3 BELLEAU ROAD - ZBA 3 Belleau Rd. R-1
Roland & Vivien Caron
1
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»,qb JUL 13 3 11 PH '89
f/ �y (Ilif of Salem, ffltt13021r4U6fft9F1L[t
DECISION ON THE PETITION OF ROLAND & VIVEN CARON FOR A
SPECIAL PERMIT AT 3 BELLEAU ROAD " (R-1)
A hearing on this petition was held on July 5 , 1989 with the
following Board Members present . James Fleming , Chairman ,
Richard Bencal , Vice Chairman , John Nutting , Secretary , Messrs .
Richard Febonio and Edward Luzinski . 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.
Petitioner , owner of the property , is seeking a Special Permit
to allow existing nonconforming deck to be enclosed .
The provision of the Salem Zoning Ordinance which is applicable
to this request for a Special Permit is Section V B 10 , which
provides as follows :
Notwithstanding anything to the contrary appearing in this
Ordinance , the Board of Appeal may , in accordance with the
procedure and conditions set forth in Section VIII F and IX
D , grant Special Permits for alterations and reconstruction of
nonconforming structures , and for changes , enlargement , extension
or expansion of nonconforming lots , land , structures , and uses,
provided , however , that such change , extension, enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood .
In more general terms , this Board is , when reviewing Special
Permit requests , guided by the rule that the Special Permit
request may be granted upon a finding by the Board that the
grant of the special permit will promote the public health ,
safety , convenience and welfare of the City ' s inhabitants .
The Board of Appeal , after careful consideration of the evidence
presented , and after viewing the plans , makes the following find-
ings of fact :
1 . There was support for allowing by abutters and neighbors .
2 . No opposition.
3 . The enclosing of the deck would add to the quality of life
of the petitioners .
On the basis of the above findings of fact , and on the evidence
presented at the hearing , the Board of Appeal concludes as
follows :
1 . The relief requested 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 .
DECISION ON THE PETITION OF ROLAND & VIVEN CARON FOR A
SPECIAL PERMIT AT 3 BELLEAU ROAD (R-1)
page two
Therefore , the Zoning Board of Appeal voted unanimously ,
5-0 to grant the relief requested , subject to the following
conditions :
1 . Petitioner must meet all requirements of the Salem Fire
Department relative to smoke and fire safety ;
2 . All work must be done as per City and State Building Codes
and with a legal Building Permit.
3 . All construction be done as per the plans submitted .
4 . That it be built in harmony with the existing structure .
SPECIAL PERMIT GRANTED
Richard T . Febonio , Board Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Apoeal from this decision, if any,shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the city Clerk.
Pursuant to Mass. General Laws, Ch:.nter 808, Section 11,the Variance
or Special Permit granted herein sh_tl ..lot take effect until a copy of the
'ecision, bearing the certification of the City Clerk that 20 days have
apsed and no appeal has been filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and an x ounder s Certificate or t e owner of record or
Ig Eacarded and noted-
JJOARQ OF.APPEAU
' II
JUL 13 3 it PH 19
CfU Elf �SttlEm, 4Ha55UC4U9df5FIL44,
:..:_r;. ?AS3.
pQIIf�t Of �UJ�1PM ^!TY CLERK.
1
DECISION ON THE PETITION OF ROLAND & VIVEN CARON FOR A
SPECIAL PERMIT AT 3 BELLEAU ROAD ' (R-1 )
A hearing on this petition was held on July 5 , 1989 with the
following Board Members present . James Fleming , Chairman ,
Richard Bencal , Vice Chairman , John Nutting , Secretary , Messrs .
Richard Febonio and Edward Luzinski . 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.
Petitioner , owner of the property , is seeking a Special Permit
to allow existing nonconforming deck to be enclosed .
The provision of the Salem Zoning Ordinance which is applicable
to this request for a Special Permit is Section V B 10 , which
provides as follows :
Notwithstanding anything to the contrary appearing in this
Ordinance , the Board of Appeal may , in accordance with the
procedure and conditions set forth in Section VIII F and IX
D , grant Special Permits for alterations and reconstruction of
nonconforming structures , and for changes , enlargement , extension
or expansion of nonconforming lots , land , structures , and uses,
provided , however , that such change , extension , enlargement or
expansion shall not be substantially more detrimental than the
existing nonconforming use to the neighborhood .
In more general terms , this Board is , when reviewing Special
Permit requests , guided by the rule that the Special Permit
request may be granted upon a finding by the Board that the
grant of the special permit will promote the public health ,
safety , convenience and welfare of the City ' s inhabitants .
The Board of Appeal , after careful consideration of the evidence
presented , and after viewing the plans , makes the following find-
ings of fact :
1 . There was support for allowing by abutters and neighbors .
2 . No opposition.
3 . The enclosing of the deck would add to the quality of life
of the petitioners .
On the basis of the above findings of fact , and on the evidence
presented at the hearing , the Board of Appeal concludes as
follows:
1 . The relief requested 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 .
DECISION ON THE PETITION OF ROLAND & VIVEN CARON FOR A
SPECIAL PERMIT AT 3 BELLEAU ROAD (R-1)
page two
Therefore , the Zoning Board of Appeal voted unanimously ,
5-0 to grant the relief requested , subject to the following
conditions :
1 . Petitioner must meet all requirements of the Salem Fire
Department relative to smoke and fire safety ;
2 . All work must be done as per City and State Building Codes
and with a legal Building Permit.
3 . All construction be done as per the plans submitted .
4 . That it be built in harmony with the existing structure .
SPECIAL PERMIT GRANTED
Richard T . Febonio , Board Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any,shall be made pursu
ant to Section 17 of
the Mass. General Laws, Chapter Bob,and shall be filed within 20 days
after the date of filing of this decision in the office of the city Clerk.
Pursuant to Mass. General Laws, Ch:.I'er 808. Section 11, the variance
or Special Permit granted herein sh 11 !jot take effect until a copy of the
'ecision, bearing the certification of the city Clerk that 20 days have
apsed and no appeal has been filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is Eecnfded and noted on the owner's Certificate of Title.
pDARo OF,APPE U7