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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