27 BELLEAU ROAD - ZBA (4) � C
27 BELLEAD ROAD -�
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I Legal Notice .
rP1 CRY OF SALEM
BOARD OF APPEAL
g7&746.9595,Ext.381.
will hold a public hearing for all per-
sons interested in the petition submit-
10 ted by NOREEN ROONEY requesting I
a Variance from dimensional regula-
n the tons for minimum depth of rear yard.to
allow the existing carport to extend
n has to and across the rear lot line for the
docu27 Belleau-
`ill of I. located
ine
+wproperty
Sd t e on Weds-
loday;Msrch 16,2005 at 6:30 p.m.,120
iLD of Washington Street, 3rd floor, Room
'X and 313. f
.BEV- Nina Cohen,Chairmar
is be (3/219)
is will
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CITY OF SALEM, MASSACHusWr1t;s0F SALEM MA
BOARD OF APPEAL 1LE1K'$ OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
STANLEY J. LISOVICZ, JR. FAX (976) 740-9846 ,1005 MAR 22 P a 41
MAYOR
DECISION OF THE PETITION OF NOREEN ROONEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
A hearing on this petition was held on March 16, 2005 with the following Board Members
present: Nina Cohen, Richard Dionne, Edward Moriarty, Nicholas Helides and Bonnie
Belair. 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 dimensional regulations for minimum depth
of rear yard to allow existing carport to extend to and across the rear lot line for the
property located at 27 Belleau Road located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding bythis
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. Attorney George Atkins representing Noreen Rooney stated the following:
a. Construction over the easement was completed by the previous owner
b. The encroachment was discovered at sale from Laura and Werner Rem to
Noreen Rooney when a mortgage plot plan was prepared.
c. There was a prior zoning board decision on 3.18.98.
d. The draft easement received unanimous City Council approval
e. The existing building crosses the lot boundary
2. Two letters of support for the petition were received from residents at 11 West
Circle and 10 West Circle.
3. There is no as build plan available at this time.
4. Denise Turcotte representing her father who resides at 13 West Circle, spoke
concerning the following:
Cl i Y Gr �ALt MA
CLERK'S '0l?riCE
DECISION OF THE PETITION OF NOREEN ROONEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
page two 1895 MAR 22 P 3� 4 1
a. Because the design and access, the City of Salem does not plow West Circle.
b. Because of design and access, the fire apparatus is not able to access West
Circle.
c. Any outside parking by the petition on the West Circle side of the property will
block access to 13 West Circle garage.
d. Rocks and a new shed and bushes along West Circle are limiting parking and
access.
5. Cindy Bourgault of 19 Belleau commented on speeding and parking on Belleau
by friends and family of the petitioner. She requested that the petitioner speak
with her visitors to request their reducing of vehicle speed.
6. Attorney Atkins summarized the petition as correcting an encroachment.
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.
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. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction but not limited to the Planning Board.
3. All requirements of the Salem Fire Department shall be strictly adhered to.
4. No parking on West Circle Extension by the petitioner or any vehicles that are I
licensed or registered or insured at the address of 27 Belleau Road
Variance Granted
March 16, 2005
Nicholas Helides CS'
Board of Appeals
DECISION OF THE PETITION OF NOREEN ROONEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 27 BELLEAU ROAD R-1
page three
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.
Board of Appeal
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March 15, 2005
City of Salem
Board of Appeal
120 Washington Street
Salem, MA 01970
To Whom It May Concern:
This letter is intended to express our support for approval of the 27 Belleau Road
easement. The structure in question is located at the end of a small cul-de-sac off the
street where we reside (West Circle). The area is used only by residents and becomes a
dead end at Lou and Noreen's property.
Granting an easement in this situation would not inconvenience our family or any other
resident in this area. We wholly support the Board of Appeal's approval to grant this
easement.
Respectfully submitted,
James & Christina Montanari
11 West Circle
Salem MA 01970
Caroline & Todd Laramie
10 West Circle
Salem, Massachusetts 01970
March 16, 2005
City of Salem
Board of Appeal
120 Washington Street
Salem, Massachusetts 01970
Re: 27 Belleau Road
To Members of the Board of Appeal:
Please consider this a formal letter of support for an easement to be granted at the
referenced address. The location of the garage in question, is on a small circular road
which becomes a dead end off of West Circle. There is no traffic that will be impacted
by the granting of this easement nor will it create any problems for the neighbors or
neighborhood.
Our home on West Circle is located very close to the area in question and we assure you
that granting this easement to Noreen &Lucien Chalifour will not in any way be
detrimental to this neighborhood or the city at large. Thank you for your consideration _
of this matter.
Sincerely,
Caroline & Todd Laramie
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BELLEAU ROAD
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THE BIULDING ON THIS PLAN IS LOCATED EASEMENT AREA SKETCH
ON THE GROUND AS SHOWN.
IN SALEM,, MA
DENNIS MCMANUS. P.L.S. ASN OF ry� FOR NOREEN ROONEY
DENNIS DATE} 6/02/04 SCALE., 1" = JO' I ✓08. NO. 97155297 -
J us REV. 1/25/05 LANDMARK
Jr D ENGINEERING & SURI7EYING, 11VC.
s10NP Q 58J CHESTNUT STREET
qNp Su 1� LYNN, MA 01,904
(781) 592-7016