Barry - Decision
Decision on Petition for Variances
Requested by Kevin M. and Susan Barry by Attorney Mark Glovsky
A public meeting of the Zoning Board of Appeals (the “Board”) was held on
Tuesday June 25, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly,
Massachusetts. The agenda included a petition by Kevin M. and Susan Barry by their
attorney Mark Glovsky in a request for variances to allow “squaring” of an existing
attached garage by adding an addition located approximately sixteen and one-half (16 ½)
feet from the front lot line where twenty (20) feet is required. Also requested was a
Special Permit (or a variance) to allow a two-story addition (no closer than existing
dwelling) no closer to the Easterly side line than the existing non-conforming dwelling,
regarding property located at 865 Hale Street (the “Parcel”). The Parcel is located in a R-
10 Zoning District.
The June 25, 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, Scott Ferguson, Margaret O’Brien, Andrea Fish and
Mark Schmidt. Ms. Fish recused herself and alternate member Jane Brusca voted in her
place. Alternate member John Colucci was in attendance 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.
Attorney Mark Glovsky spoke on behalf of Kevin M. and Susan Barry. Mr.
Glovsky stated that this application was initially a request for a special permit for the
addition to the Easterly side and a variance for the garage. (Apparently, this application
was published.) He later learned that a variance was granted on the property in 1981,
therefore the application was changed from a request for a special permit and a variance
to a request for two variances. However, he explained that a neighbor is going to sell the
Barry’s a strip of land on the east side of the house, therefore he is requesting to withdraw
that part of the variance.
A letter from Katherine Whittier of 875 Hale Street and Joseph Gal of 861 Hale
Street stating they are in favor of the proposal was read into the record. Mr. Glovsky
stated that the site plan indicates that Hale Street is quite wide in front of the existing
dwelling and gets wider near the petitioner’s garage. He stated that the special
circumstances of this proposal are the shape and location of the structure on the property,
there is only minimum relief requested and it will not be injurious to the neighborhood or
affect generally the zoning district in which it is located. Mr. Glovsky requested to
withdraw without prejudice that part of the application request involving the two-story
addition to the east side of the building and that the Board act only on the garage portion
of the variance.
Chairman Houseman questioned if any member of the public would like to
comment on this petition. There being none, he asked the Board members for questions
and comments.
Ms. O’Brien stated that the hardship of the variance is the shape of the lot and the
placement of the dwelling upon it. Mr. Schmidt questioned if there was a portion of the
public way that could be used for additional grass that could not be driven upon. Mr.
Glovsky stated there was sidewalk. Ms. Brusca stated that the addition would not be
visible from the street. Mr. Ferguson stated he was in favor of the petition and Mr.
Houseman stated that the criteria for a variance appeared to have been met.
The Board incorporated its observations and Mr. Glovsky’s statements as its
specific findings of fact and made the following general findings about the proposed
addition: (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 questioning and discussion, a motion was made by Mr. Schmidt to
GRANT the variance to “square off” the garage, seconded by Ms. O’Brien. It carried 5-
0.
Mr. Ferguson made a motion to allow the other part of the application, whether a
variance or special permit, that included a two-story addition to the east side of the house,
to be withdrawn without prejudice, seconded by Ms. O’Brien. It carried 5-0.
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