24 BELLEVIEW AVENUE - ZBA (2) 24 Belleview Ave. (R-1 )
Herbert & Mary Conforth
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UMY� of
July 15, 7986
Notice is hereby given
decision of that as Of
Jul
Board Y 8,
the 1986 the
Of Appeal has been filed in the
and Mary
office of the City Clerk to
grant the petition
Conforth for a Variance
of Herbert
to divide Pa from density into two lots ,
ot Y and setbacks , A sit s
Avenue and to & B, at 24 Bell
construct a s eview
Ingle familY dwelling on lot B.
BOARD OF AppBAL
Brenda M. S
Clerk umrall
IAPPEAL.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,
PURSANT TO MASS. CENERAI. I.AV1S, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NJT TA'1E EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERU
FICATION OF THE CITY CLER THAF 2U DAYS HA7E ELAPSED AT40 NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DIS`AISSED OR DENIED IS
RECORDED IN THE SJUTH 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
I
To: SALEM BOARD OF APPEAL
We, the undersigned, are in favor of the proposal by Mary Conforth and
Herbert Conforth for a variance to allow them to divide their lot at 24 Belleview
Avenue and to construct a single-family house on one of the resulting lots. We feel
that the replacement of the buildings, currently in disrepair, with a new residential
structure will enhance the aesthetic quality and residential character of the
nei hborhood, and wi of have any adverse impact on the neighborhood.
rAAd
4.1
17 vdellevi� 0-1-e
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Y
a mni4b
�� flit of 'Salem' fussar4usetts
3'
Poxra of ( FvFvvd
DECISION ON THE PETITION OF HERBERT & MARY CONFORTH FOR
VARIANCES FOR 24 BELLEVIEW AVE. ''rr pp
A hearing on this petition was held June 18, 1986 wiALth`$ AP&Arf1�
g10 Members
present: Edward Luzinski, Vice Chairman; Messrs. , »ypE�1, Fleming an Strout.
Notice of the hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News iflITXCpridar}i?E ith Massachusetts
General Laws Chapter 40A. MASS.
Petitioners, owners of the property, are requesting variances from all applicable
--density and setback requirements to divide parcel of land into two lots,- lot -A- & B
and to construct a single family dwelling on lot B. Property is located in an
R-1 district.
The Variance which has been requested may be granted upon a finding of the 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 structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
c. desirable relief may ge 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.
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:
I . There was no opposition;
2. The size of the lots would be the same size as other lots in the
same area;
3. It is not financially feasible to maintain this property as a single
lot, it is much more suited for two lots with a single family on each
lot and would be more in keeping with the character of the neighborhood.
On the basis of the above findings of fact and on the evidence presented, the Board
of Appeal concludes as follows:
1 . Special conditions exist which affect the property in question but do
not affect the district generally;
2. Literal enforcement would work a substantial hardship on petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent or purpose of the Ordinance.
DECISION ON THE PETITION OF HERBERT & MARY CONFORTH FOR
VARIANCES FOR 24 BELLEVIEW AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Variances
requested, subject to the following conditions:
1 . A Certificate of Compliance for the existing dwelling be obtained
from the Salem Fire Department;
2. Plans for the new structure be submitted to the Salem Fire Dept. for
their approval prior to the obtaining of a building permit;
3. All work be done in accordance with plans submitted;
4. A Certificate of Occupancy be obtained.
VARIANCE GRANTED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
ASS.
APPEAL FRO!1, THIS DECISIC N. P S';^:L 8E !•iADE PDRSdANT TO SECT109 D OF 1. E OF FlLIiIG GENERAL LAWS CH AP'R £G� 4:,= =�'.L cE FILED WITHIN 20 DAYS AIM'•
-E -c -\ T.`.E CITY CLERK.
OF THiS DEQSI014 11 THE - =.1AL PEP.ViT
Ep3, SECTI:1. 11. THE 4A"...-- ?HE :,ERL
POPSA!!T 10 hfASS. GNER:,- L ._ . .
GRrN CED HEREIN. SHALL 6.. E - UiT:L A COPY CF THE OEL t.'- n __!.: FI'_ED.
';.1` :;n7E ELF,PS=D ;'4D fl? J:r r'.
FICAT�J!4 OF 1HE CI CL:PJ, -
S:':8 `,R AP?:a L,. .'.i .:'A'. IT h'.F. SEE;4 CIS > CLJ :D IS
OR THAT. IF .- c Aii1 I;10U[D ULD:-.:'. TP._ E GF THE OYJ:'ER
RECCROED IN THE Sl-S'iH ESEE). --;;. 1E Oa
OF RECORD OR IS RECORDED AllG ;...:Eu Oi! 'I RE CWftER'S CERTIHCAIE OF TIT�E.
BOARD OF APPEAL
N
/ FOR REGISTRY OF DEEDS USE ONLY
N jLAS BEEN
C; 72 1N ' ITF TFE
,0D RE FFC-
1 „ " 3 OF DEEDS CF ,. p; CUMN—
IPLUIET OF MASSACiHUSETTS.
JAMES A. MC LEAN GERTREL A. , �,T --
REIDs
S.AT]# ' REG STE-R , LAND SURVEYOR
�19i.11lIw00l
i
Existii , . .:
Bu King
(to be �xnoved!
GERALD J.
DENTREMONT
PROPOSED �+; �—
DWELLING
24x42 '
)LOT B
a�
_ Eaistinr
66438'—OB"
Gnroge
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L
GARLAND REALTY
U 17, LOT A TRUST
81090 S.F
ZONING DISTRICT RESIDENCE I 7
c
_ u
REAR IARD REQUEST (11JT A) 17 ' (MINIMUM 30')
c
MINIMUM LOT AREA (LOT A) R090S.F (MIN. 1�000SF) a No. 24
MINIMUM LOT AREA (LOT 8) $000S.F (MIN 15,000SF) ? EXISTING
DW ELL I NG
t Iris,
�90'-00'-00" I 100.00' 97-cd--w' _
I
Belleview Street
SALEM BOARD OF APPEALS
SUBDIVISION PLAN OF LAND
SALEM , MASSACHUSETTS
OWNER' MARY V. CCRNFORTN
SCALE : I " = 20' FEB. 2811986
DATE CARTER 81 TOWERS ENGINEERING CORP.
6 FAIRVIEW AVENUE
SWAMPSCOTT, MASSACHUSETTS
GRAPHIC SCALE
CII
_ __ F- 14983 (9147)