27 BELLEAU ROAD - ZBA (3) 27 BELLEAII RAOD
LAURA REHIM J
V
Legal Not
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext-381
Will hold a public hearing for all
persons interested in the petition sub-
miffed by LAURA REBIM requesting
Variances from density and side yard -
setback to construct a deck for the
property located at 27 BELLEAU
ROAD R-1 R-2.Said hearing to be held
WEDNESDAY, AUGUST 21, 2002
AT 6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
- Chairman
(8/7,14)
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL '
=' _ 120 WASHINGTON STREET, 3RD FLOOR
�J_� �f.FTa SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. Zit? (,Ij 2
7 2: 2?
MAYOR
DECISION OF THE PETITION OF LAURA REHIM REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
A hearing on this petition was held August 21, 2002 the following Board Members were
present: Nina Cohen Chairman, Bonnie Belair, Richard Dionne, Joan Boudreau, and
Stephen Harris. 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.
At the request of the petitioner the Salem Board of Appeal voted 5-0, to grant leave to
withdraw this petition without prejudice for a Variance from density and side yard
setback to construct a deck rear setback for the property located at 27 Belleau Road
located in a R-1 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
August 21, 2002
Nina Cohen, Chairman
Board of Appeal
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 pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
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 certification of the City Clerk
that 20 days have elapsed 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 of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal
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DECISION ON THE PETITION OF JANET M. SIMMONS REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD (R-1)
A hearing on this petition was held March 18, 1998 with the following
Board Members present: Gary Barrett, Chairman, Nina Cohen, Albert
Hill, Richard Dionne and Paul Valaskagis. 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 is requesting a Special Permit to allow a second floor
addition and to close in a carport located at the rear of the
structure for the property located at 27 Belleau Road.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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 a 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 at the hearing and after viewing the plans, makes the
following findings of fact:
1 . The petitioner was represented by Attorney Henry Lucas, 133
Washington Street in Salem.
2 . Petitioner seeks relief to enlarge the structure (raise the
structure) .
3. There will be no change to the footprint of the property.
4 . The increase in height will be 9 feet to the structure.
5. Enclosure to the carport will be to the lot line.
6. Chester & Alice Kohn, 30 Belleau Road appeared and spoke in favor.
DECISION OF JANET M. SIMMONS REQUESTING A SPECIAL PERMIT FOR
THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
page two
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit 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 dimensions
submitted and approved by the Building Inspector.
3 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
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.
c . A Certificate of Occupancy shall be obtained.
SPECIAL PERMIT GRANTED
March 18 , 1998
Paul Valaskagis, Member
Board of Appeal
DECISION OF THE PETITION OF JANET M. SIMMONS REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD
page three
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 pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed 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 or 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
E
August 15, 2002
To: Nina Cohen —City of Salem Board of Appeals 120 Washington St—3rd FI
From: Greg Brewer— New Owner of 33 Belleau Rd (Lot B (X), C (Y) &W)
Subject: Zoning Variance —27 Belleau Road, Salem
I recently moved into the home at 33 Belleau Road on August 2, 2002. A few days ago I
was informed by my neighbors at 30 & 35 Belleau that the above request has been
formally initiated. I did not receive any direct announcement about this request. I am
unable to attend the 21 August review as I will be traveling in San Francisco during the
week of 18 August for a series of key business meetings for my company that have been
planned since mid-July.
What I have learned thus far, based on a very brief examination, is that my Coldwell-
Banker Hunnemann realtor and the former owner of 33 Belleau recommended against
the variance due to cited negative impacts on my property value.
From the attachment you can see the lot that makes up my home is a combination of
two original lots (B & C) and a portion of a 3'd (W) which gives my home a maximum
level of space and privacy that was a critical factor in my decision to buy the home. It
was a key reason why the price of the home was not negotiated and it sold at a premium
well above recent sales on Belleau. This additional encroachment on my property
concerns me greatly as the proposed deck would be directly outside of my bathroom and
bedroom windows. Based on 27 Belleau's documentation, this deck is planned for
recreation & entertaining. Understanding its intended use and proximity to my bedroom
is of grave concern.
