Schmidt. Alternate members John Colucci, Jane Brusca were present on both dates, alternate member Joel Margolis was present in May. The alternate members did not vote 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 both the April and May meetings, Attorney Robert McCann spoke on Mr. Wile’s behalf. At the April meeting, Attorney McCann addressed each alleged violation cited against his client in the Building Commissioner’s letter dated January 28, 2002. He stated that the storage of automobile parts had been corrected and that any sign that was in excess of two (2) square feet on the property had been corrected. He addressed the storage of recreational vehicles by stating that a small dinghy and a camper were stored on Mr. Wile’s property and he cited specific sections of the Beverly Zoning Ordinance relating to boat and boat trailers, campers and tents, etc. (Section 29-2.B.33) and boats and campers (Section 29-8.G.1) and rear and side yards (Section 29-2.B.49.b thru c.). He added that the bylaws state that if you have a vacant lot you may treat it as if a building is upon it. He asserted that under these four sections, storage of recreation vehicles is permitted as a matter of right. Regarding the portable toilet located on the Parcel, he stated that it is allowed as a recreational use in an R-45 zone. He stated that the storage trailer is used to store beach equipment and construction materials necessary to install a water main. He added that the property is currently being used as open space. At the April meeting, Attorney John Connolly spoke on behalf of John Rattigan. He questioned how Mr. Wile could establish a side and rear lot line that without a dwelling on the lot, and that he hoped the Board would uphold the Building Commissioner’s letter. He stated that nowhere in the Beverly Zoning Ordinance is there a specific category for open space use of recreational use. He commented that if every vacant lot is allowed to use the front, side and rear yard as if it really existed it would basically be creating a boundary around all vacant lots allowing people to put in anything they want. He cautioned the Board to stay within their authority and to be mindful of what was being suggested by Attorney McCann’s interpretation of open space. In April, Mr. Houseman, with Ms. Fish concurring, stated that the Building Commissioner’s January 28, 2002 was issued at the direction of the Board. He said he was uncomfortable making interpretations of the ordinance without a copy of the Board’s decision directing the Building Commissioner to issue that letter, and without the file and an opportunity to review the minutes of the Board’s meetings concerning the Board’s action. The Board passed a motion directing the counsel for both the applicant and opposing counsel to submit a brief Memorandum summarizing their arguments and to submit it to the Board prior to its next meeting. Mr. McCann agreed to continue the matter to the May meeting. Both counsel spoke very briefly in May summarizing their positions. Chairman Houseman asked if there was anyone from the public who would like to comment on the petition. At the April meeting, Mr. Freeman of 45 West Street #22 stated that the lot is an eyesore in the neighborhood. The members made the following observations about the issues on appeal. Ms. Fish stated she was persuaded by Mr. Connolly’s arguments. Mr. Schmidt stated that it was clear to him that open space is not a permitted use. Mr. Ferguson and Ms. O’Brien concurred with Mr. Schmidt. Ms. Fish made a motion to uphold the decision of the Building Commissioner’s request to remove the zoning violations, seconded by Ms. O’Brien. The motion carried 4-1 (Houseman was 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