Giardina - Decision
Decision on Petition for a Special Permit
Requested by Michael and Diane Giardina
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 Michael and Diane Giardina for a
Special Permit to encroach three (3) feet ten (10) inches plus or minus upon the required
five (5) foot setback with a twelve (12) foot six (6) inch by twenty-two (22) foot eight (8)
inch one-car detached garage to replace the existing sixteen (16) foot by nine (9) foot
four (4) inch garage to be demolished. Also, to encroach three (3) feet plus or minus
upon the rear setback requirement of five (5) feet, regarding the property located at 5
Atlantic Avenue (the “Parcel”). The Parcel is located in a R-6 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. Mr. Ferguson recused himself. Alternate members John Colucci voted
in place of Mr. Ferguson. Alternate member Jane Brusca was present 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.
Michael Giardina spoke on his own behalf. He stated that the existing garage was
built in 1920 for a small vehicle. He commented that the lots in the neighborhood are
small. He stated that he needs room in the proposed garage for his lawnmower and other
personal items. He commented that the proposed garage was jogged back in the plan
from the house so that it would not interfere with the covered porch. Mr. Giardina stated
that he notified all abutters except for Harborlight House. He explained that Harborlight
has a twelve-member board and he was not able to obtain their signatures due the board’s
meeting dates. He submitted two letters in favor of the proposal from John Boudreau of
3 Monument Square and Peter and Debra Dragonas of 7 Atlantic Avenue.
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 their
questions and comments.
Ms. O’Brien stated that the proposal would not be substantially more detrimental
than the existing nonconforming structure to the neighborhood. Ms. Fish asked why
there are two doors on the side of the proposed garage. Mr. Giardina responded that the
doors would allow for the lawnmower to be stored and accessed without having to move
out any vehicle that would be in the garage. Ms. Fish commented that it was an attractive
proposal, would improve the Parcel, and that she is in favor.
The Board incorporated its observations as its general findings of fact and made
the following specific findings about the proposed structure: (1) that the specific site is an
appropriate location for the proposed garage, and that the character of the adjoining uses
will not be adversely affected; (2) that no factual evidence is found that the property
values in the district will be adversely affected by such use; (3) that no undue traffic,
nuisance, or unreasonable hazard will result from the garage; (4) that adequate and
appropriate facilities such as electricity and city water and sewer currently exist for the
parcel; and (5) that there are no valid objections from abutting property owners based on
demonstrable fact. The Board also made a Section 6 finding that the non-conforming
structures on the Parcel with the proposed addition constructed will not be substantially
more detrimental to the neighborhood than the existing non-conforming structure.
Following the questioning and discussion, a motion was made by Mr. Schmidt to
GRANT the special permit, seconded by Mr. O’Brien and 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