Jaworski - Decision
Decision on Petition for a Special Permit
Requested by Linda M. Parker and Walter Jaworski
A public meeting of the Zoning Board of Appeal was held on Tuesday, February
26, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts.
The agenda included a petition by Linda M. Parker and Walter Jaworski for a Special
Permit to encroach 5 feet plus or minus upon the required side yard setback with a one-
story mud-room addition (11 feet by 13 feet) regarding property located at 19 Rezza
Road (the “Parcel”) The Parcel is in a R-45 zoning district.
The February 26, 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, Scott Ferguson, Andrea Fish, and
alternate member Mark Schmidt. Alternate member John Colluci 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.
Mr. Walter Jaworski spoke on his own behalf. He stated that he needed some
kind of shelter on the side of his dwelling and decided to construct a sunroom. He
submitted letters of support from Colleen Bruce of 13 Cliff Street, Timothy B. McAuliffe
of 10 Cliff Street and Emile Dulong of 14 Cliff Street.
When asked, no member of the public present at the hearing wished to comment
on this petition.
The members then questioned the petitioner. They made observations and
obtained answers regarding the criteria upon which findings must be made in order for
the Board to grant a “Section 6” special permit. This discussion is summarized as
follows: Ms. O’Brien commented that she did not believe that this proposal would be
more detrimental to the neighborhood and added that a restriction could be placed on the
decision that the addition remain one-story. Mr. Ferguson commented that in conducting
his site inspection, he found two other dwellings in the neighborhood to have similar
additions and that he concurred with Ms. O’Brien. Ms. Fish and Mr. Houseman, who
also made a site visit, concurred. Mr. Schmidt had no questions.
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The Board incorporated its observations as its specific findings and made the
following general findings about the proposed addition: (1) that the placement of the
addition is an appropriate location on the Parcel and in the neighborhood and the
character of the adjoining residential uses will not be adversely affected; (2) that no
undue traffic, nuisance, or unreasonable hazard will result from the addition; (3) that
adequate and appropriate facilities such as electricity and city water and sewer currently
exist for the Parcel; (4) that no factual evidence was presented by the neighbors or any
others that the proposed addition would adversely affect property values; and (5) that
there were no valid objections from abutting 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 to the neighborhood than
the existing non-conforming structure.
Following the questioning and discussion, Ms. O’Brien made a motion, seconded
by Mr. Ferguson, to adopt the Board’s findings and allow the application, subject to the
limitation that adding an additional story on top of the addition would be prohibited and
would require further relief from the Board. The Board voted 5-0 to GRANT the motion
and the Section 6 special permit.
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
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