Ivnitskiy - Decision
Decision on Petition for a Special Permit
Requested by Sergey Ivnitskiy
A public meeting of the Zoning Board of Appeals (the “Board”) was held on Tuesday
September 24, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly,
Massachusetts. The agenda included a petition by Sergey Ivnitskiy for a special permit to
encroach 9 feet plus or minus upon the required 25 feet rear yard setback with a 12 feet
by 12 feet, one-story family room addition, regarding the property located at 28 Country
Drive (the “Parcel”). The property is located in a R-10 Zoning District.
The September 24, 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, Margaret O’Brien, Andrea Fish, Mark Schmidt and
Scott Ferguson. Alternate members Jane Brusca and Joel Margolis were 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.
Sergey Ivnitskiy spoke on his own behalf. Mr. Ivnitskiy stated there was a porch on one
side of the dwelling and attached to that is the existing small kitchen. He would like to
enlarge the kitchen and construct a new family room.
Chairman Houseman asked if any member of the public would like to comment on this
petition. Mr. Kevin Scullin of 19 Sonning Road, a direct abutter in the rear yard, stated
that he was in favor of the petition.
Chairman Houseman then asked the Board Members for their questions and comments.
Ferguson stated he had made a site visit today and noted that the proposed addition would
replace the existing pressure treated deck. Ferguson asked if there would be a permanent
concrete foundation. Mr. Ivnitskiy responded there would not be a permanent foundation
and that he would use "sono tubes." Ferguson asked about an existing silver maple tree.
Mr. Ivnitskiy responded he would build around the maple tree. Houseman stated he
made a site visit today and he observed that several other neighbors have similar
additions to the one proposed. He stated that it is his opinion that the proposed addition
would not be substantially more detrimental than the existing non-conforming structure.
Fish concurred that the proposal is consistent with a Section 6 Finding and would not
adversely add to the existing non-conformity. Houseman stated the application should be
consistent with the plans submitted and that there will not be a basement below the
addition.
The Board incorporated its observations as its general findings of fact and made the
following specific findings about the proposed use of the 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 the addition; (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 Fish to GRANT the
special permit, subject to the conditions that the addition: (1) will conform with the plans
submitted and will not have a full foundation and (2) shall be limited to no more than a
one-story room, and seconded by Ferguson. 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 Houseman
Zoning Board Chairman