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Legal Notice j
CITY OF SALEM
BOARD OF APPEAL
978-745-9595,Ext.381 5
will hold a public hearing for all d
persons interested in the petition sub-
mitted by NATAL&DELIELA BET-
TENCOURT requesting a Variance f
from side yard setback to construct a 1
3 season room for property located at m
126 BAY VIEW AVENUE,R-1.Said
hearing will be held on WEDNES- (4,
DAY,DECEMBER 18,2002, at 6:30 {{
P.M., 120 WASHINGTON STREET, R
3rd FLOOR,ROOM 313. 1
Nina Cohen,Chairman ri
(12/4,11) ni
it
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CORDIT,I�Q CITY OF SALEM, MASSACHUSUMTYsOF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595 _
FAX (978) 740-9846 1002 DEC 30 P 3: 13
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF NATAL & DELEILA BETTENCOURT REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 126 BAY VIEW AVENUE R-1
A hearing on this petition was held December 18, 2002 with the following Board
Members present: Nina Cohen, Bonnie Belair, Stephen Harris, Nicholas Helides and
Richard Dionne. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from relief from side setback to construct a 3-
season sunroom for the property located at 126 Bay View Avenue located in an R-1
zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. Petitioner appeared and represented herself at the hearing.
2. Plans were submitted showing the proposed sunroom.
3. Two letters from neighbors were submitted in support of the petition.
4. There was no opposition to this petition.
CITY OF SALEM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF NATAL & DELIELA BETTENCOURT REQUESTING
VARIANCE FOR THE PROPERTY LOCATED AT 126 BAY VIEW AVENUE R-1
page two 1001 DEC 30 P 3: 13
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans and dimension submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
VARIANCE GRANTED
DECEMBER 18, 2002
Bonnie Belair
Board of Appeal
CtTy OF SALEM, MA
CLERX&s OFF-4t
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY CLERK 1001 DEC 30 P 3 13
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 day
date of filing of this decision in the office of the City Clerk. Pursuant to
Laws Chapter 40A Section 11. The Variance or
Massachusetts General La s C p Special
Permit granted herein shall not take effect until a copy of the decision bearing the
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
December 18, 2002
Board of Appeals
120 Washington Street
Salem, MA 01970
Dear Salem Board of Appeals members:
I write this letter in full support of Natal & Deliela Bettencourt of 126
Bay View Avenue in Salem, and their building proposal request being
put forth to you on Wednesday December 18th, 2002.
1 have personally seen their plans and view them as an appealing home
improvement project. As an immediate neighbor and forty-three year
resident at 120 Bay View Avenue, I lend my support to the Bettencourt
family.
If you have any questions, or if I can be of further assistance in this
matter, please feel free to contact me during the day at (978) 744-0390
or evenings at (978) 745-9650.
1 thank you for your time and apologize for not being able to attend in
person due to a previous engagement conflict.
Respectfully Yours,
)2U&41�-
N.N. Malia Griffin
120 Bay View Avenue
Salem, MA 01970
Salem Board of Appeals 12/18/2002
Salem, MA 01970
Dear Board members,
My name is Everett L. Dawkins III and I am a life-long resident of
122 Bay View Ave in Salem, MA
As a direct abutter to Natal & Deliela Bettencourt of 126 Bay View
Ave, I would like to voice my support of their sunroom to their
home.
Thank you for this opportunity.
Sincerely,
A/&1--
Everett L. Dawkins III
122 Bay View Ave.
Salem, MA 01970