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Danvers ZBA approves variance for 13 West Street shed with 10-foot height limit
Summary
The Zoning Board of Appeal granted a variance allowing a 12-by-16-foot shed to be placed 3.5 feet from the side property line at 13 West Street, dockets 25-5102, with a condition limiting height to 10 feet to the midpoint of the roof.
The Town of Danvers Zoning Board of Appeal voted June 9 to grant a variance permitting construction of a 12-by-16-foot shed at 13 West Street that would sit 3.5 feet from the side property line where a 20-foot setback is normally required. The variance (docket 25-5102) was approved with a condition restricting the sheds height to no more than 10 feet measured to the midpoint of a pitched roof.
The application, filed on behalf of property owner Mario Pepe, was presented by Verne LeBlanc of LeBlanc Survey Associates. LeBlanc said placement was constrained by a 30-foot-wide sewer easement running along the right side of the lot, which prevented locating the proposed shed farther from the side lot line without entering the easement.
"His lot is burdened by a 30 foot wide sewer easement that runs all the way along the right side of the property," LeBlanc said, explaining the proposed 3.5-foot setback. He added the shed would sit behind an existing white vinyl fence and likely be largely obscured from the adjacent property.
Board members discussed alternatives including a smaller shed or different siting; some members urged a reduction in dimensions while others said the easement created practical constraints. Ken Jarvinen said he was not in favor of granting relief simply to accommodate a 12-by-16 shed, noting the applicant could choose a smaller structure. Becky Kilborn, who had visited the property, noted the lot was well maintained and said she believed adjacent property owners were unlikely to be adversely affected.
Several board members raised height as a primary concern. The board noted the zoning bylaw permits accessory structures up to 20 feet, but agreed to a more restrictive condition for this relief. The board made the height limit part of its motion, specifying the standard of measurement used in Danvers: "to the midpoint of the roof" for pitched roofs.
The board motion, entered into the record by a member, described the decision as a variance under Table 2 of the zoning bylaw and found that the proposed alteration would not be substantially more detrimental to the neighborhood. The motion included the condition that the height not exceed 10 feet to the midpoint of the roof structure. The motion passed by board vote; the record shows the board approved the variance with one opposing vote (final tally: yes 4, no 1).
LeBlanc and owner Mario Pepe said the proposed shed is for pool equipment storage and that grading and slope behind the in-ground pool led them to place the shed in the location shown on the plan. The board also noted the shed is below the threshold for a building permit (200 square feet) and that the project would proceed through a minor-project administrative review for any conservation commission involvement if required.
The variance is granted subject to the height restriction; the applicant may proceed to obtain required administrative permits and must comply with the conditions set by the board.
