Taygeta Corp. - Decision
Decision on Petition for a Special Permit and a Variance
Requested by Taygeta Corp.
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 Taygeta Corp. for a special permit to
expand a nonconforming use by the addition of a single-story building containing 13,440
square feet for indoor commercial recreation purposes and for a variance to allow the rear
setback of 15 feet where 25 feet is required, regarding the property located at 31 Tozer
Road (the “Parcel”). The property is located in a IR 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, Margaret O’Brien and Mark Schmidt.
Alternate member Jane Brusca assumed a voting position. Alternate member Joel
Margolis 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.
Steven Connolly, owner of the Bass River Tennis Club at 31 Tozer Road,
explained the evolution of the club from when it opened in 1971 with 5 indoor tennis
courts. He noted that in 1972, three additional indoor courts were added and in the mid-
1970s, two outdoor courts were constructed. He explained that the outdoor courts do not
experience as much use as the indoor courts. The demand for indoor courts is increasing
and to accommodate, they propose two new indoor courts in the approximate location of
the existing outdoor courts.
Attorney Mark Glovsky was also present and spoke on behalf of Mr. Connolly.
He stated a special permit was required to modify a non-conforming use. The existing
building was constructed in 1971 and the zoning at that time did not require a special
permit, therefore it is a legal nonconforming use. He stated that a variance is needed to
allow the rear setback of 15’ where 25 feet is required. He stated the property fronts on
Tozer Road. He added that the proposed building would be 15 feet from the MBTA
railroad tracks in the rear. On the other side of the tracks are the playing fields of the
North Shore Country Day School. He explained that the site contains three existing
buildings and two existing outdoor courts. Photographs were submitted to the Board.
A letter was read into record by Chairman Houseman from Arro Engineering, a
direct abutter, in support of the petition. Mr. Glovsky also stated that Mr. John Drislane,
owner of Appleseeds was also in favor of the petition.
Mr. Glovsky stated this project will not generate additional noise and that there
will be no exterior lighting because the tennis courts will now be inside. They will also
create 15 new parking spaces that will be located between the buildings and will not be
visible from the street. This is the minimum relief necessary for a variance. Tennis
courts are of a specific regulation size; therefore, a variance is required.
Chairman Houseman asked if any member of the public would like to comment
on this petition. Joan Murphy of 36 Longmeadow Road questioned if this petition would
go before the Conservation Commission due to its proximity to the Varian property. Mr.
Connolly responded that they would not need to obtain Conservation Commission
approval. He added that no excavation would be needed and that the tennis courts would
be constructed over a concrete slab.
Chairman Houseman then asked the Board Members for their questions and
comments. Ferguson stated he made a site visit on Sunday, January 26, 2003. He stated
he initially had concerns about spilled solvents related to Varian. He stated he has
concluded that this use would not further impact the underground problem in this area.
He commented that the appearance of Mr. Connolly’s property is commendable.
Houseman stated he made a site visit on Sunday, January 26, 2003 and noted that
the construction of the foundation would be upon a slab. He stated he was aware of the
pollutants from Varian Corp., however, tennis courts do not need foundations. He added
the construction would not affect residential areas.
Schmidt asked if the project would exceed 25% of the existing footprint. Mr.
Glovsky provided calculations that the percentage of the addition was 22.9%. Schmidt
stated this project will not increase traffic or make noise and that it would enhance
property values. He felt there was no “down side” to this petition.
The Board incorporated its observations as its general findings of fact and made
the following specific findings about the proposed use of the addition: (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 will be provided for the proper operation and
maintenance of the proposed use; (5) that there are no valid objections from abutting
property owners based on demonstrable fact ; and (6) that adequate and appropriate City
services are available for the proposed use. The Board also made a Section 6 finding that
the expanded non-conforming use will not be substantially more detrimental than the
existing non-conforming use and that such use will not increase the building area by more
than 25 percent.
Following the questioning and discussion, a motion was made by O’Brien to
GRANT the special permit, seconded by Ferguson. The motion carried 5-0 (O’Brien,
Houseman, Schmidt, Ferguson and Brusca in favor).
The Board then made the following specific findings about the variance: (1) that
special conditions 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, as tennis courts have
standardized dimensions; (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 O’Brien to
GRANT the variance, seconded by Ferguson. The motion carried 5-0 (Houseman,
O’Brien, Ferguson, Schmidt and Brusca in favor).
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,
Jane Brusca
Zoning Board Member
JB/lz