Danvers ZBA grants variance after mobile home found touching cemetery lot line

The Town of Danvers Zoning Board of Appeals on Nov. 10 voted to grant a variance that allows a mobile home at 103 Newbury Street to remain at the property line abutting a cemetery after the applicant proposed shifting the unit 1 foot away from the lot line.

Attorney Nancy McCann, representing North Shore Property Group LLC (Leah and James LLC), told the board the home (Unit 22) was installed so it would not project into a drive aisle and that an "as-built" plan showed the nearest point touching the cemetery lot line. "We are proposing to move Unit 22 1 foot off of the lot line," McCann said, adding that town staff concluded moving it more than one foot would create unsafe conditions for the drive aisle.

The discussion reopened a separate question about what the board’s 2023 decision actually required. The chair said he recalled a 10-foot setback in earlier discussions; Corinne and others disagreed with using that recollection as the operative legal standard. "The decision says no closer than the existing mobile homes are to the property line," McCann told the board, citing the 2023 motion language.

Board members pressed staff about inspection and permit steps. Brian from planning explained that mobile homes are inspected and certified off-site, while the town inspects the concrete pad and hookups. Members asked how the pad had been poured at zero feet when earlier minutes and conversations suggested a larger setback. McCann and staff said the discrepancy was discovered during preparation of the as-built plan.

Public commenters questioned inspection points and attachments such as stairs. Bill Bradstreet asked who inspects steps and when; staff replied that steps are not part of the town’s pad inspection because the homes are prebuilt and C.O.s for the home are issued by the state.

After deliberation, the board voted to grant a variance under Table 2 to allow placement of a mobile home on the side property line abutting the cemetery where a 25-foot side setback is required. Some members said they supported leaving the unit in place to avoid displacing an elderly couple living there; others urged clearer written decisions in the future to avoid similar confusion.

The board did not order an immediate move but noted the enforcement mechanism available to staff if the agreed corrections are not made. Planning staff warned that failure to comply could subject the owner to daily zoning fines quoted during the hearing.