Based on the information in your file, there has been a variance approved prior for 27
Belleau that allowed the side addition that now consumes the previously available
outdoor deck space. This approval/action is now leading to yet another request for
variance to recoup the lost outdoor deck space by extending to my property line. With
that original variance action the owners made a clear decision to sacrifice the previously
available outdoor space with more enclosed space.
I do agree that the privacy screen/fence described in their application is important. As
the existing partial screen/fence is on my property, I will initiate estimates to extend it at
my cost. I request that the variance request be denied and the city of Salem regulations
remain in force.
Thank you for your consideration. My mobile phone number is 617.513.3235.
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THERE WERE �•iC !OT t 36
CORNERS ACTUA.!._Y FOUND, 1 i
RECOMMENDATION IS TO
PERFORM AN INSTRUMENT
SURVEY TO VERIFY LOCAT;ON
AS SHOWN.
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AMERICAN
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AMERICAN SURVEYING COMPANY
� �nnIIg t� OF BOSTON, INC.
^-1!_:T"7dq .& 'Lt�,719l� W 1264 MAIN STREET WALTHAM, MASS. 02451
A REGISTERED LAND SURVEYOR, PHONE (781) 893-6477 FAX (781) 893-7091
DO HEREBY CERTIFY THAT THE
ABOVE MORTGAGE INSPECTION MORTGAGE INSPECTION PLAN
PLAN WAS PREPARED FOR
HUNNEMAN MORGAGE CORP DATE: 11-21-01 RECORDED AT: _.ESSEX
CLIENT: MULLIN COUNTY REGISTRY OF DEEDS
N CONNECTION WITH A NEW CLIENT REF.#: BOOK: 13387 PAGE• L.C, CERT #;
MORTGAGE, AND IS NOT INTENDED J,p, 110065901 PLAN REFERENCE: BK 4254, PG 442
OR REPRESENTED TO BE A LAND DRAWN PER TOWN OF: ASSESSORS
OR PROPERTY SURVEY. NO THE LOCATION OF THE ORIGINAL MAP#: PARCEL#: DATED:
CORNERS WERE SET, AND IT DWELLING SHOWN HEREON EITHER ADDRESS: 27 B FAU RD SA FM bdA
CANNOT BE USED FOR WAS IN COMPLIANCE WITH LOCAL BORROWER:�HM
EAPPLICABLE ZONING BYLAWS IN
ESTABLISHING FENCE, HEDGE,
EFFECT WHEN CONSTRUCTED
OR BUILDING LINES. THE LAND (WITH RESPECT TO HORIZONTAL
SHOWN HEREON IS BASED ON DIMENSIONAL REQUIREMENTS ONLY),
CLIENT FURNISHED OR IS EXEMPT FROM VIOLATION
INFORMATION, AND MAY BE ENFORCEMENT ACTION UNDER MASS THE SUBJECT DWELLING LIES IN FLOOD ZONE X
SUBJECT TO FURTHER G.L. TITLE V11, CHAP, 40A, SEC.7 AS SHOWN ON THE NATIONAL FLOOD INSURANCE PROGRAM
OUT—SALES, TAKINGS, EASMENTS, UNLESS OTHERNSE NOTED OR INSURANCE FLOOD RATE MAP DATEDAB-05-85
AND RIGHTS OF WAY. NO SHOWN HEREON.A CONFIRMATORY COMMUNITY / PANEL #: —25010200058
RESPONSIBILTY IS EXTENDED INSTRUMENT SURVEY IS ADVISED
HEREIN TO THE LAND OWNER OR WHEN STRUCTURES ARE SHOWN I FIELDED IDRAFTED CHECKED
OCCUPANT. 1T IS NOT INTENDED LESS THAN V FROM PROPERTY OR BY: I 8L I din-D
TO BE RECORDED... REQUIRED ZONING SETBACK LINES. DATE: 11-20-011 1 2 o. F,B. 1055 PGE:42_
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