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Nako Variance - Decision Decision on Petition for a Variance Requested by Joseph and Brenda Nako A public meeting of the Zoning Board of Appeals (the “Board”) was held on Tuesday January 28, 2003 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts. The agenda included a petition by Joseph and Brenda Nako for a variance encroach 10 feet upon the required 20 feet side yard setback, to encroach 16 feet upon the required front yard setback of 30 feet and to exceed the 15 feet height restriction with a 20 feet by 24 feet by 18 feet high detached garage, regarding the property located at 269 Hale Street (the “Parcel”). The property is located in an R-45 Zoning District. The January 28, 2003 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, and Mark Schmidt. Margaret O’Brien recused herself. Alternate members Jane Brusca and Joel Margolis assumed voting positions. 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. Nako spoke on his own behalf. Mr. Nako stated the hardship upon his land is the shape of the lot. He added there is ledge in the front yard and that is why the proposed garage is located toward the rear of the property. He stated he did speak to his neighbors. Chairman Houseman read into record a letter in support of this variance from the following neighbors: Sheila Frisch of 271 Hale Street, Michael and Kate Myhre of 273 Hale Street, and Susan Schale of 267 Hale Street. He commented that Ms. Frisch and Mr. Myhre are affected the most by the proposed variance. Chairman Houseman questioned if any member of the public would like to comment on this petition. Margaret O’Brien, of 9 Willow Street, stated that the petitioners property is beautiful and she is confident this project will also be beautiful. Chairman Houseman asked the Board Members for their questions and comments. Ferguson stated he made a site inspection on January 26, 2003. He added that the hardship is the shape of the land and topography. The Board then made the following specific findings about the variance: (1) that special conditions relative to topography, ledge and the irregular shape of the lot exist, which are peculiar to the parcel but not affecting generally the zoning district in which it is located; (2) that the request is the minimum one that could be granted and still allow the petitioner reasonable use of the parcel; (3) that the granting of this variance would be in harmony with the general purpose and intent of the zoning bylaw; and (4) that this proposal is not injurious to the neighborhood or otherwise detrimental to the public welfare. Following the questioning and discussion, a motion was made by Schmidt to GRANT the variance, seconded by Ferguson. The motion carried 4-1 (Schmidt, Ferguson, Brusca and Margolis in favor) (Houseman opposed). 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 Ferguson Zoning Board Member SF/lz