ZBA Approves Conversion to a Two-Family Residence

The Revere Zoning Board of Appeals held its regular monthly meeting last Thursday evening, January 26, in the City Councilor Joseph A. DelGrosso City Council Chamber .

Chairman Michael Tucker and members Aklog Limeneh, Arthur Pelton, and Hazem Hamdan were present for the meeting.

Most of the items on the board’s agenda for the evening were continued at the request of the applicants. The board unanimously approved the lone application that went forward, giving approval to a request by a homeowner for a variance from the parking requirements to convert his single-family home into a two-family dwelling.

The agenda items for the meeting and the board’s discussions and votes on each item were as follows:

Item #A-21-36:

Beth McDougal, 214 Arlington Street, Chelsea, MA 02150 requesting a variance of Section 17.16.260(F)(1) of the Revised Ordinances of the City of Revere with respect to the requirement that no accessory structure shall occupy more than 10% of the rear yard to enable the appellant to construct a 1,080 square foot accessory garage at the rear of the existing structure on Lot 4 at 22 Central Avenue.

Discussion and vote:

This matter had been continued from the December meeting. The applicant did not appear and the board approved a motion to withdraw the application without prejudice.

Item #A-22-01:

Durant Performance Coatings, Inc., 112 Railroad Street, appealing the decision of the Building Inspector and/or the Site Plan Review Committee on November 16, 2021 to approve the site plan application submitted in relation to 44 Railroad Street.

Discussion and vote:

A representative who appeared on behalf of the applicant asked that this request be continued because the Site Plan Review Committee is in the process of analyzing a traffic study, which would make the application a moot issue.

However, a representative for two abutters opposed the continuance on the basis that there has not been a decision by the Building Inspector, which means there is nothing before the board to consider. 

“Even if we come back, this board cannot consider the matter because the Building Inspector has not made a ruling,” he said.

However, the board voted unanimously to approve a continuance on the matter to its next meeting on February 16.

Item #A-22-02:

Cristina Napoli and Marcus Santos, 174 Endicott Avenue, appealing the decision of the Building Inspector to deny the applicants’ request for enforcement of the Zoning Ordinances of the City of Revere with respect to the property located at 172 Endicott Avenue and owned by Thomas LaBrecque concerning the unauthorized expansion of a deck to less than one (1) foot within the required side yard setback of ten (10) feet. The applicants’ request that the Zoning Board of Appeals reverse the decision of the Building Inspector to delay or withhold the enforcement of the Revere Zoning Ordinances and that Mr. LaBrecque be ordered to remove the deck encroachment into the side set back to the extent it exceeds what was existing previously at the property located at 172 Endicott Avenue.

Discussion and vote:

Both the proponents and opponents previously had discussed a continuance and the board voted unanimously to continue the matter to February 16. (This application was taken in tandem with Item #22-05, which likewise was continued to the February 16 meeting.)

Item #A-22-03:

Hossaena Wondimu & Abebaye Geremew, 300 Mountain Avenue, requesting a variance of Section 17.28.020 minimum parking requirements of the Revised Ordinances of the City of Revere to enable the appellants to convert a single-family dwelling to a two-family dwelling on Lot 168 at 300 Mountain Avenue.

Discussion and vote:

“We like this city and this neighborhood,” said Mr. Wondimu, who presented the application. “We are raising our kids here.”

He said that the basis for the request is that he would like to provide a separate living space for his elderly in-laws, who do not drive.

The board had received a number of emails from neighbors supporting the application. There were no opponents.

The board unanimously approved the application.

Item #A-22-04:

Pedro Calcano, 43 Pearl Avenue, Revere, requesting the following variances of the Revised Ordinances of the City of Revere to enable the appellant to convert a single-family dwelling to a two-family dwelling on Lot 125 at 43 Pearl Avenue:

1. Noncompliance with Section 17.28.020 with respect to requirement for 4 parking spaces for a two-family dwelling.

2. Noncompliance with Section 17.24.070(A)(3) with respect to no parking allowed in the rear yard for single-family and two-family dwellings.

3. Noncompliance with Section 17.24.010 footnote (y) with respect to maximum height requirement of 30 feet for lots less than 5,000 square feet.

4. Noncompliance with Section 17.24.010 with respect to a maximum of 2 1/2 stories for dwellings within the RB District.

5. Noncompliance with Section 17.24.010 with respect to minimum side yard setback requirement of 10 feet on one side and 5 feet on the other side.

6. Noncompliance with Section 17.28.050 with respect to minimum width of 20 feet required for driveways for two-way traffic.

7. Noncompliance with Section 17.28.040 with respect to minimum driveway aisle width requirement of 22 feet for 90-degree parking.

8. Noncompliance with Section 17.32.050 with respect to minimum screening area width of 6 feet between multifamily parking areas and other residential uses.

Discussion and vote:

A continuance had been requested by the applicant because his architect was ill and unable to attend. The board voted to continue the matter to February 16.

Item #A-22-05:

Thomas L. Labrecque (“Owner”), 172 Endicott Avenue, appealing the Order of the inspector of buildings/zoning administrator which states in pertinent part: “This correspondence serves as my Order pertaining to the erected deck located at 172 Endicott Avenue, Revere, MA; 1.) The erected deck is not conforming as to zoning and is also not in compliance with the building code. 2.) The Department plans to await a reasonable amount of time for the Owner to bring the deck into compliance within zoning and the code and to comply with this order. The Owner appeals the Order of the inspector of buildings/zoning administrator which orders the Owner to cure the zoning nonconformity of the exterior modifications. The facts and circumstances support the Owner’s position that no action is required respecting a zoning nonconformity, wherein the exterior modifications do not increase the nonconforming nature of 172 Endicott Avenue, Revere, MA and said exterior modifications were properly allowed by right in concert with the issuance of a building permit.

The board voted to continue this matter in conjunction with the application in Item #A-22-02.

The board then voted to adjourn until its next meeting on February 16.