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CITY OF SALEM
4 BOARD OF APPEAL
ik 745-9595 ExL 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by NICK NIKOLOPOULOS r
requesting a Variance from side yard 1
setback to construct a 12'x16'addition
for property located at 10 BELLEAU
`ROAD R4.Said hearing will be held on
`WEDNESDAY,MAY 18,2005 AT 620
P.M., 120 WASHINGTON STREET, i
3RD FLOOR,ROOM 313.
Nina Cohen }}}f
I Chairman
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
oICLERK S�OFFICEA
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSET79 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 J LUW q p� UN _2 P 2: 33
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF NICK NIKOLOPOULOS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 10 BELLEAU ROAD R-1
A hearing on this petition was held on May 18, 2005 with the following Board Members
present: Richard Dionne, Edward Moriarty, Nicholas Helides, Robin Stein and Steven
Pinto. 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 side yard setback to construct a 12 x 16
addition for the property located at 10 Belleau Road 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. The Petitioner, Nick Nikolopoulos appeared and presented his plans before the
Board.
2. The petitioner is seeking relief from a side yard setback to construct a one story-
one room addition to his property.
3. Lee Callahan of 5 Savoy Road, and abutter from 353 Lafayette Street appeared
in support of the petition.
4. There was no opposition to this petition.
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.
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DECISION OF THE PETITION OF NICK NIKOLOPOULOS REQUESTING A
VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 BELLEAU
ROAD R-1
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 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5 A Certificate of Occupancy shall be obtained.
6. Petitioner shall keep existing red cedar shingles
Variance Granted
May 18, 2005
Steven Pinto, Member CSC
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY CLERK
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
Massachusetts General Laws Chapter 40A, Section 11. The Variance or 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.