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Harrington - Decision Decision on Petition for a Special Permit Requested by Una M. and William C. Harrington 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 Una M. and William C. Harrington for a Special Permit to encroach five (5) feet six (6) inches plus or minus upon the required fifteen (15) foot side yard setback with a twenty-five (25) feet by twenty-seven (27) feet six (6) inches, one-story octagon addition to expand the kitchen and create a family room, regarding the property located at 29 Pickman Road (the “Parcel”). The property 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. Chairman Houseman recused himself. Mr. Schmidt assumed the position of Acting Chairman and alternate member Jane Brusca assumed a voting position. 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. Una M. and William C. Harrington spoke on their own behalf. Mr. Harrington stated that the proposed family room addition would be located off the kitchen in the rear of the dwelling. The proposed one-story addition would be built along the existing line of the current structure. A letter was submitted with the signatures of seven abutters that are in favor of the proposal. Acting Chairman Schmidt 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. Brusca stated that she was in favor of the proposal. Mr. Ferguson asked why the addition was being made to the right rear of the lot and not the left. Mrs. Harrington responded that a bedroom is located to the left and that she did not want a family room off of the bedroom. She added that the land drops off on the left hand side. Ms. O’Brien noted that the addition was in an appropriate place due to the lot configuration and that the addition would not be a detriment to the neighborhood. Ms. Fish asked if the Harrington’s presently live in the dwelling. Mrs. Harrington responded that they will purchase the property in August and move in September. They would move into the property regardless of whether this special permit was granted. Mr. Schmidt suggested that they allow the special permit on the condition that the addition be limited to one-story. The Harrington’s agreed to this. 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 addition, 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 addition; (4) that adequate and appropriate facilities such as electricity and city water and sewer currently exist on 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 structure with the proposed addition added to it will not be substantially more detrimental than the existing non-conforming structure. Following the questioning and discussion, a motion was made by Mr. Ferguson to GRANT the special permit on the condition that the addition is limited to being one-story, seconded by Ms. O’Brien. The motion 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