Crisafi - Decision
Decision on Petition for a Special Permit
Requested by William Crisafi
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 William Crisafi for a special permit to
encroach 2.3 feet upon the required 15 feet side yard setback with a 15 feet by 21 feet
attached car port, regarding the property located at 9 Conner Road (the “Parcel”). The
property is located in a R-15 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, Margaret O’Brien, Mark Schmidt and Scott Ferguson.
Alternate member Joel Margolis assumed a voting position. Alternate member Jane
Brusca 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.
Mr. Crisafi spoke on his own behalf. Mr. Crisafi stated the family has two cars
and he would like to build a carport to be added to the existing one-car garage. He
submitted plans for the Board’s review. Chairman Houseman read into record letters
from the following abutters in support of the proposal: John and Andrea Dodge of 7
Conner Road and Paul and Maria Robinson of 11 Conner Road.
Chairman Houseman questioned if any member of the public would like to
comment on this petition. There being none, he asked the Board members for their
questions and comments. Chairman Houseman stated he made a site visit on Sunday,
January 26, 2003. He asked Mr. Crisafi if the evergreen tree near the driveway would
remain. Mr. Crisafi responded that it would. Chairman Houseman asked if the carport
would be built upon a foundation or on a concrete slab. Mr. Crisafi responded the
building would be built upon a concrete slab. Ms. O’Brien stated that in her opinion, a
carport is not enclosed on the sides. Mr. Crisafi responded the sides of the carport would
be enclosed and the front would be open. Mr. Ferguson stated he made a site visit on
January 26, 2003. He asked Mr. Crisafi if a garage door would be installed upon the
carport. Mr. Crisafi responded that he did not have plans to install a garage door at this
time. Houseman asked if the carport would be sided to match the dwelling. Mr. Crisafi
responded the carport would be vinyl sided to match the dwelling. Chairman Houseman
asked Commissioner Brennan if the petitioner could add a second story. Mr. Brennan
responded yes, unless specified otherwise in the decision.
The Board incorporated its observations as its general findings of fact and made
the following specific findings about the proposed 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; (3) that no undue traffic, nuisance, or
unreasonable hazard will result; (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 expansion of the non-conforming structure will not
be more substantially detrimental to the neighborhood than the existing non-conforming
structure.
Following the questioning and discussion, a motion was made by Schmidt to
GRANT the special permit, with the condition that the carport remains one-story.
Seconded by O’Brien. The motion carried 5-0 (Houseman, O’Brien, Schmidt, Ferguson
and Margolis 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,
Margaret O’Brien
Zoning Board Member
MO/lz