Danvers Zoning Board approves extended-family permit for 25 Delaware Ave, caps EFLA at 980 square feet

3141203 · April 28, 2025

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Summary

On April 28, 2025, the Town of Danvers Zoning Board of Appeal granted a special permit under section 9.2 to allow an extended-family living area at 25 Delaware Ave that exceeds the 750-square-foot limit, conditioning the permit so the unit will not exceed 980 square feet and finding that adjacent properties would not be adversely impacted.

The Town of Danvers Zoning Board of Appeal on April 28 approved a special permit allowing an extended-family living area (EFLA) at 25 Delaware Ave and limited the EFLA to no more than 980 square feet.

The board granted the permit under section 9.2 of the Danvers zoning bylaw after the applicant, Scott Audette, requested relief from the bylaw’s 750-square-foot maximum and the communal shared-space requirement so the homeowners could move aging relatives into the finished basement. The vote was 4-0.

The EFLA request was presented by Scott Audette, identified in the hearing as the general contractor for owners Richard and Lisa Delasola. Audette told the board the family was seeking "relief of approximately 80 square feet over what is allowed" so the owners can house the applicant’s parents in the existing finished basement. Owner Richard Delasola described needing space because his father is 86 and his mother is disabled and has had falls.

Planning Director Brian Zakelian explained the distinction between accessory dwelling units (ADUs) and the town’s EFLA option, saying, "This is not an ADU because the utilities are shared, and that's the difference between the whole...ADU. This is not an ADU." He and building inspectors had reviewed the basement layout and subtracted non-livable areas (the utility room and stairwell) from the original measurement, reducing the counted living area to 978 square feet; the board set the permit cap at 980 square feet as a condition.

Board members discussed whether the small entry landing and stair area could be treated as a communal or shared space under the bylaw. Several members said the area functionally served as a shared entry for visitors coming to the parents’ unit and that, while not a large common room, it analogous to a mudroom or landing. The board also noted the basement has three exits and that the applicants said they would install a door under the stairwell to provide the in-law unit some separation and privacy.

During questioning, the applicants clarified that the remodeled basement would include a three-quarter bath and a full kitchen, and that the upstairs household would also have laundry facilities so the downstairs unit would not require shared laundry access. The board recorded that adjacent properties would not be adversely affected and that the increased size and lack of a conventional shared space would not be detrimental to the public good or inconsistent with the purpose of the bylaw.

Madam Chair Corinne Daugherty called for a motion. Member Ken Jarvinen moved to accept the application for docket 25-5101 and issue a special permit under section 9.2(a) and (d) to construct the extended-family living area not to exceed 980 square feet; Clerk Ken Scholz seconded. The board voted unanimously in favor. The motion's wording specified the EFLA would not comply with the 750-square-foot maximum or the communal shared-space provision but found the proposal met standards for a special permit.

The board did not impose additional conditions beyond the square-footage cap and the factual findings noted at the hearing. The applicants said they would proceed with the planned interior work and add the interior door under the stairwell if the permit was approved. The board adjourned after concluding deliberations.

Votes at a glance: 25 Delaware Ave (docket 25-5101) — Special permit under Danvers zoning bylaw section 9.2 to construct an extended-family living area that exceeds the 750-square-foot limit and does not meet the communal shared-space requirement; approved 4-0; permit limited to 980 square feet.

Background: The Town of Danvers zoning bylaw provides an EFLA option separate from ADUs for households seeking to house relatives with a direct internal connection. Board members and planning staff emphasized that an ADU requires fully separate utilities and separations that this proposal did not provide.